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Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023

Overview of the Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023, Singapore sl.

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Statute Details

  • Title: Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023
  • Full Title: Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023
  • Act Code: TSIA2018-S875-2023
  • Type: Subsidiary Legislation (sl)
  • Commencement Date: 1 January 2024
  • Parts: N/A
  • Key Sections: 2, 3
  • Related Legislation: Transport Safety Investigations Act 2018

What Is This Legislation About?

The Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 is a piece of subsidiary legislation enacted under the Transport Safety Investigations Act 2018. Its purpose is to exempt certain small ships and rail vehicles from the application of Parts 3 and 4 of the Transport Safety Investigations Act 2018, which deal with transport safety investigations.

The Order aims to provide targeted exemptions for specific types of transport vehicles that are considered to pose a lower risk of transport occurrences requiring in-depth investigations. By exempting these vehicles, the legislation seeks to strike a balance between ensuring transport safety and avoiding unnecessary regulatory burdens on certain low-risk transport activities.

What Are the Key Provisions?

The key provisions of the Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 are as follows:

Exemption for Certain Small Ships (Section 2)
Section 2 of the Order exempts the following small ships from the application of Parts 3 and 4 (but not sections 15(2)(b) and 18) of the Transport Safety Investigations Act 2018, when operated under the specified conditions:

  • Single-hulled boats propelled solely by paddle or oars, when operated in any indoor artificial watercourse in Singapore;
  • Ships with an overall length of 6 metres or less, when operated within the Marina Barrage inland waters in Singapore;
  • Kayaks, canoes, rafts, or other small boats propelled solely by paddle or oars and not designed to carry passengers, when operated in certain specified inland waters in Singapore (e.g., reservoirs, rivers, canals).

Exemption for Certain Rail Vehicles (Section 3)
Section 3 of the Order exempts the following rail vehicles from the application of Parts 3 and 4 (but not sections 15(2)(b) and 18) of the Transport Safety Investigations Act 2018, when operated on the specified railways:

  • Rail vehicles operated on a slipway;
  • Rail vehicles used only to guide a crane;
  • Rail vehicles operated on an aerial cable system;
  • Rail vehicles with a terminus outside of Singapore;
  • The funicular lift at the Palisades, 294 Pasir Panjang Road, Singapore 118635;
  • Rail vehicles operated on an underground railway in the Jurong Rock Cavern.

It is important to note that the exemptions provided in sections 2 and 3 do not apply to sections 15(2)(b) and 18 of the Transport Safety Investigations Act 2018. These sections relate to the obligation to notify the Chief Investigator of a transport occurrence and the offence of obstructing an investigation, respectively.

How Is This Legislation Structured?

The Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 is a concise piece of subsidiary legislation consisting of only three sections:

  1. Citation and commencement - This section provides the citation of the Order and states that it comes into operation on 1 January 2024.
  2. Certain small ships exempt - This section outlines the specific small ships and their operating conditions that are exempt from the application of Parts 3 and 4 of the Transport Safety Investigations Act 2018.
  3. Certain rail vehicles exempt - This section lists the specific types of rail vehicles and railways that are exempt from the application of Parts 3 and 4 of the Transport Safety Investigations Act 2018.

Who Does This Legislation Apply To?

The Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 applies to the operators and owners of the small ships and rail vehicles specified in sections 2 and 3 of the Order. Specifically, it exempts these transport vehicles from the requirements and procedures related to transport safety investigations under Parts 3 and 4 of the Transport Safety Investigations Act 2018.

The exemptions provided in this Order are limited in scope and do not apply to the entire Transport Safety Investigations Act 2018. Sections 15(2)(b) and 18 of the Act, which relate to the obligation to notify the Chief Investigator of a transport occurrence and the offence of obstructing an investigation, respectively, still apply to the exempted transport vehicles.

Why Is This Legislation Important?

The Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 is important for several reasons:

Balancing Transport Safety and Regulatory Burden
The Order aims to strike a balance between ensuring transport safety and avoiding unnecessary regulatory burdens on certain low-risk transport activities. By exempting specific types of small ships and rail vehicles from the in-depth investigation requirements, the legislation seeks to focus the resources of the transport safety investigation system on the transport modes and occurrences that pose a higher risk to public safety.

Promoting Recreational and Niche Transport Activities
The exemptions provided in this Order may encourage the use of certain small ships and rail vehicles for recreational, tourism, or niche transport purposes. By removing the potential burden of mandatory transport safety investigations, the Order may help facilitate the development and use of these transport modes, which can contribute to a more diverse and vibrant transport ecosystem in Singapore.

Alignment with the Transport Safety Investigations Act 2018
The Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 is enacted under the authority of the Transport Safety Investigations Act 2018. It serves to complement and support the implementation of the Act by providing targeted exemptions for transport vehicles that are considered to pose a lower risk of transport occurrences requiring in-depth investigations.

  • Transport Safety Investigations Act 2018

Source Documents

This article provides an overview of the Transport Safety Investigations (Transport Vehicles — Exemption) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.

Written by Sushant Shukla
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