Bus Services Industry Act 2015

Bus Services Industry Act 2015 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to regulate the provision of bus services and the operation of bus depots and bus interchanges in Singapore, and to control entities providing essential transport services and their equity interest holders. [Act 20 of 2024 wef 01/04/2025] [22 January 2016] PART 1 PRELIMINARY Short title 1. This Act is the Bus Services Industry Act 2015. Interpretation 2. In this Act — “authorised officer”, for any provision of this Act, means an employee of the LTA who is appointed as an authorised officer under section 43 for the purposes of that provision; “bus” means any motor vehicle registered as a bus under the Road Traffic Act 1961; “bus depot” means any premises with purpose-built facilities for the parking, maintenance or refuelling of buses by bus operators holding Class 1 bus service licences; “bus depot licence” means a bus depot licence granted (or deemed granted) under Part 4 to operate a bus depot specified in the licence; “bus depot site” means the premises in Singapore on which a bus depot is or is to be situated; “bus interchange” means a terminal or station with purpose‑built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers; “bus interchange licence” means a bus interchange licence granted (or deemed granted) under Part 4 to operate a bus interchange specified in the licence; “bus interchange site” means the premises in Singapore on which a bus interchange is or is to be situated; “bus operator”, in relation to a bus service, means the person who operates the bus service, but does not include — (a) the LTA; or (b) a person who merely arranges for the registration of a bus, drives a bus or maintains or arranges for the maintenance of a bus; “bus service” means a service consisting of the carriage of passengers, for a fare, by buses operated — (a) at predetermined timetables; and (b) on a fixed route on roads for journeys wholly or partly within Singapore with 2 or more bus stopping points within Singapore; “bus service licence” means a bus service licence granted (or deemed granted) under Part 3 to operate a bus service, or the bus services, specified in the licence; “bus stopping point” means a location designated for a bus to stop for the purposes of passengers boarding and disembarking the bus; “business trust” and “trustee-manager” have the meanings given by section 2 of the Business Trusts Act 2004; [Act 20 of 2024 wef 01/04/2025] “chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who — (a) is in the direct employment of, or acting for or by arrangement with, the licensee; or (b) is principally responsible for the management and conduct of the business of the licensee in operating a bus service, bus depot or bus interchange, as the case may be, and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; “Class 1 bus service licence” means a bus service licence authorising the operation of 10 or more regular route services specified in the licence; “Class 2 bus service licence” means a bus service licence authorising the operation of a single bus service specified in the licence; “code of practice” means a code of practice issued or approved by the LTA under section 37, and includes any such code of practice as amended from time to time under that section; “community bus service” means a bus service — (a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or charitable organisation; and (b) provided for a fare, or for consideration which is limited to the costs or part of the costs incurred in making the journey; “company” has the meaning given by section 4(1) of the Companies Act 1967; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; [Act 20 of 2024 wef 01/04/2025] “courtesy bus service” means a bus service which is — (a) provided for the purpose of promoting the sale or supply of any product or service sold or supplied by a business organisation in the course of business in Singapore; and (b) provided for a fare, or for consideration which is limited to the costs or part of the costs incurred in making the journey; “designated entity” means a designated equity interest holder or a designated operating entity; [Act 20 of 2024 wef 01/04/2025] “designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 28E; [Act 20 of 2024 wef 01/04/2025] “designated operating entity” means an entity that has been designated as a designated operating entity under section 28E; [Act 20 of 2024 wef 01/04/2025] “director” has the meaning given by section 4(1) of the Companies Act 1967; “effective designation date”, in relation to a designated entity, means the date specified under section 28E(3) as the date on which the designation of that entity as a designated operating entity or designated equity interest holder (as the case may be) takes effect; [Act 20 of 2024 wef 01/04/2025] “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a business trust; [Act 20 of 2024 wef 01/04/2025] “essential transport service” means — (a) the service of operating any bus depot or bus interchange; (b) any bus service specified or described in the Schedule; or (c) any service specified or described in the Schedule which is necessary — (i) for the continuity of; or (ii) for supporting, the provision of any bus service mentioned in paragraph (b) or the operation of any bus depot or bus interchange; [Act 20 of 2024 wef 01/04/2025] “fare” means the price payable by an individual passenger for any bus service, and includes the provision of, or arrangement for, a discount, concession, allowance, rebate or credit applying in relation to the price payable for use of that service; “interim services contract” has the meaning given by section 32; “licence” means a bus service licence, a bus depot licence or a bus interchange licence; “licensed” means licensed (or deemed licensed) under this Act for the time being, but does not include any period when a licence is suspended; “licensee” means a licensed bus operator, a licensed bus depot operator or a licensed bus interchange operator; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “LTA” means the Land Transport Authority of Singapore constituted under the Land Transport Authority of Singapore Act 1995; “modification” and “modify”, in relation to the conditions of a licence, include deleting or varying and substituting a condition, and adding a condition; “operate” means — (a) for a bus service — to control or direct the operations of the bus service in connection with a business for, or involving, the transport of passengers by road by that bus service, but does not include — (i) merely arranging for the registration of a bus; (ii) merely driving a bus; or (iii) merely maintaining or arranging for the maintenance of a bus; and (b) for a bus depot or bus interchange — to control or direct the operations of the bus depot or bus interchange in connection with a business, but does not include the following: (i) merely driving a bus; (ii) merely repairing a bus; (iii) merely refuelling a bus, or supplying fuel for buses, parked at a bus depot or bus interchange; “partner”, in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “penalty provision”, for a public bus services contract, means a provision in the public bus services contract that provides for the payment of an amount of penalty — (a) for a breach of the public bus services contract; (b) for a failure (not being a breach of contract) to meet a requirement specified in the contract; or (c) on the termination of the contract; “performance standards”, for bus services, includes — (a) minimum service levels determined according to such things as the periods of time during which the services are to be operated, the extent of services and the frequency of operation of services during specified periods; and (b) performance outcomes for frequency, regularity, punctuality and accessibility of bus services, and of customer information and service, and where there are different performance standards determined by the LTA under this Act for different classes of bus services or different classes of bus operators of bus services, means the performance standards determined for that class of bus services or bus operators, as the case may be; “premises” means a building or structure (whether permanent or temporary) or part of the building or structure, and includes any immediately adjoining space or land necessary for access to, or for the enjoyment of occupants of, the building or structure; “public bus operator” means a bus operator who is party to a public bus services contract for the provision of bus services specified in the contract; “public bus services contract” means a contract entered into by the LTA under Part 2 for the provision of bus services specified in the contract; “public bus system” means all the components which make up the system for the movement of individuals on bus services including — (a) the physical components such as — (i) facilities for accessing, disembarking and the interchange of passengers, including bus stopping infrastructure and bus interchanges; (ii) bus depots and other facilities for the maintenance, refuelling and parking of buses; (iii) buses; and (iv) control, communications and location systems and technology, information, and other systems and equipment for the provision of bus services; and (b) the management components such as — (i) plans for building the network and acquiring vehicles; (ii) operations planning including business plans, corporate plans, operations plans and contingency plans; (iii) operational matters required to operate the system including schedules, timetables and ticketing systems; (iv) legislative and regulatory systems such as registration, licensing and accreditation; (v) the labour components including all the persons involved in planning, policy development, operations, and regulating and managing the physical and management components of the system; and (vi) administration, maintenance and information management matters; “Public Transport Council” or “PTC” means the Public Transport Council established under the Public Transport Council Act 1987; “regular route service” means a bus service that is conducted according to predetermined routes and timetables with 2 or more bus stopping points within Singapore, but does not include — (a) a tourist bus service; (b) a community bus service; (c) a courtesy bus service; or (d) a bus service excluded from this definition by the Minister by order in the Gazette; “regulatory action” means any action in section 39(1) or (2) that may be taken by the LTA against a licensee; “step-in order” means an order made under section 30; “tourist bus service” means a bus service where — (a) tourism is a major and regular feature or focus of the service; (b) the passenger profile including, in particular, whether users of the service, are mainly sightseers or pursuing mainly tourism activities; (c) all passengers’ journeys stop at or divert to points of cultural, historic, scenic, scientific or sporting interest in Singapore; and (d) the passengers are taken on to or back to hotels or other tourist accommodation or a tourism travel connection. [Act 20 of 2024 wef 01/04/2025] Purposes of Act 3. The purposes of this Act are — (a) to regulate the provision in Singapore of bus services and the operators of bus depots and bus interchanges; (aa) to control entities providing essential transport services and their equity interest holders; [Act 20 of 2024 wef 01/04/2025] (b) to implement a bus services procurement framework; and (c) to provide for the service standards that apply in the provision of bus services and the operation of bus depots and bus interchanges, so as to facilitate the delivery of safe, reliable and efficient bus services in Singapore. Act binds Government 4.—(1) This Act binds the Government. (2) However, nothing in this Act renders the Government liable to prosecution for an offence under this Act. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government. Administration of Act 5.—(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of bus services and the operation of bus depots and bus interchanges, and the control of entities providing essential transport services and their equity interest holders, and to otherwise administer this Act. [Act 20 of 2024 wef 01/04/2025] (2) In discharging the functions and duties imposed on it by subsection (1), the LTA must have regard to the need — (a) for reliable, seamless and convenient passenger travel on buses and other forms of land transport in Singapore; (b) for ensuring that any person licensed or otherwise authorised under this Act to operate any bus service, bus depot or bus interchange is able to do so efficiently while maintaining independent financial viability; and (c) for sustainability, adequacy and optimisation of capacity across the network of bus services and services for train journeys within Singapore.