Electric Vehicles Charging Act 2022

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 4] Friday, January 27 [2023 The following Act was passed by Parliament on 30 November 2022 and assented to by the President on 27 December 2022:— Electric Vehicles Charging Act 2022 (No. 43 of 2022) I assent. HALIMAH YACOB, President. 27 December 2022. Date of Commencement: 8 December 2023 Sections 2, 3, 4(1)(a), (2), (3) and (4) (except the definitions of “outwork arrangement” and “outworker”) and 5, Parts 2 to 13 and the Schedule An Act to regulate devices intended for charging electric vehicles and operators of charging stations and providers of charging services for electric vehicles, to expand the network of accessible electric vehicle charging points, and to make consequential and related amendments to certain other Acts. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: PART 1 PRELIMINARY Short title and commencement 1. This Act is the Electric Vehicles Charging Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette. General interpretation 2. In this Act — “acquire”, in relation to any thing, means — (a) to buy (by wholesale or retail) the thing; (b) to accept or receive a supply of the thing; or (c) to accept or receive a transfer of ownership or possession (by gift, lending or supply) of the thing; “advertisement” means any information or material that gives publicity or any announcement or notice that is — (a) any writing; (b) any still or moving picture, sign, symbol or other visual image; (c) any audible message; or (d) any combination of 2 or more of those things in paragraphs (a), (b) and (c); “approved person”, in relation to a homologated model, means a person given approval by the LTA under section 7(3) for that homologated model; “arrangement” includes a contract, an agreement, an understanding or other arrangement of any kind, whether written or unwritten; “authorised officer”, for any provision of this Act, means an individual who is appointed under section 89 as an authorised officer for the purposes of that provision; “battery”, in relation to an electric vehicle, means a rechargeable energy storage system which can be recharged with electricity externally so as to derive power to propel an electric vehicle equipped with that rechargeable energy storage system; “battery charge and swap station” or “BCSS” has the meaning given by section 4(4); “business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with an EV charging service; “charge” means the transfer of electricity from a charging point or an EV charger to the battery of an electric vehicle; “charging point” means — (a) each electrical socket outlet that is part of a fixed EV charger from which electricity may be supplied during charging of a single electric vehicle; (b) each vehicle connector that is part of a fixed EV charger and is insertable into an electric vehicle inlet of a single electric vehicle so as to supply electricity during charging of that single electric vehicle; or (c) for a fixed EV charger which has both features in paragraphs (a) and (b), each combination of those features from which electricity may be supplied during charging of a single electric vehicle; “charging station” means a place in Singapore with an electrical installation — (a) to which a fixed EV charger is affixed; and (b) which provides one or more charging points, and includes a battery charge and swap station; “charging station operator” has the meaning given by section 4(1); “electric vehicle” or “EV” means a motor vehicle that is — (a) propelled wholly or partly by electricity, whether or not designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself; and (b) equipped with a battery; “electric vehicle charger” or “EV charger” means any device that is used to supply electricity to the battery of an electric vehicle for the purpose of charging the battery, including any wiring, fitting or apparatus (but not the isolator) connected to the device for that same purpose; “electric vehicle charging service” or “EV charging service” has the meaning given by section 4(2); “electrical installation” has the meaning given by section 2(1) of the Electricity Act 2001; “fixed EV charger” means an EV charger that is, or is designed to be capable of being, affixed to any electrical installation, and includes the following: (a) a high‑powered fixed EV charger; (b) a pantograph fixed EV charger; “general public” means the general public in Singapore and includes a section of the general public in Singapore; “homologated model”, for an EV charger, means a model of EV charger in respect of which the LTA grants a section 7(3) approval; “licence” means a licence granted under Part 6 to undertake a regulated activity specified in the licence; “licensee” means a person to whom a licence is granted; “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “LTA’s website” means the Internet website of the address prescribed; “motor vehicle” means a vehicle that — (a) is propelled wholly or partly by a motor or by any means other than human or animal power; and (b) is used or intended to be used on any road; “non‑fixed EV charger” means an EV charger that is not a fixed EV charger; “offence under this Act” includes an offence under any Regulations; “officer”, in relation to an applicant for a licence or a licensee, means — (a) where the applicant or licensee is a body corporate (including a limited liability partnership) — (i) an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; (b) where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or (c) where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices, and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant; “outsourced enforcement officer”, in relation to any provision of this Act or the Regulations, means an individual who — (a) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995; (b) is authorised by or under that Act to exercise any powers under any provision of this Act or the Regulations, as the case may be; and (c) is acting within that authorisation; “place” means any of the following in Singapore: (a) a building or structure (whether permanent or temporary); (b) an open space or open area (whether indoor or outdoor); (c) a motor vehicle, and includes any part of a place, such as a room; “public authority” means a body that is established or constituted by or under a public Act to perform or discharge a public function, but does not include any Town Council; “publish” means to make available to the general public, in whatever form and by whatever means; “register of registered‑for‑charging EV chargers” is the register of that name required to be kept and maintained under section 22; “registered‑for‑charging EV charger” means an EV charger that is registered under section 19; “registered responsible person”, in relation to a registered‑for‑charging EV charger, means a person issued with the registration mark of that EV charger under section 20 or the last person to whom the registration is transferred under section 27; “regulated activity” means either or both of the following: (a) providing electric vehicle charging services in Singapore; (b) engaging in conduct as a charging station operator; “Regulations” means regulations made under section 94; “repeat offender”, in relation to any offence under this Act, means a person who — (a) is convicted, or found guilty, of such an offence (called the current offence); and (b) has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence; “section 7(3) approval” means an approval given under section 7(3) in respect of a model of EV charger; “specially authorised EV charger” means an EV charger that is the subject of rules made under Part 4; “unregistered EV charger” means an EV charger that is not a registered‑for‑charging EV charger; “vehicle” means any vehicle designed or adapted for use on a road but excludes any of the following within the meanings given by the Active Mobility Act 2017: (a) a bicycle; (b) a mobility vehicle; [Act 5 of 2026 wef 04/05/2026] (c) a personal mobility device; (d) a non‑motorised wheelchair; [Act 5 of 2026 wef 04/05/2026] (e) a wheeled toy. Meaning of “supply” 3.—(1) In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any thing: (a) selling or agreeing to sell the thing; (b) bartering or exchanging the thing; (c) giving away the thing, whether or not as a prize or reward, or as a free sample or for the purpose of advertising, or in furtherance of, any trade or business; (d) selling, bartering, exchanging, hiring out or leasing out any product or object of which the thing forms a part; (e) doing any of the above as an agent or a broker, or by an agent or a broker. (2) For the purposes of this Act, a person takes part in the supply of any thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply. (3) Despite subsection (2), a person is not treated as taking part in the supply of any thing by reason only that the person provided financing for any step taken in the process of the supply of that thing. (4) In this section, “sale” includes — (a) sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and (b) resale. Meanings of “charging station operator”, “electric vehicle charging service” and associated terms 4.—(1) A reference in this Act to a charging station operator is a reference to a person who — (a) operates in the course of any business, one or more charging stations for use primarily by the general public to charge any electric vehicle for its propulsion; (b) operates in the course of any business, one or more charging stations for the exclusive use of all or any of the following persons for any of the following purposes: (i) an employee of the person for the performance of employment duties — (A) to charge an electric vehicle under that employee’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that employee’s charge and control for a recharged battery; (ii) an outworker for the performance of duties under an outwork arrangement with the person — (A) to charge an electric vehicle under that outworker’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that outworker’s charge and control for a recharged battery; (iii) an individual engaged in any particular occupation under an arrangement with the person in order to carry on his or her occupation — (A) to charge an electric vehicle under that individual’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that individual’s charge and control for a recharged battery; or (c) has charge and control of any charging point in any place in Singapore (whether or not in the course of any business) to charge any electric vehicle for its propulsion unless excluded by the Minister by order in the Gazette. (2) A reference in this Act to an “electric vehicle charging service” or “EV charging service” is a reference to a service — (a) that is provided using any charging point (except at a BCSS) under which any person may, on‑demand or otherwise, and for consideration, hire that charging point to charge an electric vehicle for its propulsion; (b) that is provided using a BCSS under which any person can, on‑demand or otherwise, and for consideration, exchange a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle; (c) that is provided using a non‑fixed EV charger under which any person may enter into a lease arrangement to rent the non‑fixed EV charger to charge an electric vehicle for its propulsion; or (d) under which any person may, by any other arrangement and for consideration, charge an electric vehicle for its propulsion, regardless if the service is provided on a single occasion or on one or more occasions within a fixed period of time, but excludes any service of a kind that is prescribed by the Minister by order in the Gazette as not an EV charging service. (3) In addition, in this Act, an “electric vehicle charging service” or “EV charging service” extends to any service described in subsection (2) provided — (a) as a free gift, or with the supply of any other goods or services or the provision of any parking place or parking lot as a free gift; (b) as a prize or reward in any lottery, raffle, draw, game or competition held in Singapore; or (c) as a free demonstration of an EV charging service or otherwise for the purpose of advertising, or in furtherance of, an EV charging service or any other trade or business. (4) In this Act — “battery charge and swap station” or “BCSS” means a place in Singapore installed with a fixed EV charger that is designed or adapted to be capable of exchanging a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle; “outwork arrangement” means a contract, an agreement, an understanding or other arrangement of any kind (whether written or unwritten) with a contractor — (a) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and (b) that is not a contract of employment; “outworker” means an individual who performs work under an outwork arrangement; “providing an electric vehicle charging service” means providing an EV charging service in the course of business, whether or not the primary function of the business involves an EV charger. Purpose of Act 5. The purpose of this Act is to reduce the carbon emissions of road transport in Singapore through the use of electricity sources which serve as a whole or partial substitute for fossil fuels sources in road transport in Singapore, by — (a) promoting the safe use of EV chargers through regulation of the supply of EV chargers; (b) expanding the network of accessible charging points through infrastructure development measures; and (c) ensuring the safe undertaking of regulated activities, and the reliability of the network of charging points and provision of EV charging services.