Written Reply to Parliamentary Question
Mr Cai Yinzhou asked the Acting Minister for Transport (a) whether the Ministry will prosecute users of non-compliant or illegally modified assisted mobility devices (AMDs) that cause electrical fires leading to death, injury, or property damage, under existing criminal law; and (b) consider introducing measures/legislation to hold such errant AMD users personally liable through civil proceedings for the full extent of financial compensation to affected residents and insurers.
Reply by Acting Minister for Transport Jeffrey Siow:
1. It is an offence to import, sell and use non-compliant Power-Assisted Bicycles (PABs) and motorised Personal Mobility Devices (PMDs). It is also an offence to keep a non-compliant PAB. The Land Transport Authority (LTA) conducts operations regularly to enforce against these offences. Non-compliant devices are immediately seized and enforcement action is taken.
2. Under the Penal Code, it is a criminal offence for someone to cause a fire, such as through a rash or negligent act. However, as with any investigation, whether using a non-compliant or illegally modified active mobility device meets the threshold for criminal liability will depend on the facts of each case.
3. In addition, under the common law, any person who suffers personal injury or property damage caused by another's negligent conduct, including negligent acts that cause fires, may seek damages through civil proceedings. The courts will assess the claim and determine the extent of the financial compensation to be awarded to the affected party.
4. Current laws can already hold such errant active mobility device users personally liable. We will continue to enforce against such devices using existing rules and engage users on electrical safety and safe device use.