Presumptions in public-service-vehicle offence cases
Road Traffic Act section 130 sets out rebuttable evidentiary presumptions for proceedings under Part 5, including hire or reward, vehicle and licence status, and ownership.
Primary source: https://sso.agc.gov.sg/Act/RTA1961?ProvIds=pr130-
When the presumptions apply
In proceedings for an offence under Part 5 of the Road Traffic Act, section 130 says the listed facts are presumed until the contrary is proved, insofar as they may be needed to establish the offence charged. The section is limited to Part 5 proceedings; it does not state these presumptions for every Road Traffic Act case (Singapore Statutes Online, Road Traffic Act 1961, s. 130).
Facts that may be presumed
Where relevant to the charge, section 130 permits the following presumptions:
- A conveyance of people or goods in a motor vehicle was for hire or reward.
- Passengers in a motor vehicle were carried in consideration of separate payments made by them.
- A vehicle is not one in relation to which a Part 5 licence has been granted.
- A person is not the holder of a Part 5 licence in respect of a motor vehicle.
- A person is the owner of a motor vehicle.
- A person is the holder of a licence granted under Part 5.
Each is a rebuttable presumption: the provision says it applies until the contrary is proved. It does not make any of these facts irrebuttable or say that they apply where they are not needed to establish the offence charged (Singapore Statutes Online, Road Traffic Act 1961, s. 130(a)–(f)).