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Singapore: Amendment to Electric Vehicles Charging Act to include mandatory or proscribed terms of insurance

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In brief

On 8 June 2024, the Electric Vehicles Charging (Licensing) (Amendment) Regulations 2024 (“Amendments“) came into operation. The Amendments introduce a new Regulation 4A into the Electric Vehicles Charging (Licensing) Regulations 2023 (“Regulations”), which prescribes the types of insurance Electric Vehicle Charging Operators (EVCOs) must have and maintain before EVCOs can be granted a licence to provide EV charging services in Singapore or operate an EV charging station under Sections 45(2)(f) and 45(3) of the Electric Vehicles Charging Act 2022 (“Act“).

Additionally, the Amendments also make administrative changes to the Regulations on how to submit required data to the Land Transport Authority (“LTA“).

Key takeaways

EVCOs must be insured for a minimum of SGD 2 million per claim under one or more approved policies by an insurer authorized under the Insurance Act 1966. Such approved policies must not contain any limit on the number of claims that may be made in each calendar year.

Licensees must give the LTA or its agent its monthly static records / data by the fifth working day of the following month (previously by the third day). Licensees will now also have to submit such information through the “Static Data Submission Template” on LTA’s OneMotoring website using the template provided. 

In more detail

Insurance requirements from the Act

Section 45(2)(f) of the Act provides that the insurance must be maintained throughout the validity of the licence. This insurance must insure against third-party liabilities for death, personal injury or damage to property that a customer or other person may sustain or incur in the course of using the charging stations / services. Licensees who have obtained such insurance must promptly upload their insurance cover via the OneMotoring website once a licence is obtained.

Other requirements to apply for a licence

New and existing EVCOs have until 7 December 2024 to apply for a licence. After the deadline passes, it will be an offence to continue providing charging services or operate an EV charging station without a licence. Upon conviction, an individual may face a fine of up to SGD 10,000 and/or imprisonment of up to six months, and non-individuals may face a fine of up to SGD 30,000.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

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Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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Ken Chia is a member of the Firm’s IP Tech, International Commercial & Trade and Competition Practice Groups. He is regularly ranked as a leading TMT and competition lawyer by top legal directories, including Chambers Asia Pacific and Legal 500 Asia Pacific. Ken is an IAPP Certified International Privacy Professional (FIP, CIPP(A), CIPT, CIPM) and a fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

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