Search for:
Environment

Singapore: Passing of Electric Vehicles Charging Act 2022

By , and 4 Mins Read

In brief

The Electric Vehicles Charging Act 2022 (“Act“) that seeks to regulate the provision of safe and reliable charging of Electric Vehicles (“EV“) and the expansion of the EV charging infrastructure in Singapore was passed by Parliament in January 2023. The Act is expected to take effect in the second half of 2023.

Notably, the Act sets out a licensing regime for EV charging operators and also prescribes certification requirements that all EV chargers would have to meet before the chargers can be installed and used in Singapore.

In depth

The Act aims to ensure the safety, reliability and accessibility of EV chargers and the EV charging infrastructure. Two types of EV chargers are covered: (a) fixed chargers (including battery chargers and swap stations and pantograph chargers) and (b) non-fixed chargers. Chargers that are exclusively designed for charging non-EVs such as personal mobility devices, power-assisted bicycles, electric vessels, or electric aircrafts are not covered under the Act.

Upon commencement of the Act:

  • existing suppliers of EV chargers can continue to supply non-approved EV chargers for six months; and
  • existing EV charging operators can carry on operations without a licence for 12 months.

An elaboration of the key aspects of the Act is set out below on a non-exhaustive, high-level basis: 

  • Supply of EV chargers. All chargers supplied in Singapore must belong to a homologated model that meets the national charging standard – Technical Reference 25 (“TR25“). Failure to adhere to TR25 is an offence and imprisonment and financial penalties may be imposed. 
  • Advertisements of EV chargers. Non-approved EV charger models are prohibited from being advertised. The Land Transport Authority (“LTA“) has the discretion to direct the advertiser to stop the further publication of the advertisement, disable access to the offending advertisement, or publish a corrective advertisement. 
  • Registration of EV chargers and ongoing compliance requirements. Any person who has control of an EV charger must apply to the LTA to register the EV charger before usage in Singapore. The registered responsible persons must thereafter ensure that the EV chargers are periodically inspected and certified as prescribed. There are also retention requirements for the certificates of fitness of the EV chargers. 
  • Licensing regime for EV charging operators. EV charging operators (businesses that provide EV charging services, such as hiring out a fixed EV charger, providing battery swapping services or renting out a non-fixed EV charger) will be required to obtain a licence in order to provide the service. In deciding whether an applicant should be granted a licence, the LTA will consider, amongst other factors, (a) whether the applicant is operating or is intending to operate more than one charging station in Singapore, and (b) the design and safety of the EV chargers/other equipment to be used by the applicant in undertaking the regulated activity in Singapore. The licence has a three year validity. Key licensing conditions include the purchase of public liability insurance, correcting EV charging service downtime issues within a specified duration and requiring the licensee to operate with interoperable open communication standards.
  • Mandatory provision of EV charging points. The Act mandates the provision of EV charging infrastructure by developers of specified building works and development owners that carry out certain types of electrical works. Developments with very small carparks (fewer than eight car and motorcycle lots) are exempt from this mandate.
  • Lower resolution thresholds for EV charger installations in Strata Units. Amendments to the Building Maintenance and Strata Management Act 2004 will lower the thresholds for management corporations (“MCST”) to pass resolutions with a simple majority of votes for any proposal to install or uninstall EV chargers in strata-titled developments, provided that the lease contract between the MCST and EV charging operator does not exceed 10 years and the proposal does not draw down on MCST funds.

We would be happy to provide you with advice tailored to your specific needs on how to prepare for the commencement of this Act. For further information to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

Categories:
Author

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.

Author

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."

Author

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.

Related Posts

Write A Comment