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.
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