SINGAPORE: A carnival event planning company was fined S$55,000 (US$42,100) by a court on Thursday (Nov 6) for installing amusement rides without the required installation permits.
A director at The Carnival Fair pleaded guilty to two counts under the Amusement Rides Safety Act, with a third charge taken into consideration.
The rides were a "wave surfing simulator" installed and operated at an event called "Sand-Tas-Tic Seaside" at Sembawang Shopping Centre and an "electric go-karts" ride at the Families for Life Picnic at Gardens by the Bay.
The court heard that the Building and Construction Authority (BCA) was informed on May 28, 2022, that the wave simulator had been installed and operated without any installation permit issued by the Commissioner of Amusement Rides Safety.
Investigations revealed that the ride was owned by The Carnival Fair, which had installed it a day earlier without authorisation by a valid installation permit.
Before the event, none of The Carnival Fair's workers attended any training, courses or briefings in relation to the safe operation of amusement rides.
None of them made any form of checks on the need for permits to install and operate the wave simulator, the court heard.
The company was issued a 12-month conditional warning for this contravention.
Despite this, BCA was informed on Mar 11, 2023, that the company had installed and operated amusement rides at the Families for Life Picnic event at Gardens by the Bay without valid installation and operating permits.
The event was a full-day event organised by the Ministry of Social and Family Development.
BCA officers visited the site that same day and found that the company had installed and operated a ride known as "electric go karts".
Before the event, none of the company's workers attended any training, courses or briefings for the safe installation or operation of amusement rides. They also did not conduct any checks on the need for permits to install and operate the rides.
In addition, the Carnival Fair did not engage any external assessors to supervise and review the safety standards of the go-kart ride. All its safety checks were performed in-house.
The prosecution had sought a fine of S$58,500 to S$67,500 for the company, noting that the second offence was more aggravated as the company had already been issued a conditional warning for the first offence.
There was also a significant element of potential harm, particularly given that the regulatory framework exists precisely to prevent safety incidents through mandatory professional oversight and certification, said the prosecutor.
Both rides were operated at widely attended public events which catered to children and families.
As the company did not engage any external assessors to supervise and review the safety standards of the rides, the safety of the many patrons hung upon "the thin thread" of the company's own in-house safety checks, said the prosecutor.
Principal District Judge Victor Yeo said that offences which affect public safety cannot and will not be tolerated.
He noted the escalation in non-compliance by the company, and said he did not give much weight to the defence's submission that the second contravention was based on the mistaken belief that the go-kart ride was an exempted one.
"One would have thought that with a conditional warning issued for the first offence, the accused would be careful not to repeat the conduct involving a different ride type, and it should have been clear to the accused to at least make enquiries with BCA before installing the ride," said the judge.
"In my view, this demonstrates either a wilful disregard on the part of the accused, or worse - a systemic compliance failure."
However, he accepted the genuine remorse and allowed the company to pay the fine in instalments.
The penalties for installing an amusement ride without authorisation by a valid installation permit are a maximum fine of S$200,000, a jail term of up to two years, or both.
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A director at The Carnival Fair pleaded guilty to two counts under the Amusement Rides Safety Act, with a third charge taken into consideration.
The rides were a "wave surfing simulator" installed and operated at an event called "Sand-Tas-Tic Seaside" at Sembawang Shopping Centre and an "electric go-karts" ride at the Families for Life Picnic at Gardens by the Bay.
The court heard that the Building and Construction Authority (BCA) was informed on May 28, 2022, that the wave simulator had been installed and operated without any installation permit issued by the Commissioner of Amusement Rides Safety.
Investigations revealed that the ride was owned by The Carnival Fair, which had installed it a day earlier without authorisation by a valid installation permit.
Before the event, none of The Carnival Fair's workers attended any training, courses or briefings in relation to the safe operation of amusement rides.
None of them made any form of checks on the need for permits to install and operate the wave simulator, the court heard.
The company was issued a 12-month conditional warning for this contravention.
REOFFENDED AT PICNIC EVENT
Despite this, BCA was informed on Mar 11, 2023, that the company had installed and operated amusement rides at the Families for Life Picnic event at Gardens by the Bay without valid installation and operating permits.
The event was a full-day event organised by the Ministry of Social and Family Development.
BCA officers visited the site that same day and found that the company had installed and operated a ride known as "electric go karts".
Before the event, none of the company's workers attended any training, courses or briefings for the safe installation or operation of amusement rides. They also did not conduct any checks on the need for permits to install and operate the rides.
In addition, the Carnival Fair did not engage any external assessors to supervise and review the safety standards of the go-kart ride. All its safety checks were performed in-house.
The prosecution had sought a fine of S$58,500 to S$67,500 for the company, noting that the second offence was more aggravated as the company had already been issued a conditional warning for the first offence.
There was also a significant element of potential harm, particularly given that the regulatory framework exists precisely to prevent safety incidents through mandatory professional oversight and certification, said the prosecutor.
Both rides were operated at widely attended public events which catered to children and families.
As the company did not engage any external assessors to supervise and review the safety standards of the rides, the safety of the many patrons hung upon "the thin thread" of the company's own in-house safety checks, said the prosecutor.
Principal District Judge Victor Yeo said that offences which affect public safety cannot and will not be tolerated.
He noted the escalation in non-compliance by the company, and said he did not give much weight to the defence's submission that the second contravention was based on the mistaken belief that the go-kart ride was an exempted one.
"One would have thought that with a conditional warning issued for the first offence, the accused would be careful not to repeat the conduct involving a different ride type, and it should have been clear to the accused to at least make enquiries with BCA before installing the ride," said the judge.
"In my view, this demonstrates either a wilful disregard on the part of the accused, or worse - a systemic compliance failure."
However, he accepted the genuine remorse and allowed the company to pay the fine in instalments.
The penalties for installing an amusement ride without authorisation by a valid installation permit are a maximum fine of S$200,000, a jail term of up to two years, or both.
Continue reading...