Administrative Regulations on the Establishment and Operation of the Dedicated Taxi Radio Station

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=K0040030

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Chapter 1 General Principles

Article 1

These regulations are enacted in accordance with Paragraph 3, Article 46 and Paragraph 3, Article 47 of the Telecommunications Act. The matters not provided herein shall be prescribed in accordance with other laws and regulations.

Article 2

“Dedicated taxi radio station” (hereinafter referred to as "Station") refers to the establishment of transmitting and receiving radio equipment, antenna, and main control room for the purpose of dispatching and communicating among taxis, includ-ing the following:
1. Dedicated taxi radio base station (hereinafter referred to as "Base Station").
2. Dedicated taxi radio car station (hereinafter referred to as "Car Station").

Chapter 2 Application, Permit and License

Article 3

Applicants applying to establish the Station shall possess one of the following qualifications:
1. Taxi business.
2. Taxi service business.
3. The cooperative association for taxi transports.
4. Commercial association for taxi transports, commercial association for taxi ser-vices or taxi drivers' union.
5. Traffic volunteers or traffic service units established by police agencies.
6. Other legal entities or organizations satisfying the standard of establishment and approved by the competent authority of highways.

Article 4

The National Communications Commission (hereinafter referred to as “NCC”) may assign frequencies for the Station establishment and allow the regulatory agen-cy of highways to stipulate the period of time, announce, and accept such appli-cations. The regulatory agency of highways shall review the applications in accord-ance with the reference list of Attachment 1 and grant approval to applications that have met the stipulated requirements.

Attachment 1 Dedicated Taxi Radio Station Evaluation Reference List.pdf

Article 5

The regulatory agency of highways may invite the MOTC, the competent authority of highways, the local police agency, the NCC relevant department of regional affairs and impartial members of the community to organize a review committee to evaluate the preceding Article.

Article 6

The applicant for establishment of a Station shall prepare the following docu-ments for review by the local regulatory agency of highways. Once approved by the local regulatory agency of highways, the applicant shall pay the fees to the NCC rele-vant department of regional affairs within one month after receiving the notice and obtain the establishment permit. If the applicant fails to pay the fees within the re-quired period, the applicant shall state the reasons by documents and apply to the local regulatory agency of highways for a non-extendable extension period of one month; otherwise, the application will be revoked by the local regulatory agency of highways.
1. Application form for the Station establishment permit (Attachment 2).
2. Business operation planning (Attachment 3).
3. For establishment of a Base Station in each service area of taxis, at least two hun-dred consents for establishment of a Car Station from taxi owners or drivers' affida-vits shall be required. If the number of taxis is less than two hundred in a provincial area, only one hundred and fifty shall be required. If applicants are disabled or legal entities approved by the competent authority, the number of such consents and af-fidavits shall be stipulated by the local competent authority of highways.
The documentation under subparagraph 1 of the preceding paragraph shall be reviewed by the NCC relevant department of regional affairs. The documentation under subparagraph 2 and subparagraph 3 of the preceding paragraph shall be re-viewed by the local regulatory agency of highways.
For taxis applying for establishment of the Car Station in the same service area, those taxis regulated by the local regulatory agency of highways shall be processed in priority, and taxis located in the same service area but regulated by other regula-tory agency of highways shall be processed after; and the car already equipped with a Station or making repeated applications shall be removed from the applicant's list.
Applications with registered name of cooperative association for taxi transports shall be limited to the same cooperative association.

Attachment 2 Application Form of Establishment Permit and Station License of Dedicated Taxi Radio Station.pdf

Attachment 3 Business Operation Planning.pdf

Article 7

The establishment permit shall be valid for one year.
If the applicant fails to complete establishment prior to the expiration date of es-tablishment, the applicant shall state the reasons by documents and apply for ex-tending the establishment period for another one year. Such application shall be made one month prior to the expiration date of establishment permit and be limited to once only.
The applicant, completing the Base Station establishment and having prepared sufficient number of radio transmitting and receiving Car Station transceivers (here-inafter referred to as "Car Station"), shall apply to the NCC relevant department of regional affairs for inspection and pay the license fees.
Carrying out inspection, the telecommunications regulatory station shall notify the regulatory agency of highways to ask the local police agency to conduct the in-spection together. The applicant shall show the establishment permit and invoice. If the equipment is imported, the applicant shall provide the import permit. With the passing of inspection, the Station shall be put into operation after given the Car Sta-tion code and the license issued by the telecommunications regulatory station.
After passing the inspection, the Car Station shall be installed in the taxi it pertains to. The person in charge of the Station shall fill out the Car Station code and vehicle plate number list (as Attachment 3(1)) in two copies. The one copy shall be submitted to the regulatory agency of highways for reference; the other shall be car-ried on the taxi by the driver to be inspected on site.
If the Base Station and Car Station inspections in Paragraph 3 fail to pass the in-spection, the applicant shall undertake corrective action and apply for re-inspection within one month after receiving the notice from the inspection authority. If the ap-plicant fails to complete improvement within the period approved or the re-inspection fails, the permit may be terminated.
If the Station equipment is altered or the location of the Base Station is changed within the valid period of the establishment permit in Paragraph 1, the applicant shall apply to the local regulatory agency of highways. The local regulatory agency of highways submits the application to the NCC relevant department of regional affairs for inspection. After passing the review, the original permit shall be amended; otherwise, the application will be revoked.

Attachment 3(1) Car Station Code and Vehicle Plate Number List.pdf

Article 8

The person in charge of the Station shall give the Car Station license to the taxi driver, holding the valid operating vehicles (taxi) license, to carry it on the taxi for on- site inspection. If taxi drivers are found failing to carry the Car Station license, a re-inspection with the license shall be undertaken within seven days upon notice to the person in charge of the Station and taxi drivers by the NCC relevant department of regional affairs. Penalties shall be imposed pursuant to the Telecommunications Act without the re-inspection within the period.
If the vehicle plate number of the taxi equipped with the Car Station is altered, the person in charge of the Station shall review the qualification of the users of the Car Station, and fill out the Car Station code and vehicle plate number list in two copies. The one copy shall be submitted to the regulatory agency of highways for reference with three days after the vehicle plate number has changed; the other shall be carried on taxi by the driver on site immediately; officials of the regulatory agency of highways and telecommunications regulatory station shall not be required to inspect the Car Station again.

Article 9

The license shall be valid for five years.
If the Station continues to operate after its license expires, the person in charge of the Station shall apply to the local regulatory agency of highways that shall submit the application to the NCC relevant department of regional affairs for renewal of the license within one month prior to the expiration date of the license.
After obtaining the Base Station license and the Car Station license, the applicant shall maintain the number of Car Station to meet the requirements prior to the expi-ration date of the license. If the number of Car Station fails to meet the require-ments, the local regulatory agency of highways will evaluate the demand situation of the local taxi radio frequencies and ask the Station to make improvement within three months. If the applicant fails to improve within the prescribed period, the regulatory agency of highways shall request the NCC relevant department of regional affairs to terminate the Station license.
If the license is not renewed prior to the expiration date of the license or the ap-plication for renewal of the license is revoked, the Station shall not be put into oper-ation.
The Base Station equipment shall pass the inspection prior to the renewal of the license. If the Car Station equipment is not altered, no inspection is required prior to the renewal of the license.
If the license is lost, damaged, or its content changed, the licensee shall apply for replacement, renewal or correction of the license. The valid period of the license shall be the same as the original one.

Article 10

The establishment permit and Station license shall not be transferred to others without approval of the local regulatory agency of highways.
The operating location (the transmission room) of the Base Station shall be locat-ed in the same area regulated by the local regulatory agency of highways which the taxi transports business, services organizations or legal entities, the person in charge of the station pertains to, apply for registering.
If the Station equipment or the location of the Station is altered, the licensee shall apply to the local regulatory agency of highways. The local regulatory agency of highways shall submit the application to the NCC relevant department of regional affairs for issuance of the establishment permit. The Station license shall be renewed after the establishment completed and passing the inspection. The establishment and inspection procedures shall comply with Article 7.
If the original license is still valid after completion of inspection, the original li-cense shall be corrected with the valid period being the same as the original one.
If the ownership of Station is transferred, or the organization, the name, the ad-dress or the person in charge of the Station has changed, the licensee shall apply to the local regulatory agency of highways for approval. The local regulatory agency of highways shall submit the application to the telecommunications regulatory station for renewal of the license.

Article 11

If the Station is suspended for some reasons or put into use after suspension, the person in charge of the Station shall apply to the local regulatory agency of highways that conducts the inspection with the NCC relevant department of regional affairs and police agency. After passing the inspection, the application shall be submitted to the Directorate General of Telecommunications for reference.
If the Station is suspended or its operation is terminated, the applicant shall re-turn the license and apply to the regulatory agency of highways to ask the NCC rele-vant department of regional affairs to dispatch officials to terminate the license and seal or destroy the equipment or undertake measures in accordance with other regulations. The regulatory agency of highways may ask the police agency to assist if necessary. The suspension period shall not exceed one year. If the Station fails to be put into use after suspension in the approved period, the local regulatory agency of highways shall submit to the NCC relevant department of regional affairs for annul-ling the Station license.

Article 12

Only one Car Station may be installed on a taxi. If more than one Car Station is found on one taxi by the regulatory agency of highways or relevant authorities, the NCC shall be immediately notified and such Car Station licenses shall be annulled.

Chapter 3 Equipment and Communication Regulations

Article 13

The Station equipment shall comply with the standards in Attachment 4, and its transceiver shall comply with the standards in Attachment 5.
The inspection procedures of Station equipment under the preceding paragraph shall comply with the regulations in Attachment 6.

Attachment 4 Standards for Station Equipment.pdf

Attachment 5 Specifications for Transceiver of Taxi Radio Station.pdf

Attachment 6 Inspection Procedures for Taxi Radio Station.pdf

Article 14

The Base Station shall be connected to a 24 hours automatic recording system to record conversations. Such records shall be kept for one week. The regulatory agen-cy of highways shall regularly conduct the periodic inspection with the NCC relevant department of regional affairs and police agency every year to make sure no Station communication beyond the establishment purposes. The Station may be inspected at an irregular time if deemed necessary.

Article 15

The Station shall not interfere and affect the established communication equip-ment.

Article 16

The language used for the communication by Stations shall be the language known by the public. No misleading or unrecognizable signals shall be transmitted and no communication beyond the establishment purposes shall be transmitted.

Chapter 4 Supervision

Article 17

The person in charge of the Station shall strictly regulate the Base Station opera-tor and the Car Station user to make sure communication security. The Car Station shall not be used to gather the public to possibly threaten the public order.
The Car Station user shall not add other communication equipment. If a Car Sta-tion is found equipped with other communication equipment, the person in charge of the Station shall be responsible to remove such communication equipment.

Chapter 5 Supplementary Provisions

Article 18

Violation of Paragraph 1 of the preceding Article shall result in the local police agency notifying the local regulatory agency of highways and the NCC relevant de-partment of regional affairs, which shall form a task force to examine the case; if the investigation concludes that a violation has occurred, the NCC relevant depart-ment of regional affairs shall, after a written record has been made by the regulatory agency of highway, require transmissions to be discontinued. Once penalties have been imposed pursuant to the Telecommunications Act, the regulato-ry agency of highways shall consult with NCC and police agency to decide whether transmission shall be restored.

Article 19

Penalties shall be imposed for violation of these Regulations pursuant to the Tele-communications Act and other relevant regulations.

Article 20

The Station applying for entering into security alliance shall be given the district name and the Station code upon approval by the local county (or city) police agency. The communication details shall be stipulated by the local county (or city) police agency.

Article 21

Applicants applying to establish the Station shall pay the radio frequency usage fee, inspection fee, and license fee.

Article 22

These Regulations shall come into effect as of the date of promulgation.