Chapter 1 General Provisions
This Act is enacted to enhance the planning, construction, and maintenance of highways; to ensure highway systems to be operated properly; and to develop highway transportation businesses meet the purpose of promoting public welfare and traffic safety.
(1) "Highway": includes national highways, provincial highways, city highways, county highways, district highways, country roads, special highways and any highway-related facilities.
(2) "National highway": includes freeways or expressways which connect two or more municipalities (or provinces), major ports, airports, or major political, economic and cultural centers.
(3) "Provincial highway": includes major roadways which connect two or more counties or municipalities (or provinces), or major political, economic and cultural centers.
(4) "City highway": includes roads which connect municipalities (or counties) or major districts within municipalities.
(5) "County highway": includes roads which connect counties (cities) or county center with major townships.
(6) "District highway": includes roads which connect districts within or district centers with the villages or indigenous peoples' neighborhoods in the district.
(7) "Country roads": includes roads which connect neighbor townships or villages, and indigenous peoples' neighborhoods within the township.
(8) "Special highway": includes roads constructed by public or private institutions for their exclusive transport use.
(9) "Vehicle": includes cars, trolleybuses, slow-moving vehicles, and other motor vehicles on roadways.
(10) "Car": includes vehicles powered by a prime mover, not including the vehicles powered by electricity installed on rail.
(11) "Trolleybus": includes any electric bus that draws its electricity from overhead wires, or any electric power vehicle which runs on tracks along public urban streets.
(12) "slow-moving vehicles": includes pedal-powered bicycles, electric power-auxiliary bicycles, electric bicycles, human or animal-driven vehicles with three wheels or more.
(13) Highway Operation Enterprise: a business that constructs, maintains, or manages highways and parking lots, and charging the users for transportation or parking.
(14) "Automobile or Trolleybus Transportation Enterprise": an enterprise engaging in the business of transportation service by automobile or trolleybus.
(15) "Taxicab Transportation Service": a business of carrying passengers by taxi.
The competent authority of highway administration as referred to this Law shall mean the Ministry of Transportation and Communications (hereinafter, "MOTC") at central government, the Municipality government at municipals, and the county (city) government at counties.
Highway systems shall be designed in accordance with the national construction master plan’.
Setting procedures are as follows:
(1) National highways and provincial highways are drafted by the MOTC, and ratified and promulgated by the Executive Yuan.
(2) City highways and district highways are drafted by municipality governments, and ratified and proclaimed by the MOTC.
(3) County highways and country roads are drafted by county (city) governments, and ratified and proclaimed by the MOTC.
Urban roads incorporated into highway route systems are considered as highways; and their associated setting procedures are drafted by the MOTC and municipality or county governments, respectively, as the provisions in sections (2) and (3) above.
City and county highway systems are numbered by the MOTC before being ratified and promulgated under the provisions in the first two paragraphs.
The two aforementioned procedures also apply to the abolishment of highway system plans or existing highways.
The design of highway route systems mentioned in the first paragraph shall be drafted by highway authorities based on functions and design standards for the highways defined in Article 2. The criteria for classification of highways are determined by the MOTC.
Where provincial highways and National highways share routes, the shared sections shall be considered as part of the national highway system. Where city highways, county highways and provincial highways share routes, the shared sections shall be considered as part of the provincial highway route system.
Where district highways and city highways share routes, the shared sections shall be considered as part of the city highway system. Where and county highways share routes, the shared sections shall be considered as part of the county highway system. Where urban roads and highways, rather than special highways, share routes, the shared sections shall be considered as part of the highway system.
National highways and provincial highways are governed by the central highway authority. But for the provincial highways passing through municipalities or city districts, governance over the highway sections in the municipalities or city districts, except expressways as an unique systems, shall be determined after the negotiation between the central highway authority and municipality governments or city governments.
City and district highways are governed by municipality highway authorities; and county highways and country roads are governed by county (or city) highway authorities. But when municipality and county (or city) highway authorities consider it is necessary to delegate part of city or county highways to the central highway authority, they may consult the central highway authority to determine a limited period of highway governance.
The period of governance of the highways delegated under the preceding paragraph is up to three years after the county (or city) changes into a municipality.
If The two procedures, rights and obligations and management referred to the second paragraph shall be prescribed by the MOTC.
To facilitate communication, highway businesses may establish dedicated telecommunication systems for exclusive use under the rules of the Telecommunications Act.
All assets and transported goods of highway businesses are not subject to inspection, commandeering or seizure unless authorized by laws.
Land required by highways may be acquired by eminent domain or transition according to laws.
When planning, constructing, or broadening highways, the route width shall be surveyed by highway authorities, and assigned as highway land in collaboration with land administration authorities. Land located within urban project districts shall first undergo urban project modifications. Regarding change of utilization purpose for non-urban land, the application for rezoning and classification shall be made in accordance with the “Regional Planning Law” and “Regulations Governing the Utilization Control of Non-Urban Land”.
Highway land assigned under this article is subject to be surveyed, divided, registered, marked, promulgated as prohibited or restricted against construction, and the landowner shall be notified of such actions.
This Act does not apply to roads for military use.
Chapter 2. Construction and Maintenance
National highway and provincial highway construction projects shall be conducted by the central highway authority. But for the sections of the provincial highways passing through municipalities or city districts, the construction projects, except for expressways with independent route systems, shall be determined after negotiation between the central highway authority and the municipality governments or city governments.
City and district highway construction projects shall be conducted by municipality highway authorities; and county highway and country roads construction projects shall be conducted by county (or city) highway authorities. But the construction projects for the city or county highways delegated to the central highway authority shall be conducted through negotiation between the delegating and the delegated authorities.
The sharing principle of highway construction funds shall be as follows:
(1) National highways and provincial highways: funds shall be provided by the central government, except for interchanges to be established or improved based on proposals made by local governments for regional needs. However, projects proposed by local governments for putting up or improving the interchange in view of regional traffic needs, the funds shall be collectively borne by central government and related municipalities or county (city) governments; the fund sharing proportion will be determined according to their financial affordability.
(2) City and district highways: Funds shall be provided by municipality governments.
(3) County highways: Funds shall be provided by county governments.
(4) country roads: Funds shall be provided by county governments.
Municipalities and county (or city) governments may apply for financial support from their higher levels of government if they are short of funds for the construction country roads.
For large-scale, difficult state highway projects, the central highway authority may report for approbation to the Executive Yuan and establish special institutions for the construction and management.
Highway authorities may promulgate highway systems and the associated, highways and parking lots along the way to be constructed by individuals, legal persons or groups.
Public or private institutions may draft routes and apply to highway authorities for ratification and construction of special highways.
When constructing highways and subsidiary projects under Article 14, the following requirements shall be prepared and presented to highway authorities for ratification of preparatory work:
(1) Application form
(2) Construction proposal
(3) Financial proposal
(4) Preparatory period timetable
Under Article 15, highway authorities shall examine applications for the construction of highways and subsidiary projects, in accordance with the following:
(1) The feasibility of Construction Proposal.
(2) The feasibility of Financial Proposal.
(3) The acceptability of affairs that need assistance and collaboration from government.
After ratification of preparatory work under Article 16, the following requirements shall be prepared and presented to highway authorities within the preparatory period for ratification for the issuance of a construction license prior to construction:
(1) The article of incorporation or constitution of the company
(2) Land use certificates
(3) Construction proposal
(4) Construction budget proposal
(5) Financial proposal
(6) Date to begin construction and estimated construction period
In accordance with the relevant provisions of the Environmental Impact Assessment Act and the Soil and Water Conservation, the applicant must present an environmental impact assessment or intention to have a soil and water conservation plan, which should be attached on the book drawing files and the regulating authority of the approval documents.
Highway construction projects shall begin and end within the time limits determined by highway authorities. Whereas if construction cannot begin or end within the time limits due to reasonable reasons, reasons must be reported to and ratified by superior highway authorities.
Upon completion of all or part of a highway construction, completion of construction reports shall be compiled, and highway authorities shall send personnel to examine and approve the construction, before putting into use.
For highways and subsidiary parking lots constructed under Article 14, where construction standards are deemed incompatible with the original plan, highway authorities shall demand corrections to be made and coercively suspend the construction when corrections are not made within the time limits.
Business operators of private companies or groups ratified by highway authorities under Article 14 may charge a regular fee for the highways and subsidiary constructions which they have constructed, on automobiles passing through, parking in, or receiving service in these constructions. The same shall apply to special highways ratified by highway authorities to be managed concurrently with highway operations only.
Business operators shall report to highway authorities for approval prior to changing organization, increasing or decreasing capital, using property as collateral, or transferring management.
When there are evidences traffic is impeded due to improper managed of highway operation enterprise, highway authorities may impose the following:
(1) Demands for improvement within a time limit
(2) Suspension of operations when improvements have not been made within the time limit.
When suspension of business occurs under Section 2 of Paragraph 1, highway authorities shall take appropriate measures to continue providing services, maintain traffic and vehicle parking.
Automobiles passing through highways constructed by highway authorities may be charged toll under the following conditions:
(1) The facility was constructed on credit.
(2) The accepted grant includes a condition to collect fees.
(3) Another new route was opened between the same origin and destination, and the passing traffic can be benefited ,.
(4) The facility belongs to an existing highway system with toll.
The MOTC shall determine the regulations which specify toll collection procedures, collection facilities, methods of collection, types of toll-charging vehicles, toll rates, management, toll collection and exemption rules, toll payment enforcement, handling fees for toll payment enforcement, and toll-related matters authorized to other agencies.
Different toll rates will be set basing on types of vehicles, the method of computing the toll rates mentioned in the preceding paragraph shall be decided by the MOTC, taking into account construction, operation and maintenance costs, level of benefits to users, traffic volume, toll collection period and special considerations may be subject to highway sections, time section and travelling mileage.
The toll rate computing method mentioned in the preceding paragraph shall be applied to highway operation enterprises also.
Vehicles that are charged tolls under the provisions in the first paragraph are exempted from construction benefit fee specified in the Regulations for Collection of Construction Benefit Fee.
National highways and provincial highways shall be maintained by the central highway authority. But for the sections of provincial highways passing through municipalities or city districts, their repair and maintenance, except expressways with independent systems, shall be determined after negotiation between the central highway authority and the municipality governments or city governments.
City highways and district highways shall be maintained by municipality highway authorities; and county highways and country roads shall be maintained by county (or city) highway authorities. But the city or county highways delegated to the central highway authority to manage shall be managed by the delegated central highway authority.
To finance the expenditures required by highway maintenance, construction, and safety management, highway authorities may collect automobile fuel charges at rates not exceeding 25% of the fuel import or ex-factory price. Measures regarding the collection and distribution of automobile fuel expenses are provided by the MOTC after consultation with the Ministry of Finance, and to the distribution proportions of urban streets are decided by the MOTC after consultation with the Ministry of the Interior.
Central highway authorities may establish highway construction funds for the needs of highway constructions and management with the following income:
(1)Toll for passing vehicles.
(2) Automobile fuel charges taxes allotted to highway constructions.
(3) Government budgets allocation.
(4) Private or organization donations.
(5) Service income on toll highways.
(6) Other legal funds allotted to highway constructions.
It is prohibited to take advantage of the highway right of way. The highway competent authority shall ban those who presume to utilize and destruct the Right of Way, or damage relevant facilities.
When pipelines or other public facilities to be installed by taking advantage of the highway right of way, prior application must be presented together with Construction Proposal by the user to highway competent authority for approval before construction starts. The highway competent authority is eligible to levy both permission fee and utilization charge for the highway right of way on the users; for underlying purpose of constructing, maintaining and managing the highway. However, the utilization charge for the highway right of way may be reduced or exempted when it is for public interest or on account of specific requirements.
Directions for the operation procedure of levy, prerequisite for deduction or exemption, applicable scope, imposing criteria and factors to be considered for rate, fee discrepancies resolved, refund of overpayment, and so forth regarding aforesaid utilization charge for the highway right of way will be drawn up by the Ministry of Transportation and Communications.
When the highway authority is to build or improve roads, it should make an announcement before the construction. Aside from national highway projects, it should consult with local municipal and county governments and inform the highway public private institutions simultaneously so as to coordinate construction at the location.
After completion of the preceding highway project, digging may be restricted within a certain period. However, this shall not apply to necessary emergency repairs or localized region repairs.
When hosting pipelines or other engineering projects for the laying of a pipeline or other projects where road excavation is necessary, institutions should apply for a permit from the highway authorities according to the preceding second paragraph, and pay the license fee before construction. However, for emergency repairs, processing may begin after informing the highway authorities by phone or fax, and correct the licensing procedures after the beginning of the construction.
When previous pipeline institutions must undertake mining roads, besides the national highway construction and emergency repair, mining facilities and traffic maintenance plans should be developed to be examined and approved by municipal or county (city) governments.
Regarding excavation and restoration of the road, highway authorities may utilize one of the following measures:
(1) Charge road patching fee, with the progress of the project excavation and repairing of roads.
(2) Coordinate or require the pipeline or other works sponsored agencies (institutions) to coordinate construction, and monitor its construction and complete repairing of roads before the deadline.
Regarding the preceding business and road excavation plan, highway authorities may commission private groups to undertake progress entirely or in part.
Pipeline institutions should undertake inspections regularly to maintain safety after the completion of the project.
When highway authorities need to move the original pipeline or other public facilities with the land scope of the highway based on the construction or improvement of highway engineering, they should coordinate with the users to select the migration position. Users should coordinate migration according to the results and all relocation costs. But when the same engineering is limited to site, and must apply for multiple migrations, in addition to the last costs to be borne by the user, the rest times of the relocation costs and other user's property relocation costs should be provided by the highway authorities.
When the construction, maintenance, management, and expenditure of highways as part of public works such as ditches, embankments and dams, and railway, the highway authority shall consult with the relative authorities. If the agreement cannot be reached, it shall be reported to their common superior authority and get the decision.
The highway competent authority shall pay attention to the landscape andbeautification for the highway under its custody. All local governments are allowed to plant sidewalk trees and ornamental plants or site architectural improvements, as well as in charge of relevant maintenance after approval received from the highway competent authority; the plants or site locations shall make no interference to the original function of the highway.
Technical standards of highway design construction, maintenance and traffic engineer standards shall be determined by the MOTC.
Regarding highway engineering design and construction supervision, when the project scale exceeds the scale designated by central highway authority, it should be legally registered by the relevant professional practicing engineer. If the project is conducted by the highway authority itself, the registration can be done by its employers who hold the professional practicing engineer certificates. Regarding the refered professional engineer, its relevant professional technicians division should be determined by the central highway authorities in consultation with the competent central technician authority.
Chapter 3. Highway Transportation
Highway automobile transportations are divided into two kinds: private and commercial. Private automobiles transportation can drive everywhere in the ROC territories; commercial automobiles shall operate under the specifications as follows:
(1) "Highway Automobile Transportation Enterprise": an enterprise which carries passengers within designated route(s) by bus.
(2) "Metropolitan Automobile Transportation Enterprise": an enterprise which carries passengers within designated area(s) by bus.
(3) "Tourist Bus Transportation Enterprise": an enterprise which uses buses waiting for hire and then taking passengers to anywhere.
(4) "Taxicab Transportation Business": includes businesses or individuals using sedans for hire with a driver, used by a single passenger or a small group of passengers within designated area(s).
(5) "Car Rental Business": a company that rents passenger cars to others.
(6) "Pickup Truck Rental Business": a company that rents pickup trucks to others.
(7) "Automobile Cargo Transportation Business": a business which provides freight delivery service with trucks.
(8) "Automobile Cargo Transportation within Designated Route(s) Enterprise": an enterprise which provides delivery services with trucks in designated route(s).
(9) "Container Truck Transportation Enterprise": an enterprise which transports containers with container trucks in designated areas.
The aforementioned operation routes or areas of commercial automobiles are subject to modification by highway authorities if necessary.
Non-citizens or unincorporated enterprises of the Republic of China are banned from investing in commercial automobile businesses within the ROC boundaries; however, those who are approved by the MOTC may apply to invest in the following businesses: car rental, pickup truck rental, automobile cargo transportation, automobile cargo transportation within designated route(s), and container truck transportation.
The operation of a commercial automobile business should be private except routes concerning remote regions and national defense, which shall be operated by the central or local governments. However, where the private institutions or enterprises cannot afford these routes, the government may take over their operation.
Applications for commercial automobile should adhere to the following:
(1) Applications for operation of highway automobile transportation enterprise, tourist bus transportation enterprise, car rental business, pickup truck rental business, automobile cargo transportation business, automobile cargo transportation route within designated routes, or container truck transportation enterprise shall apply to the central highway authority.
(2)Metropolitan automobile transportation enterprise:
(a) Those belonging to municipalities should apply to the municipal highway authorities.
(b) Those belonging to county/city should apply to the corresponding county/city highway authority.
(3) Those who want to apply for a license of the taxicab transportation business shall apply to the special municipal city highway authority if the main office is located in the municipality; otherwise it shall apply to the central authorities.
For bus transportation providers operating routes which pass through provincial, county, and city highways under paragraph 1, subsections 2 of this article, the highway authority processing the application should obtain the approval of the highway authorities of neighboring municipalities ,counties ,cities. Those which do not approve should report to the central highway authorities for ratification.
Highway authorities shall examine the applications of commercial automobile transportation enterprise applicants in accordance with the following requirements:
(1) It meets the regional transportation needs.
(2) It makes a tangible contribution to public convenience.
(3) It has adequate operating finances.
(4) It has a sufficient number of authorized vehicles, stations and premises with access-free facilities and equipments for passengers with mentally and physically disability.
Detailed regulations under this article are prescribed by the MOTC.
The commercial automobile business ratified for preparatory work shall complete all preparatory work within 6 months after the day of approval.
The commercial automobile business should complete incorporation or business registrations under the Act during the preparatory period, and report to the appropriate highway authorities for the ratification and issuance of the commercial automobile business's licenses and the line permit for a highway and metropolitan automobile transportation enterprise before starting business or transportation operations.
If a commercial automobile business fails to complete preparatory work after ratification due to special circumstances, the provider may apply to the corresponding highway authority for an extension not to exceed 6 months. Once overdue, the ratification for preparatory work shall be cancelled. If the applicant applies for a highway or metropolitan automobile transportation enterprise, the application should also promulgate reapplication.
License plates of taxicabs should be issued according to the regional population and the growth percentage of road surfaces in use.
This article does not apply to the issuance of individual license plates applied by excellent drivers.
A commercial automobile business should begin its business within one month after receiving the license; and a highway and metropolitan automobile transportation enterprise should begin its operation within one month after receiving the line permit. Except in the event of natural disasters, emergencies, or other force majeure, which may be reported for sanction to corresponding highway authorities, and promptly begin business or operation after the reasons no longer exist, failure to begin business or operation within the time limit shall cause the automobile transportation provider's business license or operation line permit to be rescinded, and all commercial vehicle license plates to be revoked.
The vehicle license plate applied by the newly established automobile transportation providers cannot be returned for canceling or transferred less than one year after being issued.
Automobile transportation providers should use the same type brand new or year newer vehicle to replace the old one after which was canceled in a certain duration. Failure to complete operation within the time limit shall cause the commercial vehicle license plate to be revoked.
The "certain period" of the preceding paragraph, the industry applied for ,and the length of extension shall be determined by the MOTC .
A highway route shall be operated by a single enterprise in principle. However, if the vehicles and equipments do not meet the public needs, or if another enterprise must pass through certain sections otherwise cannot complete their operation routes, the highway authorities may ratify 2 or more enterprises to share the same route.
A metropolitan automobile transportation enterprise should be approved in accordance with the percentage of regional population and the vehicles and equipment needed for public transportation. Highway authorities may ratify one or two or more providers according to actual circumstances.
The prices for passengers and cargo transport of commercial automobile business shall be set jointly by the trade association of commercial automobile business and related labor union(s) by the "Commercial Automobile Business Price Standard Of Passengers and Cargo," then ratified by corresponding highway authorities, and are not subject to adjustment unless been sanctioned.
The principals of this article are provided by the MOTC.
Transportation and miscellaneous fees for passengers and goods transported by commercial automobile business cannot be applied before announcement.
The highway authorities may collect highway operation fees on automobile transportation providers, to serve as transportation incentives and subsidies, and to be used for highway safety management and maintenance.
The rate of collected highway operation fees under this article cannot exceed 10% of the transportation fee, and cannot exceed 20% of the transportation fee for freeways. Measures of collection and usage are drafted by the MOTC, and ratified by the Executive Yuan.
The highway authorities should consider the needs of passenger and goods transportation, and assist commercial automobile businesses in developing joint transportation or joint operation between highways and railways, water transport, flight, and other highways.
Automobile transportation providers should report to highway authorities for sanction before modifying organizations, increasing or decreasing assets, collateralizing property, or declaring suspension or termination of business. Within 2 months after an automobile transportation commercial vehicle causes a traffic accident which results in deaths or serious injuries, the highway authorities may not approve all or in part the vehicles transfer or cancellation after the victims, their spouses, or the relatives submit the prove documents made by the police authorities. The victims, their spouses, or the relatives are permitted to petition for provisional attachment or provisional injunction not subject to the limits.
The definition of relative in the aforementioned paragraph may be the lineal relative by blood or collateral relative by blood within 2nd degree of kinship.
The regulations about the number of non-approval transfer and cancellation of vehicles, the methods of vehicle value estimates and the options of vehicle prohibition change for automobile transportation providers under this article are enacted by the MOTC.
The highway authorities may set the following orders to commercial automobile businesses that are considered to impair public interests or traffic safety due to misconduct:
(1) Improvement within a time limit
(2) If demanded improvements are not made within the given time limit or if improvements have been ineffective, partial business may be suspension
(3) For proprietors who fail to improve after more than 1 year of partial suspension, their commercial automobile business license may be revoked under the sanction of the MOTC.
If the commercial automobile business mentioned in the preceding paragraph directs any person that does not have a professional driver's license or is not a qualified driver to work as a driver, highway authorities shall investigate the severity of the situation and choose to proceed with the case under the subparagraph 3 of the preceding paragraph without giving a limited period of time for correction.
Under the first paragraph, when the business is subject to partial suspension or revocation of its business license under this article, highway authorities should take appropriate measures to maintain passenger and goods transportation activities, so that transportation does not become discontinued.
When unusual disasters occur, highway authorities may mobilize automobiles, maintenance equipments, and required personnel within the jurisdiction district in order to cope with emergency needs, and the commercial automobile business has no reason to reject such requisition. Proprietors who suffer losses because of such utilization may apply for compensation.
A commercial automobile business should transport passengers and goods safely and on time. However, emergency patients, postal packages, perishable goods, or other items with reasonable reasons concerning public welfare, may be given priority to be transported.
A commercial automobile business has the right to refuse carrying goods whose nature may cause damage to other people's health or property. If automobile transportation providers experience damages in carrying such goods due to fraudulent reports, the shipper of the goods shall be liable to pay compensation for the damage.
Passengers riding without tickets (or permits) or use invalid tickets (or permits) should be required to purchase tickets, and may be charged an additional 50% of the original price unless there is a valid reason. Automobile transportation providers may examine the shipper's goods if the provider has doubt about the name, quality, or number of the reported carried goods. . If the provider believes that carriage has been undercharged, after the examination the shipper may be charged a reimbursement fee no more than 4 times of the original carriage,.
If carried goods cannot be delivered due to reasons which are unable to blame on the commercial automobile business, the business provider may hand over the goods to warehouses for safekeeping, and deliver warehouse receipts in place of carried goods, and expenses shall be reimbursed by the shipper or receiver of the goods.
This article also applies to carried goods that have not been drawn after the noticed drawing period.
A commercial automobile business should announce notices to make claims for carried goods, safekeeping items, or items left behind of unknown ownership, and may receive ownership of items that have not been claimed by the oblige after 1 year of announcement.
Automobile transportation providers may auction the carried goods, safekeeping items, or items left behind described in this article during the announcement period, if the item may easily decay by nature, is difficult to take care of, or if its value will obviously not compensate the transportation and miscellaneous expenses, and temporarily keep the auctioned income.
The following request claims shall become invalid if not exercised within 1 year:
(1) Damage compensations due to loss, damage, or delayed delivery of carried goods.
(2) Deferred payments or refunds of carriages or miscellaneous expenses.
(3) Delivery of carried goods.
(4) Payment of agency receipts.
Extinctive prescriptions of the above subsections are calculated from the following dates:
(1) For damage compensations due to loss, damage, or delayed delivery, since the date of payment.
(2) For deferred payments or refunds of carriages or miscellaneous expenses, since the date on which notes are filled and issued.
(3) For delivery of carried goods, since the expiration date of the delivery period.
(4) For payment of agency receipts, since the date on which the automobile transportation provider's agency payment receipt notice is issued.
In addition to operating passenger and goods transportation, automobile transportation providers may be commissioned by individual operators to conduct the following practices:
(1) The application and receiving, renewal, and handing in for cancellation of vehicle registration plates, vehicle inspections, and registration of various changes.
(2) Paying annual registration fee, fuel consumption taxes, and other taxes, fees, and fines.
(3) Automobile liability insurance.
(4) Affairs related to driving accidents.
(5) Applications for car loans and registrations for the secured transaction on movable property.
(6) Other types of business as ratified by highway authorities.
Automobile transportation providers under commission of the aforementioned businesses should sign written contracts with clients, stating clearly the rights, obligations, and liabilities for breach of contract before accepting commission businesses. Contract forms are provided by the Ministry of Transportation and Communications.
A taxicab transportation business should be ratified by highway authorities of the current location, under regulations provided by the Ministry of Transportation and Communications.
The rules of application procedures, requirements, obligations, etc. for taxicab transportation business as cooperatives will be enacted by both the MOTC and the Ministry of the Interior (MOI).
For taxicab transportation businesses established as cooperative associations, the regulations which specify establishment procedure, requirements of establishment approval and establishment approval annulment, members' qualifications and conditions, minimum number of members, business scope, management method and business operation shall be enacted by the MOTC and the Ministry of the Interior.
For safeguarding civil aviation airport traffic order and to ensure passenger traffic safety, before formal operations, any type of transportation vehicle entering into a civil aviation airport shall have certain qualifications and obtain the relevant documents issued by the competent authority of the civil aviation airport.
The MOTC shall enact the regulations of eligibility criteria, application procedures, operational oversight, compliance issues, applicable airports, issuance of documents, the quota of taxicabs, reserving ratio, residence service fees, rewards for outstanding taxicab drivers, operation restrictions and prohibitions of shuttle relatives and all kinds of transportation vehicles into the civil aviation airport, the method of distraining, cancellation of vehicle licenses and stop requisitions for related documents for violators.
A trolleybus transportation enterprise may follow articles 35-40, 42, 43, 45-47, and 49-54.
To maintain traffic safety or business order for a commercial automobile business, highway authorities shall perform audits with police and appropriate authorities for any violation of Articles 47, 77 and 77-3.
Any violations found through the audits performed under the provisions in the preceding paragraph shall be confirmed by evidence data obtained by scientific equipment. The method of defining the evidence data obtained by scientific equipment shall be announced by highway authorities.
When highway authorities dispatch officers to perform roadside inspections, necessary precautions and protective measures shall be taken against any danger to their lives, bodies and health likely incurred due to their position and duty activities. Condolence payments to them shall be equivalent to those made to police officers on duty.
Chapter 4. Safety Management
To maintain highways and urban roads that are safe and unimpeded, highway authorities may, on roads with heavy traffic, assign special lanes for various vehicles according to practical needs, and should install signs, markings, signals, railings, traffic islands, and other traffic safety construction installations at dangerous or appropriate points.
Highway authorities shall pave special lanes on existing roads or use alternative roads as special lanes for bicycles and pedestrians according to the needs of bicycles and pedestrians.
To maintain roadbeds, driving safety, and landscape along highways, highway authorities may ask local county governments to conduct surveys, and announce prohibitions or restrictions on the construction and establishment of public or private buildings and advertisements within a given range, regardless of the restraints of land usage in respective districts under city plans. Existing buildings, advertisements, and other obstacles that have negative impacts on driving safety or landscape appearance may be requested to undergo modification within a time limit, or coercively demolished under the Act after consulting construction authorities, but owners shall be given equivalent compensation.
The construction prohibitions and restrictions under this article are enacted by the Ministry of Transportation and Communications jointly with the Ministry of the Interior.
Vehicles that are prone to damage road surfaces or culverts may be restricted or prohibited. During highway maintenance periods, announcements or signs may be used to restrict or redirect vehicle passage.
To construct or maintain highways and relevant facilities safely, highway authorities may dispatch officers who shall produce certificates and documents relating to their duties to be performed, or badges sufficient to establish their identity, to enter public or private land to conduct necessary checks or inspections. The owner, occupier, user or manager of the land shall not refuse, evade or interfere. But access to national defense facilities shall require the consent of the authority of the national defense facilities.
When it is necessary to use any facilities on the public or private land or enter fenced land for the checks and inspections mentioned in the preceding paragraph, the owner, occupier, user or manager of the land shall be noticed in written form of the checks and inspections seven days before the checks and inspections occur, and village chiefs or police officers shall also be asked to be present on site. But for emergencies or significant public hazards likely to occur in case of much delay, the notice may be sent later after access to the land or use of the facilities.
If any damage is caused by access to or use of the public or private land mentioned in the preceding two paragraphs, appropriate compensation shall be provided.
The registration, testing, and issuing licenses of cars and trolley buses, and the registration, examinations, and issuing licenses of drivers and mechanics, are uniformly processed by the central competent roadway authority, and may be entrusted to relevant institution or organization.
For the institution and organization under the aforementioned paragraph, except as otherwise provided in Article 63, regulations which specify authorized items, authorized parties' qualifications, personnels, equipment standards, application approval procedures, necessary items stated in authorization contracts, fee charging criteria, management, supervision and the cease or termination of authorization shall be determined by the MOTC.
Military cars, except the vehicles in the military system under the regulations enacted by the Ministry of National Defense, shall comply with the provisions in the aforementioned two paragraphs.
Car testings and driver license tests shall be made by the personnel who is qualified by exam and with certification.
Regulations regarding matters such as testing mode, category, qualifications, training, assessment and supervision and management for the aforementioned car testing and driver license test personnel shall be determined personnel by the MOTC.
Repairs of cars should be executed by the personnel with a car repair mechanic license or car repair technician certificate grade B or above.
Regulations regarding matters such as testing method, category, qualifications, training, assessment and supervision and management for the aforementioned car repair mechanician and technician shall be determined by the MOTC in conjunction with Council of Labor Affairs, Executive Yuan.
Central highway authorities may establish training institutions to train automobile drivers, mechanics, test members, inspectors and directors, driver trainers, automobile construction lecturers, and road traffic management regulations lecturers in automobile driver training institutions; and the necessary training expenses may be collected from subordinate business institutions or trainees.
The aforementioned institutions may act under the commission of the training and assessment for the aforementioned staff by Central highway authorities.
The establishment of private automobile driver training institutions should apply for sanction under highway authorities with complete establishment in the prescribed time period and recruit after the accreditation certificate is issued.
The administration of private automobile driver training institutions and standards for equipment, curriculum, and charges, assessment and supervision, and the regulations for the restriction, the official reprimand, taking corrective action within a requested time period, a halt to recruitment of students and revoking the accreditation of private automobile driver training institutions, shall be determined by the MOTC in conjunction with the Ministry of Education.
Before conducting registration, testing and license registration, cars and trolleybuses shall comply with the safety testing standards provided by the MOTC, and shall approve the vehicle safety type-approval testing and certification and be issued safety type approval certificates.
Domestic manufacturers of cars and trolleybuses should possess complete motor vehicle safety testing equipment, and should carry out strict ex-factory testing. The testing equipment under this article may be entrusted for pre-licensing safety testing after verification and qualification by competent roadway authorities. Car repair shops and gas stations should possess complete motor vehicle safety testing equipment, and may be entrusted for periodical inspection after verification and qualification by competent highway authorities.
The aforementioned vehicle companies are entrusted for periodical inspection by competent highway authorities, which shall pay for the commission fees deducted from the inspection fees.
Regulations which specify safety testing standards, examination, quality consistence, applicants' qualifications, technology data and the validity period, type, form, audit, approval by testing institution, approval by examining institution, audit and supervision in connection with the safety type approval certificate mentioned in Paragraph 1 shall be determined by the MOTC.
Regulations regarding matters such as establishments' qualifications, conditions, application, examining equipment and personnel, fees charged, form of certificate, items stated in contract, check and supervision management in connection with the entrusted examining establishments mentioned in the provisions Paragraphs 2 and 3 shall be determined by the MOTC.
Cars or trolleys buses which are sold by manufacturers and importers shall be recalled and corrected when the evidence was found that defects exists and driving safety is likely jeopardized.
Vehicles or trolleys buses which are sold by manufacturers and importers shall order to recall and correct within a requested time period when the defect might severely jeopardize the driving safety, and investigating and confirming by central competent roadway authority.
Regulations regarding matters such as safety investigation, recall, correction, supervision and management of cars or trolleys under this article shall be determined by the MOTC in conjunction with the Consumer Protection Commission, Executive Yuan.
In the case of traffic accidents causing injury or death to passengers or other people, or damage or loss to money or property, automobile or trolley transportation providers shall be liable for the damage and compensate for it. However, the providers are not liable to pay damage compensation if it can be proven that the accident was due to force majeure or fault of the shipper or recipient of carried goods.
Damage compensation of damaged or lost goods under this article shall up to NTD 3000 per piece unless the shipper has declared and stated clearly about the quality and value of the goods, on the carry agreement before shipping.
The rule of damage compensation applicable to the injury or death of passengers or other people will be separately determined by the MOTC.
Automobile owners should have liability insurance under this article.
Trolley owners should have liability insurance before applying to highway authorities for the issuance of license plates, under rates provided by the MOTC. Insurance premiums are set by the MOTC. Automobile or trolley transportation providers should have liability insurance for passengers, and the minimum insurance coverage set by the MOTC may be exempted from the liability insurance under this article.
Transportation providers that fail to pay insurance premiums shall be fined at least NTD 100,000 but not more than NTD 500,000.
In the case of involvement in traffic accidents causing major injury or death to passengers or by other people, in addition to taking the necessary first aid or other measures, and reporting to police authorities, the automobile or trolleybus transportation enterprises should also inform corresponding highway authorities of the course of events.
Traffic accident appraisal and review shall be undertaken by the subordinate agency designated by the MOTC. But if the accidents occur in the administrative areas of municipalities, the traffic accident investigation and reconsideration shall be undertaken by municipality governments or the subordinate agency designated by the municipality governments, or may be entrusted to the subordinate agency designated by the MOTC.
The regulations which specify the appraisal and review of vehicle driving accidents mentioned in the preceding paragraph shall be enacted by the MOTC jointly with the Ministry of the Interior and the Ministry of Justice.
Chapter 5. Incentives and Penalties
The highway authorities may allow highway operation enterprises to operate passenger transportation route services with priority in the highways that the enterprise built.
This article also applies to special highways open to passengers and goods transportation.
In addition to incentives under the Act, if deficits occur in newly established or newly developed routes, or in routes within remote districts, highway authorities may offer reward subsidies from highway operation charges, to automobile or trolley transportation providers whose operation or management conforms to government regulation standards.
Highway operation enterprises violating any article from Articles 17 to 19 shall be fined at least NTD 30,000 but no more than NTD 90,000; and highway authorities shall also suspend their construction or business.
If the constructions of highway operation enterprises do not agree with the original plans or the enterprises operate poorly during construction or business operation, and the highway operation enterprises also fail to correct or improve by the deadline provided by highway authorities, or the constructions still do not agree with original plans or the enterprises still operate poorly even after correction or improvement, the highway operation enterprises shall be fined at least NTD 30,000 but not no more than NTD 90,000, in addition to compliance with Articles 20 and 23.
Highway operation enterprises violating the fourth paragraph of Article 79 in investment, construction, business operation, fee collection and transfer shall be fined at least NTD 30,000 but no more than NTD 90,000, and shall be required to improve during the period specified by highway authorities; if the violating enterprises fails to improve in the specified period, highway authorities shall order to suspend their business.
Unauthorized use or destruction of highway land or damage to highway facilities shall result in the offender being fined at least NTD 30,000 but no more than NTD 150,000; and highway authorities shall demand the offender to restore the land to its original state, reimbursing restoration fees or compensation.
If piping or wiring agencies or other engineering agencies burying pipes or wires or setting up other public facilities on highway land fail to reduce traffic impact or conduct restoration as indicated in the engineering plan attached to the application for the permit, the agencies shall be fined at least NTD 30,000 but not more than NTD 150,000, and shall be requested to improve in a given period; and failure to improve upon the expiration of given period shall be subjected to take fines per occurrence.
Unauthorized construction on proposed highway land after promulgation and boundary marking and forbidding or restricting construction shall be demolished by highway authorities in joint with relevant authorities.
Unauthorized vehicles driving on restricted or forbidden highways, causing damage to roadbeds, road surfaces, bridges or culverts shall be fined at least NTD 20,000 but no more than NTD 100,000; and highway authorities shall also demand the offender to restore the structure, reimburse restoration fees or compensate.
Those accused under articles 72 and 73 shall also be investigated if against criminal laws concerns do exist.
Automobile owners who fail to pay automobile fuel charges as regulated shall be notified by highway authorities to pay within a time limit. Owners who fail to pay after the time limit shall be fined at least NTD 300 but not more than NTD 3000, and vehicle alterations or vehicle license plate renews shall be suspended.
Highway authorities shall not accept any applications for registration, inspection or license reissue or issuance filed by automobile or trolley owners who do not have liability insurance, and the trolleys which are already licensed shall be invalidated.
Driving a trolley without liability insurance shall result in its owner being fined at least NTD 3,000 but not more than NTD 30,000, and the trolley shall be prohibited from further driving.
Automobile or trolleybus transportation enterprises that violate the mandates enacted under Paragraph 5 of Article 75 of this Act shall be fined between NTD 9000 and NTD 90,000.The highway authorities may also, according to the circumstances, distrain the proprietor's business vehicle license plates for 1 to 3 months, suspend part or all of the proprietor's business within a certain period and revoke the illegal business vehicle license plates, or report to the MOTC and request cancellation of the proprietor's automobile transportation business license, and revoke all the proprietor's business vehicle license plates.
Those who manage an automobile or trolleybus transportation enterprise without applying for sanction under this Act shall be fined between NTD 50,000 and NTD 150,000.The highway authorities should also coercively suspend the business, distrain the license plates of illegally operating vehicles for 2 to 6 months, or revoke the proprietor's owned vehicle license plates.
Taxicab transportation services that violate the mandates enacted under Article 56 of this Act will be fined between NTD 30,000 and NTD 90,000. The highway authorities shall consider the violation situation decide the following coercively suspend the business, distrain the license plates of illegally operating vehicles for 6 to 12 months, or invalidate the proprietor's vehicle license plates. Those who manage a taxicab transportation service without applying for sanction under this Act shall be fined between NTD 50,000 and NTD 150,000.
The private automobile driver training institutions that violate the mandates enacted under Article 62 of this Act shall be taken corrective action within a requested time period, put a halt to recruitment of students or revoked the accreditation by the highway authorities. If the private automobile driver training institutions are abolished in establishment or revoked the accreditation, the addresses and the owners of the institutions cannot apply for a private automobile driver training institution for one year.
Those who manage a private automobile driver training institution without applying for sanction under this Act shall be fined between NTD 50,000 and NTD 150,000.The highway authorities should also coercively suspend the business, distrain the license plates of illegally operating vehicles for 2 to 6 months, or revoke the proprietor's owned vehicle license plates. In case the vehicle license plates revoked under the provisions in the first, second and preceding paragraphs are not returned by the vehicle owners, highway authorities shall invalidate the license plates concerned.
If manufacturer's manufacture or importer import trolley buses or cars against the content of the Safety Type Approval Certificate which is applied according to Paragraph 1 of Article 63, or the certificate owner offers the safety approval certificate for use by another person, the competent roadway authorities may order the owner to improve within a requested time period. If the owner fails to improve within the time, the competent roadway authorities shall revoke entirely or in part of safety type approval certificate.
If a safety type approval certificate has been revoked with respect to the regulation specified in of this Article, the manufacturer, importer and the registered company address cannot apply for the vehicle safety type approval certificate or examination for 3 years. The above issues shall be recorded in the appendix of the land registration for the registered company address.
If a manufacturer or importer of trolleys and cars uses a safety type approval certificate without authorization, or counterfeits or forges the Type Approval Certificate Document, that entity shall be suspended coercively, and the vehicle registration plates shall be canceled. Each vehicle shall be fined from NT 50,000 to NT 200,000 by the competent roadway authorities for which an unauthorized safety type approval certificate was used. In cases of counterfeiting or forgery of the safety type approval certificate, the competent roadway authorities shall provide the information to the relevant authorities for investigation.
If an inspector under commission of vehicle inspections goes against the regulations according to Paragraphs 2 and 3 of Article 63, the competent roadway authorities may order the owner to improve within a requested time period, to suspend he/she from vehicle inspections from 1 month to 1 year, or to abolish his/her vehicle inspection business license. If the owner has been subject to abolishment of the vehicle inspection business license, the inspector company and the registered company address cannot apply for a vehicle inspection business for 3 years. The above issues shall be recorded in the appendix of the land registration for the registered company address.
If the owner fails to comply with the recall and correction according to Paragraph 2 of Article 63-1, the owner shall be fined from NT 300,000 to NT 1,500,000 and penalties may be repeatedly charged. When necessary, the business of violation manufacture, import or sale should be suspended.
Inspectors, testers, or mechanics who violate this Act, according to the situation, shall be suspended from their business from 3 months, to 1 year, or be subject to termination of the certificates.
In cases where inspectors, testers, mechanics lend or rent their certifications to another person, the competent roadway authorities shall terminate those certificates.
Inspectors, testers, or mechanics whose certificates have been terminated cannot apply for the certification exam for the same kind within 3 years.
Inspectors, testers, or mechanics that cheat in the exam shall be subject to termination of their certificates and cannot apply for the same kind of certification exam within 5 years.
Business transportation vehicles that violate this Act shall be fined at least NTD 9,000 but no more than NTD 90,000. Repeat violators shall not only be fined but also, according to the circumstances, be subject to distrain of the business vehicle license plates for 1 to 3 months.
Drivers who violate the rules released by Paragraph 2 of Article 56-1 may be subject to impoundment by the plot related documents for 10~30 days, or revocation, or stop requisitioned within a certain time period by civil aviation airport competent authority.
Commercial passenger vehicles with permissions suspended under the above for less than two years are forbidden to enter civil airport for business operations.
Fines under this Act are carried out by corresponding highway authorities, and if ineffectively administered, may be transferred to the court for coercive administration. Penalties such as distrain or invalidation of automobile or trolley license plates under this Act, are not exempted from administration because of automobile or trolley experiences ownership transfer, lease, or termination of lease.
Chapter 6. Supplementary Provisions
The rules of qualifications, procedures and rights & obligations for automobile and trolleybus transportation enterprises will be enacted by the MOTC.
The rules which specify highway planning standards, construction procedure, maintenance system, fund sharing principles and management shall be made by the MOTC.
The rules which specify the application procedure, supervision and management of construction and management, prohibition, restriction, annulment and any other matters in connection with special highways shall be made by the MOTC.
The rules which specify the investment application procedure, construction, business operation and transfer requirements in respect to highway operation enterprises, the restrictions and prohibitions set for highway operation enterprises, and the fine or correction action done in a given period or business suspension in case of violations by highway operation enterprises shall be made by the MOTC.
The rules which specify applicants' qualifications and conditions, registration procedure, supervision of business operation, business scope, limit of route permit and requirements of business operation in respect to automobile and trolleybus transportation enterprises, the restrictions and prohibitions set for automobile and trolleybus transportation enterprises, and the fine, suspension and revocation of vehicle license plates or annulment of automobile transportation business license shall be made by the MOTC.
License registration, inspection and issuance for vehicles and trolleys, as well as registration, test and issuance for drivers, mechanics and inspectors ratified and issued under this Act are subject to pay license fees. Payment methods are enacted by the MOTC.
This Act is enforced since the date of its promulgation, except for the enforcement date of Article 35 which had been revised and promulgated on May 07th 1997 which shall be determined by the Executive Yuan.