Print Time:2019/11/22 20:10
:::

Select Folders:

Article Content

Title: Parking Facility Act CH
Amended Date: 2016-11-09
Category: Ministry of Transportation and Communications(交通部)
Chapter 1: General Provisions
Article 1
The Act is enacted to strengthen the planning, establishment, operation, management, and funding of parking facilities in order to enhance traffic flow as well as improve traffic order. Matters not specified by this Act shall be subjected to other regulations.
Article 2
Terms referred in this Act are defined as follows:
1.Parking lot: A location that is designated for vehicle parking in accordance with the law.
2.Curb-side parking lot: A part of the road space designated for public parking.
3.Off-street parking lot: A ground, garage, mechanical or tower style parking system that is established off the street for parking.
4.Urban planning parking facility: A public parking facility planned and designed according to the provisions of urban planning, and the parking facility is open for public use after its establishment.
5.Building with built-in parking facilities: A building constructed with parking spaces in accordance with the Building Act.
6.Parking operation business: A business that operates off-street public parking lots with registration certificates issued by the competent authorities.
Article 3
The competent authorities specified in this Act include: the Ministry of Transportation and Communications; the municipal government in the municipality; the county (city) government in the county (city).
Article 4
For the purposes of parking facility construction, working capital, as well as sponsoring private operations of off-street public parking lot, local competent authorities can, in accordance with relevant provisions listed below, raise special funds to create the Parking Facility Operating Fund through the following measures:
1.General financial resources from local governments.
2.Subsidies provided by higher level of government.
3.Part of the revenue from automobile fuel charge.
4.Revenue from parking violation fines.
5.Parking operating revenue from public parking facilities.
6.Revenue from towing and retaining charges from illegal parking vehicles.
7.Revenue from royalties or rents from public parking facilities operation.
8.Revenue or cash equivalent payment from buildings with built-in parking facilities in accordance with the provisions by Article 102-1 of the Building Act.
9.Revenue from associated businesses joined with the government-owned parking facilities.
10.Interest revenue from the Fund.
11.Other revenues.
A management committee can be established to supervise and approve the Fund operation. Regulations for the Fund supervision and utilization shall be approved by the local competent authority.
Article 5
(Deleted)
Article 5-1
The Parking Facility Operating Fund in Article 4 shall be used as follows:
1.Planning and construction expenditures for government-owned parking facilities.
2.Equipment expansion and improvement expenditures for government-owned parking facilities
3.Maintenance and management expenditures for government-owned parking facilities.
4.Grants to non-government institutions for constructing and operating off-street parking lots.
5.Operation expenses for towing illegal parking vehicles.
6.Expenditures for issuing citations to illegal parking vehicles.
7.Taxes and fees for government-owned parking facilities operation.
8.Expenditure for the Parking Facility Operation Management Committee.
9.Fund for parking facilities management improvement.
10.Investment on the business management of parking facilities.
11.Other expenditures approved by the competent authorities.
Article 6
The government shall encourage and fund the private sector to construct public parking facilities.
Article 7
The under-ground and above-ground structures of markets, parks, green spaces, squares, schools, viaducts, gas stations, roads, railway stations, stadiums, substations, sewage treatment facilities, interception and pumping stations, crematoriums, children's playgrounds, and other available public facilities which are planned or constructed within the area of Urban Planning, shall be planned with integrity without undermining the overall facilities, and shall be able to construct built-in parking facilities through the multiple-application design. Adjacent public facilities and civil buildings can be planned and constructed within the plan together.
Article 8
In addition to being used as public parking facilities, the public parking spaces in Urban Planning can apply multi-application purpose building design or used as the interchange for private vehicles transfer to public transportation.
Article 9
The competent authorities of a municipality or county (city) shall consider the parking demands of the area and allow investment in adding parking spaces for public use when new constructions or renovations of the following public and private buildings listed below are approved; these spaces shall be exempt from the height and floor area ratio restrictions under the construction law.
1.Public housings and community buildings.
2.Government agencies, schools, or public or private enterprise buildings.
3.Markets, shopping centers, or entertainment buildings.
4.High-rise buildings in central business district.
The relaxation of the calculation of building height and floor area ratio rate is to be determined by the municipal or county (city) government.
Article 10
To cooperate with the construction needs of the urban development and transportation systems, the local governments shall designate or increase parking space while drafting or revising city construction plans. If necessary, the local government shall formulate planning projects and direct the Urban Planning Authority for implementation.
Article 11
Before the construction of temporary ground, garage, mechanical, or tower style off-street parking facilities; the land owner, land management authority, lessee, and superficiarius of the public and private vacant space within urban planning shall prepare and submit the certificate of land ownership as well as the temporary off-street parking facility establishment plan which specifies its location, surface plot, area and parking category, period of use, and management stipulations to the local competent authority, the local competent authority shall consult with Urban Planning authority, and other relevant authorities for approval.
During the approved period of use, the construction of designated temporary off-street parking facility is not subject to regulations of zoning related location, purpose, building coverage ratio, floor area ratio, and building height restrictions under the Urban Planning Act. However, temporary off-street parking facility established in residential areas must comply with the residential building coverage ratio, floor area ratio, and building height requirements.
The procedures, period of use, location, approved applications, building coverage ratio, floor area ratio, building height, landscape maintenance, audit standards, and other binding matters of aforementioned application shall be defined and approved by the Ministry of Transportation and Communications through consultation with the Ministry of the Interior and other relevant agencies.
The “vacant space” specified in the preceding paragraph refers to non-statutory vacant space without ground objects or with ground objects that are being demolished as defined in the Building Act.
Chapter 2. Curb-side Parking
Article 12
In response to the needs of parking as well as road traffic conditions, local competent authorities may establish curb-side parking lots and charge parking fee from users.
Said curb-side parking lots shall be considered for abolishment if additional off-street parking has been established or traffic flow increases, or being restricted from use during traffic peak hours to maintain the road’s original function.
Article 13
The local government authority shall announce the location, allowed types of parking vehicle, charging period, payment method, fare rates and other matters related to curb-side parking lots before opening for service. Changes and abolishment shall be announced as well.
Article 14
The fare rate of curb-side parking shall be determined following Article 31. Parking may be charged by hours or by every entry, and may depend on area traffic conditions, charge additional fee for long term parking or limit the maximum parking hours every time. Thirty minute can be the minimum charging time period for parking fee collection.
Article 15
To improve traffic and parking order and to maintain public safety of residential areas, the local government authority can set no parking zones or designate parking spaces in alley.
Chapter 3. Off-Street Parking
Article 16
The property of land used for off street parking facility shall follow the land use designed for parking facility or public facility designed for multiple application purpose with built-in parking facility following the regulation of Urban Planning. Upon the approval of land expropriation or appropriation, the authority of county, city or township government can operate by itself, or invite private sector to join the development following the modals listed below without the restrictions provided by Articles 208 and 219 of the Land Law, Article 52 of the Urban Planning Act and Article 28 of the State Property Law:
1.The authority of county, city or township government can contract out the constructed parking facility to private sector.
2.The authority of county, city or township government can contract out the land to the private sector for construction and operation parking facility.
3.The authority of county, city or township government can invite private sector to fund, contract, and operate the parking facility.
The approval of operation in terms of time for private investors can be determined according to the cost/revenue evaluation in the investment plan by the authority and investors, and approved by the superior government authority without the restrictions provided by Article 25 of the Land Law.
Upon the expiration of the contract, the invested parking buildings and facilities specified in Modal 2 and 3 of Article 16 shall be transferred, without any charge and dissent to the represented authority. This authority will then transfer the ownership and register them as a property of the state. Municipality, county (city), or township (town, city) government and private the investors shall not object to the arrangement. Within the legal contract period, the investors shall obtain the consent of the authority or township (town, city) office prior to make any change of the property such as transferring ownership or land use rights, or setting encumbrances.
Article 16-1
The provisions of Article 16 shall apply to the projects qualified for land use designed for parking facility or public facility designed for multiple application purpose with built-in parking facility followed the regulation of Urban Planning, that are approved for expropriation or appropriation prior to the amendment of this Act.
Article 17
The fare rate of public off-street parking lot shall be determined according to Article 31, on time base in principal and may also be collected by month. Parking fee for lots located in the downtown area or business district may charge additional long term parking fee. Thirty minutes can be the minimum charging time period units.
The fare rate and charging methods of private owned off-street public parking facilities must be prepared by the operators and submitted to municipal or county (city) government authority for future reference.
Article 18
The government authority shall, depending on its needs, designate no parking zones on streets near the off-street public parking facilities. If designated curb-side parking lots are needed for sections adjacent to prohibit parking areas, the parking fee shall be charged on hour base.
Article 19
For buildings with built-in parking facilities in accordance with the Building Act that are insufficient to meet local needs, the municipal or county (city) government authority shall work in conjunction with the urban planning authority to set standards and conditions to encourage constructing additional parking spaces and incorporate them into the regulation of Urban Planning.
For buildings with aforementioned built-in parking facilities or old buildings without such facilities, the government authority shall, depending on its actual needs, consult and work together with the relevant authorities to increase the number of built-in parking spaces when extending the buildings or changing their purpose of use.
Article 20
For public access buildings in areas of heavy traffic which may attract extensive demands, local government authority shall consult with the government authorities of construction and urban planning, and require the developer to make traffic impact assessment before the permission of construction in those areas.
In accordance with the Building Act, the traffic impact assessment must be done before the application of construct permission.
For the above-mentioned developer’s pre-review application, the government authority of construction shall submit such application to the local government authority to conduct traffic impact assessment; a careful review should be conducted in terms of demand for parking spaces, traffic movements at building entrances and other requirements.
The guidelines of a building’s traffic impact assessment shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of the Interior.
Article 21
Buildings with built-in air strike shelter facilities that meet the requirements of vehicle parking standards can only expand its approved usage for parking purpose.
Article 22
Private owned buildings with built-in parking facilities can open for public use by paying toll.
Except for its own business requirement, public buildings with built-in parking facilities can open for public use by paying toll.
Article 23
Industries of automobile transportation, trade, repairment, car wash and other automotive-related services shall construct enough parking spaces for its business operation. Regulations on parking facility construction and operation shall be formulated by the government authority of municipality or county (city) in her jurisdiction.
Chapter 4. Operation and Management
Article 24
In accordance with the provisions of Articles 16 and 16-1, investments on the construction of parking facilities required in Urban Planning, built in public building for multi-application purposes, or off-street public parking facilities with spaces more than fifty small cars shall prepare relevant documents that describe the plan for vehicle entrance, traffic movement and safety measures and send them for approval through the local government authority. Upon obtaining the approval, the developer can apply the permission of construction of the building. The format of the application document shall be determined by the local government authority.
Article 25
Prior to becoming available, the owner of the above-mentioned off-street public parking facility shall formulate the term of operation and management and submit it to the local government authority for review. The parking services shall commence only after receiving the parking registration certificate.
The term of operation and management, in particular, the business hours and fare rate shall be announced openly. Any changes above shall be reported to the local government authority for approval.
Article 26
For off-street public parking facilities with space less than fifty small cars or buildings with built-in parking facilities open for public, the persons in charge shall submit the aforementioned term of operation and management to the local government authority for approval, and commence business operation after obtaining the parking registration certificate in accordance with Article 25.
Article 27
Parking facility operators shall follow traffic regulations set necessary signs, traffic signals, designate vehicle parking lines as well as direction symbols, and post announcement regarding the parking fee and management matters at entrances or other appropriate locations.
Article 28
One month prior to name or organization change and partial or full business operation termination, the registered off-street public parking facility shall report to the local government authority. Likewise, before the resumption of business.
Article 29
Public off-street parking facility may invite the private sector to operate it by contract. Provisions concerning the operation management contract shall be prescribed by the municipal or county (city) government and be submitted to the higher government authority for future reference.
Article 30
The municipal and county (city) government authorities shall set special agency to supervise parking facility planning, construction, operation management, and regulation violation checking.
Article 31
The parking fare rate for curb-side parking and public off-street public parking shall be set differently depending on the characteristics of district, traffic flow, and periods of time.
The rate shall be decided by the local government authority basing on formula, and the formula shall be submitted to local council for review.
Article 32
Motorists shall comply with regulations when parking their vehicles in designated locations. Vehicles violating the parking regulations and obstructing other vehicles from traveling or parking shall be towed to a proper place by the government authorities, police authorities, or parking operators.
Parking facility operators shall inform government authorities, police authorities, or parking operators when motorists violate parking regulations and/or obstruct parking lots reserved for people with disabilities.
Only people with disabilities who have an exclusive identification card or other relevant certification allowing disabled parking may use disabled parking spaces.To confirm with regulation violation checking, municipal and county (city) government authorities must make a request to the Directorate General of Highways for Vehicle Registration.
Article 32-1
Parking operators, who participate through open process conducted by municipal or county (city) government authority, and obtain the approval for towing operation, are eligible to run towing business within a region around their parking facilities.
Prior to tow and relocate improper parking vehicles to a selected location, the parking facility operator shall, in accordance with the law, apply to municipal, county (city) government authorities to assign traffic law enforcement and inspection personnels or traffic assistants to join the operation. The parking operators can charge the vehicle owner for vehicle towing and retaining.
Regulations governing the qualification of parking facility operation, application procedures, towing operation, relocation method, range of operation, charges and other matters shall be determined by the municipal, county (city) government authorities.
Article 33
For the execution of the Act, the municipal or county (city) government authority can order the parking operators to submit business related information or reports, and can check the parking facilities or other business-related matters.
Chapter 5. Awards and Punishments
Article 34
To encourage private sector to construct public parking facilities, the government authorities shall provide awards or necessary assistances in respect to parking facility land acquisition, banking, tax exemption, planning, and design techniques as well as public infrastructure support. The award measures shall be prescribed in accordance with relevant laws.
Article 35
The government authority shall order the person in charge to make improvements within a certain time period as notified for any violation related to regulations provided in Paragraph 1 of Article 11. Those who fail to make necessary improvement before the deadline shall be fined from NT$3,000 to NT$30,000. For those who committed serious violations, their parking registration certificate shall be revoked.
Article 36
Parking facility operators who change the structure or equipment of the facility in violation of the regulations shall receive the fine imposed in accordance with the Building Act. Furthermore, the government authority may stop partial or all of their businesses within a certain time period or revoke their registration certificate according to the situations of violation.
Article 37
Persons in charge who violate the requirements of Paragraph 2 of Article 17, Articles 25 and 26 shall be fined from NT$3,000 to NT$15,000 and ordered to make improvements within a certain time period as notified. For those who fail to make improvement before the deadline, the government authority may stop partial or all of their businesses within a certain time period or revoke their parking registration certificates.
Article 38
Those who violate Article 27 and fail to make improvement before the deadline or fail to pass the inspection, persons in charge of the facility shall be fined below NT$9,000. For those who fail to make improvement after being fined, their businesses shall be suspended for less than thirty days.
Article 39
Violators of Article 28 shall receive a fine below NT$9,000.
Article 39-1
Parking facility operators who operate under the certain conditions listed below shall be fined from NT$10,000 to NT$30,000, and ordered to make improvement within a certain time period. For those who fail to make improvement before the deadline, the government authority may stop partial or all of the businesses within a certain period or revoke their parking registration certificate:
1. Operating illegal parking vehicle towing business without being approved or without applying government join in force as the requirement defined in Paragraph 1 or 2 of Article 32-1.
2. The implementation, of towing, relocation, operation range, charging and other activities regarding the operation of illegal parking vehicle towing business which violates the regulations defined in Paragraph 3 of Article 32-1.
Article 40
Those who violate the provisions of Article 33 by refusing to be inspected, to provide information, or to report as requested shall be charged a fine below NT$6,000.
Article 40-1
Parking facility operators who violate the provisions Paragraph 2 of Article 32 by failing to make necessary improvement before the deadline shall be fined between NT$1,800 to NT$3,600.
Motorists who violate the provisions Paragraph 3 of Article 32 shall be fined between NT$600 to NT$1,200.
Article 41
Fines specified in this Act shall be imposed by the government authorities; cases that refuse to pay fines before the deadline as notified shall be transferred to the court for enforcement.
Chapter 6. Supplementary Provisions
Article 42
Off-street public parking facilities constructed prior to the implementation of the Act shall complete the parking facility registration within one year after the promulgation of the Act. Overdue registration shall be punished in accordance with the provisions of Article 37.
Article 43
Certificate issued under the Act may impose a license fee. The amount of license fee shall be determined by the Ministry of Transportation and Communications.
Article 44
This Act shall take effect on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China