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Chapter Law Content

Title: Railway Act CH
Category: Ministry of Transportation and Communications(交通部)
CHAPTER I General Provisions
Article 1
The construction, administration, supervision, transportation, and safety of railways shall be provided by this Act. Matters not prescribed in this Act shall be provided by other relevant laws.
Article 2
Definitions:
(1) Railways: transportation systems and their relevant facilities guided by tracks and driven by powered vehicles.
(2) Railway institutions: public institutions that manage the operation of railways, or private institutions that manage the construction or operation of railways.
(3) High speed railways: railways with an operational speed above 200 Km/hr.
(4) Electrified railways: railways powered by direct or alternating currents.
(5) National railways: railways owned by the nation and managed by the central government.
(6) Local railways: railways managed by local governments.
(7) Private railways: railways managed by citizens.
(8) Special railways: railways constructed by various enterprises and institutions, used exclusively for the transportation of their enterprise.
(9) Electricity transmission systems: lines and relevant disconnecting and protecting facilities that transmit electricity between transformer stations and railway transformer stations.
(10) Headroom: the minimum space required for the safe performance of trains.
(11) Height limits: facilities that limit the load height of vehicles passing through railway-crossings.
Article 3
In principle, railways shall be nationally owned and managed.
The construction, extension, transfer, or management of local, private, and special railways, shall be ratified by the Ministry of Transportation and Communications (hereinafter, “MOTC”).
Article 4
The competent authority for this Act is the Ministry of Transportation and Communications (MOTC).
National railways shall be managed by the competent authority. Local, private, and special railways shall be supervised by the competent authority.
The supervision and management of railways and other related business under this Act shall be handled by the Railway Bureau, MOTC (Railway Bureau); the administrative supervision of construction undertaken by the Railway Bureau shall be handled by the competent authority.
Article 5
Assets and freight administered by railway institutions are not subject to inspection, requisition, or attachment unless under laws.
Article 6
To restore railway transportation as soon as possible after serious damage due to force majeure, allotment or borrowing of materials or loan applications may be submitted to the central or local governments.
Article 7
Land required by railways may be acquired by eminent domain under the Land Act and/or relevant acts.
When planning for the construction or broadening of railways, route width shall be surveyed and required land shall be assigned according to railway usage in collaboration with land administration authorities. Before land located within urban project districts is used, urban project modifications must first be conducted, while private land may be reserved for acquisition by eminent domain. During the reservation period, land within the range of urban planning districts is subject to the Urban Planning Act, while other land is subject to the Land Act.
Article 8
To protect railway facilities, maintain order along the route, maintain order in stations and trains, ensure the safety of passengers and freights, and assist the execution of this Act, the MOTC may coordinate with the Ministry of the Interior to install railway police.
Article 9
Railways for military transportation shall be provided by other laws.