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Chapter Law Content

Chapter II The Application and Review Procedures
Article 5
The applicant shall submit the application form, applicant's information, and the innovative experimentation plan, to the competent authority for approval to undertake innovative experimentation.
The project plan for the innovative experimentation, as mentioned in the preceding paragraph, shall include the following items:
1.A description of its innovativeness;
2.An analysis of the applicability, concerning the exemption from traffic and other related laws and regulations involved, of the innovative experimentation;
3.A description that illustrates the scope, duration, scale of the innovative experimentation, and a completed simulation analysis or a closed field experiment;
4.A description of the person in charge of managing and executing the innovative experimentation;
5.The expected benefits of the innovative experimentation and the benchmarks to be used for measuring the achievement of such benefits;
6.Documents concerning agreements of the government authorities or the owners of the site(s) to cooperate with the implementation of the experimentation;
7.The contracts with the experiment participants;
8.A usage plan, if the experiment involves the use of radio frequency; a certificate of usage approval by the competent authority in charge of the end enterprises concerned shall also be submitted, if the radio frequency to be used is outside the scope of Article 13 Paragraph 1 of this Act;
9.An exit strategy after the applicant submitted an application to stop the innovative experimentation in writing, the competent authority revokes its approval, or the permitted duration for the innovative experimentation expires;
10.Documents of cooperation agreements and descriptions of mutual rights and responsibilities, if the innovative experimentation is to be implemented with the cooperation of other natural persons, sole proprietorships, partnerships or legal persons;
11.The descriptions concerning the setting up of the data recorders of unmanned vehicles and the provision of recorded data;
12.The documents, or descriptions, concerning safety compliance of the unmanned vehicles or its associated devices;
13.The description concerning ensuring the continuous communications link between the unmanned vehicle and the monitoring operators, and obtaining control or other response measures via two-way communications, in the event of an expected or unexpected, failure or hazard;
14.The potential risks, risk management mechanisms, and risk reduction measures during the innovative experimentation;
15.An analysis of impacts on traffic and measures for mitigating these impacts;
16.The protection measures for experiment participants and experiment stakeholders;
17.Plans for insurance coverage;
18.The information system and safety control measures, as adopted for the innovative experimentation;
19.Documents, as required, for obtaining relevant licenses from the transportation competent authorities pursuant to Article 8 Paragraph 4;
20.A description of the project, if it involves a business operation;
21.Other matters, as specified, by the competent authority.
The competent authority shall determine the regulations concerning basis for the application and insurance, and review the innovative experimentation and the management, extensions, changes, and other matters related to the approved innovative experimentation.
Article 6
The competent authority shall convene review meetings for innovative experimentation applications, the extension applications pursuant to Article 9 Paragraph 1, and the applications for change pursuant to Article 10. The members of the meeting shall include cross-departmental competent authorities in charge of the end enterprises concerned, representatives of the central and local governments or relevant agencies (institutions), legal experts and scholars, and experts and scholars in the fields of unmanned vehicle technology and industry.
The number of expert and scholar representatives of technology fields of preceding paragraph shall not exceed one third of the total members of the review meetings, and it shall not be less than one quarter.
The competent authority shall determine the regulations concerning procedures of the review meetings, as referred to in the first paragraph, the members of review meetings, the confidentiality obligations, recusals, and other related matters.
Article 7
The competent authority shall review the following items in the application for innovative experimentation:
1.That it has innovativeness;
2.Confirm that, within its scope of experimentation, it is not possible to obtain the permission or approval of the competent authority in charge of the end enterprises concerned in accordance with current laws and regulations, and that, in order to proceed with the innovative experimentation, certain applicable laws, regulations, orders or administrative rules from which it should be exempt;
3.That it has the feasibility of being a public open field experiment, and includes data of relevant experience and analysis from the simulation or closed field testing;
4.That it can effectively improve the efficiency of transportation services or systems, and improve safety, or reduce operating and usage costs;
5.That it includes measures to maintain smooth traffic flow and ensure traffic safety;
6.That its potential risks have been assessed, and that relevant response measures and other safety or risk control measures, relating to the innovative experimentation program, have been established;
7.That it has established protective measures for experiment participants and experiment stakeholders, and has advanced preparations in place for appropriate compensation, as required;
8.Any other matters, pursuant to the decision of the review meeting, that should be explained by the applicant.
Article 8
The competent authority shall complete the review within 60 days after accepting the application for the innovative experimentation, make a decision to approve or reject the application, and notify the applicant in writing of the decision. If the decision is to reject, the reasons for such a decision should be included.
If the applicant is notified by the competent authority to submit supplemental documents, the review period, as referred to in the preceding paragraph, shall start the day after the completed documentation is submitted.
When the competent authority approves an innovative experimentation, in accordance with the provisions of the first paragraph, it shall state the exemptions of applicable laws, regulations, orders, or administrative rules within the scope and during the period of innovative experimentation, and may adopt the following measures:
1.Adjust or amend the content of the experiment project;
2.Limit the eligibility criteria for experiment participants;
3.Additional conditions or responsibilities.
After the competent authority approves the application for the innovative experimentation, in accordance with the provisions of the first paragraph, the competent transportation authority shall, in accordance with the approved decision, undertake the operation process relating to the issuance of the license.
The regulations concerning the process for issuing relevant licenses, as mentioned in the preceding paragraph, shall be determined by the central transportation competent authority.
Article 9
The duration of an innovative experimentation, to which the competent authority approves, is limited to one year. The applicant may, 60 days before the expiration of the innovative experimentation period, submit an application including the reasons for the extension and a description of the specific results to date, to the competent authority for extension approval.
Extensions, as mentioned in the preceding paragraph, are limited to one time only, and such extensions shall not be longer than one year. However, if the central authority in charge of the end enterprises concerned determines in the review meeting that relevant laws should be revised due to the critical content and nature of the innovative experimentation, the number of extensions may be expanded, and the entire innovative experimentation period may be extended to a maximum of four years.
The competent authority shall, prior to the expiration of the existing approved period for the innovative experimentation, make a decision to approve or reject the application for extension, and shall notify the applicant in writing of the decision.
The provisions of Paragraphs 2 and 3 of the preceding Article apply mutatis mutandis to the conditions as described in the preceding paragraph.
Article 10
No change can be made to an innovative experimentation plan approved by the competent authority. However, if the desired changes do not involve critical elements of the experiment, and impose no significant impact on the rights and interests of experiment participants, the applicant may apply to the competent authority, and then make such change after obtaining a review and approval.
The competent authority shall notify the applicant in writing of the decision to approve or reject the application for the change. The provisions of Paragraphs 2 and 3 of Article 8 apply mutatis mutandis to the conditions as described in the preceding paragraph.
Article 11
During the period of innovative experimentation, the competent authority shall disclose the name of the applicant, the content of the innovative experimentation, the duration, scope, and the exemptions of applicable laws, regulations, orders or administrative rules, as well as other relevant information, on the website of the agency. The preceding provision also applies when the competent authority approves the applicant’s application to extend or change the innovative experimentations in accordance with the provisions of the preceding two Articles.
Article 12
The applications, reviews, approvals and on-site visits of innovative experimentations, submitted in accordance with the provisions of this Act, may be fee exempt.