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Chapter Law Content

Title: Railway Act CH
Category: Ministry of Transportation and Communications(交通部)
CHAPTER II Construction
Article 10
Nationwide railway network projects shall be drafted by the MOTC, ratified and announced by the Executive Yuan, and carried out in stages. Modifications shall be conducted in the same manner.
In case railway routes of the aforementioned ratified nationwide railway network projects fail to begin construction, local governments or citizens may apply to the MOTC for the ratification of construction and management of said routes.
Article 11
(Delete)
Article 12
In case it is necessary to have junctions or crossing-over with other railways ratified by the MOTC, railway institutions shall not decline.
Article 13
Railway gauge shall be set at 1.435 meters; special conditions ratified by the MOTC shall be exempted.
Article 14
Where railways and roadways intersect, three-dimensional crossings or railway-crossings shall be installed according to the volume of traffic.
The measures of planning, design, installation, modification, discontinuance, installation standards, expense allocation and other relevant matters of aforementioned three-dimensional crossings’ or railway-crossings’ protective facilities shall be provided by the MOTC.
Article 15
The mounds or bridges of railways that cross over rivers must not impede water transportation and the flow of water. In case of structures along riverbanks, such as dikes and dams, appropriate reinforcements shall be made to prevent danger.
Article 16
Railway construction shall commence and end within the deadlines ratified by the MOTC. If construction cannot commence or be completed within the deadlines, an application to the MOTC is required in order to ratify postponements of the said deadlines.
Upon completion of all or part of a railway construction, the proper authority shall report to the MOTC to execute the MOTC test and be ratified before being put into operation.
Article 17
Electricity enterprises shall be given priority for providing electricity to electrified railways; however, under the ratification of the central electricity authority, railway institutions may install part or all of their electricity generators, transformers, and transmission systems in voltage higher than railway demands.
The aforementioned wires of electricity transmission systems shall be selectively constructed overhead, underground, or underwater, exempted from land payments or rents. In case the necessary passing of wires through private land or structures that cause actual damage, railway institutions shall pay an appropriate compensation. For large construction, it shall also receive consent of the owners or occupants, and in case agreement cannot be reached, a decision shall be reached by the local governments.
Article 18
In the case of attaching pipes suspended on railway bridges, tunnels or railway land, laying pipes or trenches within railway land or through railway beds, engineering blueprints shall be presented to railway institutions for approval and the construction should be erected or personnel sent to assist its supervision by railway institutions. The construction and maintenance expenses of the pipes or trenches shall be paid by the owner or user of those facilities.
In the case of necessary demolishment or relocation of attached or laid pipes or trenches due to railway practices, the owner or user of the facility shall not refuse, and expenses shall be evenly divided between the railway institution and the owner or user of the facility.
Article 19
Technical specifications of railway build and train manufacture shall be provided by the MOTC.
Article 19-1
Products for railway applications, designated by the MOTC, shall be used in railways only after they have been tested or certified by the Testing and Certification Bodies recognized by the MOTC.
The categories and items of aforementioned designated products, as well as testing procedures or certification criteria thereof, shall be announced by the MOTC.
The regulation governing qualifications, recognition, withdrawal and abolishment of recognition, supervision, and other matters of compliance pertaining to the Testing and Certification Bodies mentioned in Paragraph 1 hereof, shall be prescribed by the MOTC.
Where bilateral or multilateral recognition agreements or conventions are signed between the Republic of China with other countries, regional organizations, or international organizations, the MOTC may accept test reports or certificates issued in accordance with the provisions set out in such agreements or conventions; the MOTC may also accept test reports or certificates in accordance with the relevant duties of the International Conventions.