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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 00:28
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Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
Chapter III Proceedings for Traffic Adjudication Cases
Article 237-1
Traffic adjudication cases regulated by this Act refer to the following matters:
1. A litigation of revocation or a litigation for declaratory judgment initiated against the decisions made pursuant to Article 8 and Paragraph 6 of Article 37 of the Road Traffic Management and Penalty Act;
2. A joint claim demanding for retrieval of the paid administrative fine, withheld driver license, taxi driver business registrations or vehicle license plates, that are related to the decision provided in the preceding Subparagraph.
Where a litigation other than the litigations provided in the preceding Paragraph is initiated jointly, such litigation should be governed by the respective summary proceeding or ordinary proceeding.
Article 237-2, Article 237-3, Paragraphs 1 and 2 of Article 237-4 shall apply mutatis mutandis to the circumstances provided in the preceding Paragraph.
Article 237-2
Traffic adjudication cases shall be adjudicated by the district administrative courts at the place of the plaintiff's residence, place of short stay, or place of current presence, or the place where the illegal acts were committed.
Article 237-3
Traffic adjudication cases shall be initiated, in the district administrative court with jurisdiction, against the administrative agency that made the administrative act.
Litigation to revoke an administrative act in traffic adjudication cases shall be initiated within the thirty-day period of the service of the administrative act.
In the litigation referred to in the preceding Paragraph, if the administrative agency that made the administrative act fails to notify the plaintiff or makes a wrong notification, causing the plaintiff to file a complaint with the administrative agency that made the administrative act within thirty days of the service of the administrative act, it shall not be considered a violation of the thirty-day requirement. The administrative agency receiving the complaint shall immediately transmit the complaint to the administrative court that has the jurisdiction.
Article 237-4
After receiving the complaint as provided for in the preceding Article, the district administrative court shall serve a duplicate copy of the complaint on the defendant.
The defendant shall re-examine the lawfulness and appropriateness of the original decision within twenty days after receiving a duplicate copy of the complaint and take the following actions:
1. Where the plaintiff initiates litigation for revocation, if the defendant finds that the original decision is unlawful or inappropriate, the defendant shall revoke the original decision or amend the initial decision on its own but shall not render a decision that is more disadvantageous to the plaintiff;
2. Where the plaintiff initiates litigation for a declaratory judgment, if the defendant finds that the original decision is invalid or unlawful, the defendant shall so declare;
3. Where litigation demanding the performance of certain obligations is initiated by the plaintiff, if the defendant finds that the plaintiff's claim has merits, the defendant shall immediately perform the obligations; and
4. After re-examining the case, if the defendant determines not to take the measures as requested by the plaintiff, the defendant shall submit an answer together with the re-examination records and all other necessary relevant documents to the district administrative court that has jurisdiction.
Where the defendant has taken measures per Subparagraphs 1 to 3 of the preceding Paragraph, the defendant shall promptly inform the district administrative court that has jurisdiction. Where the defendant has taken every measure requested by the plaintiff before the first-instance final decision takes effect, it shall be deemed that the plaintiff has voluntarily dismissed the case when the defendant informed the administrative litigation division of the district court with jurisdiction.
Article 237-5
Court costs will be collected for traffic adjudication cases in accordance with the following rules:
1. In initiating a litigation, court costs of NTD 300 shall be collected;
2. In initiating an appeal from judgment, court costs of NTD 750 shall be collected;
3. In initiating an appeal from ruling, court costs of NTD 300 shall be collected;
4. In initiating a rehearing, court costs shall be collected in accordance with Subparagraphs 1 and 2 based on the respective instance of the court with which the action is initiated; in initiating a rehearing against a ruling with binding effect, court costs of NTD 300 shall be collected; and
5. In initiating the motions in accordance with any of the Subparagraphs of Article 98-5 of this Act, court costs of NTD 300 shall be collected.
For the cases of a voluntarily dismissal of case as provided in Paragraph 3 of the preceding Article, the court shall return on its own initiative the court costs that were paid.
Article 237-6
If a case, or part of it, falls outside the category of traffic adjudication cases due to an amendment or addition to the plaintiff's claim, the district administrative court shall adjudicate the case through small claims or ordinary proceedings. If the court has no jurisdiction to conduct an ordinary proceeding, the case shall be transferred through a court ruling to a high administrative court with jurisdiction.
Article 237-7
A decision of traffic adjudication cases may be rendered without conducting oral argument.
Article 237-8
When the administrative court renders a decision on litigation expenses, the amount of expenses shall be determined.
In the circumstances provided in the preceding Paragraph, the administrative court may order the parties to submit the document calculating the expenses and the document explaining the expenses.
Article 237-9
The provisions concerning small claims proceedings shall apply mutatis mutandis to traffic adjudication cases unless otherwise provided in this Chapter.
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