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Chapter Law Content

Title: Highway Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 4. Safety Management
Article 58
To maintain highways and urban roads that are safe and unimpeded, highway authorities may, on roads with heavy traffic, assign special lanes for various vehicles according to practical needs, and should install signs, markings, signals, railings, traffic islands, and other traffic safety construction installations at dangerous or appropriate points.
Highway authorities shall pave special lanes on existing roads or use alternative roads as special lanes for bicycles and pedestrians according to the needs of bicycles and pedestrians.
Highway construction under the following conditions should be carried out along with obstacle-free sidewalks, pedestrian walking areas, or traffic calm zones within a certain range, and the same applies to those with arcades:
(1)The construction site overlaps with route sections shared by highways and urban roads.
(2)The construction site overlaps with route sections for medical institutions, schools, institutions, railway stations, MRT stations, or airports.
(3)The construction site overlaps with locations feasible for alternative passageway, densely populated areas, and road sections to locations designated by the highway authorities.
When established according to section 1 of the preceding paragraph, the sidewalk setting standards shall follow relevant standards under the Urban Road Act.
The location and implementation scope of Paragraph 3 shall be determined by the MOTC in conjunction with the Ministry of the Interior.
To ensure highway traffic safety, the MOTC should establish management standards for highway infrastructure safety and supervise municipal and county (city) governments handling inspections related to urban roads with the Ministry of the Interior.
Highway construction should comply with management standards for highway infrastructure safety, and should pass the highway safety inspection.
Article 59
To maintain roadbeds, driving safety, and landscape along highways, highway authorities may ask local county governments to conduct surveys, and announce prohibitions or restrictions on the construction and establishment of public or private buildings and advertisements within a given range, regardless of the restraints of land usage in respective districts under city plans. Existing buildings, advertisements, and other obstacles that have negative impacts on driving safety or landscape appearance may be requested to undergo modification within a time limit, or coercively demolished under the Act after consulting construction authorities, but owners shall be given equivalent compensation.
The construction prohibitions and restrictions under this article are enacted by the Ministry of Transportation and Communications jointly with the Ministry of the Interior.
Article 60
Vehicles that are prone to damage road surfaces or culverts may be restricted or prohibited. During highway maintenance periods, announcements or signs may be used to restrict or redirect vehicle passage.
Article 60-1
To construct or maintain highways and relevant facilities safely, highway authorities may dispatch officers who shall produce certificates and documents relating to their duties to be performed, or badges sufficient to establish their identity, to enter public or private land to conduct necessary checks or inspections. The owner, occupier, user or manager of the land shall not refuse, evade or interfere. But access to national defense facilities shall require the consent of the authority of the national defense facilities.
When it is necessary to use any facilities on the public or private land or enter fenced land for the checks and inspections mentioned in the preceding paragraph, the owner, occupier, user or manager of the land shall be noticed in written form of the checks and inspections seven days before the checks and inspections occur, and village chiefs or police officers shall also be asked to be present on site. But for emergencies or significant public hazards likely to occur in case of much delay, the notice may be sent later after access to the land or use of the facilities.
If any damage is caused by access to or use of the public or private land mentioned in the preceding two paragraphs, appropriate compensation shall be provided.
Article 61
The registration, testing, and issuing licenses of cars and trolley buses, and the registration, examinations, and issuing licenses of drivers and mechanics, are uniformly processed by the central competent roadway authority, and may be entrusted to relevant institution or organization.
For the institution and organization under the aforementioned paragraph, except as otherwise provided in Article 63, regulations which specify authorized items, authorized parties' qualifications, personnels, equipment standards, application approval procedures, necessary items stated in authorization contracts, fee charging criteria, management, supervision and the cease or termination of authorization shall be determined by the MOTC.
Military cars, except the vehicles in the military system under the regulations enacted by the Ministry of National Defense, shall comply with the provisions in the aforementioned two paragraphs.
Article 61-1
Car testings and driver license tests shall be made by the personnel who is qualified by exam and with certification.
Regulations regarding matters such as testing mode, category, qualifications, training, assessment and supervision and management for the aforementioned car testing and driver license test personnel shall be determined personnel by the MOTC.
Repairs of cars should be executed by the personnel with a car repair mechanic license or car repair technician certificate grade B or above.
Regulations regarding matters such as testing method, category, qualifications, training, assessment and supervision and management for the aforementioned car repair mechanic and technician shall be determined by the MOTC.
Article 62
Central highway authorities may establish training institutions to train automobile drivers, mechanics, test members, inspectors and directors, driver trainers, automobile construction lecturers, and road traffic management regulations lecturers in automobile driver training institutions; and the necessary training expenses may be collected from subordinate business institutions or trainees.
The aforementioned institutions may act under the commission of the training and assessment for the aforementioned staff by Central highway authorities.
Article 62-1
The establishment of private automobile driver training institutions should apply for sanction under highway authorities with complete establishment in the prescribed time period and recruit after the accreditation certificate is issued.
The administration of private automobile driver training institutions and standards for equipment, curriculum, and charges, assessment and supervision, and the regulations for the restriction, the official reprimand, taking corrective action within a requested time period, a halt to recruitment of students and revoking the accreditation of private automobile driver training institutions, shall be determined by the MOTC in conjunction with the Ministry of Education.
Article 63
Before conducting registration, testing and license registration, cars and trolleybuses shall comply with the safety testing standards provided by the MOTC, and shall approve the vehicle safety type-approval testing and certification and be issued safety type approval certificates.
Domestic manufacturers of cars and trolleybuses should possess complete motor vehicle safety testing equipment, and should carry out strict ex-factory testing. The testing equipment under this article may be entrusted for pre-licensing safety testing after verification and qualification by competent roadway authorities. Car repair shops and gas stations should possess complete motor vehicle safety testing equipment, and may be entrusted for periodical inspection after verification and qualification by competent highway authorities.
The aforementioned vehicle companies are entrusted for periodical inspection by competent highway authorities, which shall pay for the commission fees deducted from the inspection fees.
Regulations which specify safety testing standards, examination, quality consistence, applicants' qualifications, technology data and the validity period, type, form, audit, approval by testing institution, approval by examining institution, audit and supervision in connection with the safety type approval certificate mentioned in Paragraph 1 shall be determined by the MOTC.
Regulations regarding matters such as establishments' qualifications, conditions, application, examining equipment and personnel, fees charged, form of certificate, items stated in contract, check and supervision management in connection with the entrusted examining establishments mentioned in the provisions Paragraphs 2 and 3 shall be determined by the MOTC.
Article 63-1
Cars or trolleys buses which are sold by manufacturers and importers shall be recalled and corrected when the evidence was found that defects exists and driving safety is likely jeopardized.
Vehicles or trolleys buses which are sold by manufacturers and importers shall order to recall and correct within a requested time period when the defect might severely jeopardize the driving safety, and investigating and confirming by central competent roadway authority.
Regulations regarding matters such as safety investigation, recall, correction, supervision and management of cars or trolleys under this article shall be determined by the MOTC in conjunction with the Consumer Protection Commission, Executive Yuan.
Article 64
In the case of traffic accidents causing injury or death to passengers or other people, or damage or loss to money or property, automobile or trolley transportation providers shall be liable for the damage and compensate for it. However, the providers are not liable to pay damage compensation if it can be proven that the accident was due to force majeure or fault of the shipper or recipient of carried goods.
Damage compensation of damaged or lost goods under this article shall up to NTD 3000 per piece unless the shipper has declared and stated clearly about the quality and value of the goods, on the carry agreement before shipping.
The rule of damage compensation applicable to the injury or death of passengers or other people will be separately determined by the MOTC.
Article 65
Automobile owners shall have liability insurance under this article.
Trolley owners shall have liability insurance before applying to highway authorities for the issuance of license plates, under rates provided by the MOTC. Insurance premiums are set by the MOTC.
The operator of automobile transportation shall have liability insurance for passengers, and the minimum insurance coverage is set by the MOTC. Highway automobile transportation enterprise, metropolitan automobile transportation enterprise, and tourist bus transportation enterprise that fail to pay insurance premiums shall be fined at least NTD 100,000 but not more than NTD 500,000. Taxicab transportation business that fail to pay insurance premiums shall be fined at least NTD 3,000 but not more than NTD 30,000.
Article 66
In the case of involvement in traffic accidents causing major injury or death to passengers or by other people, in addition to taking the necessary first aid or other measures, and reporting to police authorities, the automobile or trolleybus transportation enterprises should also inform corresponding highway authorities of the course of events.
Article 67
Traffic accident appraisal and review shall be undertaken by the subordinate agency designated by the MOTC. But if the accidents occur in the administrative areas of municipalities, the traffic accident investigation and reconsideration shall be undertaken by municipality governments or the subordinate agency designated by the municipality governments, or may be entrusted to the subordinate agency designated by the MOTC.
The regulations which specify the appraisal and review of vehicle driving accidents mentioned in the preceding paragraph shall be enacted by the MOTC jointly with the Ministry of the Interior and the Ministry of Justice.