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Chapter Law Content

Title: Highway Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5. Incentives and Penalties
Article 68
(Deleted)
Article 69
The highway authorities may allow highway operation enterprises to operate passenger transportation route services with priority in the highways that the enterprise built.
This article also applies to special highways open to passengers and goods transportation.
Article 70
In addition to incentives under the Act, if deficits occur in newly established or newly developed routes, or in routes within remote districts, highway authorities may offer reward subsidies from highway operation charges, to automobile or trolley transportation providers whose operation or management conforms to government regulation standards.
Article 71
Highway operation enterprises violating any article from Articles 17 to 19 shall be fined at least NTD 30,000 but no more than NTD 90,000; and highway authorities shall also suspend their construction or business.
If the constructions of highway operation enterprises do not agree with the original plans or the enterprises operate poorly during construction or business operation, and the highway operation enterprises also fail to correct or improve by the deadline provided by highway authorities, or the constructions still do not agree with original plans or the enterprises still operate poorly even after correction or improvement, the highway operation enterprises shall be fined at least NTD 30,000 but not no more than NTD 90,000, in addition to compliance with Articles 20 and 23.
Article 71-1
Highway operation enterprises violating the fourth paragraph of Article 79 in investment, construction, business operation, fee collection and transfer shall be fined at least NTD 30,000 but no more than NTD 90,000, and shall be required to improve during the period specified by highway authorities; if the violating enterprises fails to improve in the specified period, highway authorities shall order to suspend their business.
Article 72
Unauthorized use or destruction of highway land or damage to highway facilities shall be subject to a fine of no less than NTD 60,000 and not more than NTD 300,000; The highway authority shall order the offender to restore the original condition, reimburse the restoration fees, or provide compensation.
In the aforementioned circumstances, if a written notice specifying a reasonable period for restoration to the original condition is given and the party fails to comply within the specified period, the highway authority may impose a fine of no less than NTD 60,000 and no more than NTD 300,000, and shall be subjected to fine per occurrence.
If piping or wiring agencies or other engineering agencies install pipelines or other public facilities and fail to maintain traffic or conduct repairs as stipulated in the applied-for and permitted engineering project plan, the agencies shall be fined at least NTD 30,000 but not more than NTD 150,000, and shall be requested to improve in a given period. If the required improvements are not made by the specified deadline, agencies shall be subjected to fine per occurrence.
Unauthorized construction on proposed highway land after promulgation and boundary marking and forbidding or restricting construction shall be demolished by highway authorities in joint with relevant authorities.
Article 73
Unauthorized vehicles driving on restricted or forbidden highways, causing damage to road beds, road surfaces, bridges or culverts shall be fined at least NTD 60,000 but no more than NTD 300,000; and highway authorities shall also demand the offender to restore the structure, reimburse restoration fees or compensate.
In the aforementioned circumstances, if, after being instructed in writing to restore the original condition within a specified period, the requirement is not fulfilled, the highway regulatory authority may impose fines ranging from over NTD 60,000 to under NTD 300,000, and such fines may be applied per occurrence.
Article 74
Those accused under articles 72 and 73 shall also be investigated if against criminal laws concerns do exist.
Article 74-1
Anyone who steal, destruction, or other unlawful means, jeopardizes the proper operation of vital highway facilities or equipment, shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than NTD 5,000,000 dollars may be imposed.
Those who commit the aforementioned offenses with the intent to jeopardize national security or social stability shall be sentenced to imprisonment not less than three years but not more than ten years; in addition thereto, a fine of not more than NTD 50,000,000 dollars may be imposed.
If the situations described in the preceding two paragraphs result in disasters, shall be subject to the punishment prescribed for such an offense by increasing it up to one half; If the offense results in death, shall be sentenced to life imprisonment or imprisonment for not less than seven years, and in addition thereto, a fine of not more than NTD 100,000,000 may be imposed; If the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than five years but less than twelve years, and in addition thereto, a fine of not more than NTD 80,000,000 may be imposed.
An attempt to commit the offenses set forth in paragraphs 1 and 2 is also punishable.
Article 74-2
For the core information and communication systems of crucial highway facilities or equipment, anyone who jeopardizes their normal operation through any of the following methods shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than NTD 5,000,000 may be imposed.
(1)A person who gains access into another person’s computer or related equipment by entering the password of another person's computer account, cracking the protective measures for using the computer or exploiting the loophole of the computer system without any reason.
(2)A person who without reason interferes, through the use of computer programs or other electromagnetic methods, with the computer or relating equipment of another person.
(3)A person without reason obtains, deletes or alters the magnetic record of another’s computer or relating equipment.
This also applies to a person who makes computer programs specifically for himself or another to commit the offense set forth in the preceding paragraph.
Any person, who intends to endanger national security or social stability and commit the offenses set forth in paragraphs 1 and 2, shall be sentenced to imprisonment for a term of not more than three years but less than ten years; in addition thereto, a fine of not more than NTD 50,000,000 may be imposed.
Where any of the situations specified in the preceding three paragraphs results in a disaster, the punishment will be increased by half; where the situation results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years, and in addition thereto, a fine of not more than NTD 100,000,000 may be imposed; where the situation results in serious injury, the offender shall be sentenced to imprisonment for not less than five years but less than twelve years, and in addition thereto, a fine of not more than NTD 80,000,000 may be imposed.
An attempt to commit an offense specified in paragraphs 1 to 3 is punishable.
The scope of the important highway facilities and equipment mentioned in the first paragragh and the preceding article's first paragraph shall be announced by the MOTC.
Article 75
Automobile owners who fail to pay automobile fuel charges as regulated shall be notified by highway authorities to pay within a time limit. Owners who fail to pay fuel charges of NTD 900 and above shall be fined between NTD 300 and NTD 3000. In addition, vehicle alterations or vehicle license plate renewals shall be suspended.
Article 76
Highway authorities shall not accept any applications for registration, inspection or license reissue or issuance filed by automobile or trolley owners who do not have liability insurance, and the trolleys which are already licensed shall be invalidated.
Driving a trolley without liability insurance shall result in its owner being fined at least NTD 3,000 but not more than NTD 30,000, and the trolley shall be prohibited from further driving.
Article 77
Automobile or trolleybus transportation enterprises that violate the mandates enacted under Paragraph 5 of Article 79 of this Act shall be fined between NTD 9000 and NTD 90,000. Highway authorities may also, according to circumstances, distrain the proprietor's business vehicle license plates between 1 to 3 months, suspend part or all of the proprietor's business within a certain period and revoke the illegal business vehicle license plates, or report to the MOTC and request cancellation of the proprietor's automobile transportation business license, as well as revoke all the proprietor's business vehicle license plates.
Those who manage an automobile or trolleybus transportation enterprise without applying for sanction under this Act shall be fined between NTD 100,000 and NTD 25,000,000 depending on the seriousness of the violation. Highway authorities will also be order the proprietor to terminate the business, distrain the owner’s license plates as well as the driver license of any driver of an illegally operating vehicles for 4 to 12 months, or revoke the proprietor's vehicle license plates and the driver license, and shall not be re-issued a new license or allow to apply for a new driver license for 2 years.
Taxicab transportation services that violate the mandates enacted under Article 56 of this Act will be fined between NTD 30,000 and NTD 90,000. Highway authorities shall consider the violation situation and then decide whether to suspend the business, distrain the license plates of illegally operating vehicles for 6 to 12 months, or invalidate the proprietor's vehicle license plates. Those who manage a taxicab transportation service without applying for sanction under this Act shall be fined between NTD 100,000 and NTD 25,000,000 depending on the seriousness of the violation, as well as ordered to terminate the business.
Private automobile driver training institutions that violate the mandates enacted under Article 62-1 of this Act must take corrective action within the mandated time period, halt the recruitment of students or have their accreditation revoked. If private automobile driver training institutions accreditation is revoked, the addresses and the owners of the institutions cannot apply for a private automobile driver training institution for one year.Those who manage a private automobile driver training institution without applying for sanction under this Act shall be fined between NTD 50,000 and NTD 150,000. Highway authorities will order the termination of the business, distrain the license plates of illegally operating vehicles for 2 to 6 months, or revoke the proprietor's owned vehicle license plates with no opportunity for, re-issue for one year.
In case the vehicle license plates revoked under the provisions in the first, second and preceding paragraphs are not returned by the vehicle owners, highway authorities shall invalidate the license plates concerned. The same standard shall be applied to the driver license revoked under the provisions in the second paragraph.
Article 77-1
If manufacturer's manufacture or importer import trolley buses or cars against the content of the Safety Type Approval Certificate which is applied according to Paragraph 1 of Article 63, or the certificate owner offers the safety approval certificate for use by another person, the competent roadway authorities may order the owner to improve within a requested time period. If the owner fails to improve within the time, the competent roadway authorities shall revoke entirely or in part of safety type approval certificate.
If a safety type approval certificate has been revoked with respect to the regulation specified in of this Article, the manufacturer, importer and the registered company address cannot apply for the vehicle safety type approval certificate or examination for 3 years. The above issues shall be recorded in the appendix of the land registration for the registered company address.
If a manufacturer or importer of trolleys and cars uses a safety type approval certificate without authorization, or counterfeits or forges the Type Approval Certificate Document, that entity shall be suspended coercively, and the vehicle registration plates shall be canceled. Each vehicle shall be fined from NT 50,000 to NT 200,000 by the competent roadway authorities for which an unauthorized safety type approval certificate was used. In cases of counterfeiting or forgery of the safety type approval certificate, the competent roadway authorities shall provide the information to the relevant authorities for investigation.
If an inspector under commission of vehicle inspections goes against the regulations according to Paragraphs 2 and 3 of Article 63, the competent roadway authorities may order the owner to improve within a requested time period, to suspend he/she from vehicle inspections from 1 month to 1 year, or to abolish his/her vehicle inspection business license. If the owner has been subject to abolishment of the vehicle inspection business license, the inspector company and the registered company address cannot apply for a vehicle inspection business for 3 years. The above issues shall be recorded in the appendix of the land registration for the registered company address.
If the owner fails to comply with the recall and correction according to Paragraph 2 of Article 63-1, the owner shall be fined from NT 300,000 to NT 1,500,000 and penalties may be repeatedly charged. When necessary, the business of violation manufacture, import or sale should be suspended.
Article 77-2
Inspectors, testers, or mechanics who violate this Act, according to the situation, shall be suspended from their business from 3 months, to 1 year, or be subject to termination of the certificates.
In cases where inspectors, testers, mechanics lend or rent their certifications to another person, the competent roadway authorities shall terminate those certificates.
Inspectors, testers, or mechanics whose certificates have been terminated cannot apply for the certification exam for the same kind within 3 years.
Inspectors, testers, or mechanics that cheat in the exam shall be subject to termination of their certificates and cannot apply for the same kind of certification exam within 5 years.
Article 77-3
Business transportation vehicles that violate this Act shall be fined at least NTD 9,000 but no more than NTD 90,000. Repeat violators shall not only be fined but also, according to the circumstances, be subject to distrain of the business vehicle license plates for 1 to 3 months.
Drivers who violate the rules released by Paragraph 2 of Article 56-1 may be subject to impoundment by the plot related documents for 10~30 days, or revocation, or stop requisitioned within a certain time period by civil aviation airport competent authority.
Commercial passenger vehicles with permissions suspended under the above for less than two years are forbidden to enter civil airport for business operations.
Article 78
Fines under this Act are carried out by corresponding highway authorities, and if ineffectively administered, may be transferred to the court for coercive administration. Penalties such as distrain or invalidation of automobile or trolley license plates under this Act, are not exempted from administration because of automobile or trolley experiences ownership transfer, lease, or termination of lease.
Article 78-1
Members of the general public shall submit factual accounts, evidence, and information regarding any person who manages an automobile transportation enterprise or taxicab transportation services without applying for sanction under this Act to competent highway authorities. The identity of the informant will be kept confidential. If the competent authority verifies that the information is true and impose fines; as the fines reach specific amounts, the authority may allot specific percentage of the actual collected fines as a reward to the informant(s).
The regulations of this article shall be determined by the MOTC.