Chapter 6 Security
Article 40
1.The local competent authority of the mass rapid transit system shall establish a dedicated traffic police department to maintain order along the routes, at depots,at stations and operation of the mass rapid transit system to ensure passengers’ safety; meanwhile, the local competent authority shall take responsibility for directing and supervising the traffic police on duty.
2. For the mass rapid transit system adopting a non-exclusive right-of-way and sharing road lanes with other vehicles, traffic management shall be regulated following the Road Traffic Management and Punishment Code and its relevant regulations.
Article 41
1. The operation organization of a mass rapid transit system shall properly manage and maintain the carriages, route, depot and station facilities, and shall prepare emergency escape equipments and facilities necessary for passengers’ safety. The inspection and maintenance of carriages and devices must be implemented strictly in compliance with regulations.
2. The operation organization of a mass rapid transit system shall submit special safety measures for facilities and operations to the local competent authority for ratification if necessary.
Article 42
The operation organization of a mass rapid transit system shall carry out effective training and management of drivers, and makes sure they can specifically understand and strictly implement relevant legal requirements. The skill and the physical and mental situation of drivers shall be examined regularly and irregularly. Those drivers who are unqualified shall be suspended from their jobs, or changes to different positions.
Article 43
The operation organization of a mass rapid transit system shall collect information, do research, and analyze causes of accidents, and undertake accident prevention measures.
Article 44
1. The operation organization of a mass rapid transit system shall establish signs in appropriate locations to show security requirements, and passengers shall follow the instructions of operation personnel while taking the mass rapid transit system.
2. Any vehicles or personnels that do not belong to the mass rapid transit system are not permitted to enter the routes, bridges, tunnels and culverts of the mass rapid transit system, and non-public access places or buildings in the station areas of the mass rapid transit system. However, the mass rapid transit system without a fully independent right-of-way shall be regulated in accordance to Paragraph 2 of Article 40 of this Act.
3. Except via overpasses or underground passages, passengers shall not cross any mass rapid transit system routes which adopt a fully independent right-of-way.
Article 45
1. To establish and maintain facility safety, after obtaining route plan ratification from the Executive Yuan, the competent authority of the mass rapid transit system shall inspect and demarcate construction limitations on both sides of the mass rapid transit system route, and announce construction prohibitions and the range of the restricted areas in conjunction with the local competent authorities at municipal or county (city) levels. The relevant legal restrictions on land use shall not apply.
2. The construction prohibitions or the ranges of restricted areas which have been announced shall be amended or abolished by the competent authority in compliance with regulatory processes when their contents change, or the reasons for them are eliminated.
Article 45-1
1. The following behaviors are prohibited in the restricted areas except for the establishment of other facilities of the mass rapid transit system, connecting facilities, or designed buildings:
(1) Construction of buildings
(2) Building of construction facilities
(3) Establishment of advertising structures
(4) Stacking of obstacles
(5) Land excavation
(6) Any construction behaviors which may impede the facilities operation or the traffic safety of the mass rapid transit system
2. With regard to the buildings, engineering facilities, advertising structures and other obstacles which are under construction or already existence within the construction prohibition areas and which may impede the facilities operation or traffic safety of the project concerned, the competent authority shall consult with the relevant organizations to set a time limit for modification or removal thereof by the owner. Failure on the part of the owner to comply within the given time limit will result in compulsory removal. Compensation shall be made for legal buildings, construction facilities or advertising structures in accordance with regulations for relocation compensation for public construction land which are adopted by the local municipal or county (city) competent authorities.
Article 45-2
1. With regard to the buildings, constructions, advertising structures, obstacles, land excavations, or other construction behaviors within the range of a restricted areas which may impede the facilities operation or traffic safety of the mass rapid transit system, the required documents shall be submitted for ratification by the management organization and the competent authority while applying for a construction license or permit. Where the competent authority is conferred the power of discretion in rendering an approval or permit, it may add provisions incidental thereto.
2. Where the competent authority verifies the construction behaviors referred to the preceding paragraph shall impede the facilities or operational safety of the mass rapid transit system, it shall inform the management organization to request the applicant to change the construction design, construction methods or take other suitable measures.
3. The competent authority may inform and request the constructor, proprietor or supervisor to suspend work when the behaviors referred to the preceding first paragraph are verified to impede the facilities operation or traffic safety of the mass rapid transit system. If necessary, the competent authority shall request the assistance of police or the authority in charge of construction within the jurisdiction, and inform and request the management organization to improve, amend or remove within a given time period.
4. The constructor, proprietor and supervisor of the construction behaviors which damage the facilities or impede the operation safety of the mass rapid transit system referred to the preceding paragraph shall be bound to restore the situation to its original condition or make compensation.
Article 45-3
The regulations for the demarcation, announcement and amendment of the range of construction prohibitions and restrictions; the prohibited behaviors and the process of compensation for removal in the construction prohibition areas; the controlled behaviors and controlling requirements of the restricted areas; the application for and verification of construction, construction management and cessation notice of building structures, construction structures of facilities, advertising structures, or other construction behaviors in the restricted areas; and the issues of restitution and restoration for damaging mass rapid transit system facilities referred to the preceding three articles shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of Interior.
Article 46
1. The operation organization of a mass rapid transit system shall be responsible for personal death or injury of passengers, and damage or loss caused by trains or other accidents.
2. The operation organization of a mass rapid transit system shall pay for, at its discretion, consolation or medical aid subsidy for death or injury victims, even when the operation organization is not responsible for the train accident referred to the preceding paragraph. However, the above mentioned circumstance does not apply if the accident is caused by the victim intentionally.
3. The regulations for the payment for consolation and medical aid subsidy referred to the proceding paragraph shall be prescribed by the central competent authority.
Article 47
1. The operation organization of a mass rapid transit system shall purchase liability insurance for passengers in accordance with insured amounts designated by the central competent authority. The insured amount shall be paid with guarantee deposits.
2. Regulations for the insured amounts, guarantee deposits, and other relevant issues referred to the preceding paragraph shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.