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Title: Road Traffic Management and Penalty Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter VI Supplementary Provisions
Article 85
With regard to the penalties of this Act, if the person who is punished for the reported violation of road traffic management believes that the reported violation should be attributed to another person, he/she should inform the punishing authority of the person who should be attributed to by attaching relevant evidence and the relevant documents of the person who should be attributed to, and submit by the date of the notification of the report of the reported violation of road traffic management, and the punishing authority shall immediately notify the person who should be attributed to, to come to the court for further action. The punishing authority shall notify the person to be held liable to appear in the case and deal with the case in accordance with the law. Failure to comply with the requirements after the expiry date shall still be punished in accordance with the provisions of this Act for the violation of the terms and conditions.
Where the penalty imposed under this Act is the suspension or revocation of the license of a vehicle, it is not exempted by reason of the transfer of title to the vehicle, the pledge, the leasing of the vehicle to another person, or the termination of the leasing relationship after the penalty is imposed.
In cases where a direct report is made or a fine is imposed on another person in accordance with the provisions of this Act, it is presumed that the person to whom the direct report is made or such other person is negligent.
Article 85-1
Car drivers, owners, dealers, or repair shops which violates the regulations prescribed in Paragraph 1 of Article 56 or Article 57 and fails to make corrections in compliance with the orders given by traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations after citation may be cited repeatedly.
Violations of the same provisions of this Act, which citation as detailed in Article 7-2, under the following situations, violators may be cited repeatedly:
1.The cited car travels at a speed above the maximum limit or below the minimum limit or under the circumstances of Paragraphs 1 and 2 of Article 33, and the distance between two continuous citations is more than 6 km, detection time between two continuous citations is longer than 6 minutes, or passing more than one intersection; with the exemption of violations occurring in a tunnel.
2.The cited car has the situations detailed in Paragraph 1 and 2 of Article 56 or Article 57, and the car driver, owner, dealer, or repair shop is not at scenes or unable to move the car for more than 2 hours.
Article 85-2
For vehicle owners or drivers who should be prohibited from passing, driving under this Act, traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations shall enforce the above prohibitions at the time of detection and shall directly move and detain said vehicles if necessary.
In the circumstances described in the above paragraph, vehicle owners or entrusted third parties may reclaim the vehicles with custody receipts and vehicle licenses after the cause for such custody has expired. If the vehicle in question matches the circumstances detailed in Article 35 of this Act, payment receipt of the fine shall be attached. However, should the violation be a first offense and have not resulted in an accident, a proof of payment by installments may be used instead.
If the vehicle that has been relocated and kept in accordance with Article 35 belongs to rental car dealers, the vehicle owner could inspect the lease contract, the name of the illegal driver and the address, and take the vehicle back.
Article 85-3
With respect to the removal and detention specified in Paragraph 3 and 4 of Article 12, Article 35, Paragraph 1 and 2 of Article 35-1, Paragraph 4 of Article 56,Paragraph 2 of Article 57, Paragraph 6 of Article 62, Paragraph 2 and 3 of Article 71-1, Paragraph 1 of 72-2, Paragraph 2 and 3 of Article 73, and the first paragraph of the preceding Article, a traffic police officer or an officer who is ordered to perform traffic inspection duties may directly transfer or detain a vehicle, and a traffic assistant may directly carry out the transfer under Paragraph 4 of Article 56. The said removal or detention may be handled by private tow trucks by contract.
The owner of the vehicle may be charged a removal fee and a storage fee for the removal or detention of the vehicle. If the vehicle owner fails to pay the fees, he/she shall be required to pay them.
If the owner of the vehicle mentioned in the first paragraph has been notified of the transfer, custody or detention of the vehicle and the vehicle has not been claimed by the deadline or the owner cannot be identified, and if the vehicle has been posted for three months but still has not been claimed, the vehicle shall be sold by the custodian agency of the vehicle at an auction. The proceeds of the auction shall be deposited in accordance with the law after deduction of fines, transfer fees, storage fees, and other necessary expenses incurred in violation of the Act.
The unclaimed vehicles announced in the preceding paragraph shall be removed in accordance with the provisions of the Waste Disposal Act and its related regulations if they meet the criteria for identification of abandoned vehicles.
Vehicles or other objects subject to forfeiture under the Act may be auctioned, destroyed, or removed in accordance with the Waste Disposal Act and its related regulations, as determined by a judgement or adjudicator.
The methods of removal and storage, collection of fees, public auction, and transfer for disposal in the preceding five paragraphs shall be determined by the MOTC and the MOI at the central level, and by the municipal and county (city) governments under the direct jurisdiction of the local government in accordance with their respective powers and responsibilities.
Article 85-4
Should a person with the age of 14 or younger and violate the regulations provided by this Act, punishments shall be imposed on said person’s legal representatives or guardians.
Article 85-5
Violation of Article 85-2 or Article 85-3, the mass rapid transit system vehicle shall be moving or detention, before doing that should notify the operator.
Article 86
In one of the following cases, if the driver is criminally liable under the law for causing injury or death, the penalty may be increased by up to one-half:
1. Operating the vehicle without a driver’s license.
2. Driving while the driver's license is revoked, cancelled or suspended.
3. Driving under the influence of alcohol.
4. Driving under the influence of drugs, psychedelics, narcotics or similar controlled substances.
5. Failing to give priority to pedestrians when driving on pavement, near pedestrian crossings, or at other intersections where pedestrians can cross according to the law.
6. Driving at a speed exceeding the maximum speed limit by 40 kilometers per hour.
7. Arbitrarily forcing another vehicle to yield the right-of-way by approaching, changing lanes abruptly or other improper means.
8. To slow down, brake, or stop in the middle of the lane at any time, except in case of emergency.
9. Racing with other motor vehicles on the road.
10. Continuously running through red lights and speeding.
If a pedestrian or a slow-moving vehicle enters the fast lane without following the regulations, thus causing the driver who was driving in the fast lane in accordance with the regulations to cause injury or death, the driver shall be held criminally liable according to the law, but the sentence may be reduced.
Article 87
Violators who do not accept the punishments imposed by the authorities as detailed in Article 8 or Paragraph 6 of Article 37 may challenge the punitive authority as a defendant in the administrative litigation court under the district court of jurisdiction. Such revocation proceedings must begin within 30 days of the original ruling being served.
Article 88
(annulled)
Article 89
(annulled)
Article 90
Behaviors in violation of this Act shall not be subject to reporting if more than 2 months have passed since the violation. If the behavior violating the Act reoccurs or is continuous in nature, it shall not be subject to reporting if more than 2 months have passed since the violation ended. However, in the event of an accident involving injuries or deaths for which the responsibilities cannot be determined and for which investigations have begun, the calculation for the aforementioned 2 month period shall begin from the day on which the investigations have been closed. If the above-mentioned accident does not go through investigation yet requires analysis and examination, behaviors in violation of the Act shall not be subject to reporting after 3 months of its occurrence.
Article 90-1
Drivers of slow-moving vehicles or pedestrians who fail to take road traffic safety lessons in accordance with regulations shall be fined from NT$600 to NT$1,200.
Article 90-2
(annulled)
Article 90-3
Competent roadway authorities, competent municipal roadway authorities, or police authorities may, as long as it does not impact safe passage or result in traffic concerns, shall establish parking spaces for motorcycles or slow-moving vehicles by signs or markings within the range of 10 meters near circles, crosswalks, or intersections.
Competent roadway authorities, competent municipal road authorities, or police authorities may, as long as it does not impact safe passage or result in traffic concerns, set up right of way for slow-moving vehicles on sidewalks by signs or markings when necessary.
Article 91
The institutions or persons listed below shall be rewarded; regulation regarding the said rewards shall be determined by the MOTC, the MOI and in conjuction with related authorities:
1. Schools, media, or public and private driving schools that contribute significantly to the promotion of traffic safety.
2. Those who report vehicles that caused an accident , , assist in first aid, or care for persons injured in accidents caused by a vehicle. .
3. Drivers with excellent driving records.
4. Those who accuse others with behavior detailed in Subparagraph 1, 2, 3, 4 of Paragragh 1 of Article 43 upon confirmation a violation.
Article 92
Regulations on the classification of vehicles, application for car license plates, change registration, management regulations, tonnage of car loading, approval of seating and standing capacity, items and criteria for car inspection, inspection frequency, driver license tests, renewal and issuance of driver’s license, period of validity for driver’s license and registration, loading, driving, changes to car equipment, scope of powered machinery, driver’s qualifications and driving, traffic lanes designation, application for mini electric two-wheel vehicle license plates changing registration, management regulations, pedestrian crossings, roadway obstructions, and other matters of road traffic safety shall be determined by the MOTC in conjunction with the MOI.
Motorcycles are prohibited from driving on freeways. However, large and heavy motorcycles with a cylinder capacity of 550 cubic centimeters may be driven on highways according to the road sections and time periods stipulated by the MOTC. The driver shall have a driver’s license to drive a large heavy motorbike with a cylinder capacity of 550 cubic centimeters or more for at least one year, and a driver’s license to drive a small car.
Road authorities may charge a fee for road traffic safety lectures. The MOTC in conjunction with the MOI, shall decide on the target audience, the terms and conditions of the road safety lectures, the manner, content, timing, hours, implementation unit, fee standard and other related matters.
The MOTC in conjunction with the MOI, shall determine the criteria for the imposition of fines, the number of citations or minor violations, the payment of fines, the number of points to be recorded, the number of points and the procedures for notification, the procedures for presenting opinions or rulings to the fining authority, the conditions for applying for payment by instalments, the number of instalments, the treatment of failure to comply with the deadline, the provisions for the treatment by instalments, the payment authority, and the details of the handling of other related matters.
The MOI in conjunction with the MOTC and the MOHW, shall decide on the methods of dealing with the driver of a road traffic accident, the act to be dealt with by the person who caused the accident, the rescue, control and diversion of injuries at the scene, the detention, transfer and return of the vehicle involved in the accident, the investigation and handling of the accident, and the methods of handling other matters.
Unless otherwise provided for in this Act, the regulations on driving and penalties for large and heavy motorcycles shall be similar to those for small motorcycles. The MOTC in conjunction with the MOI, shall determine the driving license examination and driving regulations.
If a driver of a large heavy motorcycle with a cylinder capacity of 550 cubic centimeters commits any of the following acts on a motorway, the driver shall be fined from NT$3,000 to NT$6,000:
1. Driving on sections of roadways not expressly permitted.
2. Failing to drive during the expressly permitted hours.
3. Failing to comply with the requirements of the second paragraph even with a driving license.
4. Driving side-by-side in a single lane, overtaking, or failing to use the shoulder as required.
5. Carrying people or goods in a manner that violates regulations.
6. Failing to wear a helmet.
If the driver of a large heavy motorbike with a cylinder capacity of 550 cubic centimeters violates the provisions of paragraph 4 of the preceding paragraph, or the driver of such motorcycle traveling on a motorway commits an act referred to in paragraph 4 of the preceding paragraph, he/she is liable for a fine of NT$6,000.
Public/private organizations, corporations or groups may be commissioned to conduct road safety lectures. The MOTC shall determine the relevant qualifications, application procedures, equipment and personnel, fees, license forms, items to be recorded in the contract, verification and supervision, and other matters and methods.
Article 92-1
When the punitive authorities rule on whether to suspend, revoke, or cancel the license of a professional driver, they may send a written or other notice to the owners of the responsible cars under the request of the driver’s employers.
Article 93
The effective date of this Act shall be determined by the order of the Executive Yuan.