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

Print Time:2024/11/22 08:35
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Chapter Law Content

Title: Railway Act CH
Category: Ministry of Transportation and Communications(交通部)
CHAPTER VII Penalties
Article 65
Persons conspiring to profit by purchasing and reselling train tickets, or exchanging train tickets shall be fined five to thirty times the ticket price for each ticket. Selling ticket reservations for profit shall be fined in the same manner.
The purchasing of tickets, obtaining reservations by illegal ways such as inputting false data or incorrect information into a (train system) computer or its relevant equipment shall be punished by imprisonment for not more than five (5) years and/or a fine of not more than NT three Million Dollars (NT$3,000,000).
Article 66
In case of any of the following, local, private, and special railways shall be fined a minimum NT$ 1,000,000, not to exceed NT$ 5,000,000:
(1) Violation of the regulations in Paragraph 2 of Article 3, construction, extension, transfer or management without ratification.
(2) Violation of the regulations in Paragraph 2 of Article 16, operating without a MOTC ratification.
(3) Violation of regulations in Article 35, implementation without ratification, or not following the ratified transportation price.
(4) Stopping operation not due to inevitable cause
Concerning the situation mentioned in Section 1 or 2, local, private, and special railways shall be ordered to immediately terminate building, extension, transfer or operation. In case they don’t obey, they should be punished daily, and their registration abolished. Concerning the situation as mentioned in Section 3, private, and special railways shall be ordered to immediately correct , in case they do not obey, violators will be punished daily, and their partial or entire railway operation discontinued, or a their registration abolished. Concerning the situation as mentioned in Section 4, violators shall be ordered to immediately restore operation, in case of not obeying, violators shall be punished daily until the restoration of operation, or their registration is abolished.
Article 66-1
Railway institutions or special railways approved to operate passenger and freight transportation shall be fined in the amount of NT$600,000 or more but no more than NT$3,000,000 in case of any of the following circumstances:
(1) Violation of the regulations in Article 56-1, Paragraph 3, or Article 56-1, Paragraph 3 applying mutatis mutandis to Article 64 regarding the inspection and maintenance work to be conducted on the foundations, tracks, bridges, electricity equipment, or operational safety equipment, as well as the record to be made.
(2) Violation of the regulations in Article 56-2, Paragraph 2 or Article 56-2, Paragraph 2 applying mutatis mutandis to Article 64 regarding the inspection and repair work to be conducted on locomotives and vehicles, as well as the record to be made.
(3) Violation of the regulations in Article 56-3, Paragraph 2, or Article 56-3, Paragraph 2 applying mutatis mutandis to Article 64 regarding the daily patrol, inspection and maintenance, operation of routes, lines, equipment, signaling blocks to be conducted, and other matters to be followed in the course of railway operation, or the examination to be conducted on railway operational personnel before they go on duty.
(4) Violation of the regulations in Article 56-4, Paragraph 2 or Article 56-4, Paragraph 2 applying mutatis mutandis to Article 64 regarding the inspections of railway operational personnel to be conducted or the assignment of inspected and qualified personnel to execute railway operational work.
(5) Evasion of, obstruction of or refusal to cooperate by railway institutions or their employees in the review or an investigation conducted by the Railway Bureau as referred to in Article 56-6, Paragraph 4 or of Article 56-6, Paragraph 4 applying mutatis mutandis to Article 64, or refusal to provide or conceal or destroy relevant records, facilities, equipment, information or articles.
In the event of one of the various circumstances in the preceding paragraph, railway institutions or their employees shall be ordered to make improvements within a prescribed time limit, and may have an aggravated fine up to one-half of the maximum fine in the preceding paragraph imposed for their failure to make such improvements within the prescribed time limit; in the event of serious violations, part or all of their operations shall be suspended.
Article 67
Railway institutions or special railways shall be fined in the amount of NT$300,000 or more but no more than NT$1,500,000 in case of any of the following circumstances:
(1) Violation of the regulations in Article 16, Paragraph 1 on the failure to commence and complete the works pursuant to the prescribed deadlines.
(2) Violation of the regulations in Article 32, Paragraph 1; Article 40, Paragraph 1; or Article 32 applying mutatis mutandis to Article 44; or Article 40, Paragraph 1 applying mutatis mutandis to Article 44-1 on failure in reporting.
(3) Violation of the regulations in Article 34, or Article 34 applying mutatis mutandis to Article 44 regarding the employment of foreign workers without approval.
(4) Violation of the regulations in Article 36, Paragraph 6; Article 40, Paragraph 1; Article 41; or Article 36 applying mutatis mutandis to Article 41-1; Article 40, Paragraph 6; Article 41, Paragraph 1; or Article 56-6, Paragraph 3 applying mutatis mutandis to Article 56-6, Paragraph 3 or Article 64 on the failure to make improvements after being notified thereof within the prescribed time limit.
(5) Violation of the regulations in Article 40, Paragraphs 4 or 5; Article 41, Paragraph 2; or Article 40, Paragraphs 4 or 5 or Article 41 Paragraph 2 applying mutatis mutandis to Article 44-1.
(6) Violation of the regulations in Article 38, Paragraph 1, Subparagraph 2 or Article 38, Paragraph 2 on operating passenger and cargo transportation without approval as well as other ancillary businesses other than those within its business scope.
(7) Violation of the regulations in Article 39, Paragraph 1 on changes to the organization, increases or decreases of capital, business leasing, mortgage on property, the transfer of management, announcement of suspension or termination of business without approval.
(8) Violation of the regulations in Article 46, Paragraph 4 on the failure to report the indemnity criterion for delay to the MOTC for recordation and then promulgation and implementation thereafter.
(9) Violation of the regulations in Article 47 on the failure to announce or the failure to implement freight transport and miscellaneous charges pursuant to the announcement.
(10) Violation of the regulations in Article 47-1 on fees charged without approval, without announcement or fees charged without being pursuant to the approval or announcement.
(11) Violation of the regulations in Article 56-5, Paragraphs 1 to 3; or Article 56-5, Paragraphs 1 to 3 applying mutatis mutandis to Article 64 on the failure to collect information, investigate and research the causes; adopt appropriate preventive and corrective measures for inspections to be conducted by the Railway Bureau; failure to present a safety management report; or failure to effectively preserve records of railway operation, train monitoring, and maintenance of operating trains.
(12) Violation of the regulations in Article 63 on the failure to take out liability insurance in the amount designated by the competent authority.
In the event that of one of the various circumstances in the preceding paragraph occurs, railway institutions or their employees shall be ordered to make improvements within a prescribed time limit, and may have an aggravated fine up to one-half of the maximum fine in the preceding paragraph imposed for their failure to make such improvements within the prescribed time limit; in the event of serious violations, part or all of their operations shall be suspended or their business registration shall be abolished.
In the event that local, private, or special railway institutions are given a punishment of suspension of business or abolishment of registration, the Railway Bureau shall take appropriate measures to continuously maintain passenger and cargo transportation services.
Article 67-1
Violation of the regulation in Paragraph 1 of Article 34-1 or compliance of Paragraph 1 of Article 34-1 in Article 44-1, private or national railway institutions assign unqualified and unlicensed personnel as a train driver, shall be fined a minimum of NT$ 300,000, not to exceed NT$ 1,500,000.
Article 67-2
Violation of the regulations in Article 34-1, Paragraph 1 or Article 34-1, Paragraph 1 applying mutatis mutandis to Article 44-1 by private or national railway train conductors who drive the train without having passed the qualification examination and obtained a license shall be fined in the amount of NT$100,000 or more but no more than NT$500,000.
In the event that a railway train conductor causes a serious railway operational accident intentionally or through negligence, the Railway Bureau may order the conductor to halt operations and may abolish their license in accordance with the law.
Article 68
In the event of occupation or destruction of railway land or damage to railway facilities without authorization, the offense shall be prosecuted for investigation of the involved criminal liabilities; in addition, the offender(s) or their employer(s) shall be notified to complete restitution, to provide reimbursement for the restoration cost, or to provide compensation in accordance with the law.
When land is designated for railway use in accordance with Article 7 via announcement or marking with boundary markers, and is prohibited or restricted from construction, and if construction is still arbitrarily carried out, the railway authorities may demolish the construction in consultation with the relevant authorities.
Article 68-1
In the event of any of the following circumstances, a fine of at least NT$10,000 but no more than NT$1 million shall be imposed:
1. Stacking, placing, or throwing objects onto railway tracks or related equipment in a way that could obstruct safe vehicle operation.
2. Carrying hazardous or flammable materials into railway routes, depots, stations, or vehicles without permission; consigning hazardous goods without notification or with false information.
3. Arbitrarily manipulating railway stations or vehicle equipment, or hindering the normal operation of system equipment in any other way.
4. Tossing or discharging objects at running trains.
5. Arbitrarily locking carriages, or in any other way obstructing railway personnel from executing their duties or endangering public safety.
Article 68-2
Any person who endangers the normal functioning of important railway stations, depots, facilities, or equipment via theft, destruction, or other illegal methods shall be subject to a prison sentence of at least one year but no more than seven years, which may be combined with a fine of up to NT$10 million.
Any person who attempts to endanger national security or social stability and commits the preceding offense shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in either of the preceding paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraph 1 or 2 shall be punished.
Article 68-3
Any person who obstructs the normal functioning of the core information and communications system(s) of important railway stations, depots, facilities, or equipment via any of the following methods shall be subject to a prison sentence of at least one year, but no more than seven years, which may be combined with a fine of up to NT$10 million:
1. Entering their account password without due reason, cracking the protection measures for the used computer, or taking advantage of faults in the computer system to invade the computer or its related devices.
2. Without due reason, interfering with the computer or its related devices via computer programs or other electromagnetic means.
3. Without due reason, acquiring, deleting, or altering the electromagnetic records of the computer or its related devices.
The same shall also apply to any person who produces a computer program for themselves or any other person for the dedicated purpose of committing a crime in the preceding paragraph.
Any person who commits the crimes referred to in the above two paragraphs with the intention to endanger national security or social stability shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in any of the preceding three paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraphs 1 to 3 shall be punished.
The scope of the important railway stations, depots, facilities, and equipment referred to in paragraph 1 of this article and paragraph 1 of the preceding article shall be announced by the competent authority.
Article 69
Unauthorized installation of railway-crossings shall be fined a minimum of NT$ 1,000, not to exceed NT$ 5,000, in addition to demolishment on demand.
Article 70
Pedestrians, automotive drivers, or livestock owners who violate one of the regulations in Article 57, Paragraphs 2 to 4 or Article 57, Paragraphs 2 to 4 applying mutatis mutandis to Article 64, a fine in the amount of NT$10,000 or more but no more than NT$50,000, shall be imposed thereon.
Should such circumstances as referred to in the preceding paragraph seriously affect the safety of railway operations, a fine in the amount of NT$50,000 or more but not more than NT$100,000 shall be imposed thereon; if it causes serious injury, a fine in the amount of NT$100,000 but not more than NT$300,000 shall be imposed thereon; if such circumstance causes a casualty, a fine in the amount of NT$100,000 but not more than NT$500,000 shall be imposed thereon.
Article 71
In case of any of the following violations occur, the fine is a minimum of NT$ 1,500, not to exceed NT$ 7,500:
(1) Climbing onto, jumping on or off, or holding onto moving trains.
(2) Sitting on, standing on or using steps, blocking doors, or opening doors without permission on moving trains.
(3) Riding in carriages or locomotives not intended for passengers that may cause danger, and refusal to leave after being instructed to leave.
(4) Entering and exiting train stations or boarding and getting off of trains from undesignated places, and ignoring an order from train station authorities. )
(5) Soliciting, selling goods or distributing advertising objects to passengers or people on trains or within train station districts without permission, and ignoring an order from train station authorities.
(6) Refusing to cooperate with railway station or train personnel regarding ticket inspection .
(7) Chewing betel nut, littering, arbitrarily sticking objects on trains or within train station districts, or drawing, writing, on carriages, station districts or route equipment etc. without permission.
(8) Except in accordance with the law, carrying animals into station districts or carriages without permission or ignoring railway institution regulations.
(9) Setting up booths, scaffolding or banquet tents without permission within train station vicinity.
(10) Obstructing other passengers and refusing to leave when ordered.
(11) Without any reason lying down on seats in carriages or platforms, and ignoring an order from train station authorities.
The violation of aforementioned or one of situations in each sections of Article 68-1, allows railway station or train personnel to demand violators leave the station, train, or railway area. The transportation fee for the remainder of the journey is not refundable.
Article 72
Punishments under Article 68-1 to previous regulation, the MOTC may entrust police authorities or railway institutions to execute.
Article 73
(Delete)
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