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Chapter Law Content

Title: Mass Rapid Transit Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 7 Penalties
Article 48
In the event of occupation or destruction of mass rapid transit system land, vehicles, or other facilities without authorization, the offense shall be prosecuted for investigation of the involved criminal liabilities; in addition, the mass rapid transit system shall notify the offender(s) or their employer(s) to complete restitution, to provide reimbursement for the restoration cost, or to provide compensation in accordance with the law
Article 48-1
Any person who endangers the normal functioning of important mass rapid transit system-operated 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 48-2
Any person who obstructs the normal functioning of the core information and communications system(s) of important mass rapid transit system-operated 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 mass rapid transit system-operated stations, depots, facilities, and equipment referred to in paragraph 1 of this article and paragraph 1 of the preceding article shall be as announced by the central competent authority.
Article 49
1. A passenger who is caught on board without a ticket, or with an invalid ticket, or uses a fraudulent ticket that does not match the passenger’s identity must make up the fare and pay a penalty amounting to 50 times of the fare..
2. If a passenger cannot prove where his starting station is, the make-up fare and penalty referred to the preceding paragraph will be calculated basing on the maximum fare of a single journey proclaimed by the operation organization of the mass rapid transit system.
Article 50
1. The offender or driver will be subject to a fine of more than NT$1,500 and less than NT$7,500 in any of the following situations:
(1) Climbing onto, jumping off, or hanging over a moving train.
(2) Obstructing train doors or platform doors from closing, or opening them without permission.
(3) Non-mass rapid transit system personnel or vehicles that violate the second paragraph of Article 44 by trespassing on mass rapid transit tracks, bridges, tunnels or mass rapid transit premises not open to public access.
(4) Avoiding ticket procedures or use improper methods to enter/exit stations or get on/off trains.
(5) Refusing ticket checks conducted by mass rapid transit personnels or hindering their the performance of their duty.
(6) Remaining in the carriage when the train is not in service and disregarding requests to leave.
(7) Raising funds, distributing or posting advertisements, peddling goods, or conducting other commercial activities within carriages or stations without permission.
(8) Bringing animals into mass rapid transit stations or carriages without permission
(9) Drinking, eating, chewing gum or betel nut ; spitting phlegm or betel nut juice; littering with cigarette butts, gum, food waste or other rubbish within the restriction areas of a mass rapid transit system.
(10)Hindering other passengers from passing through or using station entrances/exits, ticket-reading gates, ticket vending machines, escalators or other passages, and disregarding the requests to leave.
(11)Loitering in station concourses or platform areas for purposes other than taking trains, thereby hindering other passengers from passing and disregarding the requests to leave
(12) Lying down on train or platform seats and disregarding the warnings
(13) Operating stalls, putting up canopies, or organizing banquets within the mass rapid transit system premises without permission
(14)Behaviors such as playing on the platform, crossing yellow warning lines, or not complying with the directions by walking or running on the escalator, or affecting the operation order and operation safety without permission
2. Persons who commit any of the violations listed in the preceding paragraph shall be forced to leave mass rapid transit system premises by the joint force of mass rapid transit system personnels and police. No refund will be made on fares for uncovered journeys.
Article 50-1
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. Carrying materials announced as hazardous or flammable into the routes, depots, stations, or vehicles of a mass rapid transit system without permission.
2. Arbitrarily manipulating stations or vehicle equipment, or obstructing normal functioning of vehicle operations, electric power, or security system equipment.
3. Violating Article 44, Paragraph 3 by not using overpasses or underground passages when crossing a mass rapid transit system route with exclusive right-of-way.
In any of the preceding circumstances, Paragraph 2 of the preceding Article shall apply.
In the event that any person under the age of 14 commits an offense as referred to in the preceding paragraph 1, due to negligence in supervision by their legal representative or guardian, then punishment shall be imposed on said person’s legal representative or guardian.
Article 51
1. In case the operation organization of the mass rapid transit system violates one of the following provisions, it will be fined a penalty of more than NT$100,000 and less than NT$500,000:
(1) The violation of Article 30 through a failure to hire qualified technicians who have obtained a skill certificate to serve as an operator or a repairer of the facility;
(2) The violation of Article 34 through a failure to correct after obtaining a notice from the local competent authority referred to Regulations for Implementation of Inspection;
(3) The violation of Paragraph 1 of Article 35, or Article 39;
(4) The violation of Paragraph 2 of Article 35, or Article 36 through a failure to correct after obtaining a notice from the competent authority;
(5) The violation of avoiding, impeding or refusing the central competent authority to inspect documents and accounting books referred to Paragraph 2 of Article 35;
(6) The violation of Article 37 through a failure to operate other ancillary businesses after obtaining approval of the local competent authority;
(7) The violation of Article 41 or Article 42 through a failure to carry out training and management of drivers so that traffic accidents occur;
(8) The violation of Paragraph 1 of Article 44 through a failure to establish security requirement signs at appropriate locations
(9) The violation of Article 47 through a failure to purchase liability insurance, or to prepare guarantee deposits.
2. In those circumstances in which any one of Subparagraph 1, 2, 6,7, 8, 9 of the preceding paragraph are violated, the operation organization shall be notified to make amendments or improvements immediately within a given time period. The operation organization shall be issued consecutive daily fines if it still fails to make amendments or improvements as requested, and shall cease part or all operations, or shall have its permit revoked or cancelled if the situation is deemed serious.
Article 51-1
1. In case the operation organization of mass rapid transit system violates one of the following provisions, it will be fined more than NT$500,000 and less than NT$2,500,000:
(1) The violation of Paragraph 2 of Article 15 of this Act through a failure to commence revenue service after passing final inspection and obtaining approval;
(2) The violation of Paragraph 2 of Article 29 through a failure to ratify or implement the fare rate as announced;
(3) Stop operating for non-force majeure causes.
2. For those circumstances in which Subparagraph 1 of the preceding paragraph is violated, the operation organization shall immediately suspend operation, and shall be issued consecutive daily fines if it still fails to suspend operation as requested. For those circumstances in Subparagraph 2 of the preceding paragraph is violated, the operation organization shall be notified to make improvements immediately, and shall be issued consecutive daily fines, and shall cease part or all of operations, or shall have a permit revoked or cancelled if it still fails to make improvements as requested.
3. For the circumstance in which Subparagraph 3 of Paragraph 1 occurs, the operation organization shall resume operation immediately. The operation organization shall be issued consecutive daily fines, and shall cease part or all of operation, or its permit shall be revoked or cancelled if it fails to resume operation at once as requested.
4. The local competent authority shall take proper measures to keep maintaining passenger transportation services if the operation organization of a mass rapid transit system is ordered to stop operation or has its permit cancelled, or presumes to stop business operation.
Article 52
1. The fines issued pursuant to this Act shall be administered by the local competent authority.
2. The local competent authority may entrust the operation organization of a mass rapid transit system to implement the punishment for violating Paragraph 1 of Article 50 or Article 50-1 of this Act.