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

Print Time:2024/11/22 11:55
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Chapter Law Content

Title: Shipping Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5 Penalties
Article 49
Any vessel carrier or foreign vessel carrier joining or setting up an international joint service organization in default in implementation of joint service shall be ordered to improve within a specific period; failure to do so, or if reason for or background of joint service is found to have been extinguished, MOTC shall coordinate with related authorities to revoke its approval.
Failure of performance in the provision set forth in Article 34(2) or 35(2), the shipping administration authoritythe shipping administration authority shall, if necessary, suspend the implementation of all or partial fares list.
Article 50
If the operation of the said organization aforementioned or implementation of the said agreement aforementioned impedes the ROC order of shipping or economic development, the shipping administration authoritythe shipping administration authority may order correction made within a definite period. Failure to improve may cause the shipping administration authoritythe shipping administration authority to report to MOTC through coordination with related authorities to revoke approval.
Article 50-1
Vessel carriers committing one of the following offences shall be punished by the shipping administration authority with fines ranging between five hundred thousand to three million NT dollars and terminate all or part of their business operations: 1. Violation of the provision of Article 27-1 Paragraph 2 herein by not reporting and applying shipping administration authority’s filing and inspection prior to employing private armed security personnel.
1. Violation of the provision of Article 27-1 Paragraph 2 herein by not reporting privately contracted armed security personnel to the shipping administration authority for filing and inspection.
2. Violation of the provision of Article 27-1 Paragraph 3 herein to the employed private armed security personnel who possess firearms, ammunition and knives and haven’t embarked (disembarked) abroad, or who enter any territory of R.O.C outside vessels that have already reported for filing and inspection.
Foreign national vessels that commit one of the following offences will be punished by the shipping administration with fines ranging between five hundred thousand to three million NT dollars and terminate all or part of their business operations:
1. Violation of the provision of Article 32-1 applying mutatis mutandis to Article 27-1 Paragraph 2 herein by not reporting privately contracted armed security personnel to the shipping administration authority for filing and inspection.
2. Violation of the provision of Article 32-1 applying mutatis mutandis to Article 27-1 Paragraph 3 herein to the privately contracted armed security personnel who possess firearms, ammunition and knives and haven’t embarked (disembarked) abroad, or who enter any territory of R.O.C outside vessels that have already reported for filing and inspection.
Article 51
Any vessel carrier, shipping agency, freight forwarder or container terminal operator who without prior approval, operates vessel carrying, shipping agency, freight forwarding or container terminal operation shall be punished by a fine ranging between one hundred thousand and five hundred thousand N.T. dollars and ordered to improve within a definite period; failure of the same shall be punished each time until improvement is completed.
Article 52
Any vessel carrier violating one of following provisions shall be fined by the shipping administration authoritythe shipping administration authority in a range from thirty thousand NT dollars to three hundred thousand NT dollars, and, in addition, required correction within a specified period and a possible suspension of the whole or part of its commerce:
1. The carrier violates the provision of Article 10 herein to demolish, charter on bareboat basis, mortgage or sell abroad its vessels, alteration of boat into a non-ROC one or liner service through lease mode without prior application for file and further inspection
2. The carrier violates the provisions set forth in Article 13 herein by operating a liner service without registering the route, by route alteration or transporting passengers and cargoes not covered in the registered route and schedules; or by the reduction or suspension of domestic liner service not reported to the local administration authority for filing and further inspection within the prescribed term or by failing to post at the place of business or notify passengers through telecom network, newspaper or broadcast television after applying for approval.
3. The carrier violates the provision of Article 14 herein to subscribe to operator liability insurance and passenger injury insurance; or the insurance amount is insufficient or not renewed upon expiry or surrendered without reason after subscription.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and again a forcible improvement by order within another time limit, and may, in addition, be subject to the revocation of the whole or part of route registry.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the punishment of suspension, or committing any one of the violations listed in the same paragraph of section 1 three times within two years shall be subject to revocation and cancellation of the Vessel Carrier Permit.
Article 53
Any foreign vessel carrier in violation of one of following regulations shall be liable to the shipping administration authoritythe shipping administration authority for a fine of more than NT thirty thousand dollars and less than NT three hundred thousand dollars, and shall be required to improve within a specific period and prohibited from transporting passengers and cargoes or entering and departing from any ROC port for six months:
1. The carrier violates the provision set forth in Article 4 transporting passengers and cargoes among each ROC port without authorization by MOTC.
2. The carrier violates the provision set forth in Article 28 soliciting passengers or cargoes in ROC territory without legally establishing a branch or never commissioning a ROC shipping agency to handle vessels carrying passengers or cargoes.
3. The carrier violates the provisions set forth in Article 32 applying to Article 13 herein to operate a liner service without registering the route, route alteration or transporting passengers and cargoes not covered in the registered route and schedules; or the reduction or suspension of domestic liner service without applying to the shipping administration authoritythe shipping administration authority for file and further inspectionwithin the prescribed term or fails to post at its place of business or notify passengers through telecom network, newspaper or broadcast television after applying for filing and further inspection.
4. The carrier violates the provision of Article 32 applying to Article 14 herein by failing to subscribe to operator liability insurance or passenger injury insurance; or, the insurance amount is in sufficient or not renewed upon expiry or is surrendered without reason after subscription.
Failure to improve within the time limit set forth in the previous paragraph shall be incur a fine imposed consecutively for every violation and again a forcible improvement by order within another time limit, and may, in addition, be subject to the revocation of the whole or part of route registry in six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment, or committing any one of the violations listed in same paragraph of section 1 three times within two years, shall be subject to revocation and cancellation of the Vessel Carrier Permit.
Article 54
Any vessel carrier in violation of one of the following regulations shall be liable to the shipping administration authority for a fine of more than NT twelve thousand dollars and less than NT one hundred and twenty thousand dollars, and shall be subject to a required improvement within a specific period:
1. The carrier violating the provision set forth in Article 9 where a permit is yet to be reissued or registration of alteration is still not yet complete or reported for file and further inspection 30 days after completion of registration of the establishment of a branch.
2. The carrier violating the provision set forth in Article 19, in that the name of the company, boat, shipping port or permit is not stated on advertisements; or operating a liner service without stating route and schedule.
3. The carrier violating the provision set forth in Article 20 that samples, including cargo Bills of Lading or passenger ticket, have not yet been reported for filing and further inspection.
4. The carrier violating the provision set forth in Article 22(1) that the fare list is not yet reported for filing and further inspection or the freight charge is not yet published.
5. The carrier violating the provision set forth in Article 22(2) that it has not yet made correction in compliance with a notice for correction within a specified period.
6. The carrier violating the provision set forth in Article 24, non-provision of financial or operation statements or other related documents.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and a further requirement for improvement within another time limit, and may, in addition, be subject to the revocation of the whole or part of the route registry within six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment, or committing any one of the violations listed in the same paragraph of section 1 three times within two years shall be subject to the revocation and cancellation of the Vessel Carrier Permit.
Article 55
Any foreign vessel carrier in violation of one of following regulations shall be liable to the shipping administration authority for a fine of more than NT twelve thousand dollars and less than NT one hundred and twenty thousand dollars, and shall be subject to a forcible improvement within a specified period:
1. The carrier evades, obstructs or rejects investigation as provided in Article 18.
2. The carrier violating the provision set forth in Article 32 applying to Article 19 that the name of the company, boat, shipping port or permit is not stated on the advertisement; or operating a liner service without stating the route and schedule.
3. The carrier violating the provision set forth in Article 32 applying to Article 20 that samples, including cargo Bills of Lading or passenger ticket, are not yet reported for approval.
4. The carrier violating the provision set forth in Article 32 applying to Article 22(1), that the fare list is not yet file and further inspectionor the freight charge is not yet published.
5. The carrier violating the provision set forth in Article 32 applying to Article 22(2) that yet made correction in compliance with a notice for correction within a specified period.
6. The carrier violating the provision set forth in Article 32 applying to Article 24, non-provision of financial or operation statements or other related documents.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and again a required improvement within another time limit, and may, in addition, be subject to the revocation of the whole or part of the route registry within six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment or committing any one of the violations listed in same paragraph of section 1 three times within two years shall be subject to revocation and cancellation of the Vessel Carrier Permit.
Article 56
Any shipping agency or foreign shipping agency in violation of one of following regulations shall be liable to the shipping administration authority for a fine of more than NT twelve thousand dollars and less than NT one hundred and twenty thousand dollars, and shall be subject to a required improvement within a specified period:
1. The agency violating the provision set forth in Article 42(1) applying to Article 9, that the permit has yet to be reissued or registration of alteration not yet completed or applying for file and further inspection within 30 days after completion of registration of establishment of a branch.
2. The agency violating the provision set forth in Article 42(1) applying to Article 19 that the name of a company, boat, shipping port or permit is not stated on the advertisement; or operating a liner service without stating the route and schedule.
3. The carrier violating the provision set forth in Article 42(1) applying to Article 20 that samples including cargo Bills of Lading or passenger ticket are yet to be reported for approval.
4. The carrier violating the provision set forth in Article 32 applying to Article 24, non-provision of financial or operation statements or other related documents.
5. The carrier violating the provision set forth in Article 42(3) applying to Article 28, operating in ROC territory without legal establishment of a branch or commissioning a ROC shipping agency.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and again a required improvement within another time limit, and may, in addition, be subject to the revocation of the whole or part of route registry within six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment, or committing any one of the violations listed in same paragraph of section 1 three times within two years shall be subject to revocation and cancellation of the Vessel Carrier Permit.
Article 57
Any freight forwarder or foreign freight forwarder in violation of one of the following regulations shall be liable to the shipping administration authoritythe shipping administration authority for a fine of more than NT twelve thousand dollars and less than NT one hundred and twenty thousand dollars, and shall be subject to a required improvement within a specified period:
1. The carrier violating the provision set forth in Article 39(3) or (4), non-payment of a fixed amount of margin, or if the insurance is not subscribed for the stipulated amount; or not renewed upon expiry or surrendered without reason after subscription.
2. The carrier violating the provision set forth in Article 40(1) applying to Article 28, operating in ROC territory without legal establishment of a branch or by commissioning a ROC shipping agency.
3. The carrier violating the provision set forth in Article 42(2) applying to Article 9, that the permit is yet to be reissued or registration of alteration not yet completed or applying for filie and further inspection within 30 days after completion of registration in establishment of a branch.
4. The carrier violating the provision set forth in Article 42(2) applying to Article 19 that the name of the company, shipping port or permit number not stated on the advertisement.
5. The carrier violating the provision set forth in Article 42(2) applying to Article 20, that samples, including cargo Bills of Lading or passenger ticket, not submitted for file and further inspection
6. The carrier violating the provision set forth in Article 42(2) applying to Article 24, non-provision of financial or operation statements or other related documents.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and a further requirement for improvement within another time limit, and may, in addition, be subject to the revocation of the whole or part of the route registry within six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment, or committing any one of the violations listed in same paragraph of section 1 three times within two years shall be subject to revocation and cancellation of the Vessel Carrier Permit.
Article 58
Any container terminal operators or foreign container terminal operators in violation of one of following regulations shall be liable to the shipping administration authority for a fine of more than NT twelve thousand dollars and less than NT one hundred and twenty thousand dollars, and shall be subject to a required improvement within a specified period:
1. The operator violating the provision set forth in Article 46, that the business rate list has not yet been submitted for file and further inspection.
2. The operator violating the provision set forth in Article 47(1) applying to Article 9, that a permit has yet to be reissued or registration of alteration is not yet completed or reporting for approval 30 days after completion of registration for establishment of a branch.
3. The operator violating the provision set forth in Article 47(1) applying to Article 24 that non-provision of financial or operation statements or other related documents.
4. The operator violating the provision set forth in Article 47(2) applying to Article 28, operating in ROC territory without legal establishment of a branch.
Failure to improve within the time limit set forth in the previous paragraph shall incur a fine imposed consecutively for every violation and a further required improvement within another time limit, and may, in addition, be subject to the revocation of the whole or part of a route registry within six months.
Failure to improve within the time limit set forth in the preceding paragraph or to observe the suspension punishment , or committing any one of the violations listed in the same paragraph of section 1 three times within two years shall be subject to revocation and cancellation of the Vessel Carrier Permit.
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