No Support JavaScript

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

Print Time:2022/09/26 18:12
:::

Chapter Law Content

Title: The Seafarer Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 7 Penalties
Article 76
Any master who commits the provisions of Paragraph 3 of Article 73, shall be subject to an imprisonment under seven years; and subject to imprisonment from 3 to 10 years for causing death to another.
Article 77
The penalties for violating this Act against the seafarer are as follows:
1. Warning
2. Demerit
3. Degrading: degraded by one grade lower than the current one for three months or more up to one year of actual service time.
4. Calling back the seafarer service book: three months to five years.
For the penalties provided by the preceding paragraph, issuing of three warnings are equal to one demerit, and issuing of three demerits within a period of two years, the seafarer service book shall be called back for three months.
When the penalty of calling back of the seafarer service book is punished, the competent certificate, if any, shall also be called back.
The period of calling back the seafarer service book is computed from the date when the seafarer submits that book.
Article 78
Any master who commits the provisions of Articles 60 to 65, Paragraph 1 of Article 66, or Article 71, shall be subject to warning or demerit.
Article 79
Any seafarer shall be subject to warning or demerit if any of the following conditions occur:
1. It violated the regulations stipulated in Paragraph 1 of Article 8, or Article 18.
2. It violated the regulations stipulated in Article 25-2 concerning the duties of on-board service, things to be observed during navigation and regulations for management, in a mild offense.
3. It violated the regulations stipulated in Paragraph 1 of Article 69, by using the ship for smuggling of goods, in a mild offense.
4. It violated the regulations stipulated in Article 70, in a mild offense.
5.Failure to report or disclose the smuggled or untaxed cargoes found on the ship.
Article 80
Any seafarer shall be subject to degrading or withdrawal of seafarer service book for three months or more up to five years if any of the following conditions occur:
1. It violated the regulations stipulated in Article 25-2 concerning the duties of on-board service, things to be observed during navigation and regulations for management, in a serious offense.
2. It violated the regulations stipulated in Paragraph 1 of Article 69, by using the ship for smuggling of goods, in a serious offense.
3. It violated the regulations stipulated in Article 70, in a serious offense.
4. It violated the regulations stipulated in Article 72, Paragraphs 1 and 2 of Article 73, Article 74 or Article 75.
5. Disturbing the order on ship and thus affecting navigation safety.
6. Undertaking duty by using an assumed name.
7. It violated the laws and regulations provided by the government, relating to navigation restrictions.
8. Intentionally destroyed the ship, damaged or stole the ship’s equipment, accessories, and cargoes or caused the ship to sink.
9. Any behavior that would cause danger to national security.
10.Smuggling of the guns, ammunition and drugs or assisting the stowaways.
Article 81
The employer who fails to pay the severance pays in accordance with Paragraph 3 of Article 19 or Article 39 shall be punished a penalty of no more than ninety thousand New Taiwan Dollars (NT$90,000).
Article 82
The employer who violates Articles 28, 29, 31(1) or 31(2) shall be punished with imprisonment not exceeding six months, or detention in lieu thereof, or in addition thereto, a penalty not exceeding sixty thousand New Taiwan Dollars (NT$60,000).
Article 83
(Deleted)
Article 84
Any employer shall be subject to a fine from sixty thousand New Taiwan Dollars (NT$60,000) to three hundred thousand New Taiwan Dollars (NT$ 300,000), and the ship concerned may also be subject to a 30-day maximum suspension of sailing if any of the following conditions occur:
1. It violated the regulations stipulated in Paragraph 3 of Article 8, Paragraph 2 of Article 9, Article 12, Article 14, Paragraph 1 of Article 15, Paragraph 1 of Article 17, Paragraphs 1 to 4 of Article 22, Paragraph 2 of Article 26, Article 32, Article 33, the proviso of Article 34, Article 37, Article 38, Paragraph 1 or 2 of Article 40, Article 41 to Article 45, Paragraph 3 of Article 50 or Paragraph 1 of Article 70-1.
2. It violated the things mentioned in Subparagraph 2, 4, 5 or 7 of Article 21.
3. It violated the minimum standard specified in Paragraph 1 of Article 27.
4. Employing persons who are not eligible for practicing as a seafarer or unqualified seafarers to undertake duties on a ship without permission.
5. Covering, instigating or taking any other injustice means causing a seafarer to engage in smuggling of persons.
The employer who is permitted to hire foreign national seafarers but commits one of the things provided by the preceding paragraph, in a serious offense, shall also be subject to revoking of their permission to hire foreign national seafarers.
Article 84-1
When the employer hiring any foreign national seafarers violates the regulations stipulated in Article 25-1 concerning the duties, employment, revocation and cancellation of permission, or employment management, their eligibility to apply for hiring foreign national seafarers shall be suspended for three months or more up to five years, depending on severity of the offense.
For the penalties provided by the preceding paragraph, when the employer hiring any foreign national trainees violates the trainee ratio stipulated in Article 25-2, shall be applied.
Article 84-2
Any training organizations for yacht or power-driven small ship masters shall be ordered to make improvement within the specified time limit, and may have to suspend all or part of the classes if any of the following conditions occur:
1. Evading, impeding or avoiding the inspection stipulated in Paragraph 1 of Article 75-5, or any deficiencies are found in the inspection.
2. It violated the regulations stipulated in Article 75-6 concerning the offering of classes, admission procedures, imposition of training fees, refund of fees or training management.
For those which are ordered to make improvement within the specified time limit subject to the preceding paragraph, but fail to improve within the time limit, or those fail to observe the class suspension penalty subject to the preceding paragraph, their permission shall be revoked.
The maximum period of suspension of the classes stipulated in paragraph 1 of this article is six months.
Article 84-3
Yacht or power-driven small ship masters shall be subject to warning or demerit if any of the following conditions occur:
1. It violated the regulations stipulated in Article 75-7 apply mutatis mutandis to Paragraph 1 of Article 69, using the yacht or power-driven small ship for smuggling of goods.
2. It violated the regulations stipulated in Article 75-7 apply mutatis mutandis to Article 70 or 71.
3. Skippering without permission upon expiry of his/her master’s license and without renewing the license.
For the penalties provided by the preceding paragraph, issuing of three warnings are equal to one demerit, and issuing of three demerits within a period of two years, the master’s license shall be called back for three months.
Article 84-4
Yacht or power-driven small ship masters shall be subject to calling back of the master’s license if any of the following conditions occur:
1. It violated the regulations stipulated in Article 75-7, apply mutatis mutandis to Article 72, Paragraph 1 or 2 of Article 73, Article 74 or 75, causing death of other persons or affecting navigation safety.
2. Disturbing the order on ship and thus affecting navigation safety.
3. Smuggling of the guns, ammunition and drugs or assisting the stowaways
The period of calling back the master’s license as mentioned in the preceding paragraph is three months or more up to five years from the date when the license is submitted.
Article 84-5
Any yacht and power-driven small ship masters are subject to a fine of six thousand New Taiwan Dollars (NT$6,000) or more up to thirty thousand New Taiwan Dollars (NT$30,000), and shall be stopped from skippering on the spot if any of the following conditions occur:
1. It violated the regulations stipulated in Article 75-2, skippering a yacht or power-driven small ship without passing the physical examination and obtaining a master’s license.
2. Teaching others to skipper a yacht or power-driven small ship without obtaining a master’s license.
3. Operating a yacht or power-driven small ship against other licensing conditions of the master’s license.
Article 84-6
Those who holding a learner’s license for skippering a yacht or power-driven small ship, if not being guided and monitored by a licensed master of a yacht or business-use power-driven small ship when learning to skipper, shall be fined six thousand New Taiwan Dollars (NT$6,000) or more up to thirty thousand New Taiwan Dollars (NT$30,000), and be stopped from skippering on the spot.
Article 84-7
Owners of a yacht or power-driven small ship who violated the regulations stipulated in Article 75-3 and set sail without permission shall be fined eight thousand New Taiwan Dollars (NT$8,000) or more up to forty thousand New Taiwan Dollars (NT$40,000), and shall be ordered to make immediate improvement. For those who fail to improve, the ship concerned shall be subject to a 30-day maximum suspension of sailing. Three violations within one year will result in the ship concerned being suspended of sailing for six months or below.
Owners of a yacht or power-driven small ship who cover, instigate or take any other injustice means and cause the master or assistant of the yacht or power-driven small ship to engage in smuggling of persons, shall be fined thirty thousand New Taiwan Dollars (NT$30,000) or more up to one hundred and fifty thousand New Taiwan Dollars (NT$150,000), and the ship concerned is subject to a 30-day maximum suspension of sailing. Three violations within one year will result in the ship concerned being suspended for sailing for six months or below.
Article 84-8
If a seafarer professional training organization evades, impedes or avoids the supervision conducted by the shipping administration authority under Paragraph 2 of Article 10-1 or if the examination result reveals any defect, the organization shall be requested to make necessary rectification in a given period of time and cease all or any of the training programs to be launched.
If the organization requested to make necessary rectification in the given period of time in accordance with the preceding paragraph fails to do so or does not cease the training programs as requested, the training business of the organization shall be suspended for one year.
The period provided in the first paragraph for the cease of training programs shall be limited to six months.
Article 85
Any foreign vessel carrier who violates Article 25, shall be subject to a fine from sixty thousand New Taiwan Dollars (NT$60,000) up to three hundred thousand New Taiwan Dollars (NT$300,000); and it may also be prohibited to enter or depart from the R.O.C. ports for a certain period. The R.O.C. seafarers employed by them, in the absence of approval, shall be forced to leave the ship.
Article 86
(Deleted)
Web site:Laws & Regulations Database of The Republic of China (Taiwan)