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Chapter Law Content

Title: Road Traffic Management and Penalty Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter I General Provisions
Article 1
This Act is enacted to enforce traffic control, maintain traffic order, and ensure traffic safety.
Article 2
Traffic control, fines, and penalties are governed by the Act; matters not prescribed by the Act shall be determined by other laws or regulations.
Article 3
Definitions for terms used in the Act:
1. Roadways: All highways, streets, lanes, alleys, squares, arcades, hallways, or other passageways for public use.
2. Vehicle lanes: Roadways with dividers, guard rails, or markings; and other roadways for vehicles.
3. Sidewalks: Arcades, hallways and ground-level roadways designated for pedestrian use; pedestrian bridges, and underpasses marked for pedestrian use.
4. Pedestrian crossings: Parts of roadways designated by markings for pedestrian use.
5. Signs: Boards with text or drawings indicating warnings, prohibitions, and instructions for road traffic control.
6. Markings: Lines, symbols, or words marked on road surfaces or other facilities to indicate warnings, prohibitions, and instructions for road traffic control.
7. Signals: Hand gestures, colored lights, sounds, and text that illustrate instructions for road traffic control such as go, caution, and stop.
8. Vehicles: Cars (including motorcycles) powered by a prime mover, slow-moving vehicles and other motor vehicles on roadways not including the vehicles powered by electricity installed on rails.
9. Mass rapid transit system vehicles: Exclusive power driven vehicles referred to the Mass Rapid Transit Act.
10. Temporary parking: When vehicles stop or remain idle for less than 3 minutes to load or unload passengers or goods, and are ready to depart at any time.
11. Parking: When vehicles park along both sides of a roadway or in a parking lot, and are not ready to depart.
Article 4
The placement and management of road traffic signs, markings, signals, and other related equipment shall be used to facilitate travel and ensure traffic safety by providing vehicle drivers, mass rapid transit system vehicle drivers, and pedestrians with warnings, prohibitions, instructions, and other information related to road conditions.
Drivers of vehicles, mass rapid transit system vehicles, and pedestrians on roadways shall follow the instructions, warnings, and prohibitive regulations as provided by road traffic signs, markings, and signals, as well as directions given by traffic officers or personnel directing and inspecting traffic pursuant to laws and regulations.
Regulations regarding matters such as instructions, warnings, prohibitive regulations, designs, methods of display, placement standards and placement locations for the aforementioned road traffic signs, markings, and signals shall be determined by the Ministry of Transportation and Communications (hereafter “MOTC”) in conjunction with the Ministry of the Interior (hereafter “MOI”).
Vehicle drivers, mass rapid transit system vehicle drivers, and pedestrians who violate paragraph 2 and cause people injuries or deaths, or have others cause injuries or deaths, shall be subjected to criminal liability, traffic officers or personnel directing and inspecting traffic pursuant to laws and regulations are excluded .
Article 5
To maintain road traffic safety and ensure traffic moving smoothly, roadway or police authorities may declare orders with respect to the following matters when necessary:
1. Prohibiting or restricting vehicles and pedestrians from entering certain routes or certain sections thereof; prohibiting vehicles and pedestrians from crossing roadways, long term parking or temporary parking.
2. Designating pedestrian zones.
Article 6
In the event of an incident occurs and traffic or pedestrian volume increases significantly on roadways that might stop or disrupt traffic, police authorities or traffic officers shall temporary re-locate, stop, or limit the usage of lanes for vehicles or pedestrians.
Article 7
Traffic condition inspection and traffic violation recording shall be conducted by traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations.
The aforementioned inspection can be conducted by traffic assistants work with traffic police officers, or work independently for handling illegal parking; regulations regarding the recruitment, training, and enforcement of traffic assistants shall be determined by the MOI in conjunction with the MOTC.
Article 7-1
Under the following situations, members of the general public shall submit factual accounts, evidence, and information regarding any person who violates this Act to the competent roadway authorities or police offices:
1.Violation of Article 30, paragraph 1, subparagraph 2.
2.Violation of Article 31, paragraph 6 or Article 31-1, paragraph 1 to 3.
3.Violation of Article 33, paragraph 1, subparagraph 2, 3, 4, 7, 9, 11 to 16 , paragraph 4 or Article 92, paragraph 7.
4.Violation of Article 42.
5.Violation of Article 43, paragraph 1, subparagraph 1, 3, 4 and paragraph 4.
6.Violation of Article 44, Paragraph 2 or 3.
7.Violation of Article 45, paragraph 1 , subparagraph 1, 3, 4, 6, 13, 16, paragraph 1 and paragraph 2 Of Article 43.
8.Violation of Article 47.
9.Violation of Article 48, paragraph 1, subparagraph 2, 4, 5, and 7.
10.Violation of Article 49.
11.Violation of Article 47 or 53-1.
12.Violation of Article 54.
13.Violation of Article 55, paragraph 1, subparagraph 2 or parallel parking of subparagraph 4.
14.Parking in places where stopping is prohibited in Article 55, paragraph 1, subparagraph 2.
15.Violation of Article 56, paragraph 1, subparagraph 10 and paragraph 2.
16.Violation of Article 60, paragraph 2, subparagraph 3.
The competent roadway authorities or police offices shall report the person with the violation referred to in Paragraph 1 upon confirmation. However, violations happening after 7 days of the occurrence may be exempt from being reported by authorities.
Members of the general public reports two or more violations of the same provisions of this Act by the same vehicle; if the detection time between two continuous citations does not exceed 6 minutes
and the driving has not passed more than one intersection, the competent roadway authorities or police offices shall only report once.
Any citation for violations referred to in Paragraph 1 shall be complied Paragraph 5 of Article 7-2 of this Act.
Article 7-2
A car driver shall receive a citation, not necessary at the scene, if the driver violates the following regulations:
1. Running a red light or railroad crossing.
2. Cutting off a pedestrian at a pedestrian crossing.
3. Failing to pay the parking fee as it should be.
4. Does not follow the direction of officers at the scene and ran away, or without yielding the right of way to fire trucks, ambulances, police cars, rescue vehicles, or emergency response vehicles for a toxic chemical substance disaster or accident upon sirens sound.
5. Illegal parking or cutting off a pedestrian crossing, as reported by an on-site crossing guard of schools.
6. Failing to pay toll or weight at a toll plaza or a weight station.
7. Any violation can be proved by the scientific instruments.
The scientific instruments referred to Subparagraph 7 of the above paragraph must belong legal measuring instrument and be qualified for regular inspection, which location and road segment to obtain evidence of violation shall be announced and updated on the website. However, the following committed offenses by a car driver are not subject to this requirement:
1.Violation of Article 43, paragraph 1, subparagraph 1, 3, 4 and paragraph 3.
2.Violation of Article 33, paragraph 1 to 3 and Articl 92, paragraph 2.
3.Illegal cross passing other vehicles.
4.Illegal parking and drivers leaving the scene.
5.Violating lane use restriction.
6.Making a turn and changing lanes without following the safety rules.
7.Failing to maintain a safe driving distance.
8.Crossing over the no-crossing or channelizing lines.
9.Violating the maximum or minimum speed limits.
10.Violation of Article 31, paragraph 1, 2, 6, Articl 31-1, paragraph 1, 2 and
Article 92, paragraph 7, subparagraph 6.
For the enforcement road segment referred to in Subparagraph 9 shall be set with speed measurement banned signs 100 meters to 300 meters before the segment on a roadway and 300 to 1,000 meters on a freeway or highway. The same standard shall be applied to the location where a violator citation is issued.
Heavy trucks on roads with weigh stations failing to enter the scales or
exceeding its gross weight limit or gross combination load could be cited, in accordance with evidence data from scientific instruments.
Any citation for violations referred to in Paragraph 1 and 4, shall include the vehicle’s license plate number, model, and other identifiable information; and the citation shall be issued in the name of the vehicle’s owner or the major driver designated by owner. However, rental cars with a term of more than one year could be issued in the name of a renter by the application of rental company.
Article 7-3
Mass rapid transit system vehicle drivers have any citation for violations referred to Article7-2 Paragraph 1 the citation shall be issued in the name of the operation of mass rapid transit system operator, and the citation shall provide the location, time, route, and other identifiable information.
Article 8
Punishments for violations under this Act shall be enforced by the following authorities:
1. Articles 12 to 68 and Paragraphs 7 and 8 of Article 92 shall be enforced by the competent roadway authorities.
2. Articles 69 to 84 shall be enforced by police authorities.
Before an official charge can be issued under the aforementioned paragraphs, violators shall be given the opportunity to make a statement.
The competent roadway authorities shall set up a traffic violation charging office to handle the charges under Subparagraph 1 of Paragraph 1; its relevant organizational procedures shall be determined by the MOTC and the municipal governments.
Article 8-1
For mass rapid transit system vehicles driving on the sharing road lanes, if the mass rapid transit system vehicle drivers violate the regulations in Chaptor II shall be punished according to each response regulations.
Article 9
Violators of this Act shall pay the fines under the regulations directly to the designated administrative unit(s) within 30 days upon receiving notice of road traffic violations as provided by Paragraph 4 of Article 92 and close the case. Violators disagree with the facts of the citation shall file a claim to the charging authority within 30 days upon receiving notice. Should an individual fail to report to a designated administrative office before the deadline as specified in the notice, pay the relevant fine on time, or file claims within the time limit as prescribed by the regulations, the charging authority shall determine the charge directly.
Part of the fines prescribed in the Act shall be used as special funds to improve road traffic safety and order. Regulations regarding the fund allocation, appropriation ratio, and application shall be determined by the MOTC in conjunction with the MOI and the Ministry of Finance.
Article 9-1
Car owners and drivers must pay all fines for violations detailed in Chapters II and III of the Act before they may process to transfer vehicle ownership, suspend / recover / hand over / revoke plate, and license plate applications with the roadway supervisory authority.
Article 10
Any vehicle owners, drivers, pedestrians, or persons who impede traffic and thereby violate road traffic regulations and are subjected to criminal liability according to laws shall be sent to the respective local prosecutor offices, district juvenile courts, or military authorities.
Article 11
Military vehicles and vehicle drivers shall follow the road traffic regulations as prescribed by the Act and obey the directions given by the traffic police officers and military police.