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Title: Road Traffic Management and Penalty Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter VI Supplementary Provisions
Article 85
Should the recipient of a citation as detailed by this Act for a violation of road traffic regulations, if he/she claims another party should take the responsibility, he/she shall provide relevant evidence or proving documents and report to the charging authority before the final reporting date listed on the notification of the road traffic violation. Upon receiving the claim the charging authority shall then send a notification to the accused party and ask the party to report to the charging authority. Should he/she fail to do so in the prescribed time period, he/she shall be charged for the violation of the provisions as detailed in this Act.
Should a vehicle license plates be suspended or revoked according to this Act, that punishments can not be exempted because of ownership transfer, pledging, leasing, closing contract of said vehicle.
All items confiscated as detailed in this Act shall be executed without asking whether they belong to the accused party.
Should the parties be directly cited or collectively punished for violations of this Act, said parties are presumed to be responsible for such violations.
Article 85-1
Car drivers, owners, dealers, or repair shops which violates the regulations prescribed in Paragraph 1 of Article 56 or Article 57 and fails to make corrections in compliance with the orders given by traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations after citation may be cited repeatedly.
Violations of the same provisions of this Act, which citation as detailed in Article 7-2, under the following situations, violators may be cited repeatedly:
1.The cited car travels at a speed above the maximum limit or below the minimum limit or under the circumstances of Paragraphs 1 and 2 of Article 33, and the distance between two continuous citations is more than 6 km, detection time between two continuous citations is longer than 6 minutes, or passing more than one intersection; with the exemption of violations occurring in a tunnel.
2.The cited car has the situations detailed in Paragraph 1 and 2 of Article 56 or Article 57, and the car driver, owner, dealer, or repair shop is not at scenes or unable to move the car for more than 2 hours.
Article 85-2
For vehicle owners or drivers who should be prohibited from passing, driving under this Act, traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations shall enforce the above prohibitions at the time of detection and shall directly move and detain said vehicles if necessary.
In the circumstances described in the above paragraph, vehicle owners or entrusted third parties may reclaim the vehicles with custody receipts and vehicle licenses after the cause for such custody has expired. If the vehicle in question matches the circumstances detailed in Article 35 of this Act, payment receipt of the fine shall be attached. However, should the violation be a first offense and have not resulted in an accident, a proof of payment by installments may be used instead.
If the vehicle that has been relocated and kept in accordance with Article 35 belongs to rental car dealers, the vehicle owner could inspect the lease contract, the name of the illegal driver and the address, and take the vehicle back.
Article 85-3
The moving or detention of vehicles as provided in Paragraph 3 and 4 of Article 12, Article 35, Paragraph 4 of Article 56, Paragraph 2 of Article 57, Paragraph 6 of Article 62, Paragraph 2 and 3 of Article 71-1, Paragraph 1 of Article 72-2, Paragraph 2 and 3 of Article 73, and Paragraph 1 of the previous Article can be handled directly by traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations. Said moving or detention may be conducted by traffic assistants as detailed in Paragraph 4 of Article 56, and may be handled by private tow trucks by contract.
The car owners shall be required to reimburse the fees for said moving or detention in the preceding paragraph; should a car owner fail to pay the fee, the authorities shall pursue the payment.
Concerning the vehicles moving and detention in the situation described in Paragraph 1, when a vehicle is not claimed by its owner within the designated time period after notification, or when the owner cannot be identified, said vehicle shall be auctioned off by the authority in charge of moving and detention if the vehicle remains unclaimed after 3 months following public announcement. The revenues from the auction shall be saved pursuant to laws and regulations after the deduction of fines, fees for vehicle moving and detention, and other necessary expenses.
Vehicles not claimed after the aforementioned public announcement shall be cleared away pursuant to the Waste Disposal Act and other relevant laws and regulations if they should match the definition of abandoned vehicles.
Vehicles confiscated under this Act or other objects confiscated according to rulings or judgments may be auctioned, destroyed, or disposed of following the Waste Disposal Act and other relevant laws and regulations.
Regulations regarding matter such as vehicle moving and detention, charging fees, public auctions, and vehicle handling as described in the preceding five paragraphs shall be determined by the MOTC and the MOI as the central government, and by the municipal, county, or city governments, in accordance with their right and responsibility.
Article 85-4
Should a person with the age of 14 or younger and violate the regulations provided by this Act, punishments shall be imposed on said person’s legal representatives or guardians.
Article 85-5
Violation of Article 85-2 or Article 85-3, the mass rapid transit system vehicle shall be moving or detention, before doing that should notify the operator.
Article 86
Car drivers who cause injuries or deaths as a result of operating a car without a driver license; under the influence of alcohol, drugs, or hallucinogens; driving on sidewalks; failing to yield to pedestrians when crossing pedestrian crosswalks, shall be subjected to criminal liability under which the penalty shall be increased by 50%.
Should a car driver legally operating a car on the fast-moving vehicle lanes result in an accident due to pedestrians or slow-moving vehicles running into said lanes in violation of regulations and resulting in injuries or deaths, if he/she is subject to criminal liability, his/her penalty can be relieved.
Article 87
Violators who do not accept the punishments imposed by the authorities as detailed in Article 8 or Paragraph 6 of Article 37 may challenge the punitive authority as a defendant in the administrative litigation court under the district court of jurisdiction. Such revocation proceedings must begin within 30 days of the original ruling being served.
Article 88
(annulled)
Article 89
(annulled)
Article 90
Behaviors in violation of this Act shall not be subject to reporting if more than 2 months have passed since the violation. If the behavior violating the Act reoccurs or is continuous in nature, it shall not be subject to reporting if more than 2 months have passed since the violation ended. However, in the event of an accident involving injuries or deaths for which the responsibilities cannot be determined and for which investigations have begun, the calculation for the aforementioned 2 month period shall begin from the day on which the investigations have been closed. If the above-mentioned accident does not go through investigation yet requires analysis and examination, behaviors in violation of the Act shall not be subject to reporting after 3 months of its occurrence.
Article 90-1
Drivers of slow-moving vehicles or pedestrians who fail to take road traffic safety lessons in accordance with regulations shall be fined from NT$600 to NT$1,200.
Article 90-2
(annulled)
Article 90-3
Competent roadway authorities, competent municipal roadway authorities, or police authorities may, as long as it does not impact safe passage or result in traffic concerns, shall establish parking spaces for motorcycles or slow-moving vehicles by signs or markings within the range of 10 meters near circles, crosswalks, or intersections.
Competent roadway authorities, competent municipal road authorities, or police authorities may, as long as it does not impact safe passage or result in traffic concerns, set up right of way for slow-moving vehicles on sidewalks by signs or markings when necessary.
Article 91
The institutions or persons listed below shall be rewarded; regulation regarding the said rewards shall be determined by the MOTC, the MOI and in conjuction with related authorities:
1. Schools, media, or public and private driving schools that contribute significantly to the promotion of traffic safety.
2. Those who report vehicles that caused an accident , , assist in first aid, or care for persons injured in accidents caused by a vehicle. .
3. Drivers with excellent driving records.
4. Those who accuse others with behavior detailed in Subparagraph 1, 2, 3, 4 of Paragragh 1 of Article 43 upon confirmation a violation.
Article 92
Regulations regarding the classification of vehicles, application for car license plates changing registration, management regulations, tonnage of car loading, approval of seating and standing capacity, items and criteria for car inspection, inspection frequency, driver license tests, renewal and issuance of driver license, period of validity for driver license and registration, loading, driving, changes to car equipment, scope of powered machinery, driver’s qualifications and driving, traffic lanes designate, application for mini electric two-wheel vehicle license plates changing registration, management regulations, pedestrian crossings, roadway obstructions, and other matters of road traffic safety shall be determined by the MOTC in conjuction with the MOI.
Motorcycles are prohibited from driving on freeways, with the exception of large heavy motorcycles with a engine displacement of 550cc or more, which may operate on some sections of freeways and at designated times by the MOTC. The driver of said large heavy motorcycle must have a driver license for motorcycles of 550cc or more for a valid period of 1 year or more and driver license for a class of small car or higher.
Regulations regarding road traffic safety courses may charge fee, such as teaching method, content, time, length, responsible authorities, the standards of charges and other related matters of said courses shall be determined by the MOTC in conjuction with the MOI.
Regulations regarding the fines detailed in this Act, the norm, citation, or warnings for minor violations, payment, process of stating an opinion or the process of ruling, requirements for applying to pay in installments and number of installments, consequences for failing to pay on time, regulations covering payment in installments, and payment collection agency shall be determined by the MOTC in conjunction with the MOI.
Regulations regarding the necessary actions for the responsible persons involved in a traffic accident, first-aid for the injuries at the scene, traffic relief control, detention, removal and return of perpetrating vehicle, and handling of investigations shall be determined by the MOI in conjunction with the MOTC and MOHW.
Where there are no regulations in this Act expressly governing large heavy motorcycles, the regulations and punishments for small cars shall apply. The regulations governing application for a driver license and operating a large heavy motorcycle shall be determined by the MOTC in conjunction with the MOI.
In the event of any of the followings while operating a large heavy motorcycle with a engine displacement of 550cc or more, the driver shall be fined from NT$3,000 to NT$6,000, and a traffic violation point shall be charged:
1.Operating on sections of roadways not expressly permitted.
2.Operating at time periods not expressly permitted.
3.Having a driver license that does not conform to the requirements of Paragraph 2.
4.Driving side-by-side, overtaking within the same lane, or using the road shoulder in a manner that violates regulations.
5.Carrying people or goods in a manner that violates regulations.
6.Failing to wear a helmet.
Should the driver of a large heavy motorcycle with a engine displacement of 550cc or more violate Subparagraph 4 of the preceding paragraph, or should the car driver of a car violate the regulation detailed in the first half of the Subparagraph 4 while driving on freeways, the driver shall be fined NT$6,000.
Regulations regarding road traffic safety courses may be entrusted to public institutions or non-governmental organizations, such as qualifications, application, equipment, personnel, charging methods, form of certificate, necessary items stated in authorization contracts, check and supervision shall be determined by the MOTC.
Article 92-1
When the punitive authorities rule on whether to suspend, revoke, or cancel the license of a professional driver, they may send a written or other notice to the owners of the responsible cars under the request of the driver’s employers.
Article 93
The effective date of this Act shall be determined by the order of the Executive Yuan.