Goto Main Content
:::

Chapter Law Content

Title: Parking Facility Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 1: General Provisions
Article 1
The Act is enacted to strengthen the planning, establishment, operation, management, and funding of parking facilities in order to enhance traffic flow as well as improve traffic order. Matters not specified by this Act shall be subjected to other regulations.
Article 2
Terms referred in this Act are defined as follows:
1.Parking lot: A location that is designated for vehicle parking in accordance with the law.
2.Curb-side parking lot: A part of the road space designated for public parking.
3.Off-street parking lot: A ground, garage, mechanical or tower style parking system that is established off the street for parking.
4.Urban planning parking facility: A public parking facility planned and designed according to the provisions of urban planning, and the parking facility is open for public use after its establishment.
5.Building with built-in parking facilities: A building constructed with parking spaces in accordance with the Building Act.
6.Parking operation business: A business that operates off-street public parking lots with registration certificates issued by the competent authorities.
Article 3
The competent authorities specified in this Act include: the Ministry of Transportation and Communications; the municipal government in the municipality; the county (city) government in the county (city).
Article 4
For the purposes of parking facility construction, working capital, as well as sponsoring private operations of off-street public parking lot, local competent authorities can, in accordance with relevant provisions listed below, raise special funds to create the Parking Facility Operating Fund through the following measures:
1.General financial resources from local governments.
2.Subsidies provided by higher level of government.
3.Part of the revenue from automobile fuel charge.
4.Revenue from parking violation fines.
5.Parking operating revenue from public parking facilities.
6.Revenue from towing and retaining charges from illegal parking vehicles.
7.Revenue from royalties or rents from public parking facilities operation.
8.Revenue or cash equivalent payment from buildings with built-in parking facilities in accordance with the provisions by Article 102-1 of the Building Act.
9.Revenue from associated businesses joined with the government-owned parking facilities.
10.Interest revenue from the Fund.
11.Other revenues.
A management committee can be established to supervise and approve the Fund operation. Regulations for the Fund supervision and utilization shall be approved by the local competent authority.
Article 5
(Deleted)
Article 5-1
The Parking Facility Operating Fund in Article 4 shall be used as follows:
1.Planning and construction expenditures for government-owned parking facilities.
2.Equipment expansion and improvement expenditures for government-owned parking facilities
3.Maintenance and management expenditures for government-owned parking facilities.
4.Grants to non-government institutions for constructing and operating off-street parking lots.
5.Operation expenses for towing illegal parking vehicles.
6.Expenditures for issuing citations to illegal parking vehicles.
7.Taxes and fees for government-owned parking facilities operation.
8.Expenditure for the Parking Facility Operation Management Committee.
9.Fund for parking facilities management improvement.
10.Investment on the business management of parking facilities.
11.Other expenditures approved by the competent authorities.
Article 6
The government shall encourage and fund the private sector to construct public parking facilities.
Article 7
The under-ground and above-ground structures of markets, parks, green spaces, squares, schools, viaducts, gas stations, roads, railway stations, stadiums, substations, sewage treatment facilities, interception and pumping stations, crematoriums, children's playgrounds, and other available public facilities which are planned or constructed within the area of Urban Planning, shall be planned with integrity without undermining the overall facilities, and shall be able to construct built-in parking facilities through the multiple-application design. Adjacent public facilities and civil buildings can be planned and constructed within the plan together.
Article 8
In addition to being used as public parking facilities, the public parking spaces in Urban Planning can apply multi-application purpose building design or used as the interchange for private vehicles transfer to public transportation.
Article 9
The competent authorities of a municipality or county (city) shall consider the parking demands of the area and allow investment in adding parking spaces for public use when new constructions or renovations of the following public and private buildings listed below are approved; these spaces shall be exempt from the height and floor area ratio restrictions under the construction law.
1.Public housings and community buildings.
2.Government agencies, schools, or public or private enterprise buildings.
3.Markets, shopping centers, or entertainment buildings.
4.High-rise buildings in central business district.
The relaxation of the calculation of building height and floor area ratio rate is to be determined by the municipal or county (city) government.
Article 10
To cooperate with the construction needs of the urban development and transportation systems, the local governments shall designate or increase parking space while drafting or revising city construction plans. If necessary, the local government shall formulate planning projects and direct the Urban Planning Authority for implementation.
Article 11
Before the construction of temporary ground, garage, mechanical, or tower style off-street parking facilities; the land owner, land management authority, lessee, and superficiarius of the public and private vacant space within urban planning shall prepare and submit the certificate of land ownership as well as the temporary off-street parking facility establishment plan which specifies its location, surface plot, area and parking category, period of use, and management stipulations to the local competent authority, the local competent authority shall consult with Urban Planning authority, and other relevant authorities for approval.
During the approved period of use, the construction of designated temporary off-street parking facility is not subject to regulations of zoning related location, purpose, building coverage ratio, floor area ratio, and building height restrictions under the Urban Planning Act. However, temporary off-street parking facility established in residential areas must comply with the residential building coverage ratio, floor area ratio, and building height requirements.
The procedures, period of use, location, approved applications, building coverage ratio, floor area ratio, building height, landscape maintenance, audit standards, and other binding matters of aforementioned application shall be defined and approved by the Ministry of Transportation and Communications through consultation with the Ministry of the Interior and other relevant agencies.
The “vacant space” specified in the preceding paragraph refers to non-statutory vacant space without ground objects or with ground objects that are being demolished as defined in the Building Act.