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Chapter Law Content

Title: Parking Facility Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 3. Off-Street Parking
Article 16
The property of land used for off street parking facility shall follow the land use designed for parking facility or public facility designed for multiple application purpose with built-in parking facility following the regulation of Urban Planning. Upon the approval of land expropriation or appropriation, the authority of county, city or township government can operate by itself, or invite private sector to join the development following the modals listed below without the restrictions provided by Articles 208 and 219 of the Land Law, Article 52 of the Urban Planning Act and Article 28 of the State Property Law:
1.The authority of county, city or township government can contract out the constructed parking facility to private sector.
2.The authority of county, city or township government can contract out the land to the private sector for construction and operation parking facility.
3.The authority of county, city or township government can invite private sector to fund, contract, and operate the parking facility.
The approval of operation in terms of time for private investors can be determined according to the cost/revenue evaluation in the investment plan by the authority and investors, and approved by the superior government authority without the restrictions provided by Article 25 of the Land Law.
Upon the expiration of the contract, the invested parking buildings and facilities specified in Modal 2 and 3 of Article 16 shall be transferred, without any charge and dissent to the represented authority. This authority will then transfer the ownership and register them as a property of the state. Municipality, county (city), or township (town, city) government and private the investors shall not object to the arrangement. Within the legal contract period, the investors shall obtain the consent of the authority or township (town, city) office prior to make any change of the property such as transferring ownership or land use rights, or setting encumbrances.
Article 16-1
The provisions of Article 16 shall apply to the projects qualified for land use designed for parking facility or public facility designed for multiple application purpose with built-in parking facility followed the regulation of Urban Planning, that are approved for expropriation or appropriation prior to the amendment of this Act.
Article 17
The fare rate of public off-street parking lot shall be determined according to Article 31, on time base in principal and may also be collected by month. Parking fee for lots located in the downtown area or business district may charge additional long term parking fee. Thirty minutes can be the minimum charging time period units.
The fare rate and charging methods of private owned off-street public parking facilities must be prepared by the operators and submitted to municipal or county (city) government authority for future reference.
Article 18
The government authority shall, depending on its needs, designate no parking zones on streets near the off-street public parking facilities. If designated curb-side parking lots are needed for sections adjacent to prohibit parking areas, the parking fee shall be charged on hour base.
Article 19
For buildings with built-in parking facilities in accordance with the Building Act that are insufficient to meet local needs, the municipal or county (city) government authority shall work in conjunction with the urban planning authority to set standards and conditions to encourage constructing additional parking spaces and incorporate them into the regulation of Urban Planning.
For buildings with aforementioned built-in parking facilities or old buildings without such facilities, the government authority shall, depending on its actual needs, consult and work together with the relevant authorities to increase the number of built-in parking spaces when extending the buildings or changing their purpose of use.
Article 20
For public access buildings in areas of heavy traffic which may attract extensive demands, local government authority shall consult with the government authorities of construction and urban planning, and require the developer to make traffic impact assessment before the permission of construction in those areas.
In accordance with the Building Act, the traffic impact assessment must be done before the application of construct permission.
For the above-mentioned developer’s pre-review application, the government authority of construction shall submit such application to the local government authority to conduct traffic impact assessment; a careful review should be conducted in terms of demand for parking spaces, traffic movements at building entrances and other requirements.
The guidelines of a building’s traffic impact assessment shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of the Interior.
Article 21
Buildings with built-in air strike shelter facilities that meet the requirements of vehicle parking standards can only expand its approved usage for parking purpose.
Article 22
Private owned buildings with built-in parking facilities can open for public use by paying toll.
Except for its own business requirement, public buildings with built-in parking facilities can open for public use by paying toll.
Article 23
Industries of automobile transportation, trade, repairment, car wash and other automotive-related services shall construct enough parking spaces for its business operation. Regulations on parking facility construction and operation shall be formulated by the government authority of municipality or county (city) in her jurisdiction.