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

Print Time:2024/12/12 07:48
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Article 5
The applicant shall submit the application form, applicant's information, and the innovative experimentation plan, to the competent authority for approval to undertake innovative experimentation.
The project plan for the innovative experimentation, as mentioned in the preceding paragraph, shall include the following items:
1.A description of its innovativeness;
2.An analysis of the applicability, concerning the exemption from traffic and other related laws and regulations involved, of the innovative experimentation;
3.A description that illustrates the scope, duration, scale of the innovative experimentation, and a completed simulation analysis or a closed field experiment;
4.A description of the person in charge of managing and executing the innovative experimentation;
5.The expected benefits of the innovative experimentation and the benchmarks to be used for measuring the achievement of such benefits;
6.Documents concerning agreements of the government authorities or the owners of the site(s) to cooperate with the implementation of the experimentation;
7.The contracts with the experiment participants;
8.A usage plan, if the experiment involves the use of radio frequency; a certificate of usage approval by the competent authority in charge of the end enterprises concerned shall also be submitted, if the radio frequency to be used is outside the scope of Article 13 Paragraph 1 of this Act;
9.An exit strategy after the applicant submitted an application to stop the innovative experimentation in writing, the competent authority revokes its approval, or the permitted duration for the innovative experimentation expires;
10.Documents of cooperation agreements and descriptions of mutual rights and responsibilities, if the innovative experimentation is to be implemented with the cooperation of other natural persons, sole proprietorships, partnerships or legal persons;
11.The descriptions concerning the setting up of the data recorders of unmanned vehicles and the provision of recorded data;
12.The documents, or descriptions, concerning safety compliance of the unmanned vehicles or its associated devices;
13.The description concerning ensuring the continuous communications link between the unmanned vehicle and the monitoring operators, and obtaining control or other response measures via two-way communications, in the event of an expected or unexpected, failure or hazard;
14.The potential risks, risk management mechanisms, and risk reduction measures during the innovative experimentation;
15.An analysis of impacts on traffic and measures for mitigating these impacts;
16.The protection measures for experiment participants and experiment stakeholders;
17.Plans for insurance coverage;
18.The information system and safety control measures, as adopted for the innovative experimentation;
19.Documents, as required, for obtaining relevant licenses from the transportation competent authorities pursuant to Article 8 Paragraph 4;
20.A description of the project, if it involves a business operation;
21.Other matters, as specified, by the competent authority.
The competent authority shall determine the regulations concerning basis for the application and insurance, and review the innovative experimentation and the management, extensions, changes, and other matters related to the approved innovative experimentation.
Article 7
The competent authority shall review the following items in the application for innovative experimentation:
1.That it has innovativeness;
2.Confirm that, within its scope of experimentation, it is not possible to obtain the permission or approval of the competent authority in charge of the end enterprises concerned in accordance with current laws and regulations, and that, in order to proceed with the innovative experimentation, certain applicable laws, regulations, orders or administrative rules from which it should be exempt;
3.That it has the feasibility of being a public open field experiment, and includes data of relevant experience and analysis from the simulation or closed field testing;
4.That it can effectively improve the efficiency of transportation services or systems, and improve safety, or reduce operating and usage costs;
5.That it includes measures to maintain smooth traffic flow and ensure traffic safety;
6.That its potential risks have been assessed, and that relevant response measures and other safety or risk control measures, relating to the innovative experimentation program, have been established;
7.That it has established protective measures for experiment participants and experiment stakeholders, and has advanced preparations in place for appropriate compensation, as required;
8.Any other matters, pursuant to the decision of the review meeting, that should be explained by the applicant.
Article 21
The applicant shall submit an innovative experimentation report to the competent authority within 30 days after the expiration of the approved period for the innovative experimentation.
The report, as referred to in the preceding paragraph, shall include the following items:
1.The course of the innovative experimentation and the outcomes;
2.Risk occurrences and traffic incident report records;
3.Records of the frequency and circumstances requiring human intervention to control the unmanned vehicles;
4.Other matters specified by the competent authority.
The competent authority may convene an evaluation meeting concerning the outcomes of an innovative experimentation.
Article 22
During the period of innovative experimentation, if the applicant implements the experiments within the scope approved by the competent authority, the innovative experimentation activities are not subject to the applicable laws, regulations, orders or administrative rules that were exempted in the approved decision. However, the provisions of the Money Laundering Control Act, Counter-Terrorism Financing Act and related regulations, orders, or administrative rules, will still apply.
The laws as mentioned in the preceding paragraph may include the following provisions:
1.The provisions of Article 16 Paragraph 1, Article 19, Article 21, Article 21-1, Article 25, Article 31-1 Paragraph 1, Article 32, Article 32-1, Article 34, Article 36, Article 60, Article 63, Article 69-1, Article 72 and Article 73 Paragraph 1 Subparagraph 6 of the Road Traffic Management and Penalty Act;
2.The provisions of Article 63 Paragraph 1, Article 77 Paragraphs 1 to 3 and Paragraph 5 and Article 77-3 of the Highway Act;
3.The provisions of Article 108, Article 110 Paragraph 1, Article 118-1 to Article 118-3 and Article 119-1 of the Civil Aviation Act. However, the exemption does not apply, if aviation safety is breeched, or any death or severe injury occurs due to a violation of the provisions of Article 110 Paragraph 1 of the Civil Aviation Act;
4.The provisions of Article 91 Paragraph 2, Article 92, Article 93, Article 95, Article 97 and Article 98 of the Law Of Ships;
5.The provisions of Article 84 Paragraph 1 Subparagraph 1 of the Seafarer Act, concerning the violation of provisions of Article 70-1 Paragraph 1 of the same act;
6.The provisions of Article 65 Paragraph 1 Subparagraph 8 to Subparagraph 10 and Paragraph 2 to Paragraph 4 of the same Article of the Telecommunications Act;
7.Other applicable laws that should be exempt for the development and application of unmanned vehicle technology. However, the exemption does not include laws and regulations concerning civil and criminal liability.
The exemption of applicable laws, regulations, orders or administrative rules, as mentioned in the first paragraph, shall be announced by the competent authority in accordance with the decisions of the review meeting.
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