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Railway Act CH

Announced Date: 2022-06-22
Content:
Amendment to Articles 4, 20, 32, 34-1, 36, 40, 41, 56-5, 57, 66-1, 67, 67-2, 70, and addition of Articles 21-1, 47-1, 56-6 and deletion of Article 23 promulgated on June 22, 2022.
Article 4 The competent authority for this Act is the Ministry of Transportation and Communications (MOTC).
National railways shall be managed by the competent authority. Local, private, and special railways shall be supervised by the competent authority.
The supervision and management of railways and other related business under this Act shall be handled by the Railway Bureau, MOTC (Railway Bureau); the administrative supervision of construction undertaken by the Railway Bureau shall be handled by the competent authority.

Article 20 For the purpose of operating national railways, the competent authority may establish a national railway institution; the establishment of which shall be stipulated separately by law.

Article 21-1 The national railway institution using adjoining public real estate to operate railway business or handling affiliated businesses in the preceding article, shall pay or lease said real estate for a fee, and shall consider the impact on public welfare.
The national railway institution, upon approval by the competent authority, may handle the development, disposal, or earnings of the state owned real estate it manages, and is not subject to the restrictions stipulated in Article 28 of the National Property Act. If the disposition is for sale or a superficies right is set for a certain period, it must seek approval from the Executive Yuan.
The regulations for the development methods, planning, procedures, deliberations, operation, supervision and management, dispositions, earnings, and other related matters referred to in the preceding paragraph shall be determined by the competent authority.
If the real estate in Paragraph 2 is an asset of the national railway institution, the earnings shall be recirculated through the institution for utilization.
When the real estate development in Paragraph 2 involves changes in urban planning, the competent authority must coordinate with the competent authority for urban planning to handle rapid changes in accordance with the provisions of Article 27 of the Urban Planning Law; for non urban land use changes, the competent authority shall comply with the relevant provisions of the Regional Plan Act or the Spatial Planning Act.
For urban plan changes referred to in the preceding paragraph, reasonable land use zoning categories shall be established, appropriate land development intensity and allowable usage items shall be determined; the burden of development obligations of the national railway institution shall be moderately reduced, and the regulations shall be determined by the competent authority of the target business.

Article 32 National, local, and private railway institutions shall report to the Railway Bureau in accordance with the following regulations:
(1) Report every month regarding engineering progress and the economic situation during the pre-opening or construction period.
(2) Report every three months on the operation status during the operation period.
(3) Report every year on the entire railway status, business profit and deficit, transportation situation, and improvement plans within six months after the end of the operational year.
The progressive status and economic situation of special railways shall be reported every month during the construction period.

Article 34-1 Without passing a qualifying examination and obtaining a license from the Railway Bureau, a railway train operator shall not drive a train. The railway institutions shall not assign such drivers, either.
The aforementioned regulations on the qualifying examination, the issuance and management of licenses, and other matters of train drivers/operators in the preceding paragraph shall be prescribed by the competent authority.
The handling of the qualifying examination in Paragraph 1 may be entrusted to other agencies (institutions) or organizations; The guidelines for the eligibility, conditions, responsibilities, supervision, and other matters of such entrusted shall be prescribed by the competent authority.

Article 36 The Railway Bureau may order necessary transportation equipment used by local, private, and special railways to be improved within a prescribed time limit when it deems it inappropriate.

Article 40 In the event of serious operational accidents or delay, local, private, and special railway institutions shall immediately notify the Railway Bureau and report the progress thereof for inspections whenever necessary; general railway operational accidents and abnormal events shall also be reported on a monthly basis.
The guidelines for the definition of serious railway operational accidents, general railway operational accidents, serious delay and abnormal events, as well as that of notification content, notification methods, and other relevant matters in the preceding paragraph shall be prescribed by the competent authority.
The Railway Bureau may request that person in charge or relevant supervisors of the railway institutions give an explanation on the reported content submitted by the railway institution pursuant to the provisions of Article 40, Paragraph 1.
Railway institutions shall prescribe contingency plans for railway operational accidents and abnormal events, of which the contents shall include on-site handling, notification operations, passenger information announcements, passenger evacuation or transfer, personnel rescue, operational dispatch, manpower dispatch for emergency repair and rescue, removal of dangerous articles, railway clearance and safety, and equipment preparation.
Railway institutions shall implement periodic and non-periodic exercises, conduct reviews, and make improvements based on the contingency plan.
The Railway Bureau may inspect the content of the contingency plan drawn up by the railway institutions and the circumstances of periodic and non-periodic exercises. The Railway Bureau shall order improvements to be made within a deadline if unsatisfactory implementation is found.
When the railway institution handles the notification in Paragraph 1 hereof, it shall also simultaneously notify the Taiwan Transportation Safety Board in accordance with the Transportation Occurrences Investigation Act.

Article 41 The Railway Bureau shall, periodically and non-periodically, assign personnel to inspect the construction, materials, operations, transportation, finance, accounting, actual property status, management of subordinate businesses of local, private, and special railways. When necessary, it may order the local, private, and special railways to submit relevant documents and account books. If unsatisfactory implementation or deficiencies are found, the Railway Bureau shall order improvements to be made within a limited time, and if necessary, part or all of its operations shall be suspended.
The inspections as referred to in the preceding paragraph shall not be evaded, obstructed, or refused by local, private, and special railway institutions.
The inspection affairs as referred to in Paragraph 1 may be entrusted to other agencies (institutions) and organizations; the regulations on the qualifications, conditions, responsibilities, supervision, and other matters of such entrusted shall be prescribed by the competent authority.

Article 47-1 If part or all of the routes operated by the railway institution can be connected to the sightseeing areas along rail lines of a sightseeing service nature, a fee may be charged according to the content of the tourism service provided; the fee, scope, and the route, together with the tourism service plan shall be submitted to the competent authority for approval. After approval, they shall be announced and implemented by the railway institution. The same provisions shall apply in the case of a change therein.
The tourism service plan in the preceding paragraph shall include the following contents at minimum:
(1) The characteristics of the tourism service.
(2) The route(s), service scope, and schedule of the plan.
(3) Service content, cost, impact on local commuter and supporting measures, etc.

Article 56-5 Regarding accidents and abnormal events that occur during railway operation, railway institutions shall collect information, investigate and research the cause(s), and adopt appropriate preventive and corrective actions in preparation for a future inspection to be conducted by the Railway Bureau.
Before the end of the first quarter of each year, railway institutions shall present an annual safety management report based on the review results of accidents and abnormal events of the previous year
to the Railway Bureau. The content of the report shall include the following matters:
(1) Safety concepts and objectives of operation for railway institutions;
(2) Organizational structure and implementation methods of safety management;
(3) Actions adopted or intended to ensure and upgrade operational safety;
(4) Reviews and preventive measures of accidents and abnormal events;
(5) Other important matters related to operational safety.
Railway institutions shall effectively preserve records of the railway operations, train monitoring, and maintenance of their operating trains; the items, period, and management matters of preservation shall be prescribed by the competent authority.
Railway institutions and related personnel shall also cooperate with the Taiwan Transportation Safety Board in conducting investigations in accordance with the Transportation Occurrences Investigation Act.

Article 56-6 The Railway Bureau shall review the accidents and abnormal events that occur during railway operations.
For railway accidents and abnormal events that are not major transportation accidents identified under the Transportation Occurrences Investigation Act, the Railway Bureau may investigate the fact(s) and cause(s) thereof if necessary.
If the Railway Bureau finds that there are matters that should be improved in terms of the results of the review or investigation in the preceding two paragraphs, it shall order the railway institution to make improvements within a prescribed time limit as well as monitoring and tracking such improvements; any misconduct involving violation of the provisions of this Act shall be punished in accordance with the law; in the event of the violation of internal regulations, the railway institution may be ordered to hold relevant personnel accountable, impose penalties and punishments, or take other necessary measures.
Railway institutions and their employees shall cooperate with the Railway Bureau in its need for review or investigation and provide explanations, relevant records, facilities, equipment, information, or items, and shall not evade, cause obstruction, or refuse.
The Railway Bureau shall establish a railway safety reporting system for railway employees to report. Its establishment shall not be for the purpose of punishment or accountability, and the identity of the reporter as well as the source of the information shall be kept confidential so as to avoid major accidents.

Article 57 Passengers riding on the train, shippers transporting freight, and recipients receiving freight shall abide by railway safety-related laws and regulations as well as instructions of personnel at the train station and on the train.
Pedestrians and vehicles shall not intrude into/onto railway routes, bridges, as well as places inside tunnels and stations not designated for public use.
When pedestrians need to cross railway routes, they shall halt, look, listen, and then proceed with crossing only after ascertaining that no trains are approaching from either direction. However, electrified railway sections shall not be crossed except for at overpasses, underpasses, and railway-crossings.
Livestock pasturing is strictly forbidden within the bordering slopes of railway routes and within five meters from the center of railway tracks.

Article 66-1 Railway institutions or special railways approved to operate passenger and freight transportation shall be fined in the amount of NT$600,000 or more but no more than NT$3,000,000 in case of any of the following circumstances:
(1) Violation of the regulations in Article 56-1, Paragraph 3, or Article 56-1, Paragraph 3 applying mutatis mutandis to Article 64 regarding the inspection and maintenance work to be conducted on the foundations, tracks, bridges, electricity equipment, or operational safety equipment, as well as the record to be made.
(2) Violation of the regulations in Article 56-2, Paragraph 2 or Article 56-2, Paragraph 2 applying mutatis mutandis to Article 64 regarding the inspection and repair work to be conducted on locomotives and vehicles, as well as the record to be made.
(3) Violation of the regulations in Article 56-3, Paragraph 2, or Article 56-3, Paragraph 2 applying mutatis mutandis to Article 64 regarding the daily patrol, inspection and maintenance, operation of routes, lines, equipment, signaling blocks to be conducted, and other matters to be followed in the course of railway operation, or the examination to be conducted on railway operational personnel before they go on duty.
(4) Violation of the regulations in Article 56-4, Paragraph 2 or Article 56-4, Paragraph 2 applying mutatis mutandis to Article 64 regarding the inspections of railway operational personnel to be conducted or the assignment of inspected and qualified personnel to execute railway operational work.
(5) Evasion of, obstruction of or refusal to cooperate by railway institutions or their employees in the review or an investigation conducted by the Railway Bureau as referred to in Article 56-6, Paragraph 4 or of Article 56-6, Paragraph 4 applying mutatis mutandis to Article 64, or refusal to provide or conceal or destroy relevant records, facilities, equipment, information or articles.
In the event of one of the various circumstances in the preceding paragraph, railway institutions or their employees shall be ordered to make improvements within a prescribed time limit, and may have an aggravated fine up to one-half of the maximum fine in the preceding paragraph imposed for their failure to make such improvements within the prescribed time limit; in the event of serious violations, part or all of their operations shall be suspended.

Article 67 Railway institutions or special railways shall be fined in the amount of NT$300,000 or more but no more than NT$1,500,000 in case of any of the following circumstances:
(1) Violation of the regulations in Article 16, Paragraph 1 on the failure to commence and complete the works pursuant to the prescribed deadlines.
(2) Violation of the regulations in Article 32, Paragraph 1; Article 40, Paragraph 1; or Article 32 applying mutatis mutandis to Article 44; or Article 40, Paragraph 1 applying mutatis mutandis to Article 44-1 on failure in reporting.
(3) Violation of the regulations in Article 34, or Article 34 applying mutatis mutandis to Article 44 regarding the employment of foreign workers without approval.
(4) Violation of the regulations in Article 36, Paragraph 6; Article 40, Paragraph 1; Article 41; or Article 36 applying mutatis mutandis to Article 41-1; Article 40, Paragraph 6; Article 41, Paragraph 1; or Article 56-6, Paragraph 3 applying mutatis mutandis to Article 56-6, Paragraph 3 or Article 64 on the failure to make improvements after being notified thereof within the prescribed time limit.
(5) Violation of the regulations in Article 40, Paragraphs 4 or 5; Article 41, Paragraph 2; or Article 40, Paragraphs 4 or 5 or Article 41 Paragraph 2 applying mutatis mutandis to Article 44-1.
(6) Violation of the regulations in Article 38, Paragraph 1, Subparagraph 2 or Article 38, Paragraph 2 on operating passenger and cargo transportation without approval as well as other ancillary businesses other than those within its business scope.
(7) Violation of the regulations in Article 39, Paragraph 1 on changes to the organization, increases or decreases of capital, business leasing, mortgage on property, the transfer of management, announcement of suspension or termination of business without approval.
(8) Violation of the regulations in Article 46, Paragraph 4 on the failure to report the indemnity criterion for delay to the MOTC for recordation and then promulgation and implementation thereafter.
(9) Violation of the regulations in Article 47 on the failure to announce or the failure to implement freight transport and miscellaneous charges pursuant to the announcement.
(10) Violation of the regulations in Article 47-1 on fees charged without approval, without announcement or fees charged without being pursuant to the approval or announcement.
(11) Violation of the regulations in Article 56-5, Paragraphs 1 to 3; or Article 56-5, Paragraphs 1 to 3 applying mutatis mutandis to Article 64 on the failure to collect information, investigate and research the causes; adopt appropriate preventive and corrective measures for inspections to be conducted by the Railway Bureau; failure to present a safety management report; or failure to effectively preserve records of railway operation, train monitoring, and maintenance of operating trains.
(12) Violation of the regulations in Article 63 on the failure to take out liability insurance in the amount designated by the competent authority.
In the event that of one of the various circumstances in the preceding paragraph occurs, railway institutions or their employees shall be ordered to make improvements within a prescribed time limit, and may have an aggravated fine up to one-half of the maximum fine in the preceding paragraph imposed for their failure to make such improvements within the prescribed time limit; in the event of serious violations, part or all of their operations shall be suspended or their business registration shall be abolished.
In the event that local, private, or special railway institutions are given a punishment of suspension of business or abolishment of registration, the Railway Bureau shall take appropriate measures to continuously maintain passenger and cargo transportation services.

Article 67-2 Violation of the regulations in Article 34-1, Paragraph 1 or Article 34-1, Paragraph 1 applying mutatis mutandis to Article 44-1 by private or national railway train conductors who drive the train without having passed the qualification examination and obtained a license shall be fined in the amount of NT$100,000 or more but no more than NT$500,000.
In the event that a railway train conductor causes a serious railway operational accident intentionally or through negligence, the Railway Bureau may order the conductor to halt operations and may abolish their license in accordance with the law.

Article 70 Pedestrians, automotive drivers, or livestock owners who violate one of the regulations in Article 57, Paragraphs 2 to 4 or Article 57, Paragraphs 2 to 4 applying mutatis mutandis to Article 64, a fine in the amount of NT$10,000 or more but no more than NT$50,000, shall be imposed thereon.
Should such circumstances as referred to in the preceding paragraph seriously affect the safety of railway operations, a fine in the amount of NT$50,000 or more but not more than NT$100,000 shall be imposed thereon; if it causes serious injury, a fine in the amount of NT$100,000 but not more than NT$300,000 shall be imposed thereon; if such circumstance causes a casualty, a fine in the amount of NT$100,000 but not more than NT$500,000 shall be imposed thereon.