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Highway Act CH

Announced Date: 2023-06-28
Content:
Amendment to Article 72,73, and addition of Article 74-1, 74-2 promulgated on June 28, 2023.
Article 72
Unauthorized use or destruction of highway land or damage to highway facilities shall be subject to a fine of no less than NTD 60,000 and not more than NTD 300,000; The highway authority shall order the offender to restore the original condition, reimburse the restoration fees, or provide compensation.
In the aforementioned circumstances, if a written notice specifying a reasonable period for restoration to the original condition is given and the party fails to comply within the specified period, the highway authority may impose a fine of no less than NTD 60,000 and no more than NTD 300,000, and shall be subjected to fine per occurrence.
If piping or wiring agencies or other engineering agencies install pipelines or other public facilities and fail to maintain traffic or conduct repairs as stipulated in the applied-for and permitted engineering project plan, the agencies shall be fined at least NTD 30,000 but not more than NTD 150,000, and shall be requested to improve in a given period. If the required improvements are not made by the specified deadline, agencies shall be subjected to fine per occurrence.
Unauthorized construction on proposed highway land after promulgation and boundary marking and forbidding or restricting construction shall be demolished by highway authorities in joint with relevant authorities.

Article 73
Unauthorized vehicles driving on restricted or forbidden highways, causing damage to road beds, road surfaces, bridges or culverts shall be fined at least NTD 60,000 but no more than NTD 300,000; and highway authorities shall also demand the offender to restore the structure, reimburse restoration fees or compensate.
In the aforementioned circumstances, if, after being instructed in writing to restore the original condition within a specified period, the requirement is not fulfilled, the highway regulatory authority may impose fines ranging from over NTD 60,000 to under NTD 300,000, and such fines may be applied per occurrence.

Article 74-1
Anyone who steal, destruction, or other unlawful means, jeopardizes the proper operation of vital highway facilities or equipment, shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than NTD 5,000,000 dollars may be imposed.
Those who commit the aforementioned offenses with the intent to jeopardize national security or social stability shall be sentenced to imprisonment not less than three years but not more than ten years; in addition thereto, a fine of not more than NTD 50,000,000 dollars may be imposed.
If the situations described in the preceding two paragraphs
result in disasters, shall be subject to the punishment prescribed for such an offense by increasing it up to one half; If the offense results in death, shall be sentenced to life imprisonment or imprisonment for not less than seven years, and in addition thereto, a fine of not more than NTD 100,000,000 may be imposed; If the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than five years but less than
twelve years, and in addition thereto, a fine of not more than NTD 80,000,000 may be imposed.
An attempt to commit the offenses set forth in paragraphs 1 and 2 is also punishable.

Article 74-2
For the core information and communication systems of crucial highway facilities or equipment, anyone who jeopardizes their normal operation through any of the following methods shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than NTD 5,000,000 may be imposed.
(1)A person who gains access into another person’s computer or related equipment by entering the password of another person's computer account, cracking the
protective measures for using the computer or exploiting the loophole of the computer system without any reason.
(2)A person who without reason interferes, through the use of computer programs or other electromagnetic methods, with the computer or relating equipment of another person.
(3)A person without reason obtains, deletes or alters the magnetic record of another’s computer or relating equipment.
This also applies to a person who makes computer programs specifically for himself or another to commit the offense set forth in the preceding paragraph.
Any person, who intends to endanger national security or social stability and commit the offenses set forth in paragraphs 1 and 2, shall be sentenced to imprisonment for a term of not more than three years but less than ten years; in addition thereto, a fine of not more than NTD 50,000,000 may be imposed.
Where any of the situations specified in the preceding three paragraphs results in a disaster, the punishment will be increased by half; where the situation results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years, and in addition thereto, a fine of not more than NTD 100,000,000 may be imposed; where the situation results in serious injury, the offender shall be sentenced to imprisonment for not less
than five years but less than twelve years, and in addition thereto, a fine of not more than NTD 80,000,000 may be imposed.
An attempt to commit an offense specified in paragraphs 1 to 3 is punishable.
The scope of the important highway facilities and equipment mentioned in the first paragragh and the preceding article's first paragraph shall be announced by the MOTC.