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Railway Act CH

Announced Date: 2020-05-19
Amended and promulgated article 19-1, article 40, article 56-4 and article 56-5 by Presidential Order No. 10900053571 and effective on May 19, 2020.
Article 19-1
Products for railway applications, designated by the MOTC, shall be used in railways only after they have been tested or certified by the Testing and Certification Bodies recognized by the MOTC.
The categories and items of aforementioned designated products, as well as testing procedures or certification criteria thereof, shall be announced by the MOTC.
The regulation governing qualifications, recognition, withdrawal and abolishment of recognition, supervision, and other matters of compliance pertaining to the Testing and Certification Bodies mentioned in Paragraph 1 hereof, shall be prescribed by the MOTC.
Where bilateral or multilateral recognition agreements or conventions are signed between the Republic of China with other countries, regional organizations, or international organizations, the MOTC may accept test reports or certificates issued in accordance with the provisions set out in such agreements or conventions; the MOTC may also accept test reports or certificates in accordance with the relevant duties of the International Conventions.

Article 40
In case of serious operational accidents or delay, local, private, and special railway, institutions shall immediately notify the MOTC and report the progress, whenever necessary. General operational accidents and abnormal events shall also be reported on a monthly basis.
The criteria of definitions, notified contents, notified methods and other relevant matters of aforementioned serious operational accidents, general operational accidents, serious delay, and abnormal events shall be provided by the MOTC.
The MOTC may ask railway superintendents to explain reports issued based on Paragraph 1, Article 40.
Railway institutions shall provide contingency plans for operational accidents and abnormal events, whose contents shall include information regarding the following: site arrangement, notified activities, passenger information bulletins, passenger evacuation or transfer, personnel emergency medical treatment, operation and dispatch, as well as manpower dispatch and equipment arrangement for repair and rescue.
Railway institutions shall implement periodic exercises, review, and improvements based on the contingency plans.
The MOTC may check the contents of contingency plans and their situations of exercises, in case of unsatisfactory execution, the MOTC shall ask for a correction within a deadline.
When railway institutions handle the notification in Paragraph 1 hereof, they shall also notify the Taiwan Transportation Safety Board in accordance with Transportation Occurrences Investigation Act.

Article 56-4
Railway institutions shall effectively train and administrate employees so that they possess railway expertise and abilities of safety operation, response to maintaining safety, assistance in sanitation and disease prevention, as well as exact understanding and strict obedience of all railway laws. Before newly-acquired locomotives and vehicles, or safety related operating equipment, auxiliary equipment for maintaining safety, auxiliary equipment for sanitation and disease prevention, or technologies are deemed ready for operation, they shall follow the same aforementioned regulations.
Railway institutions shall execute pre-assigned inspections, periodical inspections and unscheduled inspections of operating personnel regarding their ability, physical and spiritual status. In case an employee is deemed unqualified, that employee shall not be assigned, or else shall be temporarily terminated or have his duty adjusted.
The rules regarding definitions, necessary trainings, skill examinations, physical and spiritual inspections, executing methods, items, periods, qualification criteria, handling of unqualified employees and other relevant matters of aforementioned railway operating personnel, shall be provided by the MOTC.

Article 56-5
Regarding accidents and abnormal events happening during railway operation, railway institutions shall collect information and investigate, research the cause, adopt appropriate preventive and corrective actions in preparation of a future inspection by the MOTC.
The MOTC shall entrust experts to investigate the occurrence and causes of any serious accident, and ask for descriptions from railway institutions or relevant operating personnel, as well as require relevant information and operational records, facilities, equipment etc.
Before the end of the first quarter of each year, railway institutions shall present an annual safety management report to the MOTC, reviewing all abnormal events during the previous year. The report shall include the following matters:
(1) Safety concepts and objectives of railway institution operation;
(2) Organization configuration and implementation methods of safety management;
(3) Actions adopted or to be adopted to ensure and upgrade operational safety;
(4) Reviews of preventive actions regarding accidences and abnormal events;
(5) Other important matters related to operational safety.
Railway institutions shall keep effective records of the operation, train monitoring, and maintenance of their operating trains; the items, period, and management affairs of preservation shall be prescribed by the MOTC.
Railway institutions and related personnel shall also cooperate, in accordance with the Transportation Occurrences Investigation Act, with the Taiwan Transportation Safety Board in conducting investigations.