Laws Information

法規資訊
Title: Railway Act
Am Date: 2014-06-18
Legislative History: Amended on June 18, 2014

Transaction

Amended

Article 44-1
Supervision of national railways, shall comply with regulations of Article 34-1, Article 36, Article 37, Article 40 and Article 41.

Article 55-1
The rules of railway passengers, luggage, packages, freight transportation, railway institutions’ responsibility and other relevant matters shall be provided by the MOTC.

Article 56-1
Railway institutions shall take responsibility for the construction, repair and maintenance of civil and architectural facilities, track facilities, security and protection equipment, telecommunication facilities, electrification facilities and station equipment, as well as the maintenance of railway cultural assets.
Railway institutions shall provide barrier-free transportation service on actual demands and plan to install barrier-free facilities and equipment for convenient action and use by persons with disabilities.
The rules of construction, repair, maintenance and other relevant matters of railway facilities and equipment refer to Paragraph 1, additional railway cultural assets conducted on related acts, shall be provided by the MOTC.

Article 56-2
Railway institutions shall take responsibility to inspect and repair railway locomotives and vehicles.
The rules of category, methods, items and periods, usage regulations and other relevant matters of aforementioned inspect and repair of railway locomotives and vehicles shall be provided by the MOTC.

Article 56-3
Railway institutions shall ensure railway operating safety.
The rules of railway route, equipment, vehicles, loading restrictions, signals, signs, marks, operation, blocks, accidences handling and other relevant matters of aforementioned railway operation shall be provided by the MOTC.

Article 56-4
Railway institutions shall effectively train and administrate employees so that they possess railway professional and safety executional abilities, as well as exact understanding and strict obedience of all railway acts. Before new-come locomotives and vehicles, or operating equipment or safety related 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 after an, that employee shall not be assigned, or else shall be temporarily terminated or have his duty adjusted.
The rules of 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 check and examination 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’s contents shall include the following matters:
(1) Safety concept and target of railway institution operation;
(2) Organization configuration and implementation method of safety management;
(3) Adopted or to be adopted actions to ensure and upgrade operational safety;
(4) Review preventive actions of accidences and abnormal events;
(5) Other important matters related to operational safety.

Article 61-1
To maintain railway building and operational safety, the MOTC may jointly reconnoiter with local municipality or county governments, the prohibiting and restricting of building range along both sides of the railway.
The aforementioned prohibiting and restricting of building range will be drawn into topographic maps or cadasters by the MOTC after reconnoitering, then presented to the local municipality or county governments to conduct public hearings, overt exhibit for 30 days, before announcing the enforcement, which shall be exempt from regulations regarding relevant land usage control acts.
All modifications of prohibited and restricted building range shall be modified or abolished according to the regulated procedures in the aforementioned 2 paragraphs.

Article 61-2
Inside the prohibited building range, with the exception of those constructed by the railway and its stations, connecting construction and affiliated facilities, shall not be subject to the following :
(1) Construction a building;
(2) Erection of engineering facilities;
(3) Installation of advertising objects;
(4) Piling of obstacles;
(5) Land excavation or filling behaviors;
(6) Other engineering activities.
The aforementioned actions ratified by the MOTC and adopted essential actions shall be exempted.
Other engineering actions regulated in Section 6 of Paragraph 1 include new, additional, modifying and restoring constructions above or under the ground, dismantling of structure or its affiliated facilities, installation or replacement of the aerial lines crossing-over the railway etc., any engineering action that obstructs railway buildings or hinders operational safety.
After announcing a prohibited building range, in cases involving existing or in the process of erecting architecture, engineering facilities, advertising objects, obstacles, land excavation, filling and other engineering activities, which may obstruct a railway building or hinder operational safety, the MOTC may consult and request each presiding authority s to modify or dismantle within a deadline. The dismantling of legal architectures, engineering facilities or advertising objects shall receive equivalent compensation. In case there is disagreement with the compensation, the local office shall report its superior office for ratification and implementation.

Article 61-3
After the announcement of restricting building range, all cases should refer to all sections of Paragraph 1 of the previous article. If there is a need to apply for a construction license or permit under the acts, the petitioner shall submit a construction license or permit with the documents regulated by each presiding authority and the MOTC, and be approved by those presiding authorities jointly with the MOTC before execution.
In case the behavior refers to all any section of Paragraph 1 of the previous article regarding restricting building range, that doesn’t require an application for a construction license or permit under the Acts, shall append the documents regulated by the MOTC, and be approved by the MOTC before execution.
Prior to the aforementioned two paragraphs, the behavior subject to Paragraph 1 of the previous article which risk or obstruct railway building or operational safety, the MOTC may ask the applicant to modify engineering design, erection method or take other appropriated measures.

Article 61-4
In case of violation of regulations of the aforementioned two Articles, any construction beside or along a railway done without permission, or construction that obstructs a railway building or operational satiety, the MOTC may consult and request all presiding authorities to stop construction or activity. The MOTC may request modification, dismantling, improvement, or a remedy within a set deadline. In case there is no presiding authority, the aforementioned disciplinary actions may be executed by the MOTC. The police force of the governing area shall assist, if necessary.
In case the aforementioned construction damages railway facilities or endangers operational safety, the applicants, contractors, sponsors, or supervisors shall be responsible for the restoration or pay a damage indemnity.

Article 61-5
The measures of the aforementioned four articles on delimitations, overt exhibitions, announcements, modifications, discontinuities of prohibiting and restricting building range; prohibiting behaviors, dismantling compensations of prohibiting building range; control behaviors, control specifications, applications, approvals, administrations and disciplinary actions and other. Relevant matters shall be jointly provided by the MOTC and Ministry of the Interior after consulted with local governments.

Article 66-1
In case of any of the followings, railway institutions or special railways ratified to manage passengers and freight transportation shall be fined a minimum of NT$ 600,000, not to exceed NT$ 3,000,000:
(1) Violation of the regulations in Paragraph 3 of Article 56-1 or the compliance of Paragraph 3 of Article 56-1 in Article 64, regarding to conduct the inspection and maintenance tasks of foundation, track, bridge, electrification equipment or operational security equipment, and make the records.
(2) Violation of the regulations in Paragraph 2 of Article 56-2 or compliance of Paragraph 2 of Article 56-2 in Article 64, regarding to conduct the inspection and repair tasks of locomotive and vehicle, and make the records.
(3) Violation of the regulations in Paragraph 2 of Article 56-3 or the compliance of Paragraph 2 of Article 56-3 in Article 64, regarding to conduct the daily patrol, inspection and maintenance, operation, block and other matters those shall be followed while operation, or those shall examine on operational personnel before his on duty.
(4) Violation of the regulations in Paragraph 2 of Article 56-4 or the compliance of Paragraph 2 of Article 56-4 in Article 64, regarding to execution of inspections for operating personnel or assignment of the inspected and qualified personnel to execute operational tasks.
(5) Avoidance, obstruction or refusal of an investigation by the MOTC refer to Paragraph 2 of Article 56-5 or the compliance of Paragraph 2 of Article 56-5 in Article 64, or refuse to provide or attempting to conceal, destroy relevant records, facilities, equipment, information or objects.
In case one of aforementioned in each section, the railway institutions and special railways shall be commanded their corrections within deadline and fail to correct will be punished continuously by notification every time, and discontinue its operation of part or entire railway for those transgressions in severity.

Article 68-1
In case of any of the following occur, the violator shall be fined a minimum of NT$ 10,000, not to exceed NT$ 50,000:
(1) Stacking placing or throwing objects onto railway track or relevant equipment that could jeopardize operational safety.
(2) Carrying dangerous or combustible goods into railway route, depot, station or vehicle without allowance, without informing authorities or giving false information.
(3) Arbitrarily manipulation of a railway station, depot equipment or jeopardizing the normal working of railway system and equipment in any manner.
(4) Throwing or discharging objects onto the running train.
(5) Arbitrarily locking the carriage, or obstructing railway personnel from executing his/her duty, or jeopardizing public safety in any method.
Article 2
Definitions:
(1) Railways: transportation systems and their relevant facilities guided by tracks and driven by powered vehicles.
(2) Railway institutions: public institutions that manage the operation of railways, or private institutions that manage the construction or operation of railways.
(3) High speed railways: railways with an operational speed above 200 Km/hr.
(4) Electrified railways: railways powered by direct or alternating currents.
(5) National railways: railways owned by the nation and managed by the central government.
(6) Local railways: railways managed by local governments.
(7) Private railways: railways managed by citizens.
(8) Special railways: railways constructed by various enterprises and institutions, used exclusively for the transportation of their enterprise.
(9) Electricity transmission systems: lines and relevant disconnecting and protecting facilities that transmit electricity between transformer stations and railway transformer stations.
(10) Headroom: the minimum space required for the safe performance of trains.
(11) Height limits: facilities that limit the load height of vehicles passing through railway-crossings.

Article 8
To protect railway facilities, maintain order along the route, maintain order in stations and trains, ensure the safety of passengers and freights, and assist the execution of this Act, the MOTC may coordinate with the Ministry of the Interior to install railway police.

Article 14
Where railways and roadways intersect, three-dimensional crossings or railway-crossings shall be installed according to the volume of traffic.
The measures of planning, design, installation, modification, discontinuance, installation standards, expense allocation and other relevant matters of aforementioned three-dimensional crossings’ or railway-crossings’ protective facilities shall be provided by the MOTC.

Article 16
Railway construction shall commence and end within the deadlines ratified by the MOTC. If construction cannot commence or be completed within the deadlines, an application to the MOTC is required in order to ratify postponements of the said deadlines.
Upon completion of all or part of a railway construction, the proper authority shall report to the MOTC to execute the MOTC test and be ratified before being put into operation.

Article 18
In the case of attaching pipes suspended on railway bridges, tunnels or railway land, laying pipes or trenches within railway land or through railway beds, engineering blueprints shall be presented to railway institutions for approval and the construction should be erected or personnel sent to assist its supervision by railway institutions. The construction and maintenance expenses of the pipes or trenches shall be paid by the owner or user of those facilities.
In the case of necessary demolishment or relocation of attached or laid pipes or trenches due to railway practices, the owner or user of the facility shall not refuse, and expenses shall be evenly divided between the railway institution and the owner or user of the facility.

Article 21
National railways, with the exception of those whose main businesses is passengers and freight transportation, may conduct the following affiliated businesses:
(1) Piers and ferry transportation businesses of railway transportation.
(2) Automobile transshipment businesses of railway transportation.
(3) Receiving, delivering, reporting to customs, and storage business essential to railway transportation.
(4) Repair and manufacture of instruments and equipment essential to railway transportation and build.
(5) Other businesses essential to the cultivation and prosperity of railway transportation.
The rules of applied procedures, ratified conditions, operation, accounting, supervision and other relevant matters of the aforementioned affiliated businesses of national railways shall be provided by the MOTC.

Article 38
Local and private railway institutions may conduct the following affiliated businesses:
(1) Affiliated businesses according to Paragraph 1 of Article 21.
(2) Other businesses ratified by the MOTC.
Unless ratified by the MOTC, special railway institutions shall not manage passengers and freight transportation, as well as other affiliated businesses, other than their main business.
The rules of applied procedures, ratified conditions, operation, accounting, supervision and other relevant matters of affiliated businesses of local and private railway institutions, special railway institutions shall be provided by the MOTC.

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 that refer to Article 40 Paragraph 1.
Railway institutions shall provide contingency plans for operational accidents and abnormal events. Its 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, manpower dispatch and equipment arrangement for repair and rescue.
Railway institutions shall implement periodic exercises, refer to the contingency plans, then review and improve.
The MOTC may check the contents of contingency plans and their exercise situations, in case of unsatisfactory execution, the MOTC shall ask for a correction within a deadline.

Article 41
The MOTC shall, periodically or from necessity, assign personnel to inspect the engineering, materials, operations, transportation, finance, accounting, actual properties and management of affiliated businesses of local, private, and special railways. Relevant documents and account books should be available for inspection when asked. In case of unsatisfactory conduction, the MOTC shall ask for a correction within a deadline.

Article 45
Registration, construction, routing, organization modification, operation termination and operation ratification abolition, operation, passengers and freight transportation business, supervision and other relevant matters of local, private, and special railways shall be provided by the MOTC.

Article 46
Transportation contracts of passengers or freight are brought into existence due to the railway institutes’ acceptance of transportation. Passengers shall be transported on time, if unable to transport on time, railway institutions shall be liable to indemnify for the delay.
In case the aforementioned transportation delay is due to force majeure, the indemnity will be limited to a necessary fee of additional expense for delay of passengers.
Railway institutions shall provide the criterion of indemnity on delay situations and report to the MOTC to approve for future reference.
In case the damage to passenger exceeds the aforementioned criterion of indemnity, said passenger may still ask for indemnity on other acts.

Article 61
Besides high-speed railways, public and private construction along both sides of railway routes shall be restricted after railway institutions have consulted and requested the local municipality, county governments to conduct surveys of railway operation viewing distance and the requirements for the electricity supply wires of electrified railway wires. Existing buildings that block railway operation views may be requested, by corresponding authorities, to modify their structure within a time limit, or be demolished.
Trees and high-stemmed plants along both sides of railway routes that hinder railway operation safety or electricity supply wires may be cut down or pruned by railway institutions after notifying the owner or occupant. In case of an emergency situation, cutting or pruning before notifying is allowable.
The aforementioned modification and demolishment or cutting down and pruning shall be conducted where the least damage will be made or by the least damaging method available. Equivalent compensation shall also be given.

Article 62
In case of death, injury, or property damage or property loss caused by railway operations and other accidents, the railway shall be liable for damage indemnity. However, in the case of accidents that can be proven not attributable to railway operations, consolation money or medical subsidies shall still be considered for death or injury of people.
The measures of payment criteria, method and other relevant matters of aforementioned damage indemnity, consolation money or medical subsidies shall be provided by the MOTC.

Article 63
Railway passengers and freight transportation shall insure liability insurance under the amount designated by the MOTC.

Article 64
Special railways approbated to manage passengers and freight transportation shall comply with the regulations from Article 56-1 till Article 57 and aforementioned two articles.

Article 65
Persons conspiring to profit by purchasing tickets and reselling the tickets, or exchanging unsuitable benefit, shall be fined one to ten times the ticket price for each ticket. Selling ticket reservations for profit shall be fined in the same manner. .
The purchasing of tickets, obtaining reservations by illegal ways that input false data or incorrect information into a computer or its relevant equipment may be fined at a minimum NT$ 50,000 not to exceed NT$ 500,000.

Article 67
In case of any of the following occur, railway institutions or special railways shall be fined a minimum of NT$ 300,000, not to exceed NT$ 1,500,000:
(1) Violation of the regulations in Paragraph 1 of Article 16, commence and complete unconformity with ratified deadlines.
(2) Violation of the regulations in Article 32, Paragraph 1 of Article 40, compliance of Paragraph 1 of Article 32 in Article 44, or compliance of Paragraph 1 of Article 40 in Article 44-1, a delay in reporting. (3) Violation of the regulations in Article 34, or compliance of Article 34 in Article 44, employing foreign personnel without ratification.
(4) Violation of the regulations in Article 36, Paragraph 4 or 5 of Article 40, Article 41, compliance of Article 36, Paragraph 4 or 5 of Article 40 or 41 in Article 44-1, failure to correct a notice within the deadline.
(5) Violation of the regulations in Section 2 of Paragraph 1 or Paragraph 2 of Article 38, managing passengers and freight transportation as well as other affiliated businesses other than its main business without ratification.
(6) Violation of the regulations in Paragraph 1 of Article 39, modification of organization, increase or decrease of capital, rent operation, mortgage property, transfer administration, and announcing the discontinuance or termination of business without ratification.
(7) Violation of the regulations in Paragraph 4 of Article 46, failure to report the criterion of indemnity on delay situations to the MOTC to approve for future reference and announce to enforce.
(8) Violation of the regulations in Article 47, failure to announce or implement transportation prices and miscellaneous expenses.
(9) Violation of the regulations in Paragraph 1 or 3 of Article 56-5, or compliance of Paragraph 1 or 3 of Article 56-5 in Article 64, failure to collect information and investigate, research the causes, adopt appropriate preventive and corrective actions for future check and examination by the MOTC, or failure to present a safety management report.
(10) Violation of the regulations in Article 63, failure to obtain insurance for the amount designated by the MOTC.
Regarding one of the aforementioned Sections 1, 3, 9 a railway institution receiving notification to correct or improve by set deadline, in case of failure to comply, violators will be punished for each transgression and shall discontinue operation of part or the entire railway, including termination of registration for severe transgressions
In cases local, private and special railways have been punished for terminating operation or abolishing registration, the MOTC shall take appropriate measures to continuously maintain its passengers and freight transport services.

Article 67-2
Violation of the regulation in Paragraph 1 of Article 34-1 or compliance of Paragraph 1 of Article 34-1 in Article 44-1, unlicensed private or national railway train drivers shall be fined a minimum of NT$ 100,000 and not to exceed NT$ 500,000.
In cases where a railway train operator with or without intention, causes a serious operational accident, the MOTC may instruct the railway to suspend his/her operation and abolish his/her license under the acts.

Article 70
Pedestrians, automotive drivers or livestock owner who violate one of the regulation in Paragraph 2 to 4 of Article 57 or compliance of Paragraph 2 to 4 of Article 57 in Article 64, shall be fined a minimum of NT$ 1,500, not to exceed NT$ 7,500.

Article 71
In case of any of the followings shall be fined a minimum of NT$ 1,500, not to exceed NT$ 7,500:
(1) Climbing onto, jumping on or off, or holding onto moving trains.
(2) Sitting on, standing on or using steps, blocking doors, or opening doors without permission on moving trains.
(3) Riding in carriages or locomotives not intended for passengers that may cause danger, and refuse to leave after instruction.
(4) Entering and exiting train stations or get on and off of trains from undesignated places, and ignore persuasion.
(5) Soliciting, selling goods or distributing advertising objects to passengers or people on trains or within train station districts without permission, and ignore persuasion.
(6) Refusing to corporate with railway station or train personnel to check tickets.
(7) Chewing betel nut, littering, arbitrarily sticking objects on trains or within train station districts, or other drawing, writing, on carriages, station districts or route equipment etc. without permission.
(8) Carrying animal into station districts or carriages without permission or ignoring railway institution’s regulations
(9) Setting up booths, put up scaffolding or banquet without permission within train station vicinity.
(10) Obstructing other passengers and refusing to leave when ordered.
(11) Without any reason lie on the seat in carriages or platforms, and ignore persuasion.
Violation of aforementioned or one of situation in each sections of Article 68-1, railway station or train personnel may coercively demand violators to leave the station, train, or railway area. Transportation fee for the remaining journey is not refundable.

Article 72
Punishments under Article 68-1 to previous regulation, the MOTC may entrust police authorities or railway institutions to execute.
Article 11
(Deleted)

Article 56
(Deleted)

Article 73
(Deleted)

Article 74
(Deleted)