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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Article 63
Railway passengers and freight transportation shall insure liability insurance under the amount designated by the MOTC.
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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.
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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.
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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.
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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.
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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.
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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.
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Article 72
Punishments under Article 68-1 to previous regulation, the MOTC may entrust police authorities or railway institutions to execute.
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