Laws Information

法規資訊
Title: Highway Act
Am Date: 2013-07-03
Legislative History: Amendment to Articles1,2,4~6,11,12,24,26,28,36~38,47,51,57-1,61,62,62-1,67, and addition of Article 60-1 promulgated on July 3, 2013.

Transaction

Amendment

Article 60-1
To construct or maintain highways and relevant facilities safely, highway authorities may dispatch officers who shall produce certificates and documents relating to their duties to be performed, or badges sufficient to establish their identity, to enter public or private land to conduct necessary checks or inspections. The owner, occupier, user or manager of the land shall not refuse, evade or interfere. But access to national defense facilities shall require the consent of the authority of the national defense facilities.
When it is necessary to use any facilities on the public or private land or enter fenced land for the checks and inspections mentioned in the preceding paragraph, the owner, occupier, user or manager of the land shall be noticed in written form of the checks and inspections seven days before the checks and inspections occur, and village chiefs or police officers shall also be asked to be present on site. But for emergencies or significant public hazards likely to occur in case of much delay, the notice may be sent later after access to the land or use of the facilities.
If any damage is caused by access to or use of the public or private land mentioned in the preceding two paragraphs, appropriate compensation shall be provided.
Article 1
This Act is enacted to enhance the planning, construction, and maintenance of highways; to ensure highway systems to be operated properly; and to develop highway transportation businesses meet the purpose of promoting public welfare and traffic safety.

Article 2
Definitions:
(1) "Highway": includes national highways, provincial highways, city highways, county highways, district highways, country roads, special highways and any highway-related facilities.
(2) "National highway": includes freeways or expressways which connect two or more municipalities (or provinces), major ports, airports, or major political, economic and cultural centers.
(3) "Provincial highway": includes major roadways which connect two or more counties or municipalities (or provinces), or major political, economic and cultural centers.
(4) "City highway": includes roads which connect municipalities (or counties) or major districts within municipalities.
(5) "County highway": includes roads which connect counties (cities) or county center with major townships.
(6) "District highway": includes roads which connect districts within or district centers with the villages or indigenous peoples’ neighborhoods in the district.
(7) "Country roads": includes roads which connect neighbor townships or villages, and indigenous peoples’ neighborhoods within the township.
(8) "Special highway": includes roads constructed by public or private institutions for their exclusive transport use.
(9) "Vehicle": includes cars, trolleybuses, slow-moving vehicles, and other motor vehicles on roadways.
(10) "Car": includes vehicles powered by a prime mover, not including the vehicles powered by electricity installed on rail.
(11) "Trolleybus": includes any electric bus that draws its electricity from overhead wires, or any electric power vehicle which runs on tracks along public urban streets.
(12) "slow-moving vehicles": includes pedal-powered bicycles, electric power-auxiliary bicycles, electric bicycles, human or animal-driven vehicles with three wheels or more.
(13) Highway Operation Enterprise: a business that constructs, maintains, or manages highways and parking lots, and charging the users for transportation or parking.
(14) "Automobile or Trolleybus Transportation Enterprise": an enterprise engaging in the business of transportation service by automobile or trolleybus.
(15) "Taxicab Transportation Service": a business of carrying passengers by taxi.

Article 4
Highway systems shall be designed in accordance with the national construction master plan’.
Setting procedures are as follows:
(1) National highways and provincial highways are drafted by the MOTC, and ratified and promulgated by the Executive Yuan.
(2) City highways and district highways are drafted by municipality governments, and ratified and proclaimed by the MOTC.
(3) County highways and country roads are drafted by county (city) governments, and ratified and proclaimed by the MOTC.
Urban roads incorporated into highway route systems are considered as highways; and their associated setting procedures are drafted by the MOTC and municipality or county governments, respectively, as the provisions in sections (2) and (3) above.
City and county highway systems are numbered by the MOTC before being ratified and promulgated under the provisions in the first two paragraphs.
The two aforementioned procedures also apply to the abolishment of highway system plans or existing highways.
The design of highway route systems mentioned in the first paragraph shall be drafted by highway authorities based on functions and design standards for the highways defined in Article 2. The criteria for classification of highways are determined by the MOTC.

Article 5
Where provincial highways and National highways share routes, the shared sections shall be considered as part of the national highway system. Where city highways, county highways and provincial highways share routes, the shared sections shall be considered as part of the provincial highway route system.
Where district highways and city highways share routes, the shared sections shall be considered as part of the city highway system. Where and county highways share routes, the shared sections shall be considered as part of the county highway system. Where urban roads and highways, rather than special highways, share routes, the shared sections shall be considered as part of the highway system.

Article 6
National highways and provincial highways are governed by the central highway authority. But for the provincial highways passing through municipalities or city districts, governance over the highway sections in the municipalities or city districts, except expressways as an unique systems, shall be determined after the negotiation between the central highway authority and municipality governments or city governments.
City and district highways are governed by municipality highway authorities; and county highways and country roads are governed by county (or city) highway authorities. But when municipality and county (or city) highway authorities consider it is necessary to delegate part of city or county highways to the central highway authority, they may consult the central highway authority to determine a limited period of highway governance.
The period of governance of the highways delegated under the preceding paragraph is up to three years after the county (or city) changes into a municipality.
If The two procedures, rights and obligations and management referred to the second paragraph shall be prescribed by the MOTC.

Article 11
National highway and provincial highway construction projects shall be conducted by the central highway authority. But for the sections of the provincial highways passing through municipalities or city districts, the construction projects, except for expressways with independent route systems, shall be determined after negotiation between the central highway authority and the municipality governments or city governments.
City and district highway construction projects shall be conducted by municipality highway authorities; and county highway and country roads construction projects shall be conducted by county (or city) highway authorities. But the construction projects for the city or county highways delegated to the central highway authority shall be conducted through negotiation between the delegating and the delegated authorities.

Article 12
The sharing principle of highway construction funds shall be as follows:
(1) National highways and provincial highways: funds shall be provided by the central government, except for interchanges to be established or improved based on proposals made by local governments for regional needs. However, projects proposed by local governments for putting up or improving the interchange in view of regional traffic needs, the funds shall be collectively borne by central government and related municipalities or county (city) governments; the fund sharing proportion will be determined according to their financial affordability.
(2) City and district highways: Funds shall be provided by municipality governments.
(3) County highways: Funds shall be provided by county governments.
(4) country roads: Funds shall be provided by county governments.
Municipalities and county (or city) governments may apply for financial support from their higher levels of government if they are short of funds for the construction country roads.

Article 24
Automobiles passing through highways constructed by highway authorities may be charged toll under the following conditions:
(1) The facility was constructed on credit.
(2) The accepted grant includes a condition to collect fees.
(3) Another new route was opened between the same origin and destination, and the passing traffic can be benefited ,.
(4) The facility belongs to an existing highway system with toll.
The MOTC shall determine the regulations which specify toll collection procedures, collection facilities, methods of collection, types of toll-charging vehicles, toll rates, management, toll collection and exemption rules, toll payment enforcement, handling fees for toll payment enforcement, and toll-related matters authorized to other agencies.
Different toll rates will be set basing on types of vehicles, the method of computing the toll rates mentioned in the preceding paragraph shall be decided by the MOTC, taking into account construction, operation and maintenance costs, level of benefits to users, traffic volume, toll collection period and special considerations may be subject to highway sections, time section and travelling mileage.
The toll rate computing method mentioned in the preceding paragraph shall be applied to highway operation enterprises also.
Vehicles that are charged tolls under the provisions in the first paragraph are exempted from construction benefit fee specified in the Regulations for Collection of Construction Benefit Fee.

Article 26
National highways and provincial highways shall be maintained by the central highway authority. But for the sections of provincial highways passing through municipalities or city districts, their repair and maintenance, except expressways with independent systems, shall be determined after negotiation between the central highway authority and the municipality governments or city governments.
City highways and district highways shall be maintained by municipality highway authorities; and county highways and country roads shall be maintained by county (or city) highway authorities. But the city or county highways delegated to the central highway authority to manage shall be managed by the delegated central highway authority.

Article 28
Central highway authorities may establish highway construction funds for the needs of highway constructions and management with the following income:
(1)Toll for passing vehicles.
(2) Automobile fuel charges taxes allotted to highway constructions.
(3) Government budgets allocation.
(4) Private or organization donations.
(5) Service income on toll highways.
(6) Other legal funds allotted to highway constructions.

Article 36
The operation of a commercial automobile business should be private except routes concerning remote regions and national defense, which shall be operated by the central or local governments. However, where the private institutions or enterprises cannot afford these routes, the government may take over their operation.

Article 37
Applications for commercial automobile should adhere to the following:
(1) Applications for operation of highway automobile transportation enterprise, tourist bus transportation enterprise, car rental business, pickup truck rental business, automobile cargo transportation business, automobile cargo transportation route within designated routes, or container truck transportation enterprise shall apply to the central highway authority.
(2) Metropolitan automobile transportation enterprise:
(a) Those belonging to municipalities should apply to the municipal highway authorities.
(b) Those belonging to county/city should apply to the corresponding county/city highway authority.
(3) Those who want to apply for a license of the taxicab transportation business shall apply to the special municipal city highway authority if the main office is located in the municipality; otherwise it shall apply to the central authorities.
For bus transportation providers operating routes which pass through provincial, county, and city highways under paragraph 1, subsections 2 of this article, the highway authority processing the application should obtain the approval of the highway authorities of neighboring municipalities ,counties ,cities. Those which do not approve should report to the central highway authorities for ratification.

Article 38
Highway authorities shall examine the applications of commercial automobile transportation enterprise applicants in accordance with the following requirements:
(1) It meets the regional transportation needs.
(2) It makes a tangible contribution to public convenience.
(3) It has adequate operating finances.
(4) It has a sufficient number of authorized vehicles, stations and premises with access-free facilities and equipments for passengers with mentally and physically disability.
Detailed regulations under this article are prescribed by the MOTC.

Article 47
The highway authorities may set the following orders to commercial automobile businesses that are considered to impair public interests or traffic safety due to misconduct:
(1) Improvement within a time limit
(2) If demanded improvements are not made within the given time limit or if improvements have been ineffective, partial business may be suspension
(3) For proprietors who fail to improve after more than 1 year of partial suspension, their commercial automobile business license may be revoked under the sanction of the MOTC.
If the commercial automobile business mentioned in the preceding paragraph directs any person that does not have a professional driver’s license or is not a qualified driver to work as a driver, highway authorities shall investigate the severity of the situation and choose to proceed with the case under the subparagraph 3 of the preceding paragraph without giving a limited period of time for correction.
Under the first paragraph, when the business is subject to partial suspension or revocation of its business license under this article, highway authorities should take appropriate measures to maintain passenger and goods transportation activities, so that transportation does not become discontinued.

Article 51
Passengers riding without tickets (or permits) or use invalid tickets (or permits) should be required to purchase tickets, and may be charged an additional 50% of the original price unless there is a valid reason. Automobile transportation providers may examine the shipper’s goods if the provider has doubt about the name, quality, or number of the reported carried goods. . If the provider believes that carriage has been undercharged, after the examination the shipper may be charged a reimbursement fee no more than 4 times of the original carriage,.

Article 57-1
To maintain traffic safety or business order for a commercial automobile business, highway authorities shall perform audits with police and appropriate authorities for any violation of Articles 47, 77 and 77-3.
Any violations found through the audits performed under the provisions in the preceding paragraph shall be confirmed by evidence data obtained by scientific equipment. The method of defining the evidence data obtained by scientific equipment shall be announced by highway authorities.
When highway authorities dispatch officers to perform roadside inspections, necessary precautions and protective measures shall be taken against any danger to their lives, bodies and health likely incurred due to their position and duty activities. Condolence payments to them shall be equivalent to those made to police officers on duty.

Article 61
The registration, testing, and issuing licenses of cars and trolley buses, and the registration, examinations, and issuing licenses of drivers and mechanics, are uniformly processed by the central competent roadway authority, and may be entrusted to relevant institution or organization.
For the institution and organization under the aforementioned paragraph, except as otherwise provided in Article 63, regulations which specify authorized items, authorized parties’ qualifications, personnels, equipment standards, application approval procedures, necessary items stated in authorization contracts, fee charging criteria, management, supervision and the cease or termination of authorization shall be determined by the MOTC.
Military cars, except the vehicles in the military system under the regulations enacted by the Ministry of National Defense, shall comply with the provisions in the aforementioned two paragraphs.

Article 62
Central highway authorities may establish training institutions to train automobile drivers, mechanics, test members, inspectors and directors, driver trainers, automobile construction lecturers, and road traffic management regulations lecturers in automobile driver training institutions; and the necessary training expenses may be collected from subordinate business institutions or trainees.
The aforementioned institutions may act under the commission of the training and assessment for the aforementioned staff by Central highway authorities.

Article 62-1
The establishment of private automobile driver training institutions should apply for sanction under highway authorities with complete establishment in the prescribed time period and recruit after the accreditation certificate is issued.
The administration of private automobile driver training institutions and standards for equipment, curriculum, and charges, assessment and supervision, and the regulations for the restriction, the official reprimand, taking corrective action within a requested time period, a halt to recruitment of students and revoking the accreditation of private automobile driver training institutions, shall be determined by the MOTC in conjunction with the Ministry of Education.

Article 67
Traffic accident appraisal and review shall be undertaken by the subordinate agency designated by the MOTC. But if the accidents occur in the administrative areas of municipalities, the traffic accident investigation and reconsideration shall be undertaken by municipality governments or the subordinate agency designated by the municipality governments, or may be entrusted to the subordinate agency designated by the MOTC.
The regulations which specify the appraisal and review of vehicle driving accidents mentioned in the preceding paragraph shall be enacted by the MOTC jointly with the Ministry of the Interior and the Ministry of Justice.