Laws Information

法規資訊
Title: Urban Road Act
Am Date: 2004-01-07
Legislative History: As amended on April 24, 2002; January 7, 2004
Effective from January 1, 2005

Transaction

Amendment

Article 33-1
Persons who violate paragraph 3 of Article 9, namely do not complete the improvements personally within the permitted period, may be levied with a fine of not less than NTD5,000 and not more than NTD25,000 and be continuously fined on a monthly basis until completion of the improvements.
Article 2
The following roads are specified as urban roads:
(1) All roads which are within urban planning regions.
(2) All roads which are within special municipalities and provincial municipalities, and which are outside urban planning regions.
(3) All roads which are within population settlements approved by the central government provincial authority.

Article 3
The following are specified as accessory works of urban roads:
(1) The ferries, bridges, and tunnels which connect roads.
(2) The drainage, guardrails, tunnels, curbstones, railing stones, soil shields, street lamps, and other street equipment of the roads.
(3) The backing lot, parking lot, safety island and street trees.
(4) Disabled access / access-free facilities.
(5) Other accessory works approved by competent authorities.

Article 9
The ground levels of arcades of buildings and uncovered sidewalks facing both sides of urban roads shall be constructed in accordance with the urban road and accessory work design standards and road height regulations.
Road levels which are uneven with the adjacent ground are prohibited.
Where the above mentioned ground levels without a designated height when constructed or which is uneven with the adjacent ground due to special land form, the urban road authority with special municipality and county (city) shall designate a section of road to establish a budget depending on city development requirements, or reconstruct such roads with the costs to be shared by building owners, users and maintainers.
Where the first mentioned ground levels which were reconstructed without permission and thus are not in accordance with the urban roads and accessory works standards or which cause jams, the urban road authority with special municipality and county (city) shall inform the building owners, users and maintainers in writing to make improvements personally within two months.

Article 23
The funds for constructing, improving and maintaining urban roads shall be raised from the following sources:
(1) The annual budget compiled by each responsible authority or each township office.
(2) The usage feess of urban roads.
(3) The benefit assessments collected according to the law.
(4) The usage fees of vehicle fuel.
(5) The donations by private persons or organizations.
(6) The subsidies of the superior authorities.
(7) Other funds approved by the central or provincial authorities.
The usage fees of urban roads as provided in subparagraph 2 of the proceeding paragraph shall be charged from the entities which use the urban road pipes and wires or equipment; and the amount shall be determined by the Ministry of Inferior.
The abovementioned fuel usage fees shall be collected by the highway authorities, and the distribution ratio shall be determined by provincial or municipal governments according to the maintenance and actual needs and reported to the Ministry of Interior for approval in consultation with the Ministry of Transportation and Communications.

Article 27
With respect to the construction work which of necessity causes damage to urban roads, the authority in-charge (organization), pipe and wire enterprise authority (organization) or the constructor of the project shall gain permission from the competent authorities of urban roads and pay the permission fees.
If the emergency measures are necessary to protect life, property or public safety, the application may be made afterwards.
Excepting important state projects, the competent authorities of urban roads should adopt one of the following methods to handle the above application:
(1) Charge the dig fees from the applicant and dig and repair the roads following the construction schedule.
(2) Assist or require applicants to personally do the construction, supervise the construction, demand completion of road reparation within a fixed period.
Any person who digs a road without permission as provided in the first paragraph shall be fined in accordance with Article 33 and repair the road personally or pay the road repair fees so that the competent authorities of urban roads can make repairs.
The urban road authorities may, depending on actual needs, prohibit the digging of a section of road following repairs within a fixed period.
The purview of the first four businesses and road digging, planning and management has been authorized by the competent authorities of urban roads to other authorities (organizations) or groups for handling.
The competent authorities of urban roads shall levy the dig fees as provided in subparagraph 1 of paragraph 2 and repair fees as provided in paragraph 3 to establish a road fund, and management and operation details shall be instituted by the municipal or county (city) government with jurisdiction and reported to the Ministry of Interior.

Article 32
The urban roads and accessory works design standards should be designated by the Ministry of Interior based on factors including car maintenance, passerby safety, obstacle-free living circumstances and road view.
The regulations regarding divisional responsibilities and rights, establishment maintenance and obstacle elimination of urban roads within the special municipality or county (city) jurisdiction shall be drawn by their respective governments and reported to the Ministry of Interior for record.

Article 33
Persons who violate Article 16 or paragraph 1 of Article 27, namely constructing or digging a road without permission, may be levied with a fine of not less than NTD30,000 and not more than NTD150,000 by the urban road authorities.
Persons who do not repair the roads or make a bad repair based on subparagraph 2, paragraph 2 of Article 27, may be levied with a fine of not less than NTD30,000 and not more than NTD150,000 by the urban road authorities and may be each time continuously fined.

Article 34
This Act shall be effective from the date of its promulgation.
The enforcement date of this amendment of this Act shall be determined by the Executive Yuan.