Mass Rapid Transit Act
2023-06-28
手機睡眠
語音選擇
Chapter 1 General Provisions
Article 1
This Act is enacted to enhance transportation functions in urban areas, improve the living environment, promote the comprehensive development of a mass rapid transit system, and increase public welfare.
Article 2
With regard to the planning, construction, operation, supervision, and security of the mass rapid transit system, this Act shall prevail. To matters not specified herein, other relevant laws shall apply.
Article 3
1. The term "Mass Rapid Transit System" used herein shall mean public transportation systems which use ground-level, underground or elevated facilities for exclusive power vehicles driving on designated routes to transport large quantity of passengers within urban areas and neighborhoods with high frequency and quick service.
2.The mass rapid transit system referred to in the preceding paragraph is divided into the following two types according to its right-of-way:
(1) Exclusive right-of-way: All the routes are fully independent and exclusive without interference from road traffic.
(2) Non-exclusive right-of-way: Ground-level mass rapid transit routes that are partially physically separated from facilities established for the use of other vehicles. Exceptions are: no establishment of separation facilities at intersections, insufficient road space, or where there are other specific conditions and the mass rapid transit system shares road space with other vehicles.
3.The length of the shared road lanes for the mass rapid transit system with non-exclusive right-of-way shall not be longer than one quarter of the total length of the mass rapid transit route. However, specific conditions that have been submitted to the Executive Yuan via the central competent authority for approval are not subject to this restriction.
4.The mass rapid transit system referred to in Subparagraph 2 of Paragraph 2 of this Act shall take the following factors into consideration: traffic safety at intersections, pedestrians and traffic conditions, and traffic signals. Traffic priority or sound and light signals shall be installed.
2.The mass rapid transit system referred to in the preceding paragraph is divided into the following two types according to its right-of-way:
(1) Exclusive right-of-way: All the routes are fully independent and exclusive without interference from road traffic.
(2) Non-exclusive right-of-way: Ground-level mass rapid transit routes that are partially physically separated from facilities established for the use of other vehicles. Exceptions are: no establishment of separation facilities at intersections, insufficient road space, or where there are other specific conditions and the mass rapid transit system shares road space with other vehicles.
3.The length of the shared road lanes for the mass rapid transit system with non-exclusive right-of-way shall not be longer than one quarter of the total length of the mass rapid transit route. However, specific conditions that have been submitted to the Executive Yuan via the central competent authority for approval are not subject to this restriction.
4.The mass rapid transit system referred to in Subparagraph 2 of Paragraph 2 of this Act shall take the following factors into consideration: traffic safety at intersections, pedestrians and traffic conditions, and traffic signals. Traffic priority or sound and light signals shall be installed.
Article 4
1. The "Competent Authority" for the massive rapid transit system referred to herein shall mean the Ministry of Transportation and Communications at the central government level, municipal governments at the municipal level, and county (city) governments at the county (city) level.
2. The municipal and county (city) governments are entitled to negotiate with each other to generate the competent authority while the network spans two or more administrative regions. If no agreement can be reached through amicable negotiations, the case shall be referred to the Ministry of Transportation and Communications for a decision.
2. The municipal and county (city) governments are entitled to negotiate with each other to generate the competent authority while the network spans two or more administrative regions. If no agreement can be reached through amicable negotiations, the case shall be referred to the Ministry of Transportation and Communications for a decision.
Article 5
1. The construction cost for the mass rapid transit system and the proportions to be paid by different level of governments shall be included in the financial plan of the planning report in accordance with the first paragraph of Article 12, and shall be reported or referred by the central competent authority to the Executive Yuan for ratification.
2. The private sectors who undertake the construction referred to Paragraph 1 shall raise funds by themselves unless other regulations apply.
2. The private sectors who undertake the construction referred to Paragraph 1 shall raise funds by themselves unless other regulations apply.
Article 6
The land required for the mass rapid transit system may be expropriated or appropriated according to relevant regulations.
Article 7
1. In order to effectively use land resources and promote regional development, the competent authority shall implement the development of land for routes, depots, stations, and land adjacent to the mass rapid transit system.
2. Any one of the following circumstances shall define “land adjacent to the mass rapid transit system” referred to the preceding paragraph:
(1) The land immediately adjacent to mass rapid transit system facilities.
(2) The land located in the same street block and can be integrated into the construction site of the land required for mass rapid transit system facilities.
(3) The land located in neighboring street blocks of mass rapid transit system facilities and connected via underpass or overpass structures.
3. The competent authority may cooperate with the Ministry of the Interior or the relevant municipal and county (city) governments to adjust the use/zoning control for local land or the use/zoning control for regional land, so that such land may be developed in accordance with Paragraph 1 of this article.
4. The land required for the routes, depots, stations, and the development of areas adjacent to the mass rapid transit system may be acquired by compensated appropriation, purchase agreement, re-zoning of city-owned land, or zone expropriation. The regulations for purchase agreements shall be prescribed by the competent authority. If an agreement to purchase the land cannot be reached, the competent authority may then expropriate such land in accordance with applicable laws.
5. The competent authority may consult with the relevant authorities in charge of urban planning and land administration to acquire the land required for the development of routes, depots, stations, and areas adjacent to the mass rapid transit system through the method of zone expropriation after ratification made by the central competent authority in accordance with zone expropriation related regulations. Meanwhile, the competent authority shall announce its decision to implement urban planning and to proceed with land development within one year after the expiration of the notice period of such expropriation without being subject to the restrictions in Article 52 of the Urban Planning Act. 6.
6. The land required for the development of routes, depots, stations, and relevant ancillary facilities of the mass rapid transit system through the method of zone expropriation shall be registered on the zone expropriation proposal as land owned free of charge by the competent authority.
7. The regulations for the planning, application, reviewing, land acquisition process, development methods, items of permitted use, application deposit, performance bond, incentives, and management and supervision referred to in Paragraph 1 shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of the Interior.
The disposal, creation of encumbrances, leases, or benefits from the publicly owned land developed by the competent authority, and the fixed properties acquired by the competent authority because of said development shall not be subject to the restrictions in Article 25 of the Land Act, Article 28 of the National Property Act, and the regulations for the management of government-owned assets by local governments.
2. Any one of the following circumstances shall define “land adjacent to the mass rapid transit system” referred to the preceding paragraph:
(1) The land immediately adjacent to mass rapid transit system facilities.
(2) The land located in the same street block and can be integrated into the construction site of the land required for mass rapid transit system facilities.
(3) The land located in neighboring street blocks of mass rapid transit system facilities and connected via underpass or overpass structures.
3. The competent authority may cooperate with the Ministry of the Interior or the relevant municipal and county (city) governments to adjust the use/zoning control for local land or the use/zoning control for regional land, so that such land may be developed in accordance with Paragraph 1 of this article.
4. The land required for the routes, depots, stations, and the development of areas adjacent to the mass rapid transit system may be acquired by compensated appropriation, purchase agreement, re-zoning of city-owned land, or zone expropriation. The regulations for purchase agreements shall be prescribed by the competent authority. If an agreement to purchase the land cannot be reached, the competent authority may then expropriate such land in accordance with applicable laws.
5. The competent authority may consult with the relevant authorities in charge of urban planning and land administration to acquire the land required for the development of routes, depots, stations, and areas adjacent to the mass rapid transit system through the method of zone expropriation after ratification made by the central competent authority in accordance with zone expropriation related regulations. Meanwhile, the competent authority shall announce its decision to implement urban planning and to proceed with land development within one year after the expiration of the notice period of such expropriation without being subject to the restrictions in Article 52 of the Urban Planning Act. 6.
6. The land required for the development of routes, depots, stations, and relevant ancillary facilities of the mass rapid transit system through the method of zone expropriation shall be registered on the zone expropriation proposal as land owned free of charge by the competent authority.
7. The regulations for the planning, application, reviewing, land acquisition process, development methods, items of permitted use, application deposit, performance bond, incentives, and management and supervision referred to in Paragraph 1 shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of the Interior.
The disposal, creation of encumbrances, leases, or benefits from the publicly owned land developed by the competent authority, and the fixed properties acquired by the competent authority because of said development shall not be subject to the restrictions in Article 25 of the Land Act, Article 28 of the National Property Act, and the regulations for the management of government-owned assets by local governments.
Article 7-1
1. The competent authority may establish a fund for the land development referred to in Paragraph 1 of the preceding article. The sources of the fund are as follows:
(1) A proportion of the revenue from selling ( leasing) and management of fixed properties acquired because of land development
(2) Benefits or royalties earned from the implementation of land development
(3) Appropriations by the competent authority following the budget processes
(4) Interest from the fund
(5) Other revenues
2. The regulations for the revenues and expenditures, the management and the usage of the fund referred to in the preceding paragraph shall be prescribed by the central competent authority if the fund is established by the central authority, and reported to the Executive Yuan for approval and promulgation. The local competent authority shall also set the regulations if the fund is established by the local authority.
(1) A proportion of the revenue from selling ( leasing) and management of fixed properties acquired because of land development
(2) Benefits or royalties earned from the implementation of land development
(3) Appropriations by the competent authority following the budget processes
(4) Interest from the fund
(5) Other revenues
2. The regulations for the revenues and expenditures, the management and the usage of the fund referred to in the preceding paragraph shall be prescribed by the central competent authority if the fund is established by the central authority, and reported to the Executive Yuan for approval and promulgation. The local competent authority shall also set the regulations if the fund is established by the local authority.
Article 8
In order to facilitate mass rapid transit system communications, the organization of construction or operation of mass rapid transit system may establish the exclusive mass rapid transit system telecommunications after obtaining approval from the Ministry of Transportation and Communications.
Article 9
The competent authorities of different levels of government may establish negotiation committees to deal with issues such as planning, construction and operation in order to promote the development of the mass rapid transit system.
Chapter 2 Planning
Article 10
1.The planning of the mass rapid transit system shall be implemented by the competent authority or the private sector.
2. The competent authority or the private sector shall hold public hearings to solicit public opinion while implementing the pbm of the mass rapid transit system.
2. The competent authority or the private sector shall hold public hearings to solicit public opinion while implementing the pbm of the mass rapid transit system.
Article 11
The elements listed below shall be considered while planning the mass rapid transit system:
1. Geographic conditions.
2. Population distribution.
3. Natural ecology and environment.
4. Land use planning and development.
5. Social and economic activities.
6. Trends in urban transportation development.
7. Integrated development of transportation systems.
8. Impact on the road traffic adjacent to the mass rapid transit system with non-exclusive right-of-way
9. Other relevant issues.
1. Geographic conditions.
2. Population distribution.
3. Natural ecology and environment.
4. Land use planning and development.
5. Social and economic activities.
6. Trends in urban transportation development.
7. Integrated development of transportation systems.
8. Impact on the road traffic adjacent to the mass rapid transit system with non-exclusive right-of-way
9. Other relevant issues.
Article 12
1. The Mass Rapid Transit System Planning Report shall be submitted or referred by the central competent authority to the Executive Yuan for ratification, and its contents shall consist of the following topics:
(1) Planning objectives and the target year of the plan.
(2) Analysis and prediction of transportation volume.
(3) Engineering standards and technical feasibility.
(4) Economic benefits and financial evaluation.
(5) Network, depots, and stations plan.
(6) Construction priorities.
(7) Financial plan.
(8) Environmental impact statement and environmental impact assessment report.
(9) Land acquisition methods and feasibility assessment.
(10) Proceedings of public hearings and results from soliciting public opinion in accordance with Paragraph 2 of Article 10.
(11) Other relevant issues.
2. The Mass Rapid Transit System Planning Report referred to in the preceding paragraph shall include analyses of the impact on road traffic adjacent to the mass rapid transit system with non-exclusive right-of-way as well as specific plans for road traffic control.
3. A private sector organization that plans for a mass rapid transit system shall submit the Mass Rapid Transit System Planning Report referred to in Paragraph 1 of Article 12 of this Act to the local competent authority, and report to the Executive Yuan for ratification through the central competent authority.
(1) Planning objectives and the target year of the plan.
(2) Analysis and prediction of transportation volume.
(3) Engineering standards and technical feasibility.
(4) Economic benefits and financial evaluation.
(5) Network, depots, and stations plan.
(6) Construction priorities.
(7) Financial plan.
(8) Environmental impact statement and environmental impact assessment report.
(9) Land acquisition methods and feasibility assessment.
(10) Proceedings of public hearings and results from soliciting public opinion in accordance with Paragraph 2 of Article 10.
(11) Other relevant issues.
2. The Mass Rapid Transit System Planning Report referred to in the preceding paragraph shall include analyses of the impact on road traffic adjacent to the mass rapid transit system with non-exclusive right-of-way as well as specific plans for road traffic control.
3. A private sector organization that plans for a mass rapid transit system shall submit the Mass Rapid Transit System Planning Report referred to in Paragraph 1 of Article 12 of this Act to the local competent authority, and report to the Executive Yuan for ratification through the central competent authority.
Chapter 3 Construction
Article 13
1. The construction of the mass rapid transit system shall be implemented by the central competent authority. However, the implementation may be transferred to the local competent authority after being reported by the central competent authority and approval is obtained from the Executive Yuan.
2. The central or local competent authority of the mass rapid transit system may establish a construction organization to take charge of designing and building the mass rapid transit system network in accordance with the ratification in the preceding article.
3. The construction of the mass rapid transit system referred to the preceding paragraph may be implemented by other agencies or selected private sector organizations authorized and entrusted by the central or local competent authority.
4. For construction of the mass rapid transit system invested by the private sector, all applicants that apply to conduct the construction, the minimum corporate capital shall be no less than NT$1 billion and must account for more than 10 percent of the total construction cost. The applicant that acquires priority shall complete the registration of a limited joint stock company with minimum capital of more than 25 percent of the total construction cost within six months.
5. The minimum capital ratio of the private sector organization shall remain more than 25 percent during preparation, construction, and operation.
6. To integrate various experiences of mass rapid transit system construction, the central competent authority shall collect diverse relevant information on construction contracts, land acquisition, demolition compensation, relocation of utility pipelines, and arbitration issues, and actively provide the information to different construction organizations for reference.
2. The central or local competent authority of the mass rapid transit system may establish a construction organization to take charge of designing and building the mass rapid transit system network in accordance with the ratification in the preceding article.
3. The construction of the mass rapid transit system referred to the preceding paragraph may be implemented by other agencies or selected private sector organizations authorized and entrusted by the central or local competent authority.
4. For construction of the mass rapid transit system invested by the private sector, all applicants that apply to conduct the construction, the minimum corporate capital shall be no less than NT$1 billion and must account for more than 10 percent of the total construction cost. The applicant that acquires priority shall complete the registration of a limited joint stock company with minimum capital of more than 25 percent of the total construction cost within six months.
5. The minimum capital ratio of the private sector organization shall remain more than 25 percent during preparation, construction, and operation.
6. To integrate various experiences of mass rapid transit system construction, the central competent authority shall collect diverse relevant information on construction contracts, land acquisition, demolition compensation, relocation of utility pipelines, and arbitration issues, and actively provide the information to different construction organizations for reference.
Article 13-1
1. The design and construction supervision of the mass rapid transit system and its ancillary facilities shall be certified by legally registered and practicing relevant professional engineers in accordance with regulations. But, if the design and construction supervision are implemented by the competent authority, those within the competent authority who have professional engineering qualifications may perform the certification.
2. The central competent authority shall consult with the competent authority in charge of professional engineers before determining the category of relevant professional engineer referred to certification the preceding paragraph.
2. The central competent authority shall consult with the competent authority in charge of professional engineers before determining the category of relevant professional engineer referred to certification the preceding paragraph.
Article 14
1. The local competent authority who builds a mass rapid transit system shall submit the following documents to the central competent authority for ratification before proceeding the implementation:
(1) Approved planning report
(2) Preliminary engineering design drawings
(3) Fundraising plan
(4) Construction implementation plan
(5) The plans of establishment and operation for the mass rapid transit system operation organization
(6) Operating profit/loss statement
2. The central competent authority building a mass rapid transit system shall submit the above-mentioned documents to the Executive Yuan for ratification.
(1) Approved planning report
(2) Preliminary engineering design drawings
(3) Fundraising plan
(4) Construction implementation plan
(5) The plans of establishment and operation for the mass rapid transit system operation organization
(6) Operating profit/loss statement
2. The central competent authority building a mass rapid transit system shall submit the above-mentioned documents to the Executive Yuan for ratification.
Article 15
1. The dates of commencement and completion of a mass rapid transit system shall be set by the central construction authority or the local competent authority, and be reported to the central competent authority for ratification. If construction has not commenced or is not completed as scheduled, the reasons shall be specified clearly and reported to the central competent authority for an extension approval.
2. The mass rapid transit system network, or a section thereof, shall not commence revenue service until the central competent authority has approved a final inspection.
2. The mass rapid transit system network, or a section thereof, shall not commence revenue service until the central competent authority has approved a final inspection.
Article 16
The construction of bridge piers and tunnels shall comply with hydraulic facilities when routes of the mass rapid transit system cross rivers. Structures such as dikes and levees on riverbanks shall be enhanced properly, and shall be approved by the competent authority in charge of water resources to avoid danger.
Article 17
The competent authority shall carry out the construction of the mass rapid transit system in cooperation with the relevant competent authorities in charge of utility pipelines, sewers, and other public facilities.
Article 18
The construction organization of a mass rapid transit system may use rivers, ditches, culverts, dikes, roads, parks, and other public land for the performance of construction works. But, it shall notify the relevant competent authorities in advance.
Article 19
1. Where the construction of a mass rapid transit system needs to pass through, over or under any government or privately owned land or any improvement on the land, or conduits or cables will be attached to buildings along the mass rapid transit routes, the construction organization shall choose the location and manner of use that is the least harmful to the owners, possessors, or users, and provide reasonable compensation.
2. Before implementing the construction mentioned in the preceding paragraph, the competent authority may make records in the land register, or negotiate with the land owner to create superficies on the required space. If an agreement cannot be reached, the government may acquire the superficies on such land in accordance with the Land Expropriation Act.
3. In the event that the private owned land and improvements on the land referred to the preceding two paragraphs become unsuitable for proper use due to the passing through of the mass rapid transit system, the owners of the private owned land and improvements on the land may apply for expropriation of the land and improvements during the period from the date construction commenced to one year after the construction completion, and the competent authority shall not reject such application. The consideration received in accordance with the regulations referred to the preceding two paragraphs by the owners of private owned land and improvements on the land shall be deducted from the compensation paid for land expropriation and improvement on the land.
4. The owners of the land which the route of the mass rapid transit system passes through, either fully or in part, may be compensated with additional floor space within the new building referred to Paragraph 1 of this article.
5. The regulations governing the procedures for use of the space over or under the land and its improvements, scope of such use, cadastral demarcation, creation of superficies, land expropriation, notes, compensation for expropriation, registration, as well as the additional floor space within the new building as referred to the preceding four paragraphs shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
6. The competent authority may dispose, create encumbrances, lease or benefit from the land and its improvements acquired in accordance with Paragraph 3 of this article without being subject to the restrictions in Article 25 of the Land Act, Article 28 of the National Property Act, and the regulations governing the management of government-owned property by local governments.
2. Before implementing the construction mentioned in the preceding paragraph, the competent authority may make records in the land register, or negotiate with the land owner to create superficies on the required space. If an agreement cannot be reached, the government may acquire the superficies on such land in accordance with the Land Expropriation Act.
3. In the event that the private owned land and improvements on the land referred to the preceding two paragraphs become unsuitable for proper use due to the passing through of the mass rapid transit system, the owners of the private owned land and improvements on the land may apply for expropriation of the land and improvements during the period from the date construction commenced to one year after the construction completion, and the competent authority shall not reject such application. The consideration received in accordance with the regulations referred to the preceding two paragraphs by the owners of private owned land and improvements on the land shall be deducted from the compensation paid for land expropriation and improvement on the land.
4. The owners of the land which the route of the mass rapid transit system passes through, either fully or in part, may be compensated with additional floor space within the new building referred to Paragraph 1 of this article.
5. The regulations governing the procedures for use of the space over or under the land and its improvements, scope of such use, cadastral demarcation, creation of superficies, land expropriation, notes, compensation for expropriation, registration, as well as the additional floor space within the new building as referred to the preceding four paragraphs shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
6. The competent authority may dispose, create encumbrances, lease or benefit from the land and its improvements acquired in accordance with Paragraph 3 of this article without being subject to the restrictions in Article 25 of the Land Act, Article 28 of the National Property Act, and the regulations governing the management of government-owned property by local governments.
Article 20
1. Where it is difficult to construct air-raid shelter facilities or statutory parking spaces due to the construction of underground track or other underground facilities, the land owners may be exempted from the obligation to build air-raid shelter facilities or statutory parking spaces after inspection and ratification by the local competent authority.
2. The construction organization of a mass rapid transit system shall pay reasonable compensation to the land owner for damages or losses for being unable to construct air-raid shelter facilities or statutory parking spaces, or shall construct or purchase alternative parking spaces at a suitable location for substitution,in accordance with the preceding article.
2. The construction organization of a mass rapid transit system shall pay reasonable compensation to the land owner for damages or losses for being unable to construct air-raid shelter facilities or statutory parking spaces, or shall construct or purchase alternative parking spaces at a suitable location for substitution,in accordance with the preceding article.
Article 21
1. Where the construction organization of a mass rapid transit system hereunder needs to make a site survey, exploration, or to perform construction or maintenance works on mass rapid transit system routes and their facilities, it may, after giving a seven (7) days prior notice to the owners, possessors, or users of such government and/or private owned lands or buildings,access or use such land or buildings. Notwithstanding the above, in case of an emergency where a delay is likely to seriously jeopardize public safety, the construction organization shall enter or use such land or buildings without following abovementioned procedures.
2. Reasonable compensation shall be given to the owners, possessors, or users for any damages or losses caused as a result of the entry or use of the land or buildings referred to the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among the parties, the case shall be reported to the local competent authority for a final decision.
3. When the construction organization enters or uses private owned land or buildings in accordance with Paragraph 1, it shall invite the local village chief, neighborhood ward chief or police to attend at the scene.
2. Reasonable compensation shall be given to the owners, possessors, or users for any damages or losses caused as a result of the entry or use of the land or buildings referred to the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among the parties, the case shall be reported to the local competent authority for a final decision.
3. When the construction organization enters or uses private owned land or buildings in accordance with Paragraph 1, it shall invite the local village chief, neighborhood ward chief or police to attend at the scene.
Article 22
1. In making use of the government and/or private owned land or buildings pursuant to the preceding article, if it is necessary to destroy or dismantle buildings or other works on the land in fully or partially, the construction organization of mass rapid transit system shall first report the case to the local competent authority to notify the owners, possessors or users thereof to conduct such destruction or dismantling within a given period. In cases of emergency or failure to comply within the given period, the competent authority may forthwith, either by itself or through entrusting the local construction competent authority, enforce the compulsory destruction or dismantlement.
2. Reasonable compensation shall be made for the destruction and dismantlement made under the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among parties, the case shall be reported to the local competent authority for a final decision.
2. Reasonable compensation shall be made for the destruction and dismantlement made under the preceding paragraph. If there is any dispute regarding the compensation amount and the dispute cannot be settled through amicable negotiations among parties, the case shall be reported to the local competent authority for a final decision.
Article 23
The electricity supply industry has to set higher priority to supply the electricity required by mass rapid transit system. After obtaining approval from the competent authority in charge of electricity supply, the operation organization of mass rapid transit system may partially or entirely establish its own system for generating, transforming and distributing electricity.
Article 24
1. The attaching of associated utility pipelines to the facilities of mass rapid transit system shall commence after obtaining the approval of construction organization.
2. The installation of utility pipelines and ditches in the mass rapid transit system shall be approved by construction organization and carried out or supervised by construction organization personnel who have been provided with construction design drawings. The costs of the construction and maintenance of laying utility pipelines, and digging of ditches shall be shared by the owners or users of the facilities.
3. The owners or users of the associated utility pipelines and ditches mentioned in the preceding two paragraphs shall not refuse to cooperate when the facilities must be demolished due to the operation of mass rapid transit system. Either owners or users of the facilities and the construction or operation organization of mass rapid transit system shall pay half the costs each after the depreciated value of the demolished material has been deducted as the original facility standards.
4. Regulations of categorization, construction cost apportionment, payment, application procedure, construction period, and other relevant issues for the associated utility pipelines and ditches referred to the preceding three paragraphs shall be prescribed by the central competent authority.
2. The installation of utility pipelines and ditches in the mass rapid transit system shall be approved by construction organization and carried out or supervised by construction organization personnel who have been provided with construction design drawings. The costs of the construction and maintenance of laying utility pipelines, and digging of ditches shall be shared by the owners or users of the facilities.
3. The owners or users of the associated utility pipelines and ditches mentioned in the preceding two paragraphs shall not refuse to cooperate when the facilities must be demolished due to the operation of mass rapid transit system. Either owners or users of the facilities and the construction or operation organization of mass rapid transit system shall pay half the costs each after the depreciated value of the demolished material has been deducted as the original facility standards.
4. Regulations of categorization, construction cost apportionment, payment, application procedure, construction period, and other relevant issues for the associated utility pipelines and ditches referred to the preceding three paragraphs shall be prescribed by the central competent authority.
Article 24-1
1. The construction of the mass rapid transit system implemented on, above or under urban roads or highways may only commence after obtaining the approval from the competent authority in charge of urban roads or highways.
2. Where construction of a mass rapid transit system referred to the preceding paragraph requires demolition or removal of existing utility pipelines and ditches, the owners, possessors or users of the facilities shall not refuse to cooperate.The necessary costs shall be allocated according to Paragraph 3 and 4 of Article 24 of this Act.
3. For the mass rapid transit system referred to Subparagraph 2 of Paragraph 2 of Article 3 of this Act, relevant regulations regarding establishment standards, planning, management and maintenance, cost apportionment rules shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
4.The maintenance of shared road lanes shall be incorporated into the maintenance to mass rapid transit system.
2. Where construction of a mass rapid transit system referred to the preceding paragraph requires demolition or removal of existing utility pipelines and ditches, the owners, possessors or users of the facilities shall not refuse to cooperate.The necessary costs shall be allocated according to Paragraph 3 and 4 of Article 24 of this Act.
3. For the mass rapid transit system referred to Subparagraph 2 of Paragraph 2 of Article 3 of this Act, relevant regulations regarding establishment standards, planning, management and maintenance, cost apportionment rules shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
4.The maintenance of shared road lanes shall be incorporated into the maintenance to mass rapid transit system.
Article 24-2
The technical specifications of the construction of the mass rapid transit system and the manufacture of mass rapid transit trains shall be prescribed by the central competent authority. The above-mentioned technical specifications shall include establishment and maintenance of barrier-free equipment and facilities.
Chapter 4 Operation
Article 25
1. Where a mass rapid transit system is to be constructed by the central competent authority, the central competent authority may assign a local competent authority to establish an operation organization, which may also be invested and established by a private corporation after a selection process.
2. Where a mass rapid transit system is to be constructed by a local competent authority, the local competent authority may establish an operation organization, which may also be invested and established by a private corporation after a selection process.
3. The assets of the mass rapid transit system constructed by the government shall be co-owned by the local governments along the routes of the mass rapid transit system based on the proportion of investment. The assets of the mass rapid transit system constructed by the government that are partially financed by the central government shall be share-owned by the local governments along the routes of the mass rapid transit system based on the proportion of self-liquidation and non-self-liquidation investment. However, the operation organization does not share-own the assets of the mass rapid transit system. If the assets of the mass rapid transit system are leased to the operation organization for use and profit, the operation organization shall be responsible for management and maintenance of the assets.
4. The rental period and process of mass rapid transit system assets mentioned in the preceding paragraph shall not be subject to the restrictions referred to Paragraph 1, Article 449 of the Civil Code; Article 25 of the Land Act, and the regulations governing the management of government-owned assets by local governments.
5. The definition, range, management organization, asset registration, handing over, additions, damages, changes, disposal, benefits, creation of encumbrances, usage, lease, and management of the assets referred to in Paragraph 3 of this article shall be prescribed by the central competent authority.
2. Where a mass rapid transit system is to be constructed by a local competent authority, the local competent authority may establish an operation organization, which may also be invested and established by a private corporation after a selection process.
3. The assets of the mass rapid transit system constructed by the government shall be co-owned by the local governments along the routes of the mass rapid transit system based on the proportion of investment. The assets of the mass rapid transit system constructed by the government that are partially financed by the central government shall be share-owned by the local governments along the routes of the mass rapid transit system based on the proportion of self-liquidation and non-self-liquidation investment. However, the operation organization does not share-own the assets of the mass rapid transit system. If the assets of the mass rapid transit system are leased to the operation organization for use and profit, the operation organization shall be responsible for management and maintenance of the assets.
4. The rental period and process of mass rapid transit system assets mentioned in the preceding paragraph shall not be subject to the restrictions referred to Paragraph 1, Article 449 of the Civil Code; Article 25 of the Land Act, and the regulations governing the management of government-owned assets by local governments.
5. The definition, range, management organization, asset registration, handing over, additions, damages, changes, disposal, benefits, creation of encumbrances, usage, lease, and management of the assets referred to in Paragraph 3 of this article shall be prescribed by the central competent authority.
Article 26
The operation organization of a mass rapid transit system pursuant to the preceding article shall be a company limited shares established in accordance with the Company Act.
Article 27
The mass rapid transit system shall be operated and managed as an enterprise on a commercial basis, and passengers must pay fares in full. If other regulations require preferential treatment be given, the competent authorities shall prepare budgets to subsidize for the said treatment.
Article 28
The operational organization of the mass rapid transit system shall draw up service indices which shall be reported to the local competent authority for ratification, and shall be transferred to the central competent authority for future reference. The above-mentioned indices shall reflect the service quality of safe, time saving, comfortable and which is easily accessible for people with disabilities.
Article 29
1. The fare rate calculation formula of the mass rapid transit system shall be prescribed by the central competent authority, and be reported to Executive Yuan for ratification. The same process applies in the event of any changes.
2. The fares for the mass rapid transit system shall be prescribed by the operation organization according to the fare rate calculation formula referred to the preceding paragraph, and shall take effect through public announcement after ratification made by the local competent authority. The same process applies in the event of any changes.
2. The fares for the mass rapid transit system shall be prescribed by the operation organization according to the fare rate calculation formula referred to the preceding paragraph, and shall take effect through public announcement after ratification made by the local competent authority. The same process applies in the event of any changes.
Article 30
Technicians who serve in the operation and repair of mass rapid transit system facilities shall have obtained technical qualifications in accordance with the law or regulations.
Article 31
To promote integrated functionality of mass rapid transit systems and highway transportation systems, the local competent authority shall adjust the operation routes of highway bus carriers and urban bus carriers in conjunction with the local competent authority in charge of highways transportation, within the effective transportation distance of the mass rapid transit system, before and during the operation period of the mass rapid transit system.
Article 32
To encourage public goods, the local competent authority of the mass rapid transit system may ratify or order the operation organization of mass rapid transit system to implement integrated businesses such as joint by routes, tickets, and fares, with urban bus carriers or other public transportation industries.
Article 32-1
(deleted)
Article 32-2
The mass rapid transit system operation organization shall provide free battery charging service in mass rapid transit system stations for passengers’ emergency need.
Article 33
The operation organization of mass rapid transit system may maintain or repair depots and stations, or perform disaster relief in accordance with Article 18, Article 21 and Article 22 of this Act.
Chapter 5 Supervision
Article 34
The operation, maintenance and security of the mass rapid transit system should be supervised by the central competent authority. The supervision regulations shall be prescribed by the central competent authority.
Article 35
1. The operation status shall be reported by the operation organization of mass rapid transit system to the local competent authority for ratification, and the report shall be transferred to the central competent authority for reference in accordance with the following requirements:
(1) Submit an operation status report during the operation period every three months.
(2) Submit an operation status report including: operating profit/loss, transportation status, and plan for improvement annually within six months after the end of every fiscal year.
2. The central competent authority shall designate relevant personnel to inspect the operation status of the mass rapid transit system irregularly, and inspect documents and accounting books if necessary. Any deficiencies shall be corrected immediately.
(1) Submit an operation status report during the operation period every three months.
(2) Submit an operation status report including: operating profit/loss, transportation status, and plan for improvement annually within six months after the end of every fiscal year.
2. The central competent authority shall designate relevant personnel to inspect the operation status of the mass rapid transit system irregularly, and inspect documents and accounting books if necessary. Any deficiencies shall be corrected immediately.
Article 36
The competent authority shall send personnel to inspect the necessary transportation devices and equipments of the mass rapid transit system, and request corrections within a given period if the devices or equipments are inappropriate operation.
Article 37
The operation organization of a mass rapid transit system may operate other affiliated businesses after obtaining approval from the local competent authority.
Article 38
1. Any change in capital, leasing operation, mortgage of property, or change of management of the operation organization of a mass rapid transit system shall receive prior approval from the local competent authority, and reported to the central competent authority for reference.
2. Partial or complete suspension of business, or termination of business operations of the operation organization for a mass raid transit system shall be reported to the local competent authority, and transferred to the central competent authority for approval.
3. When the mass rapid transit system suffers poor management or other occurrences which are detrimental to the public interest, the competent authority shall order the operation organization of the mass rapid transit system and request improvements within a given time. If improvements are not made as requested or the improvements are ineffective, the operation organization shall cease operations either totally or partially. Notwithstanding the above, in case of an emergency where a delay is likely to jeopardize traffic safety or the public interest, the competent authority shall order the operation organization to immediately cease operations either totally or partially.
4. The operation organization shall have its operation permit revoked or cancelled by the central competent authority if it still fails to make improvements as requested even when the punishment referred to the preceding paragraph has been implemented for more than six months.
5. The local competent authority shall take suitable measures to maintain passenger transportation services if the operation organization of mass rapid transit system is forced to cease operations partially or entirely, or has its permit revoked or cancelled referred to the preceding two paragraphs. The competent authority may, when necessary, compulsorily take over the operation. The regulations for taking over operations shall be prescribed by the central competent authority.
2. Partial or complete suspension of business, or termination of business operations of the operation organization for a mass raid transit system shall be reported to the local competent authority, and transferred to the central competent authority for approval.
3. When the mass rapid transit system suffers poor management or other occurrences which are detrimental to the public interest, the competent authority shall order the operation organization of the mass rapid transit system and request improvements within a given time. If improvements are not made as requested or the improvements are ineffective, the operation organization shall cease operations either totally or partially. Notwithstanding the above, in case of an emergency where a delay is likely to jeopardize traffic safety or the public interest, the competent authority shall order the operation organization to immediately cease operations either totally or partially.
4. The operation organization shall have its operation permit revoked or cancelled by the central competent authority if it still fails to make improvements as requested even when the punishment referred to the preceding paragraph has been implemented for more than six months.
5. The local competent authority shall take suitable measures to maintain passenger transportation services if the operation organization of mass rapid transit system is forced to cease operations partially or entirely, or has its permit revoked or cancelled referred to the preceding two paragraphs. The competent authority may, when necessary, compulsorily take over the operation. The regulations for taking over operations shall be prescribed by the central competent authority.
Article 38-1
(deleted)
Article 39
The construction organization of a mass rapid transit system shall inform the local and central competent authorities immediately when serious accidents take place, and report the situation and handling of the situation for ratification whenever necessary. Collective reports on general traffic incidents shall also be submitted monthly.
Chapter 6 Security
Article 40
1.The local competent authority of the mass rapid transit system shall establish a dedicated traffic police department to maintain order along the routes, at depots,at stations and operation of the mass rapid transit system to ensure passengers’ safety; meanwhile, the local competent authority shall take responsibility for directing and supervising the traffic police on duty.
2. For the mass rapid transit system adopting a non-exclusive right-of-way and sharing road lanes with other vehicles, traffic management shall be regulated following the Road Traffic Management and Punishment Code and its relevant regulations.
2. For the mass rapid transit system adopting a non-exclusive right-of-way and sharing road lanes with other vehicles, traffic management shall be regulated following the Road Traffic Management and Punishment Code and its relevant regulations.
Article 41
1. The operation organization of a mass rapid transit system shall properly manage and maintain the carriages, route, depot and station facilities, and shall prepare emergency escape equipments and facilities necessary for passengers’ safety. The inspection and maintenance of carriages and devices must be implemented strictly in compliance with regulations.
2. The operation organization of a mass rapid transit system shall submit special safety measures for facilities and operations to the local competent authority for ratification if necessary.
2. The operation organization of a mass rapid transit system shall submit special safety measures for facilities and operations to the local competent authority for ratification if necessary.
Article 42
The operation organization of a mass rapid transit system shall carry out effective training and management of drivers, and makes sure they can specifically understand and strictly implement relevant legal requirements. The skill and the physical and mental situation of drivers shall be examined regularly and irregularly. Those drivers who are unqualified shall be suspended from their jobs, or changes to different positions.
Article 43
The operation organization of a mass rapid transit system shall collect information, do research, and analyze causes of accidents, and undertake accident prevention measures.
Article 44
1. The operation organization of a mass rapid transit system shall establish signs in appropriate locations to show security requirements, and passengers shall follow the instructions of operation personnel while taking the mass rapid transit system.
2. Any vehicles or personnels that do not belong to the mass rapid transit system are not permitted to enter the routes, bridges, tunnels and culverts of the mass rapid transit system, and non-public access places or buildings in the station areas of the mass rapid transit system. However, the mass rapid transit system without a fully independent right-of-way shall be regulated in accordance to Paragraph 2 of Article 40 of this Act.
3. Except via overpasses or underground passages, passengers shall not cross any mass rapid transit system routes which adopt a fully independent right-of-way.
2. Any vehicles or personnels that do not belong to the mass rapid transit system are not permitted to enter the routes, bridges, tunnels and culverts of the mass rapid transit system, and non-public access places or buildings in the station areas of the mass rapid transit system. However, the mass rapid transit system without a fully independent right-of-way shall be regulated in accordance to Paragraph 2 of Article 40 of this Act.
3. Except via overpasses or underground passages, passengers shall not cross any mass rapid transit system routes which adopt a fully independent right-of-way.
Article 45
1. To establish and maintain facility safety, after obtaining route plan ratification from the Executive Yuan, the competent authority of the mass rapid transit system shall inspect and demarcate construction limitations on both sides of the mass rapid transit system route, and announce construction prohibitions and the range of the restricted areas in conjunction with the local competent authorities at municipal or county (city) levels. The relevant legal restrictions on land use shall not apply.
2. The construction prohibitions or the ranges of restricted areas which have been announced shall be amended or abolished by the competent authority in compliance with regulatory processes when their contents change, or the reasons for them are eliminated.
2. The construction prohibitions or the ranges of restricted areas which have been announced shall be amended or abolished by the competent authority in compliance with regulatory processes when their contents change, or the reasons for them are eliminated.
Article 45-1
1. The following behaviors are prohibited in the restricted areas except for the establishment of other facilities of the mass rapid transit system, connecting facilities, or designed buildings:
(1) Construction of buildings
(2) Building of construction facilities
(3) Establishment of advertising structures
(4) Stacking of obstacles
(5) Land excavation
(6) Any construction behaviors which may impede the facilities operation or the traffic safety of the mass rapid transit system
2. With regard to the buildings, engineering facilities, advertising structures and other obstacles which are under construction or already existence within the construction prohibition areas and which may impede the facilities operation or traffic safety of the project concerned, the competent authority shall consult with the relevant organizations to set a time limit for modification or removal thereof by the owner. Failure on the part of the owner to comply within the given time limit will result in compulsory removal. Compensation shall be made for legal buildings, construction facilities or advertising structures in accordance with regulations for relocation compensation for public construction land which are adopted by the local municipal or county (city) competent authorities.
(1) Construction of buildings
(2) Building of construction facilities
(3) Establishment of advertising structures
(4) Stacking of obstacles
(5) Land excavation
(6) Any construction behaviors which may impede the facilities operation or the traffic safety of the mass rapid transit system
2. With regard to the buildings, engineering facilities, advertising structures and other obstacles which are under construction or already existence within the construction prohibition areas and which may impede the facilities operation or traffic safety of the project concerned, the competent authority shall consult with the relevant organizations to set a time limit for modification or removal thereof by the owner. Failure on the part of the owner to comply within the given time limit will result in compulsory removal. Compensation shall be made for legal buildings, construction facilities or advertising structures in accordance with regulations for relocation compensation for public construction land which are adopted by the local municipal or county (city) competent authorities.
Article 45-2
1. With regard to the buildings, constructions, advertising structures, obstacles, land excavations, or other construction behaviors within the range of a restricted areas which may impede the facilities operation or traffic safety of the mass rapid transit system, the required documents shall be submitted for ratification by the management organization and the competent authority while applying for a construction license or permit. Where the competent authority is conferred the power of discretion in rendering an approval or permit, it may add provisions incidental thereto.
2. Where the competent authority verifies the construction behaviors referred to the preceding paragraph shall impede the facilities or operational safety of the mass rapid transit system, it shall inform the management organization to request the applicant to change the construction design, construction methods or take other suitable measures.
3. The competent authority may inform and request the constructor, proprietor or supervisor to suspend work when the behaviors referred to the preceding first paragraph are verified to impede the facilities operation or traffic safety of the mass rapid transit system. If necessary, the competent authority shall request the assistance of police or the authority in charge of construction within the jurisdiction, and inform and request the management organization to improve, amend or remove within a given time period.
4. The constructor, proprietor and supervisor of the construction behaviors which damage the facilities or impede the operation safety of the mass rapid transit system referred to the preceding paragraph shall be bound to restore the situation to its original condition or make compensation.
2. Where the competent authority verifies the construction behaviors referred to the preceding paragraph shall impede the facilities or operational safety of the mass rapid transit system, it shall inform the management organization to request the applicant to change the construction design, construction methods or take other suitable measures.
3. The competent authority may inform and request the constructor, proprietor or supervisor to suspend work when the behaviors referred to the preceding first paragraph are verified to impede the facilities operation or traffic safety of the mass rapid transit system. If necessary, the competent authority shall request the assistance of police or the authority in charge of construction within the jurisdiction, and inform and request the management organization to improve, amend or remove within a given time period.
4. The constructor, proprietor and supervisor of the construction behaviors which damage the facilities or impede the operation safety of the mass rapid transit system referred to the preceding paragraph shall be bound to restore the situation to its original condition or make compensation.
Article 45-3
The regulations for the demarcation, announcement and amendment of the range of construction prohibitions and restrictions; the prohibited behaviors and the process of compensation for removal in the construction prohibition areas; the controlled behaviors and controlling requirements of the restricted areas; the application for and verification of construction, construction management and cessation notice of building structures, construction structures of facilities, advertising structures, or other construction behaviors in the restricted areas; and the issues of restitution and restoration for damaging mass rapid transit system facilities referred to the preceding three articles shall be prescribed by the Ministry of Transportation and Communications in conjunction with the Ministry of Interior.
Article 46
1. The operation organization of a mass rapid transit system shall be responsible for personal death or injury of passengers, and damage or loss caused by trains or other accidents.
2. The operation organization of a mass rapid transit system shall pay for, at its discretion, consolation or medical aid subsidy for death or injury victims, even when the operation organization is not responsible for the train accident referred to the preceding paragraph. However, the above mentioned circumstance does not apply if the accident is caused by the victim intentionally.
3. The regulations for the payment for consolation and medical aid subsidy referred to the proceding paragraph shall be prescribed by the central competent authority.
2. The operation organization of a mass rapid transit system shall pay for, at its discretion, consolation or medical aid subsidy for death or injury victims, even when the operation organization is not responsible for the train accident referred to the preceding paragraph. However, the above mentioned circumstance does not apply if the accident is caused by the victim intentionally.
3. The regulations for the payment for consolation and medical aid subsidy referred to the proceding paragraph shall be prescribed by the central competent authority.
Article 47
1. The operation organization of a mass rapid transit system shall purchase liability insurance for passengers in accordance with insured amounts designated by the central competent authority. The insured amount shall be paid with guarantee deposits.
2. Regulations for the insured amounts, guarantee deposits, and other relevant issues referred to the preceding paragraph shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
2. Regulations for the insured amounts, guarantee deposits, and other relevant issues referred to the preceding paragraph shall be prescribed by the central competent authority in conjunction with the Ministry of Interior.
Chapter 7 Penalties
Article 48
In the event of occupation or destruction of mass rapid transit system land, vehicles, or other facilities without authorization, the offense shall be prosecuted for investigation of the involved criminal liabilities; in addition, the mass rapid transit system shall notify the offender(s) or their employer(s) to complete restitution, to provide reimbursement for the restoration cost, or to provide compensation in accordance with the law
Article 48-1
Any person who endangers the normal functioning of important mass rapid transit system-operated stations, depots, facilities, or equipment via theft, destruction, or other illegal methods shall be subject to a prison sentence of at least one year but no more than seven years, which may be combined with a fine of up to NT$10 million.
Any person who attempts to endanger national security or social stability and commits the preceding offense shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in either of the preceding paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraph 1 or 2 shall be punished.
Any person who attempts to endanger national security or social stability and commits the preceding offense shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in either of the preceding paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraph 1 or 2 shall be punished.
Article 48-2
Any person who obstructs the normal functioning of the core information and communications system(s) of important mass rapid transit system-operated stations, depots, facilities, or equipment via any of the following methods shall be subject to a prison sentence of at least one year, but no more than seven years, which may be combined with a fine of up to NT$10 million:
1. Entering their account password without due reason, cracking the protection measures for the used computer, or taking advantage of faults in the computer system to invade the computer or its related devices.
2. Without due reason, interfering with the computer or its related devices via computer programs or other electromagnetic means.
3. Without due reason, acquiring, deleting, or altering the electromagnetic records of the computer or its related devices.
The same shall also apply to any person who produces a computer program for themselves or any other person for the dedicated purpose of committing a crime in the preceding paragraph.
Any person who commits the crimes referred to in the above two paragraphs with the intention to endanger national security or social stability shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in any of the preceding three paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraphs 1 to 3 shall be punished.
The scope of the important mass rapid transit system-operated stations, depots, facilities, and equipment referred to in paragraph 1 of this article and paragraph 1 of the preceding article shall be as announced by the central competent authority.
1. Entering their account password without due reason, cracking the protection measures for the used computer, or taking advantage of faults in the computer system to invade the computer or its related devices.
2. Without due reason, interfering with the computer or its related devices via computer programs or other electromagnetic means.
3. Without due reason, acquiring, deleting, or altering the electromagnetic records of the computer or its related devices.
The same shall also apply to any person who produces a computer program for themselves or any other person for the dedicated purpose of committing a crime in the preceding paragraph.
Any person who commits the crimes referred to in the above two paragraphs with the intention to endanger national security or social stability shall be subject to a prison sentence of at least three years but no more than ten years, which may be combined with a fine of up to NT$50 million.
In the event that the circumstances in any of the preceding three paragraphs result in a disaster, the sentence shall be increased by one half. If such circumstances result in the death of another person, the offender shall be subject to life imprisonment or a prison sentence of at least seven years, which may be combined with a fine of up to NT$100 million; if such circumstances lead to serious injury to another person, the offender shall be subject to a prison sentence of at least five years but no more than twelve years, which may be combined with a fine of up to NT$80 million.
Any person attempting to commit a crime described in paragraphs 1 to 3 shall be punished.
The scope of the important mass rapid transit system-operated stations, depots, facilities, and equipment referred to in paragraph 1 of this article and paragraph 1 of the preceding article shall be as announced by the central competent authority.
Article 49
1. A passenger who is caught on board without a ticket, or with an invalid ticket, or uses a fraudulent ticket that does not match the passenger’s identity must make up the fare and pay a penalty amounting to 50 times of the fare..
2. If a passenger cannot prove where his starting station is, the make-up fare and penalty referred to the preceding paragraph will be calculated basing on the maximum fare of a single journey proclaimed by the operation organization of the mass rapid transit system.
2. If a passenger cannot prove where his starting station is, the make-up fare and penalty referred to the preceding paragraph will be calculated basing on the maximum fare of a single journey proclaimed by the operation organization of the mass rapid transit system.
Article 50
1. The offender or driver will be subject to a fine of more than NT$1,500 and less than NT$7,500 in any of the following situations:
(1) Climbing onto, jumping off, or hanging over a moving train.
(2) Obstructing train doors or platform doors from closing, or opening them without permission.
(3) Non-mass rapid transit system personnel or vehicles that violate the second paragraph of Article 44 by trespassing on mass rapid transit tracks, bridges, tunnels or mass rapid transit premises not open to public access.
(4) Avoiding ticket procedures or use improper methods to enter/exit stations or get on/off trains.
(5) Refusing ticket checks conducted by mass rapid transit personnels or hindering their the performance of their duty.
(6) Remaining in the carriage when the train is not in service and disregarding requests to leave.
(7) Raising funds, distributing or posting advertisements, peddling goods, or conducting other commercial activities within carriages or stations without permission.
(8) Bringing animals into mass rapid transit stations or carriages without permission
(9) Drinking, eating, chewing gum or betel nut ; spitting phlegm or betel nut juice; littering with cigarette butts, gum, food waste or other rubbish within the restriction areas of a mass rapid transit system.
(10)Hindering other passengers from passing through or using station entrances/exits, ticket-reading gates, ticket vending machines, escalators or other passages, and disregarding the requests to leave.
(11)Loitering in station concourses or platform areas for purposes other than taking trains, thereby hindering other passengers from passing and disregarding the requests to leave
(12) Lying down on train or platform seats and disregarding the warnings
(13) Operating stalls, putting up canopies, or organizing banquets within the mass rapid transit system premises without permission
（14）Behaviors such as playing on the platform, crossing yellow warning lines, or not complying with the directions by walking or running on the escalator, or affecting the operation order and operation safety without permission
2. Persons who commit any of the violations listed in the preceding paragraph shall be forced to leave mass rapid transit system premises by the joint force of mass rapid transit system personnels and police. No refund will be made on fares for uncovered journeys.
(1) Climbing onto, jumping off, or hanging over a moving train.
(2) Obstructing train doors or platform doors from closing, or opening them without permission.
(3) Non-mass rapid transit system personnel or vehicles that violate the second paragraph of Article 44 by trespassing on mass rapid transit tracks, bridges, tunnels or mass rapid transit premises not open to public access.
(4) Avoiding ticket procedures or use improper methods to enter/exit stations or get on/off trains.
(5) Refusing ticket checks conducted by mass rapid transit personnels or hindering their the performance of their duty.
(6) Remaining in the carriage when the train is not in service and disregarding requests to leave.
(7) Raising funds, distributing or posting advertisements, peddling goods, or conducting other commercial activities within carriages or stations without permission.
(8) Bringing animals into mass rapid transit stations or carriages without permission
(9) Drinking, eating, chewing gum or betel nut ; spitting phlegm or betel nut juice; littering with cigarette butts, gum, food waste or other rubbish within the restriction areas of a mass rapid transit system.
(10)Hindering other passengers from passing through or using station entrances/exits, ticket-reading gates, ticket vending machines, escalators or other passages, and disregarding the requests to leave.
(11)Loitering in station concourses or platform areas for purposes other than taking trains, thereby hindering other passengers from passing and disregarding the requests to leave
(12) Lying down on train or platform seats and disregarding the warnings
(13) Operating stalls, putting up canopies, or organizing banquets within the mass rapid transit system premises without permission
（14）Behaviors such as playing on the platform, crossing yellow warning lines, or not complying with the directions by walking or running on the escalator, or affecting the operation order and operation safety without permission
2. Persons who commit any of the violations listed in the preceding paragraph shall be forced to leave mass rapid transit system premises by the joint force of mass rapid transit system personnels and police. No refund will be made on fares for uncovered journeys.
Article 50-1
In the event of any of the following circumstances, a fine of at least NT$10,000 but no more than NT$1 million shall be imposed:
1. Carrying materials announced as hazardous or flammable into the routes, depots, stations, or vehicles of a mass rapid transit system without permission.
2. Arbitrarily manipulating stations or vehicle equipment, or obstructing normal functioning of vehicle operations, electric power, or security system equipment.
3. Violating Article 44, Paragraph 3 by not using overpasses or underground passages when crossing a mass rapid transit system route with exclusive right-of-way.
In any of the preceding circumstances, Paragraph 2 of the preceding Article shall apply.
In the event that any person under the age of 14 commits an offense as referred to in the preceding paragraph 1, due to negligence in supervision by their legal representative or guardian, then punishment shall be imposed on said person’s legal representative or guardian.
1. Carrying materials announced as hazardous or flammable into the routes, depots, stations, or vehicles of a mass rapid transit system without permission.
2. Arbitrarily manipulating stations or vehicle equipment, or obstructing normal functioning of vehicle operations, electric power, or security system equipment.
3. Violating Article 44, Paragraph 3 by not using overpasses or underground passages when crossing a mass rapid transit system route with exclusive right-of-way.
In any of the preceding circumstances, Paragraph 2 of the preceding Article shall apply.
In the event that any person under the age of 14 commits an offense as referred to in the preceding paragraph 1, due to negligence in supervision by their legal representative or guardian, then punishment shall be imposed on said person’s legal representative or guardian.
Article 51
1. In case the operation organization of the mass rapid transit system violates one of the following provisions, it will be fined a penalty of more than NT$100,000 and less than NT$500,000:
(1) The violation of Article 30 through a failure to hire qualified technicians who have obtained a skill certificate to serve as an operator or a repairer of the facility;
(2) The violation of Article 34 through a failure to correct after obtaining a notice from the local competent authority referred to Regulations for Implementation of Inspection;
(3) The violation of Paragraph 1 of Article 35, or Article 39;
(4) The violation of Paragraph 2 of Article 35, or Article 36 through a failure to correct after obtaining a notice from the competent authority;
(5) The violation of avoiding, impeding or refusing the central competent authority to inspect documents and accounting books referred to Paragraph 2 of Article 35;
(6) The violation of Article 37 through a failure to operate other ancillary businesses after obtaining approval of the local competent authority;
(7) The violation of Article 41 or Article 42 through a failure to carry out training and management of drivers so that traffic accidents occur;
(8) The violation of Paragraph 1 of Article 44 through a failure to establish security requirement signs at appropriate locations
(9) The violation of Article 47 through a failure to purchase liability insurance, or to prepare guarantee deposits.
2. In those circumstances in which any one of Subparagraph 1, 2, 6,7, 8, 9 of the preceding paragraph are violated, the operation organization shall be notified to make amendments or improvements immediately within a given time period. The operation organization shall be issued consecutive daily fines if it still fails to make amendments or improvements as requested, and shall cease part or all operations, or shall have its permit revoked or cancelled if the situation is deemed serious.
(1) The violation of Article 30 through a failure to hire qualified technicians who have obtained a skill certificate to serve as an operator or a repairer of the facility;
(2) The violation of Article 34 through a failure to correct after obtaining a notice from the local competent authority referred to Regulations for Implementation of Inspection;
(3) The violation of Paragraph 1 of Article 35, or Article 39;
(4) The violation of Paragraph 2 of Article 35, or Article 36 through a failure to correct after obtaining a notice from the competent authority;
(5) The violation of avoiding, impeding or refusing the central competent authority to inspect documents and accounting books referred to Paragraph 2 of Article 35;
(6) The violation of Article 37 through a failure to operate other ancillary businesses after obtaining approval of the local competent authority;
(7) The violation of Article 41 or Article 42 through a failure to carry out training and management of drivers so that traffic accidents occur;
(8) The violation of Paragraph 1 of Article 44 through a failure to establish security requirement signs at appropriate locations
(9) The violation of Article 47 through a failure to purchase liability insurance, or to prepare guarantee deposits.
2. In those circumstances in which any one of Subparagraph 1, 2, 6,7, 8, 9 of the preceding paragraph are violated, the operation organization shall be notified to make amendments or improvements immediately within a given time period. The operation organization shall be issued consecutive daily fines if it still fails to make amendments or improvements as requested, and shall cease part or all operations, or shall have its permit revoked or cancelled if the situation is deemed serious.
Article 51-1
1. In case the operation organization of mass rapid transit system violates one of the following provisions, it will be fined more than NT$500,000 and less than NT$2,500,000:
(1) The violation of Paragraph 2 of Article 15 of this Act through a failure to commence revenue service after passing final inspection and obtaining approval;
(2) The violation of Paragraph 2 of Article 29 through a failure to ratify or implement the fare rate as announced;
(3) Stop operating for non-force majeure causes.
2. For those circumstances in which Subparagraph 1 of the preceding paragraph is violated, the operation organization shall immediately suspend operation, and shall be issued consecutive daily fines if it still fails to suspend operation as requested. For those circumstances in Subparagraph 2 of the preceding paragraph is violated, the operation organization shall be notified to make improvements immediately, and shall be issued consecutive daily fines, and shall cease part or all of operations, or shall have a permit revoked or cancelled if it still fails to make improvements as requested.
3. For the circumstance in which Subparagraph 3 of Paragraph 1 occurs, the operation organization shall resume operation immediately. The operation organization shall be issued consecutive daily fines, and shall cease part or all of operation, or its permit shall be revoked or cancelled if it fails to resume operation at once as requested.
4. The local competent authority shall take proper measures to keep maintaining passenger transportation services if the operation organization of a mass rapid transit system is ordered to stop operation or has its permit cancelled, or presumes to stop business operation.
(1) The violation of Paragraph 2 of Article 15 of this Act through a failure to commence revenue service after passing final inspection and obtaining approval;
(2) The violation of Paragraph 2 of Article 29 through a failure to ratify or implement the fare rate as announced;
(3) Stop operating for non-force majeure causes.
2. For those circumstances in which Subparagraph 1 of the preceding paragraph is violated, the operation organization shall immediately suspend operation, and shall be issued consecutive daily fines if it still fails to suspend operation as requested. For those circumstances in Subparagraph 2 of the preceding paragraph is violated, the operation organization shall be notified to make improvements immediately, and shall be issued consecutive daily fines, and shall cease part or all of operations, or shall have a permit revoked or cancelled if it still fails to make improvements as requested.
3. For the circumstance in which Subparagraph 3 of Paragraph 1 occurs, the operation organization shall resume operation immediately. The operation organization shall be issued consecutive daily fines, and shall cease part or all of operation, or its permit shall be revoked or cancelled if it fails to resume operation at once as requested.
4. The local competent authority shall take proper measures to keep maintaining passenger transportation services if the operation organization of a mass rapid transit system is ordered to stop operation or has its permit cancelled, or presumes to stop business operation.
Article 52
1. The fines issued pursuant to this Act shall be administered by the local competent authority.
2. The local competent authority may entrust the operation organization of a mass rapid transit system to implement the punishment for violating Paragraph 1 of Article 50 or Article 50-1 of this Act.
2. The local competent authority may entrust the operation organization of a mass rapid transit system to implement the punishment for violating Paragraph 1 of Article 50 or Article 50-1 of this Act.
Chapter 8 Supplementary Provision
Article 53
The regulations for passenger transportation, transportation safety, repair and maintenance, inspection and repair of trains and devices, skill and physical examination of drivers, and the operation regulations for affiliated business shall be prescribed by the local competent authority in the city or county (city) where the operation shall be implemented, and shall be reported to the central competent authority for ratification.
Article 54
This Act shall be enforced from the date of promulgation.