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英譯法規內容

法規名稱(Title) Tainan City Self-Government Ordinance for Public Car Park Fee Collection and Management Ch
公發布日(Date) 2012.07.16
法規沿革(Legislative) Promulgated on July 16, 2012 by Order Fu-Fa-Gui-Zi No. 1010552378A.
法規內文(Content)

Article 1  This Self-Government Ordinance is formulated for the purposes of efficiently managing Tainan City’s public car parks (hereinafter referred to as “Car Parks”), raising the overall operational and service standards of Car Parks, and improving the situation of illegal parking.

 

Article 2  The term Car Parks as used in this Self-Government Ordinance means the following places established by Tainan City Government (hereinafter referred to as “the Government”):

1.    On-street Car Parks: Means places marked out on part of the road surface, provided as spaces for the parking of vehicles by members of the public.

2.    Off-Street Car Parks: Means facilities away from the road surface, in the form of a surface facility, multi-storey facility, machine facility, or tower facility, provided as a place for parking vehicles.

Off-street Car Parks as referred to in the second subparagraph of the preceding paragraph includes parking spaces, passageways and their attached spaces.

 

Article 3  The Competent Authority for this Self-Government Ordinance is the Government’s Bureau of Transportation.

                  The planning, establishment, operations management, investigation of parking violations and bestowal of related rewards shall be conducted by the Competent Authority, and their undertaking may be entrusted to another agency.

                  The operations management of an off-street Car Park may be may be entrusted to another agency, in which case the entrusted managing agency shall prescribe how its management is to operate, and shall put this into effect after gaining approval thereof by the Competent Authority.

 

Article 4  Car Parks shall have attendants, who shall be employed by the Competent Authority.

                  Car Park attendants shall wear uniforms, wear badges, and go through pre-service training from the Competent Authority when hired.

 

Article 5  Car Parks may collect charges at an hourly rate or a per-stay rate, and may apply differential rates, progressive rates, restricted parking times, and other management measures, depending on such factors as road width, road service level, local traffic conditions, location of businesses, parking demand, and the state of Car Park facilities. The charging methods are as shown in the annexed Schedule.

                  Parking fee collection times, methods and rates shall be implemented after public announcement by the Competent Authority.

 

Article 6  On-street Car Park fee collection times are from 8 o’clock in the morning to 10 o’clock at night, every day, including fee collection as usual on holidays. But fee collection is suspended on the holidays for New Year’s Day, the Lunar New Year, Tomb Sweeping Day, and the Mid-Autumn Festival. The Competent Authority may, depending on actual circumstances, publicly announce parking restrictions or the temporary suspension of fee collection times.

                  Where on-street Car Park charges are calculated at an hourly rate, parking for a period of less than one hour shall be charged at the rate for one hour. Where on-street Car Park charges are calculated at a half-hourly rate, parking for a period of less than half an hour shall be charged at the rate for half an hour.

 

Article 7  Where, during the fee-collection time of an on-street Car Park, the average number of vehicle parkings per hour is higher than 80 percent or lower than 50 percent of the total number of fee-collection parking spaces, the Competent Authority may adjust the fee collection method, the type of fee rate, or the period or temporary suspension of fee collection, to go into effect after public announcement thereof.

 

Article 8  Where off-street Car Park charges are calculated at an hourly rate, parking for a period of less than one hour shall be charged at the rate for one hour. Where a vehicle is parked for more than one hour, a subsequent part of an hour shall be charged as half an hour if it is less than 30 minutes and shall be charged as an hour if it is more than 30 minutes.

                  An off-street Car Park may adopt an all-day parking fee, and the same for holidays.

                  Depending on the situation of an off-street Car Park, the Competent Authority may separately set preferential conditions for parking in it, to go into effect after public announcement thereof.

 

Article 9  Where a parking fee is charged per time of parking, it means that payment of the fee covers one entry to the Car Park per vehicle during a fee collection period; if a vehicle is parked across two or more fee collection periods, a separate charge shall be collected for each period.

                  The per-time-of-parking charging period shall be set according to the particular characteristics of each Car Park, to go into effect after public announcement thereof by the Competent Authority.

 

Article 10 Where a vehicle exceeds the time allowed for leaving a Car Park after payment of the parking fee, an excess-time parking fee shall be collected in addition to the original parking fee. Where the parking fee for an on-street Car Park is not paid within 20 days as required by regulations, the procedure for collecting the administrative fee for late payment will be promptly put into effect, and the Competent Authority shall notify the driver in writing to pay said fee plus incurred mailing fee within 7 days; should the driver fail to pay the specified fees within said time period, this shall be dealt with in accordance with the provisions of Article 56 of the Road Traffic Management and Penalty Act.

                  The administrative fee as referred to in the preceding paragraph shall be collected from the driver according to the number of late-payment parking tickets, at NT$20 per ticket; the mailing fee will be calculated according to mailing cost. 

 

Article 11 When a vehicle is left parked in an on-street Car Park for more than three days, the Competent Authority shall notify the vehicle owner in writing to remove the vehicle, and starting from the fourth day, the parking fee shall be doubled. Where the owner without cause or reason refuses to remove the vehicle, the Competent Authority shall notify the Government’s police authority to remove the vehicle to another location in accordance with the law.  

 

Article 12 A vehicle set up as a mobile advertisement shall not be left parked in a Car Park for more than 24 hours; the parking fee for such vehicle shall be calculated at double the Car Park’s parking rate, and the vehicle may not use a monthly pass.

 

Article 13 Where unpaid parking fees exceed an amount as publicly announced by the Competent Authority, and remain unpaid after written notification, and the vehicle uses a Car Park, the Competent Authority shall notify the Government’s police authority to remove the vehicle to another location in accordance with the law. 

 

Article 14 When the following vehicles are executing their duties, they shall be exempt from the collection of parking fees in on-street Car Parks:

1.    Fire engines, ambulances, police vehicles, investigation vehicles, engineering vehicles, garbage trucks, sewage trucks, and military vehicles, within the establishment of a government authority, in the execution of duty.

2.    Vehicles driven by volunteer police, volunteer firefighters, civil defense personnel, and traffic service team members, in the execution of duty and in uniform.

3.    Special cases approved by the Government.

Vehicles driven by or carrying physically or mentally disabled persons with impaired mobility may be granted the concession of half-price parking fees when parking in on-street Car Parks. Regulations on the method of implementation, the targeted beneficiaries, the methods of screening and approval, etcetera, and related operational provisions, shall be separately prescribed by the Competent Authority.

 

Article 15 On-street Car Parks only provide a place for parking, and do not bear any custodial responsibility for parked vehicles or the property inside them.

 

Article 16 When a vehicle enters an off-street Car Park, the Car Park operator shall deliver a ticket or token for keeping by the vehicle user, and the vehicle shall depend on the ticket or token to exit the Car Park. The vehicle user shall be solely responsible should the ticket or token be lost and used by another party to exit the Car Park. A vehicle user shall take appropriate care to safeguard property inside the vehicle, and the Car Park operator shall not bear any custodial responsibility for parked vehicles. However, such limitation shall not apply where the loss of property inside a vehicle or damage to or loss of a vehicle can be attributed to the causation of the Car Park operator.

                  As warranted by the situation of its parking facilities, and publicly announced by the Competent Authority, an off-street Car Park may conduct fee collection by means of staff patrolling the Car Park and issuing parking fee payment notices, and reliance on tickets or tokens for vehicle entry and exit shall be waived.

 

Article 17 Vehicles shall not use sun and rain protection covers when parked in Car Parks;  and a vehicle that damages any kind of facility of a Car Park when parking shall be liable for compensating according to cost.

 

Article 18 No other commercial activity shall be conducted in a Car Park; and the holding of an activity in a Car Park requires advance approval from the Competent Authority.

 

Article 19 It is prohibited to park in a Car Park a vehicle that is not affixed with a license plate, that uses the license-plate number of another vehicle, that uses a revoked or cancelled license plate, that has been registered as written off, that has been abandoned, or that cannot be driven. Where this prohibition is violated, the Competent Authority shall give written notification to the vehicle owner to rectify it. If the violation has not been rectified and the vehicle remains in the Car Park after the stipulated deadline, the Competent Authority shall notify the Government’s police authority to remove the vehicle to another location in accordance with the law.

 

Article 20 Procedures for the removal and impounding of a vehicle, notification to the owner to collect a vehicle, and related fee collection, public announcements, auctions, etcetera, under Article 11, Article 13, or Article 19, shall be conducted according to the relevant provisions of the Tainan City Self-Government Ordinance for Dealing with Vehicles Obstructing Traffic, as applied mutatis mutandis.

                  For conducting the process of notifying a vehicle owner as referred to in the preceding paragraph, a vehicle may be opened to check and verify the engine number.

                  Before the owner collects an impounded vehicle, all outstanding parking fees and administrative fees for the vehicle must be paid in full; the authority that removes and impounds a vehicle shall act as agent for the collection of such fees.

 

Article 21 Where a Car Park is entrusted to private operation, it shall not be subject to the requirements set out in the provisions of Article 3 Paragraph 2, Article 4, Article 10, Article 13, and Article 19, and may provide concessional parking fee rates or fee collection methods, put into effect after receipt of approval from the Competent Authority.  

 

Article 22 This Self-Government Ordinance is effective from the date of promulgation.
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