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英譯法規內容

法規名稱(Title) Tainan City Self-Government Ordinance for Dealing with Abandoned Vehicles Ch
公發布日(Date) 2012.07.09
法規沿革(Legislative) Competent Authority: Environmental Protection Bureau, Tainan City Government
Promulgating Authority: Tainan City Government
Date of Promulgation; July 9, 2012
Promulgated by Order Fu-Fa-Gui-Zi No. 1010557002A
法規內文(Content) Article 1  This Self-Government Ordinance is formulated by Tainan City for the purpose of effectively disposing of abandoned vehicles, in order to improve environmental sanitation, protect the city’s appearance, and keep roads unobstructed.
 
Article 2  Terms used in this Self-Government Ordinance are defined as follows:
  1. Vehicle: Means a motor vehicle, motorcycle or slow moving vehicle (SMV) as referred to in the Road Traffic Safety Regulations.
  2. Clearance: Means moving an abandoned vehicle occupying a public passageway to a holding yard and subsequently disposing of it as scrap.
 
Article 3  A vehicle occupying a roadway or other public passageway shall be identified as an abandoned vehicle if one of the following conditions applies:
  1. The vehicle’s owner or an agent of the owner has indicated in writing that the vehicle is abandoned.
  2.  The vehicle is filthy, rusty or damaged, or it is evident from its appearance that it has lost its original utility.
  3. The vehicle has lost its original utility by being accident damaged or broken up.
  4. The vehicle otherwise matches publicly announced identification criteria decided by the central competent authority for environmental protection in consultation with related authorities. 
The provisions of the preceding paragraph apply, mutatis mutandis, to the identification of all types of abandoned power-driven machines and abandoned goods containers.
 
Article 4  The Competent Authority of this Self-Government Ordinance is Tainan City Government (hereinafter referred to as “the Government”). The division of authority and responsibility among relevant agencies of the Government is as follows:
  1. Environmental Protection Bureau (hereinafter referred to as “the EPB”): Conducting the investigation, identification and clearance of abandoned vehicles.
  2. Police Bureau: Conducting the investigation and preliminary identification of abandoned vehicles with vehicle registration plates attached.
 
Article 5  The Government’s Bureau of Transportation and all of the City’s district offices shall assist in investigating suspected abandoned vehicles within the areas under their jurisdiction.
 
Article 6  After the EPB or Police Bureau has received a report of a suspected abandoned vehicle, it shall send personnel to an on-site inspection, and having identified the vehicle as abandoned, shall post a clearance notice in a conspicuous place on the vehicle. If no one has removed the vehicle within seven days of the posting, the EPB shall act first to remove it to a designated holding site.  
 
Article 7  When the Police Bureau deals with a vehicle damaged in a traffic accident, except in cases requiring testing, appraisal or investigation, it shall tell the owner to remove the vehicle within a specified time limit, and if the vehicle is not removed within that time limit, shall post a clearance notice in a conspicuous place on the vehicle. If no one has removed the vehicle within seven days of the posting, the EPB shall act first to remove it to a designated holding site.     
 
Article 8  After an abandoned vehicle has been removed by the EPB, the Police Bureau shall ascertain the vehicle’s owner, and give them notice in writing to go to a designated site to identify the vehicle within five days of the date of the notice.
                  If no one has identified the vehicle at the expiration of the time limit as referred to in the preceding paragraph, or if the owner’s whereabouts are unknown and they cannot be given the notice, or if the owner of the vehicle cannot be ascertained, then if the vehicle has still not been claimed one month after public announcement by the EPB, it shall be disposed of as waste matter.
                  In order to carry out the process of ascertaining the vehicle owner and notifying them to collect the vehicle, as referred to in the first paragraph herein, the executing authority may open the vehicle to check its engine or chassis number.
 
Article 9  If, while in the process of removing a vehicle, the EPB encounters a person claiming right of ownership, then after checking and verifying the claim, the EPB shall order said person to remove the vehicle within forty-eight (48) hours. If the vehicle is not removed within that time, then having confirmed this and after taking photographs to retain as evidence, the EPB shall act first to remove it to a designated holding site.
 
Article 10   If the EPB is unable to move a large abandoned vehicle, it may leave it in the original place, and after the one-month public announcement period, dispose of it as waste matter.
 
Article 11 After an abandoned vehicle has ben disposed of as waste matter, the EPB shall notify the motor vehicle authority of its registration plate number, engine number or chassis number for cancellation of its registration. If the vehicle has a registration plate, the EPB shall also deliver this to the motor vehicle authority.
 
Article 12 After the EPB has removed an abandoned vehicle, the owner shall pay a removal charge and holding charges before he/she may retrieve the vehicle. However, if the owner had carried out the procedure for reporting the vehicle as stolen before the clearance notice was posted on it, he/she shall be exempted from paying the removal and holding charges. 
                   Where the removal, holding and sale of an abandoned vehicle as referred to in the preceding paragraph has been entrusted to a private-sector waste vehicle recycling and disposal enterprise, said enterprise shall help collect the related charges for payment into public coffers.   
 
Article 13 The fee-charging standards for the removal of abandoned vehicles shall comply with the following specifications:
  1. For slow moving vehicles, NT dollars one hundred (100) per vehicle.
  2. For motorcycles, NT dollars two hundred (200) per vehicle.
  3. For small vehicles, NT dollars one thousand (1,000) per vehicle.
  4. For large vehicles, NT dollars three thousand (3,000) per vehicle.
  5. For tractors [tractor units], NT dollars three thousand (3,000) per vehicle.
  6. For trailer trucks, full trailer trucks, semi-trailer trucks, trailers, full trailers, semi-trailers, trailer frames, and goods containers, NT dollars six thousand (6,000) per vehicle (or per unit).
  7.  For power-driven machines, NT dollars eight thousand (8,000) per vehicle.
 
Article 14  The fee-charging standards for the holding of abandoned vehicles shall comply with the following specifications:
  1. For slow moving vehicles and motorcycles, NT dollars fifty (50) per vehicle per day.
  2. For small vehicles, NT dollars two hundred (200) per vehicle per day.
  3. For large vehicles, NT dollars five hundred (500) per vehicle per day.
  4. For tractors [tractor units], NT dollars five hundred (500) per vehicle per day.
  5. For trailer trucks, full trailer trucks, semi-trailer trucks, trailers, full trailers, semi-trailers, trailer frames, and goods containers, NT dollars seven hundred (700) per vehicle (or per unit) per day.
  6. For power-driven machines, NT dollars eight hundred (800) per vehicle per day.
The collection of holding fees as referred to in the preceding paragraph shall start to be computed from the day of removal, with each less-than-full day counted as one day. However, if a vehicle is retrieved within two hours of its removal, no holding charges shall be collected for it.
 
Article 15 This self-government ordinance is effective from the date of promulgation.