Tainan Municipal Self-Government Ordinance on Recreational Raft Operation on the Water of Sihcao Area
Article 1 This Self-Government Ordinance is formulated to regulate recreational raft operation on the water of Sihcao area and ensure passenger safety in favour of promoting ecological tourism in Tainan City.
Article 2 "The Competent Authority" as used in this Self-Government Ordinance refers to the Tourism and Travel Bureau, Tainan City Government.
Article 3 "Recreational raft" as used in this Self-Government Ordinance refers to a raft that is used exclusively for sightseeing and recreation and is either:
1. a PVC pipe raft mounted with polyvinyl chloride pipes; or
2. an FRP raft made of fibre reinforced plastics.
Article 4 A recreational raft shall not be operated on the water of Sihcao outside the area designated by The Competent Authority or for purposes other than tourism or recreation.
Article 5 The Competent Authority shall assess the impact of recreational raft operation on the ecology of the area and, when necessary, specify a maximum number of rafts allowed to operate in the area.
Article 6 A recreational raft shall only be operated by an operator registered as a company, commercial group or civil association. An eligible operator shall not start raft operation until a recreational raft permit is obtained from The Competent Authority by applying for and passing an inspection and measurement of the raft.
The inspection and measurement mentioned in the previous paragraph may be performed by a local vessel administration agency appointed by The Competent Authority, a duly registered practising naval architect or a classification society approved by the central transportation regulatory agency.
Article 7 An application form, a business plan, a proof of qualification of the driver, a proof of qualification of the lifeguard, a certificate of insurance, a stability test and inspection report, a written consent for access to parking and other facilities together with other documents required by The Competent Authority shall be provided to support the application for a new or renewal recreational raft permit.
Article 8 A recreational raft permit shall display the following items:
1. name of the operating company, commercial group or civil association;
2. registration number of the company, commercial group or civil association;
3. business registration number;
4. business address;
5. name of the responsible person;
6. name, registration number, engine model, horsepower, maximum sailing speed per hour of the raft and maximum number of persons allowed on the raft;
7. permit number and issue date;
8. permit expiration date;
9. a record of annual inspections and approved changes.
Any change to the items displayed on the recreational raft permit as listed in the previous paragraph shall be reported to and registered by The Competent Authority within 15 days of the change.
Article 9 A recreational raft shall be equipped with life-saving, communication, safety and other devices.
The devices mentioned in the previous paragraph shall be specified by The Competent Authority.
Article 10 A recreational raft shall be staffed with a driver holding a commercial motorboat driver's license issued by the central transportation regulatory agency and a qualified and licensed safeguard.
Article 11 A recreational raft operator (hereafter "operator"), driver or passenger shall not:
1. operate without authorisation;
2. operate without displaying the recreational raft permit in an obvious location of the business place;
3. force anyone to board a raft;
4. charge at a rate different from the approved standard fare;
5. load a raft with more persons than allowed;
6. carry forbidden or hazardous objects;
7. drive a raft without having an active commercial motorboat driver's license, drive under the influence of alcohol or drive when mentally incompetent;
8. put or drive a raft on the water or drive a raft outside the designated area without prior prior authorisation from The Competent Authority;
9. drive a raft outside business hours without a request for authorisation;
10. park a raft at a place other than the designated pier or ferry;
11. use a recreational raft for a purpose other than sightseeing or recreation;
12. damage the ecology and environment of the area;
13. do anything that may affect the safety of recreational raft operation.
Article 12 An operator shall suspend raft departure and operation when bad weather or marine conditions, rapids on the route or night operation may cause safety concerns to passengers.
An operator shall require passengers to wear life jackets during the ride.
Article 13 The Competent Authority shall assign a unique identification number to each recreational raft.
On a recreational raft with a shade, the identification number and the name of the vessel shall be displayed on both sides of the shade near where the driver stands. On a raft without a shade, the identification number shall be displayed in bright colour on both sides of the bow.
The maximum number of persons allowed on board shall be displayed in red on white background in an obvious place on the recreational raft.
Article 14 The maximum number of persons allowed on a recreational raft is the smaller number from the results of the two following calculations, which use metric units:
1. divide 75% of the maximum weight capacity of the raft by 75 kilograms and round up the number;
2. multiply the effective length of the raft by the width of the raft before deducting the area occupied by the motor and other unusable areas to get the actual usable area. Divide the actual usable area by 0.9 square metres.
Article 15 An operator shall submit an application to The Competent Authority for an annual inspection and measurement within three months of the anniversary date of the permit every year.
A passed inspection and measurement as described in the previous paragraph will be recorded on the recreational raft permit by The Competent Authority, while failure to pass will invalidate the recreational raft permit.
The Competent Authority may, when necessary, conduct a sample inspection review on a recreational raft that has passed the inspection and measurement.
Article 16 A recreational raft permit is valid for five years from the date of issue. An application for a renewal permit may not be submitted until the raft passes, in the 3 months prior to the expiration date of the permit, an inspection and measurement performed by a vessel administration agency, a naval architect or a classification society as described in Article 6 Paragraph 2.
Article 17 A disappeared, scrapped, dismantled, lost or stolen recreational raft shall be reported, with supporting documents provided and the recreational raft permit returned, to The Competent Authority within 30 days of the occurrence or knowledge of the mater to have the registration void and the permit of the raft concerned revoked.
Article 18 A fee shall be charged for a new, replacement or renewal recreational raft permit or a change to the registration. The fees applicable shall be specified by The Competent Authority.
Article 19 An operator shall maintain a public liability insurance of which the coverage shall be in the following amounts at minimum:
1. bodily injuries and death: 2,000,000 New Taiwan Dollars for each individual and 10,000,000 New Taiwan Dollars for each accident;
2. property damage: 2,000,000 New Taiwan Dollars each accident;
3. total coverage during insurance period: 24,000,000 New Taiwan Dollars.
An operator shall display a certificate of the insurance, as described in the previous paragraph, in an obvious location of the businesses place. The name of the insurance company, the scope of protection, the liability limits and the policy period shall be stated on the raft ticket for consumers' information and for inspections by The Competent Authority.
Article 20 An operator who violates a provision of Article 9 Paragraph 1, Article 10 to Article 12, or Article 15 Paragraph 1 and fails to correct the violation within a time specified by The Competent Authority or suspend raft operation as ordered by The Competent Authority shall be punished by a fine of not less than 10,000 New Taiwan Dollars nor more than 80,000 New Taiwan Dollars. The violator will be ordered again to correct the violation or suspend raft operation within another specified time. Failure to correct the violation timely or continued operation is subject to a fine for each offence. The recreational raft permit shall be revoked or voided in the case of a severe violation.
An operator who violates a provision of Article 8 Paragraph 2, Article 13 Paragraph 2, 3, Article 16, Article 17 or Article 19 shall be punished by a fine of not less than 4,000 New Taiwan Dollars nor more than 20,000 New Taiwan Dollars. The violator will be ordered to correct the violation within a specified time. Failure to correct the violation timely is subject to a fine for each offence..
A recreational raft driver who violates any provision of Article 11 and fails to correct within a time specified by The Competent Authority or suspend the practices as ordered by The Competent Authority shall be punished by a fine of not less than 4,000 New Taiwan Dollars nor more than 20,000 New Taiwan Dollars. The violator will be ordered again to correct the violation within another specified time or suspend the practices. Failure to correct the violation timely or continued practices is subject to a fine for each offence.
Article 20 A recreational raft passenger who violates a provision of Article 11 Paragraph 6, 12 or 13 and fails to correct the violation within a time specified by The Competent Authority shall be punished by a fine of not less than 2,000 New Taiwan Dollars nor more than 10,000 New Taiwan Dollars. The violator will be ordered again to correct the violation within another specified time. Failure to correct the violation timely is subject to a fine for each offence.
Article 21 An operator who has been operating on the water of Sihcao area before the implementation of this Self-Government Ordinance shall apply for a permit from The Competent Authority within six months of the implementation of this Self-Government Ordinance. An existing operator who fails to submit an application timely will be punished by a fine of no less than 10,000 New Taiwan Dollars nor more than 80,000 New Taiwan Dollars. The violator will also be ordered to suspend the raft operation and correct the violation within a specified time. Failure to correct the violation timely or continued operation is subject to a fine for each offence.
Article 22 This Self-Government Ordinance shall come into force on the date of its promulgation.