Article 1

This Self-Government Ordinance is formulated to regulate small passenger boat operators and operations 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

"Small passenger boat" as used in this Self-Government Ordinance refers to a small boat, as defined by Article 2 of the Regulations for Administrating Small Ships, that is used for commercial passenger-carrying operations.

 

Article 4

The competent authority shall specify the area, time and speed limits for operations of small passenger boats.

 

Article 5

A registered company or business is eligible to apply for a small passenger boat operating permit from the competent authority. The following documents are required to be submitted for the application:

1. An application form;

2. An operating plan;

3. Certification of company or business registration as a small boat operator;

4. Photocopy of small boat licence(s);

5. Photocopy of licence(s) of driver(s) of each small boat;

6. Certification of insurance;

7. Consent in writing from authority(ies) or agent(s) of intended port(s) for access;

8. Consent in writing from authority(ies) or agent(s) of intended waterway(s) for operations;

9. Other documents required by the competent authority.

Any change to the information provided in the documents as required in the preceding paragraph shall be reported to and registered by the competent authority within thirty days of the change.

A government agency or a public juristic person applying for an operating permit is not required to be registered as a company or business and may be exempted from providing the document specified in Paragraph 1 Subparagraph 3.

 

Article 6

An operating permit is valid for three years.

An application for a renewal permit shall be submitted with the documents specified in Paragraph 1 of the preceding article in the three to six months prior to the expiration date of the permit.
 

Article 7

A small passenger boat operator shall be charged an application fee for a new operating permit or a change to the registration. The fees applicable shall be specified.

 

Article 8

A small passenger boat operator's planned route, area, number of boats, fares, charter rates or operation hours shall not become effective until approved by the competent authority. This shall also apply to any change.

 

Article 8-1

In order to ensure public safety, promote public interests, develop small passenger boating sector and maintain navigation order, the competent authority may, if necessary, require small passenger boat operators to conduct joint operations or adjust their operating plan.

A small passenger boat operator shall cooperate and reschedule or suspend boat operations if deemed necessary due to public constructions or other relevant activities.

 

Article 9

A small passenger boat operator shall start boating services within six months of obtaining the operating permit. An extension of not more than six months may be granted if justified.

A small passenger boat operator shall not suspend boating services unless justified and approved by the competent authority. Suspended services due to causes not attributable to the small passenger boat operator shall be reported, within one month after the cause of service suspension ceases to exist, to the competent authority for further reference.

 

Article 10

The competent authority may, if deemed necessary according to local conditions, require a small passenger boat operator to be responsible for the setup of watch towers, lifeboats, lifeguards and first-aid kits.

 

Article 11

A small passenger boat operator shall maintain an operator's liability insurance of which the coverage shall be in the following amounts at minimum:

i. bodily injuries and death: 3,000,000 New Taiwan Dollars for each individual passenger and crew member;

ii. each accident: 3,000,000 New Taiwan Dollars, multiplied by the maximum number of passengers allowed plus the number of crew members.

An operator shall display a certificate of the insurance, as described in the preceding 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 boat tickets.

 

Article 12

A small passenger boat operator shall operate in accordance with the operating plan and display information on fares, charter rates, insurance, business hours, passenger rights and obligations, service suspension notices and the cause for such suspension in an obvious place in ticket office(s) or on operating vessel(s).

 

Article 13

A small passenger boat operator shall immediately render assistance to any boating incident and report to the Fire Department of Tainan City Government.

 

Article 14

A small passenger boat operator, driver or passenger shall not:

1. operate a boat in waters where navigation is prohibited;

2. put or operate a boat in waters without permission from the competent authority of the waters;

3. catch, collect or cultivate aquatic products in a waterway, from a boat, near a wharf, at a ship canal entrance and in a ship canal;

4. park a boat at a place other than the approved harbour(s);

5. park a ship or motorboat without permission;

6. charge at a rate different from the approved standard fare;

7. fail to maintain an insurance as required;

8. operate outside operating hours;

9. drive without lights at night;

10. have passenger(s) stay on board overnight;

11. force anyone to board a boat;

12. operate beyond the approved area;

13. carry or hide prohibited or dangerous objects on board;

14. draw or take a picture of military installations;

15. drive under the influence of alcohol or drive when mentally incompetent;

16. use a small passenger boat for a purpose other than carrying passengers;

17. damage revetment or water management facilities intentionally;

18. do anything that may affect the safety of small passenger boat operations.

 

Article 15

The competent authority may revoke a small passenger boat operator's operating permit for all or part of the approved routes under any of the following circumstances:

1. The operator does not start boating services within six months of obtaining the operating permit or before the end of extended period;

2. The operator suspends boating services for more than three months without prior approval;

3. The operator suspends boating services more than five times within one year without prior approval.

 

Article 16

A small passenger boat operator who operates without a small boat operating permit from the competent authority as specified in Article 5 Paragraph 1 shall be punished by a fine of not less than 60,000 New Taiwan Dollars nor more than 100,000 New Taiwan Dollars. The penalty shall be imposed by the competent authority. The violator will also be ordered to suspend the operations and correct within a time specified by the competent authority. Failure to correct the violation timely or continued operations is subject to a fine for each offence.

 

Article 17

A small passenger boat operator who fails to provide emergency life-saving equipment in accordance with Article 10 or violates any provision of Article 14 shall be punished by a fine of not less than 30,000 New Taiwan Dollars nor more than 90,000 New Taiwan Dollars. The penalty shall be imposed by the competent authority. The violator will also be ordered to suspend the operations and correct within a time specified by the competent authority. Failure to correct the violation timely or continued operations is subject to a fine for each offence.

 

Article 18

A small passenger boat operator who violates any provision of Article 5 Paragraph 2, Article 6 Paragraph 2, Article 8, Article 11 Paragraph 2 or Article 12 and fails to correct the violation within a time specified 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. Failure to correct the violation timely is subject to a fine for each offence.
 

Article 19

A small passenger boat driver who violates any provision of Article 14 Paragraph 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18, and fails to correct within a time specified by the competent authority or suspend the operations 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 operations. Failure to correct the violation timely or continued operations is subject to a fine for each offence.
 

Article 20

A passenger on a small passenger boat who violates any provision of Article 14 Paragraph 3, 13, 14, 17 or 18, 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

This Self-Government Ordinance shall come into force on the date of its promulgation.