Amended on June 20, 2002 by Kinmen County Government, (91) FuMiZi#9124899 Decree
Article 1 Kinmen County Government (hereinafter referred to as KCG) enacts this Ordinance for purposes of handling traffic obstructing vehicles, clearing road blockage, and improving traffic safety in accordance with Article 19 and Article 28 of Local Government Act.
Article 2 Vehicles implied in the Ordinance include the following:
1. Any motor vehicles driven on the road (including motorcycles) and vehicles driven by men or animals.
2. Trailers and brackets.
3. Any other motor machinery.
Article 3 Vehicles with any of the following conditions shall be moved and kept away. Vehicles driven by men or animals shall be locked.
1. Illegally parked so as to obstruct the regular flow of traffic.
2. Disabled on the road and not moved in time so as to obstruct the regular flow of traffic.
3. Broken due to traffic accidents and not moved in time so as to obstruct the regular flow of traffic.
4. Broken vehicles parked along the roads without moving away after notifying owners or handling before the deadlines.
5. Vehicles of which owners or drivers are prohibited of entering, driving, and steering the vehicles in accordance to laws; and the custody of the vehicles shall be kept by the authorities.
The previous rules apply to management of cargo container parking violations.
In terms of the moving and safekeeping of violated vehicles, in the event that enforcement authorities are not able to tow away the vehicles, adding locks on the vehicles shall be proceeded instead. The authorities are not responsible for the safekeeping of the vehicles.
Abandoned vehicles without plates or registration shall be notified of environmental protection or related authorities for lawfully handling.
Article 4 Kinmen County Police Bureau is the enforcement authority for the moving and safekeeping of vehicles.
In the event there is a shortage in the number of trailers or towing vehicles or safekeeping sites, private trailers or towing vehicles or safekeeping sites shall be used based on operation guidelines enacted by the enforcement authority.
The locations of the vehicle safekeeping sites are to be placed on public notice.
Article 5 When moving vehicles, a policeman shall be present to enforce the vehicle moving matter and write a ticket. The original parking position shall be marked with plate number, moving time, and contact telephone number after vehicles are moved. Local police bureau with jurisdiction shall also be notified.
For vehicles having added locks, the locking time and contact telephone number shall be marked on an explicit location of the right side of the vehicles.
Article 6 Vehicles moved to the safekeeping site shall be processed according to the following rules:
1. The notice of vehicle relocation issued by the police officer on duty shall be given to the administrative personnel at the safekeeping site as the invoice for costs of relocation and safekeeping.
2. Illegally parked cars will be penalized by the police officer on duty who will issue a notice of traffic infringement and hand it to the administrative personnel to give it to the owner of the vehicle.
3. In regards to vehicles that have not been claimed for more than three days, the administrative personnel shall inform and ask the Police to ascertain the owner of the vehicle and notify him/her of the due dates for collection. Vehicles not claimed after the due dates or whose owners cannot be ascertained will be put on public notice for collection. Vehicles found to be stolen will be returned to the owner as stipulated.
4. The safekeeping site shall provide registration logs that records the type of car, place of relocation, keeping time, amount payable and the name, address, ID number of the person collecting the vehicle, who will sign or stamp his/her signature for future references.
In the event of Paragraph 3 of the aforesaid Article where the vehicle, having not being claimed within the due dates or not found the owner, and therefore put on public notice for collection for three months but still not been collected, will be put on public notice and auctioned as stipulated. The proceeds derived from the auction will pay for all the necessary fines, relocation fees, safekeeping fees and other necessary costs. The balance will be withdrawn or deposited as stipulated.
Article 7 Vehicle relation, safekeeping and locking fees are stipulated as follows:
Standard Charges of Vehicles Obstructing Traffic in Kinmen County
|
Vehicle Type
|
Relocation Fee
(Unit: NT$)
|
Safekeeping Fee
(Unit: NT$)
|
Locking Fee
(each vehicle/per locking)
|
Notes
|
|
Motorcycle
|
NT$100
|
NT$50
|
|
|
|
Small car
|
NT$600
|
NT$100
|
NT$1000
|
|
|
Large car
|
NT$2000
|
NT$300
|
NT$5000
|
|
|
Tractor-trailer combination truck, full trailer, semi trailer, cargo container with bracket
|
NT$5000
|
NT$600
|
NT$8000
|
Including full combination truck, semi combination truck, and trailer
|
|
Tractor
|
NT$2000
|
NT$500
|
NT$5000
|
|
|
Motor machinery
|
NT$6000
|
NT$600
|
NT$10000
|
|
|
Notes: Calculation unit of safekeeping fee is one day, less than one day will be counted as one.
|
Definition of small and large cars is set forth in Article 3 of Regulations Governing Road Traffic Safety.
Article 8 Where the vehicle relocated or kept away is damaged or lost as a result of negligence of the mover, keeper or administrative personnel at the safekeeping site, the responsible party is liable for compensation.
In the event that the enforcement authority has taken due responsibilities in protecting the relocated vehicles, the enforcement authority is not liable for compensation.
Article 9 Upon returning the kept vehicle, the keeper or administrative personnel of the safekeeping site shall cross-check ownership documents of the vehicle, and receipts of relocation and safekeeping fees. Where false collection or stolen cars are found, the Police shall be informed immediately.
Article 10 Personnel implemented locking of the vehicles shall promptly investigate and handle the case.
Article 11 The locked vehicles shall be unlocked immediately after the parties involved in the locked vehicles pay for the locking fee, receive the traffic violation ticket, and the vehicle registration is consistent and correct.
Article 12 The purchase of trailer and towing vehicles, and the employment schemes of drivers, technicians, administrative personnel as required at the safekeeping facility shall be submitted to KCG for approval and then be included in the budget plan.
Article 13 The forms and handbooks and their respective formats required for this Ordinance are to be set out by the KCG separately.
Article 14 The Ordinance will take effect as of the day of promulgation