Taipei Rapid Transit Corporation ─ Metro Service-Regulations-Penalty Standards for Violations of Article 50 and Article 50-1 in Mass Rapid Transit Act

Penalty Standards for Violations of Article 50 and Article 50-1 in Mass Rapid Transit Act

Amendments published on Oct. 30, 2013

I: The Taipei City Government (hereinafter the Government) hereby establishes the penalty standards for violations of the Mass Rapid Transit Act, following appropriate principles to establish an effective penalty system and fairness of execution, thus decreasing the administrative cost of disputes and appeals, and consequently enhancing credibility.

II: Guidelines on the imposition, increase and reduction of penalties and expansions thereof as stipulated by the Administrative Penalty Act are listed below for reference:

Guidelines on the imposition, increase and reduction of penalties and expansions thereof as stipulated by the Administrative Penalty Act are listed below for reference
Item	Considerations		Content	Legal Basis	Note
1	Not punishable	1	Acts in breach of duties under Administrative Law without intention or negligence.	Paragraph 1, Article 7
2		2	Acts committed by persons under the age of fourteen.	Paragraph 1, Article 9
3		3	Acts committed by persons suffering mental disorders or intellectual defects at the time of commission, rendering the violator incapable of discerning the unlawful nature of the act or behavior.	Paragraph 3, Article 9
4		4	Acts performed in accordance with the law.	Paragraph 1, Article 11
5		5	Acts performed under the orders of a superior officer in discharge of official duties.	Paragraph 2, Article 11	Unless the actor knew that the order was illegal and failed to present his view to the superior officer in pursuance of the statutory procedure.
6		6	Acts performed in defense of personal rights or the rights of another against the presence of unlawful infringement thereof.	Article 12
7		7	Acts performed as aversion of imminent danger not otherwise avertible to the life, person, liberty, reputation or property of the actor or of another person.	Article 13
8	Possible absolve	1	No person may be excused from the responsibility of administrative penalty by reason of their own ignorance of the law, but the penalty may be absolved as the situation may justify.	Article 8
9		2	The penalty may be absolved even though such act of defense was excessive.	Article 12 proviso
10		3	The penalty may be absolved even though such act to avert danger was excessive.	Article 13 proviso
11	Possible alleviation	1	No person may be excused from the responsibility of administrative penalty by reason of his/her ignorance of the law, but the penalty may be alleviated as the situation may justify.	Article 8	The amount of the fine to be imposed shall not exceed one third of the maximum statutory fine, nor shall it be less than one third of the minimum statutory fine.
12		2	The penalty may be alleviated even though such act of defense was excessive.	Article 12 proviso
13		3	The penalty may be alleviated even though such act to avert danger was excessive.	Article 13 proviso
14		4	Penalty may be alleviated for acts committed by persons fourteen years of age or older but not yet eighteen years old.	Paragraph 2, Article 9	The amount of the fine to be imposed shall not exceed one half of the maximum statutory amount of fine, nor shall it be less than one half of the minimum statutory amount of fine.
15		5	Penalty may be alleviated for acts committed by persons suffering mental disorder or intellectual defects with obviously decreased capability of discerning the unlawful nature of the act or behavior.	Paragraph 4, Article 9
16	Possible augmentation	1	If the gained benefit referred to against Administrative Penalty Act exceeds the maximum statutory amount of fine, the fine may be increased to the extent appropriate within the scope of the benefit gained, regardless of the statutory limitation of maximum fine.	Paragraph 2, Article 18
17	Concurrent Penalties	1	Where the act of a director of a private juristic person or of any other individual with the authority to represent such juristic person, in performance of his/her duties as such or for the benefit of the juristic person, results in breach of duty under Administrative Law, thereby making the juristic person punishable, he/she shall likewise be punished by a similar amount of fine under the provisions applicable to the juristic person if he/she has acted with intention or in gross negligence, unless the law or the self-governing ordinance provides otherwise. The amount of the fine to be imposed as a concurrent penalty under the preceding paragraph shall not exceed NT$1,000,000, unless the benefit gained exceeds NT$1,000,000, in which case a penalty may be imposed within the scope of such benefit.	Paragraph 1 and 3, Article 15
18		2	Where the act of any staff member, employee or worker of a private juristic person in performance of his/her duties or for the benefit of the juristic person results in breach of duty under Administrative Law, thereby making the juristic person punishable, and the director of such private juristic person or any other individual with the authority to represent such juristic person fails to perform his/her duties to prevent the occurrence of such act in breach of duty under Administrative Law because of his/her intention or gross negligence, such director and individual shall likewise be punished by a similar amount of fine under the provisions applicable to the juristic person, unless it is otherwise provided by law or by self-governing ordinances. The amount of the fine to be imposed as a concurrent penalty under the preceding paragraph shall be no more than NT$1,000,000, unless the benefit gained exceeds NT$1,000,000, in which case a penalty may be imposed within the scope of such benefit.	Paragraph 2 and 3, Article 15
19		3	Article 15 is applicable mutatis mutandis to acts in breach of duty under Administrative Law committed by any unincorporated body having a representative or manager or of other private law organizations other than juristic persons.	Article 16
20	Pursuable situations	1	A person who, having made another person liable for penalty in consequence of an act in breach of duty under Administrative Law committed by him/her for the benefit of such person, has nevertheless received no penalty himself/herself despite the fact that he/she has gained benefits in property as a result of such act, may be demanded to have such benefits in property returned to a certain extent within the scope of the value of the benefits which he/she has gained.	Paragraph 1, Article 20
21	Pursuable situations	2	If a person is liable for penalty by reason of his/her commission of an act in breach of duty under Administrative Law, but another person who, despite the fact that he/she has gained benefits in property as a result of such act, has received no penalty therefor, the latter may be demanded to have such benefits in property returned to a certain extent within the scope of the value of the benefits which he/she has gained.	Paragraph 2, Article 20
22	Penalty to be determined	1	In the case of imposition of a fine, consideration shall be given to such factors as the culpability of the act in breach of duty under Administrative Law, the impact resulted therefrom and the benefits gained from such an act. Additionally, the financial ability of the person penalized may also be taken into account.	Paragraph 1, Article 18

III: Penalty standards established by the Government for violations of the Mass Rapid Transit Act are as follows:

Penalty standards established by the Government for violations of the Mass Rapid Transit Act are as follows:
Item	Violation	Legal Basis	Fines (NT$) and other penalties	Penalty Standards (NT$)
1.	Climbing onto, jumping off, or scrambling up a running train	Paragraph 1-1 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 if their behavior does not cause train delays or causes delays of less than five minutes.
				Violators will be fined NT$4,500 if their behavior causes train delays of more than five and less than ten minutes.
				Violators will be fined NT$7,500 if their behavior causes train delays of more than ten minutes.
2.	Obstructing train doors and platform doors from closing, or opening them without permission	Paragraph 1-2 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 if their behavior does not cause train delays or causes delays of less than five minutes.
				Violators will be fined NT$4,500 if their behavior causes train delays of more than five and less than ten minutes.
				Violators will be fined NT$7,500 if their behavior causes train delays of more than ten minutes.
3.	Non MRT personnel or vehicles violating Paragraph 2 in Article 44 to trespass on MRT tracks, bridges, tunnels and MRT premises not for public access	Paragraph 1-3 in Article 50 and Paragraph 2 in Article 44	Over NT$1,500 and below NT$7,500	The following offenses will incur a fine of NT$1,500: 1. Entering the Information Counter, Personnel Area, or other such areas not for public access. 2. Trespassing on MRT tracks, bridges or tunnels and causing train delays of less than five minutes.
				The following offenses will incur a fine of NT$4,500: 1. Entering generator rooms, control areas, platform control areas, or other such areas not for public access. 2. Trespassing on MRT tracks, bridges or tunnels and causing train delays of more than five and less than ten minutes.
				The following offenses will incur a fine of NT$7,500: 1. Entering platform control areas and other such areas not for public access and causing train delays of more than ten minutes. 2. Trespassing on MRT tracks, bridges or tunnels and causing train delays of more than ten minutes.
4.	Using improper methods to enter/exit stations or get on/off trains	Paragraph 1-4 in Article 50	Over NT$1,500 and below NT$7,500	The following offenses will incur a fine of NT$1,500: 1. Climbing over fences or hedges to enter/exit stations or get on/off trains. 2. Entering/exiting stations or getting on/off trains through staff only passages. 3. Jumping, climbing over the gate, or squeezing through the barrier. 4. Passing through the service gate without permission.
				Under non-emergency conditions, entering/exiting stations or getting on/off trains through emergency exits will incur a fine of NT$4,500.
5.	Refusing ticket checks by TRTC personnel or hindering them in the performance of their duty	Paragraph 1-5 in Article 50	Over NT$1,500 and below NT$7,500	The following offenses will incur a fine of NT$1,500: 1. Refusing ticket checks by TRTC personnel. 2. Hindering TRTC personnel in the performance of their duty.
				Those hindering TRTC personnel in the performance of their duty, and thereby causing train delays of more than five and less than ten minutes will be fined NT$4,500.
				Those hindering TRTC personnel in the performance of their duty or use violence against TRTC personnel, thereby causing train delays of more than ten minutes will be fined NT$7,500.
6.	Remain in the carriage when the train is not in service and disregarding requests to leave	Paragraph 1-6 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 if their behavior does not cause train delays or causes delays of less than five minutes.
				Violators will be fined NT$4,500 if their behavior causes train delays of more than five and less than ten minutes.
				The following offenses will incur a fine of NT$7,500: 1. Refusal to leave a train not in service, thereby causing train delays of more than ten minutes. 2. Occupying the driver’s cab without permission and disregarding requests to leave.
7.	Raising funds, distributing or posting advertisements, peddling goods, or conducting other commercial activities on MRT premises without permission	Paragraph 1-7 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 if their behavior is reported once on the same day.
				Violators will be fined NT$7,500 if their behavior is reported more than once on the same day.
8.	Bringing animals onto MRT premises or trains without permission	Paragraph 1-8 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 if they bring animals not kept in cages or other containers onto MRT premises or trains without permission.
				Violators will be fined NT$4,500 if their animals (not kept in cages or other containers) cause environmental pollution, affect other passengers or cause train delays of more than five and less than ten minutes.
				Violators will be fined NT$7,500 when their animals (not kept in cages or other containers) cause train delays of more than ten minutes or lead to accidents.
9.	Drinking, eating, chewing gum or betel nuts within MRT perimeters; spitting phlegm or betel nut juice; littering cigarette butts, chewing gum, fruit or other wastes.	Paragraph 1-9 in Article 50	Over NT$1,500 and below NT$7,500	The following offenses will incur a fine of NT$1,500: 1. Drinking or eating in "no food or drink" areas of the MRT system. 2. Chewing gum or betel nut in the "no food or drink" areas of the MRT system. 3. Spitting phlegm or betel nut juice; littering cigarette butts, chewing gum, fruit or other waste, and thereby causing train delays of less than five minutes.
				The following offenses will incur a fine of NT$4,500: 1. Drinking, chewing gum or betel nut in the "no food or drink" areas of the MRT system and thereby polluting the environment. 2. Spitting phlegm or betel nut juice, littering cigarette butts, chewing gum, fruit or other waste, thereby polluting the environment and causing train delays of more than five and less than ten minutes.
				Violators will be fined NT$7,500 if their drinking, eating, chewing gum or betel nut, spitting phlegm or betel nut juice, littering cigarette butts, chewing gum, fruit or other waste in the "no food or drink" areas of the MRT system causes train delays of more than ten minutes or lead to accidents.
10.	Hindering other passengers from passing through or using station entrances/exits, ticket-reading gates, ticket vending machines, escalators or other passages, and disregarding requests to leave	Paragraph 1-10 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 for such behavior.
				Violators will be fined NT$4,500 if their behavior affects train travel or public order.
				Violators will be fined NT$7,500 if they refuse to desist from their behavior or respond violently to requests to leave.
11.	Loitering in station concourses or platform areas, thereby hindering other passengers from passing and disregarding requests to leave	Paragraph 1-11 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 for such behavior.
				Violators will be fined NT$4,500 if their behavior affects train travel or public order.
				Violators will be fined NT$7,500 if they respond violently to requests to leave.
12.	Lying down on train or platform seats and disregarding requests to behave properly	Paragraph 1-12 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 for such behavior.
				Violators will be fined NT$7,500 if they respond violently to requests to desist.
13.	Operating stalls, putting up canopies, or organizing banquets within MRT premises without permission	Paragraph 1-13 in Article 50	Over NT$1,500 and below NT$7,500	Violators will be fined NT$1,500 for such behavior and must clear away their things in a specified time.
				Violators will be fined NT$7,500 if they fail to remove stalls, canopies or fail to clear away their things within a specified time.
14.	Playing on the platform, crossing the yellow warning line, walking against escalator direction, running on escalators or other behavior that may affect train operation or travel safety and disregard of warning.	Paragraph 1-14, Article 50	Over NT$1,500 and under NT$7,500	Violators will be fined NT$1,500 for the said behaviors.
				Violators will be fined NT$4,500 if their behavior interferes with other passengers’ rights and interests, and affects train travel or public order.
				Violators will be fined NT$7,500 if they respond violently to requests to desist.
15.	Bringing hazardous or combustible objects onto MRT routes, depots, stations or trains without permission	Paragraph 1-1 in Article 50-1	Over NT$10,000 and below NT$50,000	Violators will be fined NT$10,000 if their behavior does not cause train delays or causes delays of less than five minutes, but raises public safety concerns.
				Violators will be fined NT$25,000 if their behavior causes train delays of more than five and less than ten minutes.
				Violators will be fined NT$50,000 if their behavior causes train delays of more than ten minutes.
16.	Tampering with station or train facilities, or hindering normal operation of trains, and power or security systems	Paragraph 1-2 in Article 50-1	Over NT$10,000 and below NT$50,000	Violators will be fined NT$10,000 if their behavior does not cause train delays or causes delays of less than five minutes, but raises public safety concerns.
				Violators will be fined NT$25,000 if their behavior causes train delays of more than five and less than ten minutes, or if their damage to the facilities does not immediately affect trains or public safety.
				Violators will be fined NT$50,000 if their behavior causes train delays of more than ten minutes, or if their damage to the facilities immediately affects trains or public safety.
17.	Violation of Paragraph 3, Article 44, crossing MRT routes without using overpasses or underground passages	Paragraph 1-3 in Article 50-1	Over NT$10,000 and below NT$50,000	Violators will be fined NT$10,000 if their behavior does not cause train delays or causes delays of less than five minutes.
				Violators will be fined NT$25,000 if their behavior causes train delays of more than five and less than ten minutes.
				Violators will be fined NT$50,000 if their behavior causes train delays of more than ten minutes.

IV: Those violating Paragraph 1 in Article 50 and Paragraph 1 in Article 50-1 may be forced to leave stations by TRTC personnel or policemen. No refund will be made for uncompleted journeys. Persons under fourteen years of age, who are in violation of the regulations referred to in Paragraph 1 of this article due to lack of supervision by their legal representatives or guardians, their legal representatives or guardians shall be punished.

V: The penalty procedure is stipulated as follows,

Upon discovering violations against Article 50 or Article 50-1 in the Mass Rapid Transit Act, Transit Police will take disciplinary actions in accordance with Article 40 in the Mass Rapid Transit Act, or Taipei Rapid Transit Corporation (authorized by the Government under Paragraph 2 in Article 52 in the Mass Rapid Transit Act) will take disciplinary action on the spot. Violators will receive fines or perform community service. In the event that violators refuse to receive penalty documents, Taipei Rapid Transit Corporation will follow the Administration Procedures Act to deliver the penalty documents.
Taipei Rapid Transit Corporation shall issue demand notices if violators fail to pay fines by the due date. Those who still fail to pay the fines within a time limit set by these notices will be subject to regulations under Paragraph 1, Article 11 of the Administrative Penalty Act.

VI: These standards take effect on Oct. 30, 2013.