道路交通事件處理辦法
Regulations Governing Road Traffic Cases
沿革（24 筆）
1.中華民國五十八年三月二十八日司法行政部（58）台令參字第 2418 號 令訂定發布全文 37 條；並自公布日施行 2.中華民國六十四年十二月三十日司法行政部台（六四）令刑字第 11086 號令修正發布全文 35 條 中華民國六十四年十一月十四日行政院台六十四交字第 8594 號函准予 備查 中華民國六十四年十二月三十一日司法行政部台（六四）函刑字第 111 78 號函自六十五年一月一日起施行 3.中華民國七十一年一月十二日司法院（71）院台廳二字第 01127 號令 、行政院（71）台法字第 0170 號令會同修正發布全文 35 條；並自發 布日施行 4.中華民國八十一年四月十四日司法院（81）院台廳二字第 04386 號令 、行政院（81）台法字第 11492 號令會同修正發布第 3、7～9、22 條條文 5.中華民國八十六年四月三十日司法院（86）院台廳刑二字第 08825 號 令、行政院（86）台法字第 15169 號令會同修正發布第 25 條條文 6.中華民國九十三年十二月二十二日司法院院臺廳刑二字第 0930029881 號令、行政院院臺法字第 0930054629 號令會同修正發布第 2 條條文 7.中華民國九十九年十月二十六日司法院院台廳刑二字第 0990024668 號 令、行政院院臺法字第 0990056498 號令會同修正發布名稱及全文 27 條；並自發布日施行 （原名稱：道路交通案件處理辦法；新名稱：道路交通事件處理辦法） 8.中華民國一百零一年十月二日司法院院台廳刑二字第 1010027130 號令 、行政院院臺法字第 1010056270 號令會同發布廢止
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Chapter I General Provisions
Article 1Chapter I General Provisions
The Regulations are enacted pursuant to Article 89 of the Act Governing the Punishment of Violation of Road traffic Regulations, made in conjunction with Article 10 and Article 88 of the same act.
Article 2Chapter I General Provisions
The term "Traffic Cases" referred throughout thee Regulations shall refer to the followings,
1. Objection cases after the competent road authority, police agency, or other jointly installed ruling agency has levied penalties for the violation of the Act Governing the Punishment of Violation of Road Traffic Regulations.
2. Criminal road traffic cases.
Article 3Chapter I General Provisions
With regard to the penalties of road traffic cases, except those that violate the Act Governing the Punishment of Violation of Road Traffic Regulations or the Social Order Maintenance Act, and other related laws shall be subject to penalties stipulated by the above act, the Social Order Maintenance Act, and other related laws, the portion concerning the criminal liabilities remains subject to the dispositions as prescribed under the Criminal Law.
Article 4Chapter I General Provisions
Proceedings governing objection cases, in addition to applying relevant provisions of the Code of Criminal Procedure mutatis mutandis, shall be processed in accordance with the provisions prescribed under these Regulations.
Proceedings governing criminal road traffic cases, in addition to the relevant provisions of the Code of Criminal Procedure, shall be processed in accordance with the provisions set forth under these Regulations.
Chapter II Traffic Court
Article 5Chapter II Traffic Court
The district courts and their branches shall establish a traffic court to preside cases of traffic offences.
Article 6Chapter II Traffic Court
The foresaid traffic court may be in the form of a designated division, or be run by designated personnel, and all its external operations shall be conducted in the name of the traffic court.
Article 7Chapter II Traffic Court
The traffic court may appoint several judges depending on the caseload, and a designated court may appoint a leading judge to oversee the court affairs.
Article 8Chapter II Traffic Court
The traffic court may appoint several clerks to process records, file-editing, and other related affairs in a traffic court. Where there are two or more clerks, one may be appointed to also serve as a section chief to oversee court clerk related functions.
Article 9Chapter II Traffic Court
The traffic court may appoint several interpreters, assistant clerks, bailiffs and court attendants.
Article 10Chapter II Traffic Court
The traffic court may, with regard to the cases accepted, entrust relevant agencies to conduct examination, and may appoint individuals with special knowledge in vehicle functions or with driving experience as consultants.
With regard to the written or verbal statements made for specific cases by the personnel set forth in the preceding paragraph, the relevant provisions governing examination under the Code of Criminal Procedure shall apply mutatis mutandis or apply in accordance with the nature of the statements.
The consulting personnel as referred to in Paragraph 1 may be entitled to monthly remunerations.
Article 11Chapter II Traffic Court
The manpower and funding required for running a traffic court shall be itemized, and budgets be allocated.
Chapter III Objections and Ruling Proceedings
Article 12Chapter III Objections and Ruling Proceedings
As stipulated under Article 87 of the Act Governing the Punishment of Violation of Road Traffic Regulations, the duration for filing an objection with a court of the proper jurisdiction is to begin on the following day upon the service of a decision, and may deduct time occupied in travel and petition for restoration of original condition, as permitted by law.
Article 13Chapter III Objections and Ruling Proceedings
Making an objection shall require that the judicial statement paper be used, citing the reason of the objection, which is to be filed with the agency that issued the initial penalty. Within five days upon receiving an objection statement, the original agency that issued the penalty shall promptly forward the case file and relevant evidence to a district court or its branch traffic court that holds the jurisdiction.
Article 14Chapter III Objections and Ruling Proceedings
The original agency that issued the penalty, when reviewing the reason of the objection, may issue a letter of opinions; the traffic court, when deemed necessary, may also order one be presented within a specified deadline.
Article 15Chapter III Objections and Ruling Proceedings
An objection shall not be effective to suspend the execution of punishment, except for one that has been given such suspension ruling by court according to laws.
Article 16Chapter III Objections and Ruling Proceedings
With regard to the objection cases, the traffic court, when deemed necessary, may interrogate the person sanctioned and related contingent parties, summon witnesses, and order examination and make inspection.
Article 17Chapter III Objections and Ruling Proceedings
When presiding objection cases, the traffic court shall promptly conclude its ruling within fifteen days after receiving the case file, unless under special circumstances.
Of the foresaid cases that involve suspicious criminals, a court ruling may be issued to suspend the proceeding prior to concluding a criminal litigation.
Article 18Chapter III Objections and Ruling Proceedings
Where the traffic court considers that an objection is inconsistent with the legal formalities or the right of objection has already extinguished, it shall dismiss that objection by a ruling; provided that where the deficiency in legal formalities is amendable, the court shall order an amendment to be made within a prescribed period. While the aforesaid period goes past, the amendment is still not made, the court has to dismiss the case.
Article 19Chapter III Objections and Ruling Proceedings
If the traffic court considers an objection is groundless, it shall dismiss such objection by a ruling.
Article 20Chapter III Objections and Ruling Proceedings
Where the traffic court considers that an objection is founded on reason or that though the objection is not founded on reason yet the original decision is improper or unlawful, it shall set aside such portion of the said decision objected from and render its own ruling on the case; provided, that where the original decision is set aside because of the original agency's improper ruling of "Mistake in Jurisdiction," the court may transfer the case to a court having jurisdiction.
Article 21Chapter III Objections and Ruling Proceedings
Court rulings as referred to in the preceding three articles shall be accompanied with reasons therefor.
Article 22Chapter III Objections and Ruling Proceedings
A traffic court judge shall give the original copy of the ruling to the clerk within three days after it is made, whereby the clerk shall note down the year, month and day of acceptance and sign his/her signature.
The clerk shall make true copies of the aforesaid ruling, which are to be delivered to person making the statement of objection, and the original agency that issued the penalty.
The aforesaid delivery shall be made within five days from the date that the original copy of the ruling is accepted.
Article 23Chapter III Objections and Ruling Proceedings
All written documents pertaining to objection cases are to be delivered by postal forwarding service, and may entrust a police agency to carry out the delivery when deemed necessary.
Article 24Chapter III Objections and Ruling Proceedings
A person sanctioned may waive his/her rights to file an objection.
A filed objection may be withdrawn prior to the conclusion of a ruling.
Chapter IV Interlocutory Appeal Proceedings
Article 25Chapter IV Interlocutory Appeal Proceedings
The person sanctioned, or the original agency that issued the penalty may file an interlocutory appeal in contesting the ruling concluded by the traffic court of a district court or its branch court.
No further interlocutory appeal is permitted in conjunction with the aforesaid ruling.
Article 26Chapter IV Interlocutory Appeal Proceedings
With regard to the interlocutory appeal proceedings, besides the relevant provisions set forth under the Code of Criminal Procedure, the provisions set forth under the preceding chapter herein may apply mutatis mutandis.
Chapter V Disposition of Cases Involving Criminal Traffic Offence
Article 27Chapter V Disposition of Cases Involving Criminal Traffic Offence
With regard to criminal road traffic cases that involve criminal liabilities, the police agency or competent road authority shall refer the case, according to their power, to a district prosecutor that holds the jurisdiction to conduct investigation, except a case chargeable only upon complaint has no legal complaint.
Article 28Chapter V Disposition of Cases Involving Criminal Traffic Offence
The referral of cases as described in the preceding article shall require all evidence related to the suspected criminal(s) be dispatched alongside a case transfer.
Article 29Chapter V Disposition of Cases Involving Criminal Traffic Offence
Road traffic cases that occur in circumstances that are justifiable as urgent situations or of major incidents may at any time convey orally or by telephone to the district prosecutor to dispose of those cases.
A district prosecutor, upon receiving the aforesaid report, shall process the case prudently and caution to safeguard the evidence, and take other necessary measures.
Article 30Chapter V Disposition of Cases Involving Criminal Traffic Offence
A district prosecutor, or a traffic court, upon accepting criminal road traffic cases, shall duly pay attention to relevant factors, such as the crime-related vehicle functionality, driving skills and the like, and to order for examination be conducted.
Article 31Chapter V Disposition of Cases Involving Criminal Traffic Offence
Criminal road traffic cases that have been awarded by a district prosecutor with a non-prosecutorial ruling in accordance with Article 253 of the Code of Criminal Procedure, or ruled by a traffic court with a guilty verdict shall be processed with care by referring to stipulations set froth under Article 57 of the Criminal Law, and the severity of the violations breaching the Regulations Governing Road Traffic Safety.
Chapter VI Execution
Article 32Chapter VI Execution
With regard to the traffic objection cases in contesting the decision concluded by competent authorities, except a suspended execution ordered through a court ruling, the original agency that issued the penalty shall promptly carry out the execution.
Article 33Chapter VI Execution
The execution of criminal road traffic cases may be processed in accordance with relevant provisions set forth under the Code of Criminal Procedure.
Article 34Chapter VI Execution
Cases that have been referred to court for execution in accordance with Article 65, Paragraph 2 of the Act Governing the Punishment of Violation of Road Traffic Regulations shall be subject to provisions set forth under the Compulsory Enforcement Act.
Chapter VII Supplementary Provision
Article 35Chapter VII Supplementary Provision
These Regulations shall become effective as of the date of promulgation.