道路交通違規車輛移置保管及處理辦法

The Regulations are enacted in accordance with Paragraph 5 of Article 85-3 of the Road Traffic Management and Penalty Act (hereinafter referred to as the “Act”).

The competent authority refers to the Ministry of the Interior. The enforcement authorities refer to the police entities responsible for executing the traffic inspection subordinated to the National Policy Agency, Ministry of the Interior.

1Traffic police officers or personnel conducting traffic inspections pursuant to laws shall prohibit the driver with any of the following circumstances from driving and also remove the car from the scene to impound the car:

21.Driving the car with a revoked or void license plate;

32.Driving the car after its license plate has been suspended;

43.Driving the car without a license plate after the license plate has been cancelled, suspended, revoked, or voided.

1The car or motor-powered machine driver is found with one of the following circumstances upon test and inspection, traffic police officers or personnel conducting traffic inspections pursuant to laws shall prohibit the driver from driving and also remove the car or motor-powered machine from the scene to impound the car or machine:

21.An alcohol level exceeding the maximum tolerate standard;

32.The use of drugs, hallucinogens, narcotics, and similar official controlled drugs.

4Should the car or motor-powered machine driver refuse to take the test referred to in the subparagraphs of the preceding paragraph, the car or machine shall be removed from the scene and impounded.

The driver parks his/her car in violation of Paragraph 1 of Article 56 herein, the traffic police officers, personnel conducting traffic inspections pursuant to laws and traffic assistants shall order the driver to remove the car to an appropriate location. Where the car driver refuses to do so or is not found in the car, said officers, personnel and assistants may impound the car.

Any car owners, car dealers or repair shops parks a car on the street for sale or repaired, the traffic police officers or personnel conducting traffic inspections pursuant to laws shall, if necessary, order the car owners or dealers to remove the car to an appropriate location. The car owners or dealers refuse to do so, said officers or personnel may impound the car.

The driver or owner of any car or motor-powered machine that is not detained after causing an accident refuses to or fails to remove the car timely and thereby obstructs traffic, the traffic police officers or personnel conducting traffic inspections pursuant to laws may impound said vehicles.

Any car or motor-powered machine owner or driver shall be prohibited from passing or driving pursuant to the Act, the traffic police officers or personnel conducting traffic inspections pursuant to laws shall enforce the above prohibitions on the site and, if necessary, impound said vehicles.

The traffic police officers, personnel conducting traffic inspections pursuant to laws or traffic assistants shall remove and impound any car or motor-powered vehicle pursuant to the Act, they shall affix seals on all of the car or machine doors and trunk, take pictures of the car or machine for the purpose of securing evidence and certify any complained matters, and mark the custodian, contact number, and the license plate No., engine No., vehicle identification number or characteristics of the car or motor-powered machine at issue on the ground where the car or machine is parked or at any appropriate location.

The venue where the removed car or motor-powered machine is impounded shall be published by the enforcement authority.

The enforcement authorities may rent or use private tow trucks and tow pounds to move and keep the car or motor-powered machines, or authorize the local municipal, county, or city government or any other related agency to do so.

1The custodian which keeps the car at issue shall comply with the following requirements:

21.The traffic police officers, personnel conducting traffic inspections pursuant to laws, and traffic assistants shall issue the notice of causes for removing the car and delivering to the custodial personnel for collecting the removal fees and custodial fees.

32.The car or motor-powered machine removed and impounded according to Article 4 herein may be reclaimed by the owner or entrusted third party with the payment receipt of the fine, custody receipt and vehicle license after the cause for such custody has expired, provided that where the car driver is also subjected to criminal charges at the same time, the payment receipt of fine may be exempted.

43.The car or motor-powered machine removed and impounded according to Article 3 and Articles 5 to 8 herein may be reclaimed by the owner or entrusted third party with the custody receipt and vehicle license after the cause for such custody has expired.

54.The custodian shall prepare a registration book to record the type, custodial venue, time of custody and payable fees of the car or motor-powered machine, and the name, address, and ID No. of the receiver, and shall be signed or sealed by the receiver.

1The removal and custodial fees for the car or motor-powered machine shall be determined by the enforcement authorities based on the required expenses of removal and custody, and be implemented with authorization of the competent authority.

2The removal and custody for the car or motor-powered machine referred to the preceding paragraph are authorized to the local municipal, county, or city government or any other related agency, the fees shall be determined by said government or agency.

1The car or motor-powered machine removed and impounded is not reclaimed by its owner within 3 days, the custodian shall verify and notify the owner in writing to reclaim within specific time. The owner fails to reclaim siad vehicle within the designated time period, be unable to notify, or the owner can not be identified, said vehicle shall be auctioned off by the authority in charge of moving and impoundment if the vehicle remains unclaimed after 3 months following public announcement.

2The public announcement under the preceding paragraph shall be posted in a bulletin or made in any other appropriate manner, which shall contain the information about type, brand, color, parking location, license plate No. , engine No., or vehicle identification number or characteristics of said vehicles.

3The revenues from the auction under Paragraph 1 shall be deposited pursuant to laws after the deduction of payable fine, removal fees, custodial fees, and any other necessary expenses.

1The car that is removed and impounded with no one reclaiming upon the public announcement, and with any of the following circumstances, the vehicle shall be identified as an abandoned vehicle:

21.The car is declared to be abandoned by its owner or the owner’s agent in writing;

32.The car is contaminated, rusted or damaged, or fails to achieve its original functions in terms of its appearance;

43.The car involved in accidents or disintegrated fails to achieve its original functions;

54.Any other car which meets the standards published by the central competent authority in charge of environment protection after consulting related entities.

6The car that is removed and detained meets the standards for determination of abandoned cars under the preceding paragraph, the car shall be transferred from the custodian to the local environmental protection authority, and regarded as waste and removed in accordance with the Waste Disposal Act and other relevant laws and regulations. The license plate No., engine No. or vehicle identification number of the car is identifiable, the custodian shall also notify the roadway supervisory authority to record the abandoned car or revoke the license plate No. of the car. The license plate, if any, shall submit to the authority altogether.

The Regulations shall become effective on July 1, 2006.