Dear South Africans,
The LOSA has been officially informed of the following legislative
amendments for drunk driving and the use of drugs, narcotics or other
similar substance in Taiwan.
Please familiarize yourselves with these new laws.
Let me take this opportunity to thank all the South Africans living in
Taiwan who continue to abide by the local laws and regulations as set out
by the Taiwan Government.
1. Please note that the criminal penalties for drunk driving have been
intensified by the government of the Republic of China. Article 185-3 and
Article 185-4 of the Criminal Code governing such penalties have been
amended and promulgated with effect from 13 June 2013. Original text of
the aforesaid Articles along with the English translation is attached to
this letter for your reference.
2. According to the amendment, a blood alcohol concentration (BAC) of
0.25mg/l in the breath of a driver (or 0.05% in the blood) would result in
the violation of the aforesaid Articles. In response to the common
expectations of zero tolerance for drunk driving the Ministry of
Transportation and Communications and the Ministry of the Interior have
jointly amended the related traffic regulations. The amended regulations
mandate that a driver with a BAC of 0.15mg/l in the breath (or 0.03% in
the blood) is not allowed to drive. Drivers whose BAC exceeds the limits
designated in the aforesaid regulations are subject to penalties listed in
Article 35 of the Regulations Governing Traffic Violations and Penalties.
3. According to Item 1, Article 41 of the Vienna Convention on Diplomatic
Relations of 1961 and Item 1, Article 55 of the Vienna Convention on
Consular Relations of 1963, those who are entitled to diplomatic
privileges and immunities are obligated at the same time to respect the
laws and regulations of the countries where they are stationed under the
condition that such diplomatic privileges and immunities are not being
interfered with. To ensure traffic safety and the public interests please
be advised to refer to the regulations indicated in the aforesaid
conventions and to observe the traffic regulations of the Republic of
Regulations Governing Traffic Violations and Penalties
Drivers who have been detected as having committed one of the following
violations are subject to a penal fine between NTD15 000 and NTD90 000:
a. Blood alcohol concentration (BAC) exceeding designated limits.
b. Using narcotics, LSD or any other illegal drugs
of the drivers who have committed the aforesaid violations will be
will be doubled for drivers who have committed the aforesaid violations
and caused accidents while transporting children under 12 of age.
whose BAC has been detected as exceeding the designated limits twice (and
above) within five years are subject to a penalty fine of NTD90 000. The
driver license will be revoked and the car be towed away for keeping.
Licenses of those who have caused the deaths and serious injuries of
others will be revoked permanently.
who refused to take a breathalyzer test are subject to a penalty fine of
NTD90 000. The driver license will be revoked and the car be towed away
for keeping. Licenses of those who have caused the deaths and serious
injuries of others will be revoked permanently.
who refused to take a breathalyzer test will be transferred to medical
institutions by the police to take blood sample for alcohol test and
of the cars who failed to prevent the drivers (whose BAC exceeds
designated limits) from driving the cars are subject to a penalty fine
with licenses revoked for 3 months.
who are subject to a penalty fine lower than the minimum fine indicated in
Article 92-4 should pay the difference.