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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 China (Taiwan).

 

 

Regulations Governing Traffic Violations and Penalties

 

Article 35

 

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

 

P         Licenses of the drivers who have committed the aforesaid violations will be revoked.

P         Penalties will be doubled for drivers who have committed the aforesaid violations and caused accidents while transporting children under 12 of age.

P         Drivers 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.

P         Those 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.

P         Those who refused to take a breathalyzer test will be transferred to medical institutions by the police to take blood sample for alcohol test and analysis.

P         Owners 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.

P         Drivers who are subject to a penalty fine lower than the minimum fine indicated in Article 92-4 should pay the difference.

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