Newsletter 高速鐵路簡訊 . 交通部高速鐵路工程局
鐵路法部分條文修正案經總統明令公布,強化鐵路安全監督 Partial Amendment of Railway Law was proclaimed by the President to Enhance Rail Supervision and Safety
臺鐵「普悠瑪列車」

交通部為強化高鐵、臺鐵、阿里山森林鐵路之安全監理並保障旅客權益,擬具鐵路法修正草案陳報行政院於101年2月20日函送立法院審議,經立法院三讀審議後,業於103年6月18日經總統令公布實施。
本次鐵路法修正條文達41條,修正幅度為歷年之最,修正重點包括:
1.強化安全監理,增訂行車事故及異常事件相關報告規定,鐵路機構除應瞭解發生原因、採取適當預防與改進措施外,並應每年向交通部提出安全管理報告。對於重大行車事故則增列交通部應聘請專家調查事故過程與原因,鐵路機構應配合調查之規定。
2.確保鐵路路線淨空安全,明定鐵路兩側禁建、限建範圍勘定、變更或廢止依據及於禁限建範圍內從事工程行為規範。
3.保障旅客權益,明定運送遲延時,鐵路機構須負賠償責任並訂定賠償基準,報經交通部備查實施;但旅客受有更大損害,仍可依其他法律請求賠償。
4.增訂或修正罰責,包括鐵路機構未遵守本法規定事項之罰責;列車駕駛故意或過失致發生重大行車事故,交通部得廢止其執照;旅客或第三人危害鐵路安全時之處罰,以及加價販售車票或換取不正利益按車票張數處以罰鍰等。

For the purpose of enhancing rail safety and passenger benefits in HSR, Taiwan Railways and Alishan Forest Railway operation, MOTC proposed the amendment of Railway Law to Executive Yuan. It then was submitted to Legislation Yuan for deliberation on Feb 20, 2012. Subsequent to the passing of the third reading in Legislative Yuan, the Amendment of Railway Law was proclaimed for implementation by the President on Jun.18, 2014.
The Amendment included revision of 41 clauses which made it the biggest amendment over the years. Major amended points are listed as follows:
1.Safety Supervision Enhancement: An additional clause on operational accident and abnormal incident regulated that railway organizations should not only investigate on accident & incident causes and take preventive and improvement measures but should also submit safety management reports to MOTC annually. For major operational accidents, an additional clause regulates MOTC to hire experts to investigate on cause and course of events and railway organizations should coordinate accordingly.
2.Ensure of Clear Railway Path: An additional regulation indicating that building permit ban on railway sides, inspection on restricted building construction area, reference for rezone/abolishment and regulations on construction behavior within restricted building area should be truly carried out.
3.Passenger Benefits Protection: Compensation clause is added indicating railway authorities are obliged to compensate for shipping delay based on compensation standard. When passenger encounters greater loss, compensation can be requested per other laws.
4.Penalty Addition and Revision: First, penalty and responsibility for violation of Railway Law clauses is officially set. Second, MOTC is authorized to repeal the driver's license for major operational accidents caused either intentionally or unintentionally. Third, penalty is set to those who jeopardize rail safety. Last, for those who gain improper benefits by scalping tickets, they will be fined according to number of tickets sold.

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