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  • Interpretation
  • No.223【Under Translation】
  • Date
  • 1988/03/25
  • Issue
    • Do the terms of Ordinance (1985) J.J.T. No. 3217 issued by the Kinmen War Zone Political Affairs Committee respectively prescribing the speed limit for each section of road in each area contradict the Constitution?
  • Holding
    •        In respect of the speed limits for motor vehicles, the terms of Ordinance (1985) J.J.T. No. 3217 issued by the Kinmen War Zone Political Affairs Committee respectively prescribe the speed limit for each section of road in each area.  They state that, except for speed limits of 50 km.p.h. or 60 km.p.h. in designated areas, the speed limit on suburban roads, on other roads and war zone roads shall be no more than 40 km.p.h.  The speed limits are set up for the special conditions of roads in a war zone and the necessity for maintaining traffic safety.  They do not contradict the Constitution.
  • Reasoning
    •        The intention of Article 93, Paragraph 1, of the Regulations Governing Road Traffic Safety regarding the speed of motor vehicles regulated by signs is to authorize the competent transportation and communications authorities, on consideration of actual conditions in local areas, to adjust the speed of motor vehicles by signs in certain sections of roads.  The purposes of this provision are to take appropriate measures in accordance with local conditions and to maintain traffic safety.  In areas where a sign has not been erected, the speed of motor vehicles may not be over the limit stated in each subparagraph of the same paragraph. In respect of speed limits for motor vehicles, the terms of Ordinance (1985) J.J.T. No. 3217 issued by the Kinmen War Zone Political Affairs Committee respectively prescribe the speed limit for each section of road in each area.  They state that, except for speed limits of 50 km.p.h. or 60 km.p.h. in designated areas, the speed limit on suburban roads, on other roads and war preparation roads shall be no more than 40 km.p.h.  The speed limits are still within the scope of the authorization of the above provision and set up for special conditions of roads in the war zone and the necessity for maintaining traffic safety.  If signs have not been erected in time, this is a question of whether the administrative measure is improper or not. The provisions themselves do not contradict the Constitution. 
      
    • *Translated by Ching P. Shih
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