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  • Interpretation
  • No.417
  • Date
  • 1996/12/06
  • Issue
    • (1) Does the Act Governing the Punishment of Violation of Road Traffic Regulations, which imposes a fine upon jaywalking, violate the constitutional protection of property rights?
    • (2) Are the Regulations Governing Road Traffic Safety, which require any pedestrian, under penalty of fine, to cross a traffic lane via a crosswalk, an overhead bridge or underground tunnel regardless of personal disability, bad weather, or natural disaster, constitutional?
  • Holding
    •        Article 78, Subparagraph 3, of the Act Governing the Punishment of Violation of Road Traffic Regulations provides that any pedestrian who crosses a vehicular traffic lane in violation of the traffic regulations will be fined one hundred and twenty silver dollars (NT$ 360), or will be required to take one or two hours of traffic safety instruction. This provision is necessary to maintain the social order and public interest, and is therefore consistent with the Constitution. Promulgated under the authorization of the aforementioned provision, Article 134, Subparagraph 1, of Regulations Governing Road Traffic Safety provides that where a crosswalk, an overhead bridge, or underground tunnel is readily available within 30 meters of distance, any pedestrian who wants to cross the vehicular traffic lane must make use of the crosswalk, overhead bridge, or underground tunnel accordingly. This provision is a necessary supplement to Article 78, Subparagraph 3, of the Act Governing the Punishment of Violation of Road Traffic Regulations, and is therefore consistent with the legislative intent of Article 78, Subparagraph 3, of said Act. However, the location of the crosswalk, overhead bridge, or underground tunnel should be carefully chosen by considering the necessity of the construction, the convenience and safety of the public who cross the vehicular traffic lane, and other factors such as the infeasibility during bad weather and natural disasters, or the infeasibility for the disabled. The competent authorities shall review the aforementioned provision and revise it with reference to the legislative intent of Article 78, Subparagraph 2, of the Act which provides exemptions for pedestrians who have a valid reason to cross the vehicular traffic lane despite the fact that a crosswalk, an overhead bridge, or underground tunnel is readily available.
  • Reasoning
    •        The Act Governing the Punishment of Violation of Road Traffic Regulations was enacted to be followed by all vehicle operators and pedestrians for the purpose of improving traffic management, maintaining traffic order, and insuring traffic safety. Any vehicle operator or pedestrian who violates the provisions of the Act will be disciplined in order to preserve the safety of vehicles and pedestrians, and to protect the lives and property of the people.    Article 78, Subparagraph 3, of the Act provides that any pedestrian who crosses the vehicular traffic lane in violation of the traffic regulations will be fined one hundred and twenty silver dollars (NT$ 360), or will be required to take one or two hours of traffic safety instruction. This provision is necessary to maintain the social order and public interest, and is therefore consistent with the Constitution. Promulgated under the authorization of the aforementioned provision, Article 134, Subparagraph 1, of the Regulations Governing Road Traffic Safety provides that where a crosswalk, an overhead bridge, or underground tunnel is readily available within 30 meters of distance, any pedestrian who wants to cross the vehicular traffic lane must make use of the crosswalk, overhead bridge, or underground tunnel accordingly. This provision is a necessary supplement to Article 78, Subparagraph 3, of the Act Governing the Punishment of Violation of Road Traffic Regulations, and is therefore consistent with the legislative intent of Article 78, Subparagraph 3, of said Act. However, the location of the crosswalk, overhead bridge, or underground tunnel should be carefully chosen by considering the necessity of the construction, the convenience and safety of the public who cross the vehicular traffic lane, and other factors such as the infeasibility during bad weather and natural disasters, or the infeasibility for the disabled. The competent authorities shall review the aforementioned provision and revise it with reference to the legislative intent of Article 78, Subparagraph 2, of the Act which provides exemptions to pedestrians who have a valid reason to cross the vehicular traffic lane despite the fact that a pedestrian passageway, overhead bridge, or underground tunnel is readily available.  
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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