NOISE POLLUTION CONTROL ACT AMENDED

01/01/2009

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Amendments to the Noise Pollution Control Act were enacted by the Legislative Yuan on 11 November 2008. The main changes are the addition of clauses on the control of transportation noise, expressly providing that if noise from public transport systems such as air, rail, freeway, expressway, or mass rapid transit systems exceeds specified standards, the operating or managing entity bears responsibility for improvement; as well as clauses on the reporting of noisy vehicles, which provide a legal basis for members of the public to report excessively noisy vehicles to environmental protection agencies. The main content of the above clauses is as follows:
Ÿ	Transportation noise control
	With regard to transportation or aviation noise in excess of noise control standards that is generated by ground transportation systems such as expressways, freeways, railways, and mass rapid transit systems, or by civilian airports or combined civilian and military airports under civilian air traffic control, the relevant operating or managing agency or organization is responsible for ameliorating the noise pollution. Where noise control standards or environmental noise standards are exceeded, the operating or managing entity should draw up and execute a noise pollution amelioration plan for the affected section of road or track or the affected area. Where amelioration is not feasible, it may draw up and execute, once only, a subsidy plan to fund noise protection equipment.
	A transportation operating or managing entity that fails to duly submit an amelioration or subsidy plan, or fails to execute such a plan, will be liable for administrative fines ranging from NT$100,000 to NT$500,000.
Ÿ	Reporting of noisy vehicles
	New provisions allow members of the public to report to the environmental authorities any disturbance of the peace caused by noise generated by mechanically driven vehicles when in use. After notification by the environmental authorities, a reported vehicle should be taken to a designated location for inspection within a specified period. The regulations governing such reporting are to be drawn up by the Environmental Protection Administration.
If a vehicle is not taken for inspection or is found on inspection not to comply with noise control standards, the vehicle owner or user will be subject to an administrative fine of NT$1,800 to NT$3,600, and will be set a new compliance deadline. Continued non-compliance will attract successive fines.