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Article 3
The driver or perpetrator shall first undertake the following measures if a traffic accident occurs:
1. If the accident took place in a vehicle lane or road shoulder warning signs or other clear warning facilities shall be put up at a proper distance. Such signs or facilities shall be removed immediately after the accident scene is removed.
2. In case of injury, aid shall be provided swiftly and the fire authority shall be notified as soon as possible.
3. Any fire shall be extinguished swiftly to prevent aggravation of the disaster and the fire authority shall be notified as soon as possible.
4. No vehicles involved in the accident or traces/evidence at the scene shall be moved. However, if there is no personal injury/death and if the vehicle can be driven, or if there is personal injury and all parties agree to move the vehicles, the locations of the vehicles and the traces/evidence at the scene shall first be drawn before moving the vehicles to a location that does not interfere with the traffic.
5. Notify the police authority and cooperate in necessary investigations, unless nobody was injured or killed and all the parties involved in the accident reach a settlement on site.
The drawing and marking of the locations of the traces/evidence left at the scene described in subparagraph 4 of the preceding paragraph that may be recorded by a camera or a video camera if nobody was injured or killed and the vehicles are still drivable.
Article 9
Having been notified a traffic accident, the police authority shall undertake the following measures swiftly depending on the situation:
1. Record the time of reporting of the case, verify the identity of the person reporting the case, the time and place of the accident, status of injury and death, rescue measures, and a summary description of the accident.
2. Send personnel to the site of the accident swiftly to provide reporting contact related to the rescue, support and consultation.
3. Inform the fire authority as soon as possible to escort the injured to the closest hospital or clinic for treatment. Inform family members.
4. Put up clear signs at a proper distance from the site of the accident to warn vehicles passing by. Put up warning objects in the vicinity to secure the site.
5. Exercise proper control to alleviate traffic congestion on the road. Exercise control to prevent the public from stopping and watching the accident, except relevant personnel participating in the rescue. Block the traffic if necessary.
6. When the site of the accident needs to be changed, the status of the people, vehicles and objects shall be drawn up and video recorded before relocation.
7. After site inspection and evidence collection, move the corpses to a proper location and covered them. Notify family members and a prosecutor for inspection.
8. Work with relevant personnel on site to collect luggage and properties of the injured or the deceased. Seal and keep them in temporary custody, followed by a notice to the family members to retrieve.
9. If no inspection, expert examination or verification on any vehicles involved in the accident is required, vehicles shall be handled by the driver or the owner. If the driver or the owner does not or cannot relocate the vehicle immediately, causing traffic obstruction, the police authority may relocate the vehicle. To relocate a mass rapid transit system vehicle, a notice may be given to the operating authority.
Upon discovery of any person that may suffer from physical or mental disability on the location of the accident, the police authority shall give immediate notice to the local social administration authority for assistance.
In handling a traffic accident involving any vehicle transporting hazardous object, the police authority shall first ascertain the type of hazardous object and exercise proper control on site. An immediate notice shall be given to the competent authority of the relevant industry, the operator and the fire authority as soon as possible for further handling on site.
Upon occurrence of a major traffic accident, the police authority handling the accident shall swiftly report to the National Police Agency of the Ministry of the Interior, the Taiwan Transportation Safety Board (the “TTSB”), the Traffic Safety Committee of the Ministry of Transportation and Communications, and the local motor vehicle authority, and provide necessary assistance to on-site investigators of the TTSB.
Article 10
The police authority shall engage in detailed exploration, evidence collection, and enquiry of related parties on the site of traffic accident and shall perform an analysis and study based on such conditions:
1. Location and direction of the accident, traffic status, and status of the environment in the vicinity.
2. All traces on road surface and fallen objects caused by the accident.
3. Physical and mental status of the driver, traces of damages to persons and vehicles, level of damage and status of attached objects.
4. Positions and shapes of the persons and vehicles in the accident.
5. Movements of the persons and vehicles during the accident and each related location.
6. Evidence that is related to the accident and was recorded by scientific instruments such as monitors, vehicle traveling data recorders, or other legal methods.
The exploration and evidence collection under each subparagraph of the preceding paragraph shall be possibly done through statements on site by the parties to the accident and witnesses. Records shall be prepared through site drawings, sketches, and video recordings. An investigation report of traffic accidents shall be completed in detail. Statements by the parties to the accident and witnesses shall be taken through records or minutes. The scene drawing or sketch may be photographed or video recorded by using scientific instrument, and shall be signed by the parties to the accident or the persons on site.
The parties to the accident who are unable or unsuitable to be interviewed for investigation records on the spot shall contact the response unit for an interview within seven days after the accident occurs or the cause of accident disappear.
If the statements given by the parties require further verification, the police authority may notify the owners of the vehicle, parties to the accident or related persons to give their accounts again at the police department.
If the driver of the vehicle causing the accident refuses to accept a breath analyzer test or if such test cannot be performed, or if the driver may have taken drugs, ecstasy, narcotics or other similar controlled drugs, the police authority shall transfer the person to the mandated medical or inspection institution regardless of the person’s will in order to perform blood and other specimens collection and testing.
Article 11
After exploration and evidence collection on the site of the accident are completed, the police authority shall give notice to the relevant department to clean up the site, remove control measures and restore traffic.
The police authority shall maintain the integrity of accident scene after a major traffic accident or a probable major traffic accident occurs. If any of the following situations is likely to occur, the police authority shall conduct necessary clean-up of the scene after consulting with the investigator designated by the TTSB to be responsible for the investigation:
1. The wreckage may have a significant impact on the smooth flow and safety of traffic;
2. The wreckage may sustain further damage;
3. It may cause a second disaster;
4. It may cause harm to other people;
5. It may pollute the environment.
Article 12
If the marks on the vehicle, information recorded in the traveling data recorders, or other mechanical parts of the vehicle involved in the accident requires further inspection, expert examination or verification, the police authority may seize them in temporary custody. The period shall not exceed 3 months.
A receipt shall be given for any vehicle seized under the preceding paragraph, recording in detail the license plate number or engine number, type and model of vehicle and the cause for seizure . After the cause for seizure ceases to exist, an immediate notice shall be given to the owner of the vehicle to retrieve the vehicle before a deadline. If the vehicle is not retrieve in time or if the owner of the vehicle cannot be identified, the vehicle shall be handled by the seizure authority in accordance with Article 85-3 of the Act.
When a mass rapid transit system vehicle is seized, a notice may be given to the operating authority for further handling.
When a mechanical component of a vehicle involved in the accident is damaged, which will endanger the operating safety, the use of the vehicle shall be prohibited.