《TAIPEI TIMES 焦點》 TRA mulls fine increase for suicides

PAYING THE PRICE: The TRA is unable to seek reimbursement from damage caused by suicides, in contrast to the MRT system, which can impose fines of up to NT$50,000

By Huang Li-hsiang, Lin Chia-chi and Jake Chung / Staff reporters, with staff writer

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Amendments to the Act Governing Punishments for Violations of Road Traffic Regulations （道路交通管理處罰條例） are being mulled as a way of deterring people from committing suicide by lying down on railway tracks, the Taiwan Railways Administration （TRA） said.

The agency’s most recent survey found that suicide bids are the cause of at least 20 percent of all deaths and accidents the administration encounters annually.

A total of 428 people were injured or killed in railway accidents in the past five years. Of these 77 died and 12 were injured by jumping from platforms or lying on the tracks.

It estimated that each incident disrupts schedules by 60 to 70 minutes — meaning the delay of 10 to 15 trains. In the past five years, about 520,000 passengers have been delayed due to incidents involving suicides or suicide attempts, the TRA said.

Instead of fining the relatives of the individuals involved, as is the TRA’s right under the law, the agency has had to pay reparations to these families instead, it said.

The TRA in the past followed the Statute on Handling Reparation and Subsidies for Railway and Other Accidents （鐵路行車及其他事故損害賠償暨補助費發給辦法）, which required it to make a payment of NT$100,000, and cover medical subsidies up to NT$70,000 for people who might have died or been injured due to errors of judgement, the agency said, adding that it ceased such practices after 2006.

By comparison, the Mass Rapid Transit Act （大眾捷運法） calls for a fine of NT$10,000 to NT$50,000 to be imposed on any individual obstructing the normal functioning of MRT trains.

An elderly man attempting suicide in 2009 was fined NT$50,000 for delaying Taipei’s MRT system by five minutes.

TRA passenger affairs division deputy director Peng Ming-kuang （彭明光） said the TRA was considering an amendment to the Act Governing Punishments for Violations of Road Traffic Regulations that would include a fine of NT$50,000 for attempting to commit suicide on national railways and also include a clause requiring those who make such attempts to pay for damaged equipment.

The current regulations include fines of NT$15,000 to NT$16,000 for cars or motorcycles attempting to cross railway tracks when the barrier has been lowered, but only NT$1,200 for pedestrians.

If the individual attempting suicide survives, they would be liable to pay damages and the liability might extend to others in certain circumstances — for example if the individual has a guardian, the TRA said.

The agency said it is seeking to change the regulations not to press fines on people, but in the hopes that they cherish their own lives as well as respect the rights of all the other travelers using the railway system. The proposed changes would be implemented as soon as next year, it said.

Meanwhile, the Ministry of Transportation and Communications and academics said that while the move was in the right direction, there might be difficulties in upholding the fines.

Deputy Minister of Transportation and Communications Frank Fan （范植谷） said that many of the suicide attempts in the past have been by poeple from disadvantaged groups and the TRA has had to absorb its losses.

The regulation changes proposed by the TRA would have to be reviewed by the ministry, Fan said.

While saying it is controversial to impose fines on a family following the suicide of a family member, the amendment under consideration is a step in the right direction, Feng Chia University Department of Transportation Technology and Management associate professor Lee Ker-tsung （李克聰） said, adding that the TRA should also step up its efforts to locate its tracks underground or elevate them above ground, while increasing measures to prevent public access to the tracks.（Additional reporting by Chien Li-chung）

新聞來源：TAIPEI TIMES