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Control Yuan
The Control Yuan (CY) carried out an investigation after receiving a complaint by a citizen claiming he was being deprived of his right to work by, in accordance with Article 37 of the Road Traffic Management and Penalty Act, being prohibited for life from holding a taxi driver’s license due to a conviction for attempted murder, despite having already served his prison sentence. The right to work is the right of each citizen to earn a living to survive and should be protected by the government. In its report following the investigation, the CY requested that the Ministry of Transportation and Communications (MOTC) carry out a comprehensive self-review and improve the situation.
The CY stated in its report that the MOTC should review and revise the eligibility requirements for commercial driver’s licenses so that they are in line with Judicial Yuan Interpretation No. 584 as well as the International Covenant on Economic, Social and Cultural Rights. The CY also pointed out that the National Police Agency (NPA) under the Ministry of the Interior should incorporate criminal records into the taxi driver database, enhance crime detection and prevention education, and work to increase passenger safety awareness.
Through the CY’s follow-up monitoring, improvements have been made. The NPA now provides the MOTC with taxi driver crime statistics every year and has come up with a “Safe Ride Project” as well as a “police service app” for the general public. In addition, the MOTC drafted revisions to Article 37 of the Road Traffic Management and Penalty Act relaxing restrictions on eligibility for taxi driver’s licenses, allowing individuals with a criminal record, including those who have been convicted of violent offenses such as murder or offenses against public safety such as drunk driving, to apply for a taxi license 12 years after last being sentenced for a crime. The revisions were passed by the Legislative Yuan in April 2018.
The Control Yuan pointed out that after enactment of the revisions, individuals facing the same situation as the complainant will be able to apply for a taxi license after a certain period of time and will not be prohibited from doing so for life. This will better protect people’s right to work. The CY abides by international human rights standards and continuously oversees the implementation of government policies and measures so that the nation’s citizens can live and work with peace of mind.
Source: Control Yuan, Taiwan
