兩岸車輛監理制度的探討

隨著台灣開放探親、小三通及兩岸簽訂文書認證等相關政策因素刺激下，且中國大陸與台灣加入世貿組織（WTO）後，市場將更開放，再加上台商擴大在中國大陸的投資（特別是高科技產業）使經貿及民眾交流關係日益頻繁，故交通工具便捷將使兩岸民眾交流更為熱絡，民眾使用車輛代步的機會大增，因此，兩岸車輛的法令規章、行車的安全，將為本研究的源起與動機。本論文主要在說明兩岸車輛監理制度的差異性。一、法令規章：包含道路交通安全規則、道路交通管理處罰條例及違規之記點、行政命令等；二、車輛檢驗：包含申領牌照資格、申領牌照之限制及所須之證件及限制、車輛檢驗年份、隨著車齡的老舊所須檢驗的次數等；三、駕駛人資格：包含駕駛人考照制度的年齡及限制、駕駛人考照之項目及及格分數等；以「法、人、車」三大方向來簡單探討兩岸的差異性。茲將重要結論列示如下：一、民眾在取得駕駛執照後仍需透過各種管理措施，規範其正確、安全且合法之交通行為。二、教育、考驗、與管理是培養民眾安全駕駛行為、開創和諧順暢交通環境之三大不可分離之要素。三、兩岸均有汽車定期檢驗制度，其最大目的為確保車輛行駛時機件作用正常，為簡化車主辦理車輛檢驗，故研究實施「保檢合一」制度之可行性，以維護行車安全。四、台灣駕照考照制度未有實際道路駕駛技能考試，主要因素在於為避免於道路駕駛考試時有貪污的行為或因實際道路駕駛考照時發生車禍，其責任之歸屬。但造成考取駕照之民眾不敢開車上路，或因實際道路駕駛技能不佳，造成車禍發生，實非考取駕照本身之用意。

關鍵字

車輛檢驗；駕駛執照；車輛領牌；駕駛人資格

並列摘要

The cross-strait markets between the Mainland China and Taiwan are becoming much opener, with the stimulations of Taiwan government relevant policies, such as the opening up of relatives-visiting, mini-three links as well as signing written verifications and protocols across the Taiwan strait, in addition to the effect of both the Mainland China and Taiwan joining WTO. Besides, the dramatically increases of the investments from Taiwanese businesses, especially the high-tech industry, are resulting in the prosperity in terms of ecomonics and trades as well as the frequency of cross-strait people exchanges. Consequently, the conveniently perfect tools of transportation will make the communication of cross-strait people more prosperous, which raises the chances to use vehicles. All that mentioned above originates my motivation to research into the cross-strait statutes and the traffic safety. The thesis is to elaborate the differences between cross-strait motor vehicle supervision systems: 1. the statutory provisions, including Road Traffic Safety Regulation, Act Governing the Punishment of Violation of Road Traffic Regulations, points assessment system against driving records as well as other relevant administrative ordinances; 2. motor vehcile inspections, including the qualifications, restrictins as well as the documents required to apply for the license plates, the model year for vehicle inspection, and the frequency for older vehicles inspection; 3. the qualification of drivers, including the age and limitation of drivers tests, the items of test as well as how many points to pass through. That is to explore the cross-straits differences through the three territories of legal means, the people and the motor vehicles. The main characteristics are presented as follows: 1. After citizens obtain drivers＇licenses, the authorities should implement legal means to regulate the them toward accurate, safe and legal behaviors. 2. Education, inspection and supervision are three inseparable factors to help citizens cultivate safe driving haibts and initiate harmony as well as smooth traffic environment. 3. There are regular vehicle inspection systems across the Taiwan Strait, which is to ensure the normal function of vehicle operation. In order to simplify the procedures for vehicle inspection, the feasibility of the “alternative system of maintenance and inspection＂ should be taken into account to keep the vehicle operating safe. 4. The current driving test system of Taiwan is lack of physical driving skills test. The main factor is to prevent corruption events and liabilities of traffic accidents during the test. But it results in the fact that some people are scare of driving on the roads, and that traffic accidents are caused becaused of bad driving skills, both of which are not the substance of driving tests.