Road Traffic Management and Penalty Act Article 35-2
This English translation was last updated on 2025-05-28, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
If a professional driver employed by a automotive transportation enterprise who drives and violates Paragraph 1, 3, 4 or 5 of Article 35 in the performance of his/her duties and therefore is bound to compensate for the injury to others, the court may fix no more than three times of the damages amount as punitive damages to be borne by the automotive transportation enterprise based on the degree of infringement as per the claim of the victim. However, the automotive transportation enterprise is not liable for the injury if it has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties and the injury would have been occasioned notwithstanding the exercise of such reasonable care.The right to claim punitive damages in the preceding paragraph shall be extinguished since the claimant knows that there is damage and compensation for the obligor for two years; the date of the cause of compensation more than five years is the same applies.
中文原文 道路交通管理處罰條例第35-2條
汽車運輸業所屬之職業駕駛人因執行職務，駕駛汽車有違反第三十五條第一項、第三項、第四項或第五項之情形，致他人受有損害而應負賠償責任者，法院得因被害人之請求，依侵害情節，酌定損害額三倍以下之懲罰性損害賠償金令該汽車運輸業者賠償。
但選任受僱人及監督其職務之執行，已盡相當之注意而仍不免發生損害者，汽車運輸業者不負賠償責任。
前項懲罰性損害賠償金請求權，自請求權人知有損害及賠償義務人時起二年間不行使而消滅；自賠償原因發生之日起逾五年者，亦同。
但選任受僱人及監督其職務之執行，已盡相當之注意而仍不免發生損害者，汽車運輸業者不負賠償責任。
前項懲罰性損害賠償金請求權，自請求權人知有損害及賠償義務人時起二年間不行使而消滅；自賠償原因發生之日起逾五年者，亦同。