Article 1
These Rules are determined pursuant to Article 36 of the Noise Control Act (herein referred to as
this Act).
Article 2
For the control standards in Article 3 of this Act, the highest allowable sound level shall be the
standard and decibels (dB) shall be the unit of measurement for sound levels.
Motorized vehicles as referred to in this Act means vehicles that travel on roadways under their
own power and that are not dependent on rail or electric power systems.
Article 3
Special municipality, county and city competent authorities shall select densely populated areas,
primary traffic routes, and other appropriate locations in Class 4 control zones within their jurisdictions
in accordance with the Noise Control Zone Delineation Operating Standards, for the designation of
environmental and traffic noise monitoring points and shall perform monitoring pursuant to the following
regulations:
I. Designation principles:
A. Two or more environmental and traffic noise monitoring points shall be designated within both
the Class 1 and Class 4 control zones of special municipalities; one or more environmental and
traffic noise monitoring points shall be designated within both the Class 1 and Class 4 control
zones of counties and cities.
B. Four or more environmental and traffic noise monitoring points shall be designated within both
the Class 2 and Class 3 control zones of special municipalities; two or more environmental and
traffic noise monitoring points shall be designated within both the Class 2 and Class 3 control
zones of counties and cities.
II. Designation of locations
A.
Environmental
noise
monitoring
points:
For
roadways
with
a
width
of
eight
meters
or
more, points
shall
be
located
thirty
meters
or
more
from
the
roadside;
for
roadways
with
a
width
of
six
meters
or
more,
but
eight
meters
or
less,
points
shall
be
located
fifteen
meters
or
more
from
the
roadside.
The
monitoring
height
shall
be
between
1.2
meters
and
1.5
meters
from
ground
level.
B. Transportation noise monitoring
points: For those roadways next to buildings, points shall be located one meter or more from the wall of the building. The monitoring height shall be between 1.2 meters and 1.5 meters from ground level.
C. Monitoring method: Each monitoring
point shall perform twenty-four hour continuous monitoring two or more times every quarter.
The numbers and locations of monitoring points designated pursuant to the foregoing paragraph
shall be submitted to the central competent authority for future reference, and modifications to the
numbers and locations of monitoring points designated pursuant to the foregoing paragraph shall also be
submitted to the central competent authority for future reference; monitoring data shall be reported to
the central competent authority at regular intervals.
Article 4
Special municipality, county and city competent authorities shall submit official announcements
issued pursuant to Article 8 of this Act to the competent authority for approval.
Article 5
The penalties for those who violate the standards prescribed in Article 11, Paragraph 1 of this Act,
or violate the regulations of Article 19, Paragraph 3 of this Act, or who evade, obstruct, or refuse
inspection or appraisal shall be determined by the special municipality, county, or city competent
authority of the location in which the violations occurred.
Article 6
The expressways in Article 14 of this Act shall refer to expressways specified in the Freeway and
Expressway Traffic Control Regulations, and expressways specified in the Design Directions for Urban
Roads and Accessory Works.
Other noise produced by traffic in Article 15 of this Act shall refer to the following types of traffic
noise:
I. Other provincial or county roads designated in the Highway Act apart from the expressways in the
foregoing paragraph.
II. Main and secondary roads designated in the Design Directions for Urban Roads and Accessory
Works.
III. Other traffic systems or roads designated by the central competent authority.
Article 7
The land transportation system noise improvement projects in Article 14, Paragraph 1 of this Act
and other traffic noise improvement projects in Article 15, Paragraph 1 of this Act shall include the
following items:
I. The operating or management agency
(organization) responsible for implementing improvements.
II. An explanation of the traffic
situation in road sections in which noise levels exceed land transportation system noise control standards or environmental sound
level standards (including traffic flow, vehicle composition, and operating speed), and plan, longitudinal, and cross-sectional
drawings (including the complainant's location or measurement point).
III. Noise measurement results prior
to improvement along the road section in question exceeding land transportation system noise control standards or environmental
sound level standards, analysis of causative factors, and degree of influence.
IV. Explanation of the content of
the adopted noise control measures. Design illustrations showing the locations, sizes, and functions of relevant noise control facilities
shall be included therein.
V. Assessment of the improvement
function of the adopted noise control measures.
VI. Project implementation timetable.
VII. Views of residents along the
road section in which the project will be implemented.
VIII. Feasibility assessment of
improvements.
IX. Other documents designated by
the competent authority
Special
municipality,
county
and
city
competent
authorities
shall
complete
review
and
approval
of
the
noise
improvement
projects
in
the
foregoing
paragraph
within
sixty
days
after
receipt.
If
project
content
is
deficient
or
does
not
comply
with
regulations,
the
operating
or
management
agency
(organization)
shall
be
notified
within
thirty
days
after
receipt
to
make
corrections
within
a
limited
time
period,
and
the
total
number
of
days
for
correction
may
not
exceed
sixty
days;
the
correction
period
shall
not
be
included
in
the
review
period.
If
the
operating
or
management
agency
(organization)
fails
to
complete
correction
within
the
time
period
specified
in
the
foregoing
paragraph,
the
noise
improvement
project
shall
be
considered
not
to
have
been
submitted
in
accordance
with
Article
29
of
this
Act.
Article 8
If a special municipality, county, or city competent authority judges that a noise improvement
project in the foregoing article cannot improve traffic noise within the relevant operating or management
scope, the operating or management agency (organization) shall determine a land transportation system
noise subsidy plan or other traffic noise subsidy plan in accordance with Article 14, Paragraph 1 or
Article 15, Paragraph 1 of this Act within 180 days of the date of approval, and submit said plan to the
special municipality, county, or city competent authority for approval.
Buildings within the subsidized area of a subsidy plan in the foregoing paragraph shall conform to
one of the following circumstances, and may receive only one subsidy:
I. A lawful building existing prior to the determination and promulgation of land transportation system
noise control standards on January 21, 2010 and the implementation of revised environmental
sound level standards on January 21, 2010.
II. A lawful building existing prior to the approval of a new land transportation system or other
transportation system project apart from the circumstances in the foregoing subparagraph.
A subsidy plan shall include the following items:
I. An explanation of the content of the subsidized noise control facilities, and design illustrations
showing the locations, sizes, and functions of relevant noise control facilities.
II. An assessment of the improvement function of subsidized noise control facilities.
III. Project implementation timetable.
IV. Views of residents along the road section in which the project will be implemented.
V. Other documents designated by the competent authority
Subsidy plan approval procedures, deadlines, and implementation methods shall be as prescribed in
Paragraph 2 of the foregoing article.
If the operating or management agency (organization) fails to complete correction within the time
period specified in the foregoing paragraph, the noise subsidy plan shall be considered not to have been
submitted in accordance with Article 29 of this Act.
Article 9
The aviation noise improvement projects for civil airports and civil/military airports under the
jurisdiction of civil control towers in Article 15, Paragraph 1 of this Act shall include the following items:
I. The operating or management agency (organization) responsible for implementing improvements.
II. An explanation of the situation of the noise source and its structure and location (including the
complainant's location or measurement point).
III. Noise measurement results prior to improvement (including spectrum analysis), analysis of
causative factors, and degree of influence.
IV. Explanation of the content of the adopted noise control measures. Design illustrations showing the
locations, sizes, and functions of relevant noise control facilities shall be included therein.
V. Assessment of the improvement function of the adopted noise control measures.
VI. Project implementation timetable.
VII. Feasibility assessment of improvements.
VIII. Other documents designated by the competent authority
The adopted noise control measures in Subparagraph 4 of the foregoing paragraph shall include the
following items:
I. The reduction of noise sources and sound levels
II. The reduction of airport noise
III. Adjustment operating procedures and control trial operation time periods.
IV. Dedicated environmental protection personnel.
V. The drafting, in consultation with the relevant agencies, of usage strategies for the land surrounding
airfields
VI. Other control measures that are required to be adopted
Procedures for approval of aviation noise improvement projects by special municipality, county,
and city competent authorities, deadlines, and implementation methods shall be as prescribed in Article
7, Paragraph 2.
If the operating or management agency (organization) fails to complete correction within the time
period specified in the foregoing paragraph, the noise improvement project shall be considered not to
have been submitted in accordance with Article 29 of this Act.
Article 10
If a special municipality, county, or city competent authority judges that a noise improvement
project in the foregoing article cannot improve aviation noise within the relevant operating or
management scope, the operating or management agency (organization) shall determine a aviation noise
subsidy plan for a civil airport or civil/military airport under the jurisdiction of a civil control tower in
accordance with Article 15, Paragraph 1 of this Act within 180 days of the date of approval, and submit
said plan to the special municipality, county, or city competent authority for approval.
A subsidy plan shall include the following items:
I. The provision of assistance for the installation of noise abatement facilities at schools, public
facilities and residences
II. An explanation of the content of the subsidized noise control facilities, and design illustrations
showing the locations, sizes, and functions of relevant noise control facilities.
III. An assessment of the improvement function of subsidized noise control facilities.
IV. Project implementation timetable.
V. Other documents designated by the competent authority
Subsidy plan approval procedures, deadlines, and implementation methods shall be as prescribed in
Article 7, Paragraph 2.
If the operating or management agency (organization) fails to complete correction within the time
period specified in the foregoing paragraph, the noise subsidy plan shall be considered not to have been
submitted in accordance with Article 29 of this Act.
Article 11
Aviation noise improvement projects for civil/military airports under the jurisdiction of military
control towers in Article 15, Paragraph 2 of this Act and aviation noise improvement projects for airports
used exclusively for the take off and landing of military aircraft in Article 17 of this Act, insofar as such
projects do not compromise defense, flight safety, or restrictions or prohibitions on the disclosure of
national secrets or other matters required to be kept classified pursuant to laws or legal orders, shall
include the following items:
I. The operating or management agency (organization) responsible for implementing improvements.
II. An explanation of the situation of the noise source and its structure and location (including the
complainant's location or measurement point).
III. Noise measurement results prior to improvement (including spectrum analysis), analysis of
causative factors, and degree of influence.
IV. Explanation of the content of the adopted noise control measures.
V. Assessment of the improvement function of the adopted noise control measures.
VI. Project implementation timetable.
VII. Other documents designated by the competent authority and not disclosing classified matters.
The adopted noise control measures in Subparagraph 4 of the foregoing paragraph shall include the
following items:
I.
The
reduction
of
noise
sources
and
sound
levels
II.
The
reduction
of
airport
noise
III.
Matters
for
the
provision
of
subsidies
for
the
installation
of
noise
abatement
facilities
at
schools, libraries,
medical
institutions,
public
facilities
and
residences
IV.
Adjustment
operating
procedures,
determination
of
environmentally-friendly
flight
paths.
V.
The
control
of
trial
operation
time
periods
or
training
flight
time
periods
VI.
Establishment
of
an
environmental
protection
complaint
hotline;
should
have
dedicated
environmental
protection
personnel.
VII.
Other
control
measures
that
are
required
to
be
adopted
Article 12
The
testing
conditions
for
indoor
aircraft
noise
day-night
average
sound
level
designated
in
Article
18,
Paragraph
2
of
this
Act
shall
be
as
follows.
I.
Calculation
method:
In
accordance
with
United
States
Federal
Aviation
Regulation
Part
150,
with noise
meter
set
at
"A
weighting"
during
monitoring.
II.
Testing
time
period:
The
day-night
average
sound
levels
for
aircraft
noise
twenty-four
hours
a
day
shall
be
continously
collected.
III.
Testing
instrument:
Noise
meters
must
comply
with
International
Electrotechnical
Commission
Class
1
standards,
and
must
have
a
band
range
from
20Hz
to
20kHz.
IV.
Dynamic
response:
Slow.
V.
Testing
location:
An
appropriate,
representative
location
with
doors
and
windows
sealed
that
is
one
meter
away
from
the
inside
face
of
an
outer
wall
of
the
building
shall
be
selected.
VI.
6.
Testing
height:
1.2
m
to
1.5
m
above
the
ground
or
floor.
Article 13
Starting from July 1, 2011, personnel dispatched by competent authorities at all levels pursuant to
Article 19, Paragraph 1 of this Act to enter public or private premises in order to inspect or appraise the
noise situation must have completed training administered by the central competent authority or an
organization commissioned by the central competent authority and possess qualification certificates.
Article 14
In Article 24, Paragraph 1 of this Act, "may be subject to consecutive daily fines" refers to cases in
which a violation of the requirements of Article 9, Paragraph 1 of this Act has occurred, the competent
authority has measured the sound volume as exceeding noise control standards by five decibels or more,
the sound volume still exceeds noise control standards by three decibels or more after the responsible
party has been ordered to make improvements within a limited time period, and when any one of the
following situations applies:
I. The stationary noise source consists of a factory (facility), or entertainment or business premise,
which has not adopted tangible sound absorbing (barrier) measures or vibration prevention or
isolation measures, or has not adjusted the location of the noise source when the source has a
variable location.
II. A facility announced in Article 9, Paragraph 1, Subparagraph 6 of this Act, which has not adopted
tangible sound absorbing (barrier) measures or vibration prevention or isolation measures, or has
not adjusted the location of the noise source when the source has a variable location.
Article 15
Those ordered by a special municipality, county, or city competent authority to suspend work,
suspend business or suspend use, or voluntarily reporting the suspension of work, suspension of business
or suspension of use following an order by a special municipality, county, or city competent authority to
make improvements, shall, prior to the resumption of use or the resumption of work, submit an
improvement completion report and relevant documents and information to the responsible special
municipality, county, or city competent authority in order to apply for the resumption of work.
For the application in the foregoing paragraph, the special municipality, county and city competent
authorities may only approve the resumption of use or the resumption of work after checking
demonstrates compliance.
Article 16
The improvement completion reports designated in the three foregoing articles shall record the
following items.
I. An explanation of the situation of the noise source and its structure and location (including the
complainant's location or measurement point).
II. Noise measurement results prior to improvement, analysis of causative factors, and degree of
influence.
III. Explanation of the content of the adopted noise control measures. Design illustrations showing the
locations, sizes, and functions of relevant noise control facilities shall be included therein.
IV. Improvement effectiveness of the adopted noise control measures.
V. Photographs and information for noise control facilities after the completion of installation
VI. Other documents designated by the competent authority
Article 17
These Rules shall take effect from the date of promulgation.
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