| 摘要: | 駕駛執照取得，依據道路交通安全規則第50條，屬於行政法學上之許可，許可之法律性質，若依釋字第689、535號解釋，駕駛汽車乃人民於道路上自由來去之自由，亦可認為屬於一般行為自由。而受憲法第22條之保障之一般行為自由，並非完全不受限制，立法者依據第23條規定，於合乎比例原則之條件下，仍得加以限制 。
駕駛執照核發許可與否，在於檢驗駕駛人是否具備駕駛能力，而駕駛能力即對車輛之控制能力，包括駕駛原理及操作方法之主客觀能力，如視力、身體健康狀況等;另一為對行車安全規則之認知。人民若欠缺駕駛能力，國家應不得核發，駕照管理制度其為管理駕駛人是否符合政府之規範，駕駛人雖考取駕駛執照後，經時日久其身體會變化，法規會更新，其反應隨年齡會退化，或者其駕駛道德觀念太差，違規太多，此駕駛人是否繼續符合在道路上駕車?是否會對公共安全造成危險?因此有了定期換照制度產生。
本文討論我國102年新修法之普通駕照免定期換照政策、持外國駕照或國際駕照之駕駛人在我國駕車問題、駕照吊銷之問題及相關判決、我國道路交通管理處罰條例及道路交通安全規則其大量授權，大部分以「本法施行細則由×××定之」或「×××辦法由×××定之」之完全「空白授權」方式，其授權未具體明確，且逾越授權範圍，違反法律保留之精神之問題；由於大陸道路交通法參考世界各國之駕照制度，於2003年新制定，為較新之道路交通法，本文比較我國與大陸之駕照管理制度之法律位階、考驗制度、駕照換照制度、審驗制度、法律責任中之記點制度、吊銷駕照制度。希望能透過兩岸駕照管理制度之比較，可作為我國道路交通法未來修法之參考。
The driver's license is issued in pursuant to provision 50 of the Highway Traffic Safety Regulation. Its nature is the equivalent to a permission according to the administrative law. According to the legal interpretation of No. 689 and 535, a citizen has the freedom to drive a motor vehicle, such freedom is likened to the general behavior freedom protected by Article 22 of the Constitution. However, such freedom is not without restrictions. According to Article 23, such freedom is subject to certain restrictions under certain conditions.
The issuance of a driver's license depends on the capability of an individual to drive. The driving capability involves a driver's capability to control a motor vehicle, including his/her understanding of theory of operation, operating skills, and other capabilities such as good eyesight, physical conditions, as well as the understanding of traffic safety rules. The government must not issue driver's licenses to those individuals who do not have driving capability. The driver's license management system is the regulation through which the government regulates the behavior of drivers. After a driver passed the examinations required to get a license, his/her physical conditions may change, and traffic rules may be updated.Over time,the reflex of a driver may degrade. Sometimes a driver who lacks the driver's code of conduct may have too many traffic violations. Is it still safe for this driver to drive? Will he/she become a threat to public safety? These concerns prompt the enactment of the periodic driver's license renewal regulation.
This article examines the periodic driver's license renewal regulation which went into effect in 2013. The article also examines the following issues: drivers who drive in this country with the driver's license of a foreign country or an internationl driver's license; issues concerning suspension of the driver's license and related court judgements. Most of the punishment or penalty clauses of this nation's traffic regulations are filled with "arbitrary authorization" such as "the detailed implementation rules are determined by [xxx agency]" or "This regulation is under the jurisdiction of [xxx agency]". Because such authorization is vague or beyond the scope which is authorizable, such authorization is against the spirit of the law. The regulation governing the issuance of driver's license in China was enacted in 2003. It was based on similar regulations in many foreign countries, and was considered relatively more updated.This article compares this nation's driver's license management system with that of China in the following aspects: their relative position in the legal hierarchy, the driver license examination systems, renewal systems, certification systems, the point calculating system, and driver's license suspension systems. The study is conducted to provide a viable path and reference for this country to upgrade its traffic laws in the future. |
