{{ $t('FEZ002') }} Personnel Office|
To inform about whether police officers holding a commercial driver's license (hereinafter referred to as commercial driver's license) and a taxi driver's business registration certificate violate Article 14 of the Civil Service Act (hereinafter referred to as the Act).
Explanation:
1. In accordance with the letter from the Department of Personnel, Taoyuan City Government, forwarded by the Ministry of Personnel on May 10, 110,
No. 1105351736, and attached is one copy of the original letter.
2. The relevant laws and interpretations involved in this case are as follows:
(1) Article 14, Paragraph 1 of the Act stipulates that civil servants, except as otherwise provided by law,
shall not concurrently hold other public offices or engage in other businesses; Article 22 stipulates that civil servants who
violate this Act shall be disciplined according to the severity of the circumstances.
(2) The Ministry of Personnel's letter No. 1084860352 dated October 2, 108, states that
drivers who drive commercial vehicles for business or engage in driving vehicles as a profession
are all professional drivers and must hold a commercial driver's license to do so. Furthermore, the commercial
driver's license must be reviewed regularly by the competent authority and is considered a "business" as referred to in Article 14, Paragraph 1 of the Act.
Therefore, except as otherwise provided by law, civil servants shall not concurrently engage in
it.
(3) The Ministry of Personnel's letter No. 1084876512 dated November 25, 108, states that
the term "business" as referred to in Article 14, Paragraph 1 of the Act includes licensed professions such as physicians, lawyers,
and accountants, as well as other affairs that involve repeatedly engaging in the same type of behavior.
之事務。
(4) Relevant provisions of the Regulations Governing the Business Registration of Taxi Drivers (hereinafter referred to as the Regulations) state that drivers who engage in taxi driving as a profession
must first participate in an examination and pre-service training. Within 6 months of obtaining a passing score, they must submit the
score report and proof of business operation to the police bureau of the municipality or county (city) where they intend to operate to complete the business registration, and then be issued a business registration certificate and its duplicate;
when a taxi driver ceases to operate, they must return the business registration certificate and its
duplicate.
證;計程車駕駛人停止執業時,應繳回執業登記證及其
副證。
3. In accordance with the aforementioned provisions and interpretations, taxi driving is a business as referred to in Article 14, Paragraph 1 of the Act,
and requires proof of business operation to be issued a business registration certificate and its duplicate. Therefore, unless otherwise provided by law, civil servants shall not hold a taxi driver's business registration certificate. Furthermore, if a civil servant holding a taxi driver's business registration certificate violates Article 14, Paragraph 1 of the Act, the responsible authority shall, in accordance with Article 22 of the Act, impose disciplinary action according to the severity of the circumstances. The individual shall also handle the suspension of business and return of the business registration certificate in accordance with the Regulations; as for a civil servant who simply holds a commercial driver's license and does not engage in the business of a professional driver as stipulated in the Ministry of Personnel's letter dated October 2, 108, since it does not fall within the scope of "licensed professions" as defined in the Ministry of Personnel's letter dated November 25, 108, there is no question of violating Article 14, Paragraph 1 of the Act.
副證,是公務員除法令另有規定外,不得領有計程車駕駛
人執業登記證。又公務員領有計程車駕駛人執業登記證倘
涉有違反服務法第14條第1項規定者,權責機關應依同法第
22條規定,視情節輕重予以懲處,該員亦應依管理辦法辦
理停止執業並繳回執業登記證相關作業;至公務員單純持
有職業駕照,且無銓敘部108年10月2日函規定兼任職業駕
駛人之情事,因非屬銓敘部108年11月25日函所稱之「領證
職業」範圍,當不生有無違反服務法第14條第1項規定疑
義。
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{{ $t('FEZ005') }} 1185|