Controversy over motorcycle failure to yield to pedestrians: A Tainan man insisted that he would not be fined if he exceeded 4 meters, but the police said that the violation was only 3 meters. The Kaohsiung High Administrative Court found that the key "3-meter enforcement red line" had not been clarified, and revoked the original judgment and sent it back for review.

The motorcycle "failed to stop to give way to pedestrians" was banned. Everyone had different opinions, and the court ruled that the order should be revoked and the ruling changed. Schematic diagram. (File photo)

The difference between a motorcycle and a fine for "failed to yield to pedestrians" is a big difference! A Tainan man named Su was riding a motorcycle at an intersection two years ago. The police stopped him on the spot for failing to yield to pedestrians. He was fined NT$1,200 by the Tainan City Transportation Bureau, given three demerit points, and required to receive safety training. Su Nan refused to accept the lawsuit and insisted that the distance between him and pedestrians at the time was more than 4 meters, which met the criteria for exemption from fines; the police claimed that the simulated distance was only 3 meters. The Kaohsiung High Administrative Court believed that the key "3-meter law enforcement red line" had not been clarified and was still controversial, and ruled to revoke the original judgment and remand the case for further review.

The verdict pointed out that Su Nan was stopped by the police at around 11 a.m. on November 10, 2023, when he was riding a heavy motorcycle through an intersection in Tainan City. The Transportation Bureau subsequently issued fines in accordance with the "Road Traffic Management Punishment Regulations". However, Su Nan complained and filed an administrative lawsuit, claiming that when the motorcycle entered the pedestrian crossing, the actual distance from the pedestrians was more than 4 meters, which was far greater than the 3 meters (about 3 sleeper grains) ban standard stipulated by the Police Department. The police simply punished the motorcycle by mistake.

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However, the police officer who reported the incident refuted it in his defense report. According to the results of the on-site simulation, the distance between the two was about 3 meters to 3.4 meters, just on the red line of violation. Both sides insisted on their own opinions.

After the trial, the court pointed out that the two parties had completely different claims on the "actual distance, relative position, and traveling status", which were not clarified in the original trial, and the role of the Police Department's "principle of prohibition and determination" in this case also needs to be clarified. Before the facts were clarified, there was no way to make a judgment. Therefore, the original judgment was abandoned and remanded for a new trial, which turned this thousand-dollar fine lawsuit into a huge turn.

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