The main contributions of this study are summarized as follows:
(1) In Taiwan, there are some studies explored ALLR by the criminal law professionals based on the viewpoint of law legislation. However, there is very few study probes into ALLR on the aspect of traffic safety. This study is the first article to explore ALLR policy both on law legislation and empirical analysis.
(2) There are many previous studies focus on the effectiveness of license S/R as well as such offenders’ driving exposure while under license S/R. However, most previous studies are based on a short-term S/R, there is very few developed country adopted long-term S/R, thus, it lacks of literatures base on a long-term S/R, especially lacks of study base on lifetime license revocation.
(3) This study reminds traffic authorities while making a rigorous punishment to deter a traffic violation must consider both benefits which loss from offenders and gain by the others and make it balance. Especially the human’s basic rights that guaranteed by the Constitution must be taken into account.
(4) License S/R was implemented approximately all over the world, whereas, there are very few countries adopted ALLR. The ALLR experience in Taiwan can be provided to the other countries while considering implementing a very long-time license S/R.
Based on this study, we therefore have made some conclusions as followings:
(1) Driving is a necessity of living for most people in a modern society. Many economic and social activities including working, traveling, shopping and other daily needs highly rely on vehicles. ALLR may decrease the ability of working, diminish the freedom of moving and reduce the power of surviving. Thus, ALLR may not only infringe the right of moving freedom which protected by the Constitution of the Republic of China, but also impact the right to work. Furthermore, in the case of offenders who are professional drivers, losing
driver licenses represent they have to give up their jobs. Finally, ALLR may impact their normal life and decrease their ability of surviving. Therefore, lifetime revocation of a driver’s license, with no chance of rehabilitation, may be regarded as infringing on the human rights of offenders.
(2) In the face of the serious traffic violation problems, a common deterrent has been to increase the penalties for offenders. This study has provided a different view, to remind concerned authorities to balance the effectiveness of such deterrents with potential problems that may ensue. Rigorous punishment may lessen traffic violations, but cannot remove the need of offenders to drive. However, if there is no effective means of enforcement or persuasive motivation, offenders may ignore the suspension because of their day-to-day needs.
(3) Overall, the percentage of ALLR offenders who continued to drive was higher than in previous findings, which were based on relatively short-term license S/R. This may reveal the facts that some short-term license suspension/revocation (S/R) offenders may be willing to follow a no-driving restriction to avoid being caught by the police during their license suspension period, in order to protect their future driving privileges. However, a long-term license S/R offender may have little motivation to adhere to such rules, especially when, in the case of ALLR presently in effect in Taiwan, there is no chance for rehabilitation. ALLR offenders therefore have less incentive to stay off the road. Hence, the percentage of ALLR offenders who continue to drive is higher than those with short-term license S/R. This study has provided a different view, to remind concerned authorities to balance the effectiveness of a very rigorous deterrent with potential problems that may ensue.
(4) Compliance with rigorous punishment may be correlated with offenders’ social or economic conditions. Aggressive offenders were more likely to ignore ALLR than
conservative offenders. In cases where the fine for driving a vehicle under ALLR is simply a fixed amount, rich offenders may feel justified in disregarding an ALLR sentence, while the poorer individuals are forced to comply. This would seem to introduce one more societal inequity.
(5) Presently, the transportation authority has been requested by the Taiwan Constitutional Court to seriously reconsider whether ALLR offenders should be allowed to re-enter the licensing system if they can demonstrate their ability and willingness to follow the regulations of the road and society. The transportation authority has also undertaken the process of revising the licensing system according to the request of the constitutional court. It is our belief that the ALLR policy will be largely modified in the near future.
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Appendix: Questionnaires
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Vita
Chien-Ming Tseng was born in Hsinchu, Taiwan, on May 10, 1958. After graduation from Hsinchu Senior High School, he entered National Cheng Kung University, Tainan, and received his Bachelor degree in Transportation management in June of 1980. He entered the graduate school of Asia Institute of Technology in September of 1989 and got his Master degree in April of 1990. After a period of working, he studied in the Ph.D. program of
Transportation Technology and Management of National Chiao Tung University in 1998. His major interests are Transportation safety, Transport policy evaluation, Safety engineering and management, and Car accident reconstruction. He received his Ph.D. degree in May of 2006.
Address: 13F-1, 80, Chi-San Rd., Tai-Chung City, Taiwan, R.O.C.
E-mail: tsengcm168@yahoo.com.tw
簡歷
中 文 姓 名：曾建民
英 文 姓 名：Chien-Ming Tseng 籍 貫：台灣省新竹縣 出 生 日 期：民國47年5月10日
聯 絡 地 址：台中市西屯區至善路80號13樓之1 聯 絡 電 話：0928-900190
電 子 郵 件：tsengcm168@yahoo.com.tw 學 歷：
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