ARC to get a license: One year remaining or one year total?

[quote]However, there are minimum permitted residence requirements for a driver’s license – Article 50, No. 3:

While this thread really isn’t about this topic, I’d be interested to know if this question was every settled once and for all – in order to get a Taiwanese license, does a person 1) need to have 1 year or more of time still remaining on his/her ARC, or 2) need an ARC that was originally issued for a period of 1 year or more, regardless of the remaining time on the ARC?

Simple question, but big consequences.

Admittedly, I translated it there as “one year or more” for “yi nian yi shang”, but they could argue that it is OVER one year. So in point of law, I’m not sure, but there is a requirement for some period of residence. The wording of the law suggests that it is for a document with a total validity of one year (or more) as they do not specifically state “remaining validity” and I would expect them to do so if that were the case, but again they could argue it either way. Deliberate?? Or poor writing? Who knows.

Thanks, Ironlady.[quote=“ironlady”]Admittedly, I translated it there as “one year or more” for “yi nian yi shang”, but they could argue that it is OVER one year. So in point of law, I’m not sure, but there is a requirement for some period of residence. The wording of the law suggests that it is for a document with a total validity of one year (or more) as they do not specifically state “remaining validity” and I would expect them to do so if that were the case, but again they could argue it either way. Deliberate?? Or poor writing? Who knows.[/quote] :laughing:
Happy now, Seeker4? It’s as I suspected, the vagueness goes right back to the actual written law, and the cynical could argue that it’s deliberate.

Now, going from a logical perspective: the example period of validity given on the Taipei DMV website is actually one year, no more, and the “more than one year” thing appears to be a mistranslation. You’d think that they wouldn’t expect you to apply for and pass your theory and practical test straight after coming out of the FAP with your shiny new ARC. Certainly, various people have reported being able to take the test and get licenses with less than one year remaining validity on the ARC. But others, applying at different offices, have reported problems.

If someone is really having trouble getting a license when they think they’re entitled to one, they could consider doing an administrative appeal, similar to the appeals Hartzell used to do on behalf of people who wanted to get 6-year licenses.

deliberate ambiguity… a cold cut case of it IMHO… standard practice by the clowns of the legislative circus to ensure that what few rights are extended to foreigners can be “interpreted away” if needs be… :raspberry:

I can confirm that this whole “how long is a year” farce does not apply to those of us who are married to locals… I had about 3 months of valid visa time remaining when I did my scooter test and I asked is this 1 year ARC validity stunt was going to foil my good intentions… the nice enough ladies of the Taichung Bei Tun DMV confidently replied that that particular law did not apply to me as I am married to a local lass…

but since this is after all, Taiwan, YMMV… :idunno:

Have got my license in Taipei with an ARC issued for less than a year (year minus a day…) and only 10 months remaining…
(and I am not married to a local)…

Just try it. :slight_smile:

I got mine with a 1 year ARC and 4 months left. They will look at the 1st and last date only. Anything more might require thinking :slight_smile:

They can be strict about the 1 year though. 1 day you can get away with but they would not let me do it with 1 year less 2 weeks.

Gunnar and Chicken, thanks for your feedback. We need more of this kind of feedback (preferably with details of which DMV office people went to.)

The “one year remaining” requirement is not a myth. At least some officials in some DMV offices have interpreted the law this way and have refused driving test applications because the applicant didn’t have one year remaining.

But other posters such as yourselves have reported no problems with this. So in the absence of a firm policy, let’s continue to pool information.

For anyone whose test application is refused on these grounds, I’d suggest two things. Firstly, go on a different day to a different official, possibly at a different DMV office, to get a “second opinion” as it were.

Secondly, for someone who feels that their application has been refused unfairly, they could consider what is called an “administrative appeal”. I believe that for this, they’d need a written statement from the DMV stating why the application was refused.

I got my motorbike licence today with a one year ARC that expires in mid-May next year. I was just renewing an old licence that expired several years ago. The process was very simple. I just handed over my old licence, ARC, two photos and NT$200 and got the new licence in a few minutes with no questions asked. This was at the office in Zhongshan Road, Zhonghe, Taipei County.