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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROMOTION OF TRANSPORTATION CONVENIENCE OF MOBILITY DISADVANTAGED PERSONS

Article 1 (Purpose) The purpose of this Ordinance is to contribute to the safe and convenient transportation of mobility disadvantaged persons of Seoul Metropolitan City, their participation in society and the promotion of their welfare by the guarantee of matters to be prescribed by Ordinance of a local government and their access to mass transportation in accordance with the provisions of the Act on the Promotion of Transportation Convenience of Mobility Disadvantaged Persons (hereinafter referred to as the "Act").

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be in accordance with the provisions of subparagraphs 1 through 8 of Article 2 of the Act.

Article 3 (Scope of Application) Except for matters specifically prescribed by Acts and subordinate statutes, this Ordinance shall apply to the promotion of transportation convenience of mobility disadvantaged persons.

Article 4 (Establishment of Committee on Promotion of Transportation Convenience of Mobility Disadvantaged Persons and Functions thereof) The Seoul Metropolitan Government shall establish the Seoul Metropolitan Committee on the Promotion of Transportation Convenience of Mobility Disadvantaged Persons (hereinafter referred to as the "Committee") to effectively support projects for the promotion of transportation convenience of mobility disadvantaged persons, and give consultation about matters referred to in the following subparagraphs:
1. Matters concerning basic direction setting and the objectives of a plan for the promotion of transportation convenience of mobility disadvantaged persons;
2. Matters concerning the establishment, operation and supervision of transportation support centers;
3. Matters concerning fares of special means of transportation;
4. Other matters concerning the promotion of transportation convenience of mobility disadvantaged persons.

Article 5 (Formation of Committee) (1) The Committee shall be comprised of not less than 15 members but not more than 30 members including the chairperson.
(2) The Second Administrative Deputy Mayor shall be the chairperson, and, if necessary, a member elected by the Committee from among its private members may be a joint chairperson. <Amended on Mar. 12, 2008>
(3) The Mayor shall appoint and commission members from among those falling under any of the following subparagraphs: Provided, That commissioned members referred to in subparagraph 3 shall not be less than one-third of all members and it shall be made a principle to recruit them openly. Matters necessary therefor shall be prescribed by Rule: <Amended on Mar. 12, 2008>
1. The Second Administrative Deputy Mayor, Director General of Urban Transportation Headquarters, Director of Welfare Bureau, and Director for Woman and Family Policy shall be ex officio members; <Amended on Dec. 26, 2007; Mar. 12, 2008>
2. One council member each from the Health and Welfare Committee and the Transportation Committee recommended by the Seoul Metropolitan Council; <Amended on Mar. 12, 2008>
3. Not less than two institutional activists recommended by each organization related to mobility disadvantaged persons, such as the disabled, the aged, women, children, etc.;
4. Experts who have profound knowledge and abundant experience in a field related to transportation.
(4) The term of office of a member shall be two years, and he/she may be reappointed or recommissioned only once. Where a vacancy occurs, a person who has qualifications referred to in paragraph (3) shall fill the vacancy, and his/her term of office shall be the remaining period of his/her predecessor: Provided, That the term of office of an ex officio member shall be his/her tenure of the relevant office.
(5) The head of a department in charge of traffic shall be the administrative secretary of the Committee. <Amended on Mar. 12, 2008>
(6) The Committee may establish and operate subcommittees.

Article 6 (Operation of Committee) (1) Meetings of the Committee shall be divided into a regular meeting and extraordinary meeting; a regular meeting shall be held quarterly, and an extraordinary meeting shall be held as occasion requires.
(2) A meeting of the Committee shall be held with attendance of a majority of the incumbent members, and its resolution shall be made with the consent of a majority of the members present at the meeting.
(3) The Committee shall prepare and administer meeting minutes.
(4) Where necessary for the conduct of business, the Committee may hear opinions of relevant experts.
(5) Other matters which occur in the operation of the Committee shall be in accordance with the customs of the operation of other committees of the Seoul Metropolitan Government.

Article 7 (Formulation of Plans for Promotion of Transportation Convenience of Mobility Disadvantaged Persons) (1) The Seoul Metropolitan City Mayor shall formulate a plan for the promotion of transportation convenience of local mobility disadvantaged persons every five years.
(2) Where the Seoul Metropolitan City Mayor formulates a plan for the promotion of transportation convenience, he/she shall include matters referred to in the following subparagraphs in addition to Article 6 (2) of the Act therein:
1. A plan for the establishment and operation of transportation support centers;
2. A plan for investigation and improvement of passenger transportation facilities of Seoul Metropolitan City;
3. A plan for provision and improvement of transportation convenience information for visually-impaired persons and hearing-impaired persons of Seoul Metropolitan City;
4. A plan for education of drivers of low-floor buses, buses, and special means of transportation;
5. Other matters the Seoul Metropolitan City Mayor deems necessary.

Article 8 (Hearing of Opinions and Public Hearings) Where the Seoul Metropolitan City Mayor intends to hear opinions of residents and the relevant experts on the important details of a plan for the promotion of transportation convenience of mobility disadvantaged persons, he/she may hold a public hearing.

Article 9 (Plan for Introduction of Low-Floor Buses) (1) The Seoul Metropolitan City Mayor shall conduct the following matters to vitalize the introduction of low-floor buses:
1. Securing of budget necessary for the introduction of low-floor buses;
2. Readjustment of bus stops and pavements for the introduction of low-floor buses;
3. Readjustment of roads for the introduction of low-floor buses;
4. Other matters the Seoul Metropolitan City Mayor deems necessary.
(2) The Seoul Metropolitan City Mayor shall replace a fixed percentage of buses replaced every year with low-floor buses.
(3) The Seoul Metropolitan City Mayor may subsidize expenses added for the introduction of low-floor buses to transport business owners.

Article 10 (Operation of Low-floor Buses) (1) The Seoul Metropolitan City Mayor shall formulate administrative measures required for the operation of low-floor buses.
(2) Where necessary for the proper operation and use of low-floor buses, the Seoul Metropolitan City Mayor shall publicize and provide education on the same.

Article 11 (Establishment of Transportation Support Centers) (1) The Seoul Metropolitan City Mayor shall establish and operate transportation support centers for provision of information on transportation of mobility disadvantaged persons and connection of service between mobility disadvantaged persons who intend to use special means of transportation and persons who drive special means of transportation through means of communication, etc.
(2) Matters concerning qualifications for the head and employees of a transportation support center shall be prescribed by Rule.
(3) A transportation support center shall be operated on a 24 hour, 365 days a year basis.
(4) Motor vehicles possessed by a transportation support center shall be in a structure convenient for wheelchair users to board and alight.
(5) The Seoul Metropolitan City Mayor shall compile and execute a budget necessary for the establishment and operation of transportation support centers.

Article 12 (Functions of Transportation Support Centers) (1) A transportation support center shall conduct the following activities:
1. Receipt of applications of persons who intend to use special means of transportation;
2. Operation of special means of transportation;
3. Deliberation of qualifications for users of special means of transportation;
4. Guidance, consultation and education on drivers of special means of transportation and other concerned persons;
5. Collection and provision of information on transportation support to mobility disadvantaged persons;
6. Other necessary matters concerning transportation support.
(2) The Mayor shall separately determine standards for operation and deliberation of qualifications under the subparagraphs of paragraph (1).

Article 13 (Operation and Entrustment of Transportation Support Centers) (1) The Mayor may entrust the Seoul Metropolitan Facilities Management Corporation, a non-profit corporation or non-profit private organization with business referred to in the following subparagraphs for the efficient management and operation of special means of transportation:
1. Management and operation of special means of transportation;
2. Operation of a transportation support center.
(2) Where the Mayor intends to entrust affairs in accordance with the provisions of paragraph (1), the provisions of Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to matters not prescribed by this Ordinance concerning entrustment: Provided, That where the Mayor entrusts the Seoul Metropolitan Facilities Management Corporation with affairs, the provisions of Article 8 and 9 of Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector need not apply mutatis mutandis to such cases. <Other Regulations Amended on Jul. 30, 2009>
(3) The Seoul Metropolitan Government shall fully subsidize the budget necessary for the operation of transportation support centers of Seoul Metropolitan City.

Article 14 (Operation of Special Means of Transportation) (1) A special means of transportation means motor vehicles to support transportation of mobility disadvantaged persons who have much inconvenience in transportation.
(2) A special means of transportation shall have the following characteristics:
1. They are operated 24 hours a day, 365 days a year;
2. Both instant application and reserved application are possible;
3. Long-term use is also possible.
(3) Matters necessary for the operation pursuant to paragraph (2) shall be prescribed by Rule.
(4) A person who intends to use a special means of transportation shall file an application with a transportation support center by phone, in writing, or by computerized communication network.
(5) A special means of transportation shall provide transportation support to a mobility disadvantaged person who is a user from his/her place of departure to his/her destination.
(6) A driver of a special means of transportation shall assist a user to board and alight.
(7) A special means of transportation shall be installed with lifting equipment, such as a wheelchair lift or wheelchair crane, wheelchair holding device, and handrail all of which enable a mobility disadvantaged person to board the means of special transportation while sitting in a wheelchair.

Article 15 (Persons Eligible to Use Special Means of Transportation) (1) The extent of persons eligible to use a special means of transportation shall be as follows:
1. A disabled person in Grade 1 or 2 in accordance with the provisions of Article 2 (1) of the Enforcement Rules of the Welfare of Disabled Persons Act;
2. A mobility disadvantaged person who does not fall under subparagraph 1 who has difficulty in the use of mass transportation service or who has difficulty in going out and moving alone;
3. A family member or guardian who accompanies a mobility disadvantaged person who falls under subparagraphs 1 or 2;
4. Other persons deemed to require a special means of transportation.
(2) Matters concerning the use of and application for a special means of transportation and concrete matters on the selection of users shall be prescribed by Rule.

Article 16 (Fares and Number of Special Means of Transportation) (1) A fare of a special means of transportation shall not exceed three times the fare of the urban railroad (distance pro rata system) in accordance with the Urban Railroad Act.
(2) The Special Metropolitan City Mayor shall determine fares of special means of transportation within the extent referred to in paragraph (1) and announce them on the Seoul Metropolitan gazette or the Internet. The same shall also apply to cases where he/she intends to change fares.
(3) The Seoul Metropolitan City Mayor shall determine the number of motor vehicles for special means of transportation in a plan for the promotion of transportation convenience of mobility disadvantaged persons of the Seoul Metropolitan Government pursuant to Article 16 (1) of the Act and subparagraphs 1 through 3 of Article 5 of the Enforcement Rules of the Act on the Promotion of Transportation Convenience of Mobility Disadvantaged Persons. <Amended on Mar. 12, 2008>

Article 17 (Securing of Budget) The Seoul Metropolitan City Mayor shall endeavor to secure finances of the business for the promotion of transportation convenience of mobility disadvantaged persons and proactively endeavor to reflect such finances in the compilation of the budget.