Motor Truck Transportation Business Act
Chapter I General Provisions
Chapter II Motor Truck Transportation Business
Chapter III Promotion of Rationalization of Motor Truck Transportation Business by Private Bodies, etc.
Chapter IV Designated Testing Agency
Chapter V Miscellaneous Provisions
Chapter VI Penal Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to ensure the safety of transportation and the sound development of the motor truck transportation business through ensuring the fair and reasonable management of the motor truck transportation business and promoting voluntary activities of private bodies such as to comply with this Act related to the motor truck transportation business and measures based on this Act, thereby contributing to improvement of public welfare.
(Definitions)
Article 2 (1) The term "motor truck transportation business" in this Act means general motor truck transportation business, special motor truck transportation business and light motor truck transportation business.
(2) The term "general motor truck transportation business" in this Act means the business of transporting freight for value by vehicles (excluding small-size vehicles with three wheels or more and motorcycles, hereinafter the same shall apply in the following paragraph and paragraph (7)) other than special motor truck transportation business upon demands by other persons.
(3) The term "special motor truck transportation business" in this Act means the business of transporting freight for value by vehicles upon demands by specified persons.
(4) The term "light motor truck transportation business" in this Act means the business of transporting freight for value by vehicles (limited to small-size vehicles with three wheels or more and motorcycles) upon demands by other persons.
(5) The term "vehicles" in this Act means the vehicles listed in paragraph (2) of Article 2 in the Road Transport Vehicle Act (Act No. 185 of 1951).
(6) The term "special loading motor truck transportation of LTL" in this Act means, among general motor truck transportation businesses, the business in which collected freight is assorted at offices and other worksites (hereinafter referred to simply as "worksite" in this paragraph, paragraph (2) of Article 4 and item (iv) of Article 6), is loaded and transported to others' worksites, and assorted at the said worksites to be prepared for delivery, while the said loading and transportation are periodically conducted between those worksites.
(7) The term "consigned motor truck transportation" in this Act means the transportation of freight which those who manage the general motor truck transportation business or special motor truck transportation business consign transportation of the freight to other persons who manage the general motor truck transportation business or special motor truck transportation business (limited to one pertaining to transportation of freight by vehicles).
Chapter II Motor Truck Transportation Business
(Permission for General Motor Truck Transportation Business)
Article 3 Those who wish to manage the general motor truck transportation business must obtain a permission of the Minister of Land, Infrastructure, Transport and Tourism.
(Application for Permission)
Article 4 (1) Those who wish to obtain the permission in the preceding Article shall submit an application form that states the following matters to the Minister of Land, Infrastructure, Transport and Tourism.
(i) Name and location, and if a juridical person the name of its representative; and
(ii) Name and location of the business office, and a business plan with the outline of the vehicles to be employed for the business (hereinafter referred to as "service vehicles"), whether to conduct special loading motor truck transportation of LTL or not, whether to conduct consigned motor truck transportation or not and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) Those who apply for the permission in the preceding Article and who fall under any of the following items shall also enter the matters listed in the items herein in its business plan in addition to the matters listed in the item (ii) of the preceding paragraph.
(i) For special loading motor truck transportation of LTL: Locations of worksites pertaining to the special loading motor truck transportation of LTL, outline of the loading/unloading facilities in the said worksites, business system of the business vehicles, number of operations and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(ii) For consigned motor truck transportation: Scope of service and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(3) The application form in paragraph (1) shall attach the documents that state the business management system of the business vehicles and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Grounds for Refusal)
Article 5 Any person who falls under any of the following items shall not be granted the permission given in Article 3.
(i) Those who were sentenced to imprisonment with work or without work for one year or more, and two years have not elapsed since completion or discontinuation of the execution;
(ii) Those whose permission for general motor truck transportation business or special motor truck transportation business have been rescinded and two years have not elapsed since the said rescission date (in the event of a juridical person, this includes those who was an officer in the said juridical person (including those with the equivalent or superior authority or control regardless of the name with the same applying in item (iv)) within sixty days before the date of receipt of the notice for a hearing pertaining to the said rescission (the date of receipt of the notice prescribed in paragraph (1) of Article 15 of the Administrative Procedures Act (Act No. 88 of 1993) (including the date which shall be deemed to be the date of the said receipt as provided in paragraph (3) in the said Article)) and two years have not elapsed since the said rescission date);
(iii) A minor or an adult ward who does not have the capabilities for conducts of an adult concerning the business whose statutory representative falls under either of the preceding two items; or
(iv) A juridical person any of whose officers falls under any of the preceding three items:
(Criteria for Permission)
Article 6 The Minister of Land, Infrastructure, Transport and Tourism shall not grant the permission given in Article 3 unless the Minister finds the application to the permission provided in the said Article satisfying the following criteria.
(i) The business plan is appropriate for ensuring the safety of transportation such as the prevention of over-strained driving and others;
(ii) In addition to what is listed in the preceding item, the business plan is appropriate for execution of its business;
(iii) The applicants have the competency to appropriately execute the business; and
(iv) Pertaining to the special loading motor truck transportation of LTL, the applicants have an appropriate plan to maintain and manage the loading/unloading facilities at worksites, manage operations of the drivers of the business vehicles and have an appropriate plan for the prevention of other accidents such as loss of the said freight and other matters specially required for safe and secure execution of the said special loading motor truck transportation of LTL.
(Emergency Adjustment Measures)
Article 7 (1) When the supplied transportation capacity of general motor truck transportation business (hereinafter in this Article referred to as the "supply transportation capacity") is considerably excessive against the transportation demand in a specified area and further addition to the said supply transportation capacity would cause the situation in which continuation of whole or part of the business concerning a significant part of the freight transportation that departs from or arrive at the said specified area by the person who has been granted the permission given in Article 3 (hereinafter referred to as "general motor truck transportation business operator") is found to be difficult, the Minister of Land, Infrastructure, Transport and Tourism may designate the said specified area as an emergency adjustment area for a specified period.
(2) When the supplied transportation capacity (limited to that pertaining to the special loading motor truck transportation of LTL) is considerably excessive against the transportation demand between specified sections and further addition to the said supply transportation capacity would cause the situation in which continuation of a significant part of the business conducted by the general motor truck transportation business operator who specializes mostly in special loading motor truck transportation of LTL between the specified sections is found to be difficult and execution of appropriate special loading motor truck transportation of LTL between the said specified sections is found to be considerably difficult, the Minister of Land, Infrastructure, Transport and Tourism may designate the said specified sections as an emergency adjustment section for a specified period.
(3) Designations in accordance with the provisions in preceding two paragraphs shall be made by the public notice.
(4) In the event of granting a permission given in Article 3 when there exists a designation of said emergency adjustment area in accordance with the provision in paragraph (1), if the Minister of Land, Infrastructure, Transport and Tourism is to grant a permission, the same shall limit the scope of the business pertaining to the said permission to the transportation of freight that would not depart from or arrive at the said emergency adjustment area.
(5) In the event that there exists an emergency adjustment section designation in accordance with the provision in paragraph (2) and whole or part of the special loading motor truck transportation of LTL pertaining to the application for the permission in Article 3 is to be conducted in the said emergency adjustment section, the Minister of Land, Infrastructure, Transport and Tourism shall not grant the said permission.
(6) In the event that there exists a designation of said emergency adjustment area in accordance with the provisions in paragraph (1) or an emergency adjustment section designation in accordance with the provision in paragraph (2), the general motor truck transportation business operator may not change the business plan prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism as to increase the supplied transportation capacity in the said specified area or the supplied transportation capacity pertaining to the special loading motor truck transportation of LTL in the said specified section.
(Business Plan)
Article 8 (1) The general motor truck transportation business operator shall comply with the business plan upon execution of its business.
(2) When it is found that a general motor truck transportation business operator is violating the provision in the preceding paragraph, the Ministry of Land, Infrastructure, Transport and Tourism may order the said general motor truck transportation business operator to comply with the business plan upon execution of its business.
Article 9 (1) The general motor truck transportation business operator must obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism upon change of the business plan (excluding the provision in accordance with paragraph (3)).
(2) The provision of Article 6 shall apply mutatis mutandis to the approval given set forth in the preceding paragraph.
(3) Upon change of the business plan prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism related to service vehicles, the general motor truck transportation business operator shall notify the said change in advance and that of minor matters of the business plan without delay to the Minister of Land, Infrastructure, Transport and Tourism.
(Transportation Contract)
Article 10 (1) The general motor truck transportation business operator shall provide the transportation contract and obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of change of the same.
(2) Upon granting an approval set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall conduct the same in the criteria listed in the following.
(i) There is no risk of damaging the legitimate interests of the freight owner; and
(ii) At least matters such as collection and accept of the fare and charge and the responsibilities of the general motor truck transportation business operator are clearly prescribed.
(3) When the Minister of Land, Infrastructure, Transport and Tourism provides and publicly notifies the standard transportation contract (including the cases when the Minister notifies by changing the said contract), in the event that the general motor truck transportation business operator has provided the transportation contract which is identical to the standard transportation contract, or changed the already established transportation contract to the standard transportation contract, the said transportation contract shall be deemed to have been granted the approval in accordance with the provision in paragraph (1).
(Display of Fares and Prices, etc.)
Article 11 The general motor truck transportation business operator shall display the fares and charges (limited to those targeted for individuals (excluding cases in which the said operator is the party of transportation contract as his/her business or for his/her business)), transportation agreement and other matters prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism at its principal office and other offices in easily visible way to the public.
Article 12 Deletion
Article 13 Deletion
Article 14 Deletion
(Improvement of Safety of Transportation)
Article 15 The general motor truck transportation business operator shall be aware that ensuring of the safety of transportation is the most important issue and continuously endeavor to improve the safety of transportation.
(Safety Management Rule, etc.)
Article 16 (1) The general motor truck transportation business operator (excluding those whose scale of business is under the scale prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, hereinafter the same shall apply in this Article) shall provide the Safety Management Rule and notify the same to the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of revision of the said Rule.
(2) The Safety Management Rule shall give the provisions related to the following matters with which the general motor truck transportation business operator shall comply to ensure the safety of transportation that are required pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(i) Matters related to the business management policies to ensure the safety of transportation;
(ii) Matters related to the execution of the business activities to ensure the safety of transportation and the management system;
(iii) Matters related to the execution of the business activities to ensure the safety of transportation and the management method; and
(iv) Matters related to appointment of the General Manager of Safety (the person whom the general motor truck transportation business operator assign from those who are in the managerial position, participates in important decision making for the business management and has a certain experience in the general motor truck transportation business operations and other requirements prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, with the same applying hereinafter) to conduct comprehensive management of the business activities related to the matters listed in the preceding three items.
(3) When it is found that the Safety Management Rule does not conform with the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism may order the said general motor truck transportation business operator to change the said Rule.
(4) The general motor truck transportation business operator shall assign a General Manager of Safety.
(5) Upon assignment or dismissal of the General Manager of Safety, general motor truck transportation business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism without delay pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(6) The general motor truck transportation business operator shall respect the opinions of the General Manager of Safety within its responsibilities related to ensuring of the safety of transportation.
(7) When it is found that a General Manager of Safety has neglected its duty and that the continuance of the said General Manager of Safety in the said position would cause considerable obstruction in ensuring the safety of transportation, the Minister of Land, Infrastructure, Transport and Tourism may order the general motor truck operator to dismiss the said General Manager of Safety.
(Safety of Transportation)
Article 17 (1) The general motor truck transportation business operator shall retain the number of service vehicles and the number of drivers and other employees required in accordance with the conditions of loading, unloading and other work, etc. associated with driving of service vehicles, prepare facilities where drivers of the service vehicles can utilize for rest or sleep, define appropriate working hours and driving hours of the drivers of the service vehicles and other necessary measures to prevent over-strained driving of the drivers of the service vehicles.
(2) The general motor truck transportation business operator shall not accept transportation of the load in excess to the maximum load of the business vehicles (hereinafter referred to as "transportation of excessive load"), prepare the operation plan for the business vehicles with the presumption of transportation of excessive load nor instruct transportation of excessive load to the drivers of the business vehicles and other employees.
(3) In addition to what is provided for in the preceding two paragraphs, the general motor truck transportation business operator shall comply with the matters prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism in order to ensure the safety of transportation.
(4) Drivers of the business vehicles and employees who are engaged in assisting the drivers shall comply with the matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism to ensure the safety of transportation.
(Operation Manager)
Article 18 (1) The general motor truck transportation business operator shall appoint an Operation Manager assigned from those to whom Operation Manager Qualification Certification is granted pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism to conduct business activities related to ensuring of the safety of transportation by service vehicles.
(2) The scope of the responsibilities of the Operation Manager set forth in the preceding paragraph shall be prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(3) Upon assignment of an Operation Manager in accordance with the provision in paragraph (1), the general motor truck transportation business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism without delay. The same shall apply to the event of its dismissal.
(Qualification Certificate for Operation Manager)
Article 19 (1) The Minister of Land, Infrastructure, Transport and Tourism shall deliver the Qualification Certificate for Operation Manager to the person who falls under any of the following items.
(i) Those who have passed the Operation Manager examination; and
(ii) Those who have a specified degree of actual work experience and other requirements prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism for ensuring of the safety of operations of business vehicles.
(2) Notwithstanding the provision set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism may refuse to grant the Operation Manager Qualification Certificate to any person who falls under any of the following items.
(i) Those who had been ordered to return the Operation Manager Qualification Certificate in accordance with the provision in the following Article and two years have not elapsed since the date of the said order; and
(ii) Those who had violated this Act, orders based on this Act or dispositions based on those, had been sentenced to a fine or severer punishment pursuant to the provision of this Act and two years have not elapsed since the date of the completion or discontinuation of the said execution.
(3) Procedural matters related to granting of the Operation Manager Qualification Certificate shall be prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Return of Operation Manager Qualification Certificate)
Article 20 In the event that those to whom the Operation Manager Qualification Certificate had been granted have violated this Act or orders based on this Act or dispositions based on these, the Minister of Land, Infrastructure, Transport and Tourism may order the return of the said Operation Manager Qualification Certificate.
(Operation Manager Examination)
Article 21 (1) The Minister of Land, Infrastructure, Transport and Tourism shall conduct the Operation Manager examination to test the knowledge and competency required in the duty as the Operation Manager.
(2) Those who do not have the experience of actual duties prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism may not take the Operation Manager examination.
(3) The examination subjects, application procedure and other details of the Operation Manager examination shall be prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Duties of Operation Manager, etc)
Article 22 (1) The Operation Manager shall execute his/her duties sincerely.
(2) The general motor truck transportation business operator shall grant to the Operation Manager the authority required for execution of the duties prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism given in paragraph (2) of Article 18.
(3) The general motor truck transportation business operator shall comply with the advice given by the Operation Manager as his/her duty, and the drivers of business vehicles and other employees shall comply with the instructions of the Operation Manager given as his/her duty.
(Prohibited Conducts that Would Obstruct Ensuring Safety of Transportation)
Article 22-2 Upon conducting consigned motor truck transportation, the general motor truck transportation business operator shall not obstruct the act of ensuring the safety of transportation which the general motor truck transportation business operator or those to whom the permission in paragraph (1) of Article 35 (hereinafter referred to as "special motor truck transportation business operator") is granted who perform the said consigned transportation to comply with the provisions of Article 15, paragraph (1), (4) or (6) of Article 16, paragraphs (1) to (3) of Article 17, paragraph (1) of Article 18 or paragraph (2) or (3) of the preceding Article or the Safety Management Rule.
(Order to Ensure Safety of Transportation)
Article 23 When it is found that the safety of transportation is not ensured due to that a general motor truck transportation business operator fails to comply with the provisions of paragraph (1), (4) or (6) of Article 16, paragraphs (1) to (3) of Article 17, paragraph (1) of Article 18, paragraph (2) or (3) of Article 22 or the preceding Article or the Safety Management Rule, the Minister of Land, Infrastructure, Transport and Tourism may order the said general motor truck transportation business operator to secure the necessary number of drivers, improve the operation plan of business vehicles, grant necessary authority to the Operation Manager, suspend a conduct that obstructs ensuring of the safety of transportation for general motor truck transportation business operator or special motor truck transportation business operator who conducts the consigned motor truck transportation, comply with the said Safety Management Rule and take other measures necessary to correct the said noncompliance.
(Notification of Accident)
Article 24 In the event that a business automobile has overturned, caught a fire or caused serious accidents prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, the general motor truck transportation business operator shall notify to the Minister of Land, Infrastructure, Transport and Tourism the type of the accident, cause and other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism without delay.
(Announcement of Information Related to Safety of Transportation by the Minister of Land, Infrastructure, Transport and Tourism)
Article 24-2 The Minister of Land, Infrastructure, Transport and Tourism shall compile the matters pertaining to the orders in accordance with the provisions in Article 23, matters pertaining to the notification prescribed in the preceding Article and other information pertaining to the safety of transportation prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism in each fiscal year and make public the same to the public.
(Announcement of Information Pertaining to Safety in Transportation by General Motor Truck Transportation Business Operator)
Article 24-3 The general motor truck transportation business operator shall make public to the public the information related to the measures taken or are to be taken to ensure the safety of transportation and other information pertaining to the safety of transportation prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism pursuant to the provision of the same.
(Prohibited Conducts, etc. that Would Obstruct the Public Interests)
Article 25 (1) The general motor truck transportation business operator shall not demand that the freight owner accept unjust transportation conditions or make other conducts that would obstruct the public interest.
(2) The general motor truck transportation business operator shall not be engaged in the competition that would obstruct sound development of general motor truck transportation business.
(3) The general motor truck transportation business operator shall not take discriminating conduct to certain freight owners.
(4) In the event of conduct in violation of the provisions in the preceding three paragraphs, the Minister of Land, Infrastructure, Transport and Tourism may order the general motor truck transportation business operator to suspend or change the said conduct.
(Business Improvement Order)
Article 26 When it is found necessary to ensure fair and reasonable management of the general motor truck transportation business, the Minister of Land, Infrastructure, Transport and Tourism may order the following matters to the general motor truck transportation business operator.
(i) To change the business plan;
(ii) To change the transportation contract;
(iii) To take improvement measures for the vehicles and other transportation facilities;
(iv) To purchase an insurance policy to guarantee the money necessary to compensate for the damage that may occur to the freight transportation;
(v) When it is found that the fares or charges are in fact obstructing the convenience of the users and other public interests, to change the said fares or charges;
(vi) In addition to what is listed in the preceding items, when it is found that the freight owner's convenience is obstructed or that appropriate business operations are considerably obstructed, to take measures necessary to improve the business management.
(Prohibition of Use of the Name, etc.)
Article 27 (1) The general motor truck transportation business operator shall not allow other persons to utilize its name for general motor truck transportation business or special motor truck transportation business.
(2) The general motor truck transportation business operator shall not allow other persons to manage the general motor truck transportation business or special motor truck transportation business under its title by lending of the business or by any other methods.
Article 28 Deletion
(Consignment or Assignment of Management of Business Related to Safety of Transportation)
Article 29 (1) Consignment or assignment of the management of operations of service vehicles and other management of business pertaining to the safety of transportation by the general motor truck transportation business operator prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism must obtain a permission of the Minister of Land, Infrastructure, Transport and Tourism.
(2) The Minister of Land, Infrastructure, Transport and Tourism shall grant the permission in the preceding paragraph except when it is found that the assignee is not suitable for management of the said business.
(Transfer, etc. of Business)
Article 30 (1) Transfer of the general motor truck transportation business shall not become effective without the approval of the Minister of Land, Infrastructure, Transport and Tourism.
(2) Merger and split of a juridical person that is a general motor truck transportation business operator shall not become effective without the approval of the Minister of Land, Infrastructure, Transport and Tourism; provided, however, that this shall not apply to the case of merger between a juridical person that is a general motor truck transportation business operator and a juridical person that does not manage the general motor truck transportation business when the juridical person that is a general motor truck transportation business operator is to continue, or the case of a split of a juridical person that is a general motor truck transportation business operator when the general motor truck transportation business is not to be succeeded.
(3) The provisions of Article 5 and Article 6 shall apply mutatis mutandis to the approval in the preceding two paragraphs.
(4) The person to whom the general motor truck transportation business has been transferred with the approval given in paragraph (1) or the juridical person that continues or the juridical person that is established after the merger when a general motor truck transportation business has merged or split or the juridical person that has succeeded to the general motor truck transportation business after split with the approval given in paragraph (2) shall also succeed to the rights and obligations based on the permission given in Article 3.
(Inheritance)
Article 31 (1) Upon death of a general motor truck transportation business operator, in the event that the inheritor (if there are two or more inheritors, the one who has been decided to succeed to the said general motor truck transportation business upon consultation; the same shall apply hereinafter) wishes to continue to manage the general motor truck transportation business which the decedent had manage, the inheritor shall obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism within sixty days after the death of the decedent.
(2) Upon application for the approval set forth in the preceding paragraph, the permission for the general motor truck transportation business which had been granted to the decedent shall be deemed to have been granted the inheritor from the date of the death of the decedent until the receipt of the notice of approval or refusal to approval.
(3) The provisions of Article 5 and Article 6 shall apply mutatis mutandis to the approval given in paragraph (1).
(4) The person who has been granted the approval given in paragraph (1) shall succeed to the rights and obligations based on the permission given in Article 3 pertaining to the decedent.
(Suspension or Abolition of Business)
Article 32 Upon suspension or abolition of the business, the general motor truck transportation business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said date.
(Rescission of Permission, etc.)
Article 33 In the event that a general motor truck transportation business operator falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may order suspension of the usage of the service vehicles and other transportation facilities or suspension of whole or part of the said business for a specified period not longer than six months or rescind the permission given in Article 3.
(i) Violation of this Act or orders based on this Act or dispositions based on those or violation of the provisions in Article 83 or Article 95 or dispositions, permissions or conditions attached to the approvals in accordance with the provisions in paragraph (1) of Article 84 in the Road Transportation Act (Act No. 183 of 1951);
(ii) When he/she falls under any of the items of Article 5.
Article 34 (1) Upon ordering suspension of usage of service vehicles or suspension of the business in accordance with the provisions in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism may order return of the automobile inspection certificates of the said service vehicles as prescribed in the Road Transport Vehicle Act to the Minister of Land, Infrastructure, Transport and Tourism or after removing the automobile registration number certificates and its seals of the said service vehicles as prescribed in the same Act and have the Minister of Land, Infrastructure, Transport and Tourism retain the said vehicle registration number certificates.
(2) Upon expiration of the suspension of the usage of service vehicles or suspension of business in accordance with the provisions in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism shall return the vehicle inspection certificates that had been returned in accordance with the provisions in the preceding paragraph or the vehicle registration number certificates that had been retained in accordance with the provisions in the said paragraph.
(3) Those who received the automobile registration number certificates (excluding those pertaining to the vehicles prescribed in the following paragraph) in accordance with the provision of the preceding paragraph shall attach the said automobile registration number certificates to the said vehicles and obtain the seals of the Minister of Land, Infrastructure, Transport and Tourism to the said vehicles.
(4) Pertaining to the vehicles pertaining to the order in accordance with the provision of paragraph (1) to which the registration is temporarily obliterated based on the application given in paragraph (1) of Article 16 of the Road Transport Vehicle Act (including the events in which it shall be deemed that the application had been made in accordance with the provisions in paragraph (5) of Article 15-2 in the same Act), the Minister of Land, Infrastructure, Transport and Tourism shall not notify the registration identification information given in paragraph (1) of Article 18-2 of the same Act until the suspension of the usage of service vehicles or suspension of the business in accordance with the provisions in the preceding Article expires.
(Special Motor Truck Transportation Business)
Article 35 (1) Those who wish to manage the special motor truck transportation business shall obtain a permission of the Minister of Land, Infrastructure, Transport and Tourism.
(2) Those who wish to obtain a permission set forth in the preceding paragraph shall submit an application form that states the following matters to the Minister of Land, Infrastructure, Transport and Tourism.
(i) Name and location and if a juridical person, the name of its representative;
(ii) Name and location of a person who demands transportation and if a juridical person, the name of its representative;
(iii) Name and location of the business office, outline of the service vehicles, whether to conduct consigned motor truck transportation or not and business plan related to the other matters prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(3) The Minister of Land, Infrastructure, Transport and Tourism shall not grant the permission given in paragraph (1) unless the business plan is appropriate to prevent over-strained driving and has other measures to ensure the safety of transportation.
(4) The provisions in paragraph (2) (limited to the part pertaining to item (ii)) and paragraph (3) of Article 4 and Article 5 shall apply mutatis mutandis to the permission given in paragraph (1).
(5) The provision of paragraph (4) of Article 7 shall apply to the application for the permission in accordance with the provisions in paragraph (1) of this Article when there exists a designation of an emergency adjustment area in accordance with the provisions in paragraph (1) of Article 7, and the provision of paragraph (6) of the same Article shall apply mutatis mutandis to the special motor truck transportation business operator when there exists a designation of said emergency adjustment area.
(6) The provisions of Article 9, Article 15, Article 16, paragraphs (1) to (3) of Article 17, Article 18, paragraphs (2) and (3) of Article 22, Articles 22-2 to 24-3, Article 27, Article 32 and Article 33 shall apply mutatis mutandis to the drivers and employees of the special motor truck transportation business operator, the provisions of paragraph (4) of Article 17 and paragraph (3) of Article 22 shall apply mutatis mutandis to the drivers and employees of service vehicles of the special motor truck transportation business operator, the provisions in paragraph (1) of the same Article shall apply mutatis mutandis to the Operation Managers assigned by the special motor truck transportation business operator, the provision in Article 29 shall apply mutatis mutandis to the business activities pertaining to the safety of transportation by special motor truck transportation business, and the provision in the preceding Article shall apply mutatis mutandis to the service vehicles of the special motor truck transportation business operator. In these cases, the term "Article 6" in paragraph (2) of Article 9 shall be deemed to be replaced with "paragraph (3) of Article 35".
(7) In the event of a transfer of a special motor truck transportation business or merger, split (limited to the event in which the said business is to be succeeded) or inheritance of the special motor truck transportation business operator, the transferee of the said business or the juridical person that would continue after the merger (excluding a juridical person that is a special motor truck transportation business operator and a juridical person that is a special motor truck transportation business operator and will continue after the merger with a juridical person that does not manage the special motor truck transportation business) or the juridical person established by merger or the juridical person or the inheritor that succeeded to the said business by split shall succeed to the rights and obligation based on the permission given in paragraph (1).
(8) Those who succeeded to the rights and obligations based on the permission given in paragraph (1) in accordance with the provision in the preceding paragraph shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days from the said succession.
(Small-size Motor Truck Transportation Business)
Article 36 (1) Any person who wishes to manage the light motor truck transportation business shall notify the name and location of the business office, outline of the service vehicles and other matters to the Minister of Land, Infrastructure, Transport and Tourism, pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. The same shall apply to the case where the one who have made the said notification (hereinafter referred to as "light motor truck transportation business operator") wishes to change the matters in the notification.
(2) The provisions of Article 15, paragraphs (1) to (3) of Article 17, Article 23, paragraph (1) of Article 25 and Article 33 (limited to the part pertaining to item (i)) shall apply mutatis mutandis to the light motor truck transportation business operator, the provisions of paragraph (4) of Article 17 shall apply mutatis mutandis to the drivers of the service vehicles of the light motor truck transportation business operator and its employees who are engaged in assisting the drivers and the provision in Article 34 shall apply mutatis mutandis to the service vehicles of the light motor truck transportation business operator. In these cases, the term "the provisions of paragraph (1), (4) or (6) of Article 16, paragraphs (1) to (3) of Article 17, paragraph (1) of Article 18, paragraph (2) or (3) of Article 22 or the preceding Article or the Safety Management Rule" in Article 23 shall be deemed to be replaced with "provisions from paragraph (1) to (3) of Article 17 to which paragraph (2) of Article 36 applies mutatis mutandis" and "or suspension of whole or part of the business or rescind the permission given in Article 3" in Article 33 shall be deemed to be replaced with "or suspension of whole or part of the business".
(3) Upon abolition of the business, transfer of the entire business or succession of the entire business by split, the light motor truck transportation business operator shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism without delay.
(4) Upon obliteration of a juridical person that is a light motor truck transportation business operator by merger, the officers who executed the business shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days after the said date.
(5) Upon death of a light motor truck transportation business operator, the inheritor shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days after the said date of death.
(Special Provisions for Second Class Consigned Freight Transportation Business Operator)
Article 37 (1) The provisions from Article 8 to Article 11, from Article 25 to Article 27 and Article 32 and provisions in Article 9, Article 27 and Article 32 to which the paragraph (6) of Article 35 is applied mutatis mutandis do not apply to the motor truck transportation business managed by the general motor truck transportation business operator or special motor truck transportation business operator nor the second class motor truck transportation business (limited to the part pertaining to collection and delivery of the freight in the said paragraph (hereinafter referred to as "collection and delivery of freight" in this Article)) prescribed in paragraph (8) of Article 2 in the Consigned Motor Truck Transportation Business Act (Act No. 82 of 1989) pertaining to the permission given in Article 20 or paragraph (1) of Article 45 of the same Act.
(2) Among those to whom the permission given in Article 20 or paragraph (1) of Article 45 of the Consigned Motor Truck Transportation Business Act (hereinafter referred to as the "second class consigned transportation business permission") is granted, those who fall under item (v) of Article 23 of the same Act upon application for the said second class consigned transportation business permission (including the approval given in paragraph (1) of Article 25 or paragraph (2) of Article 46 pertaining to the said business, hereinafter the same shall apply in this Article) may conduct collection and delivery of freight without the permission given in Article 3 or paragraph (1) of Article 35.
(3) The provisions prescribed in Article 15, Article 16, paragraphs (1) to (3) of Article 17, Article 18, paragraphs (2) and (3) of Article 22, from Article 22-2 to Article 24-3, Article 33 (limited to the part pertaining to item (i)) and paragraphs (1), (4), (6) and (7) of Article 60 shall apply to those prescribed in accordance with the provision in the preceding paragraph pertaining to collection and delivery of freight without the permission given in Article 3 or paragraph (1) of Article 35 (excluding those who started collection and delivery of the said freight with the permission given in Article 3 or paragraph (1) of Article 35 after having been granted the permission for the second class consigned transportation business, hereinafter referred as the "special second class consigned transportation business operator" in this paragraph and Article 39), and the provisions in paragraph (4) of Article 17 and paragraph (3) of Article 22 shall apply mutatis mutandis to the drivers and employees of the service vehicles of the special second class consigned transportation business operator, the provision in paragraph (1) in the same Article shall apply mutatis mutandis to the Operation Managers assigned by the special second class consigned transportation business operator, the provision in Article 29 shall apply mutatis mutandis to the business activities pertaining to the safety of transportation during collection and delivery of freight conducted by the special second class consigned transportation business operator and the provision in Article 34 shall apply mutatis mutandis to the service vehicles of the special second class consigned transportation business operator. In these cases, the term "may order the suspension of whole or part of the said business or rescind the permission given in Article 3." in Article 33 shall be deemed to be replaced with "may order suspension of usage for the said business".
Chapter III Promotion of Rationalization of Motor Truck Transportation Business by Private Bodies, etc.
(Designation, etc. of Local Motor Truck Transportation Business Rationalization Implementing Agency)
Article 38 (1) The Minister of Land, Infrastructure, Transport and Tourism may designate a general incorporated association or general foundation with the objective of contribution to establishment of order in trucking operations which is found to be capable of executing the operations prescribed in the following Article fairly and accurately as the sole local motor truck transportation business rationalization implementing agency (hereinafter referred to as "local implementing agency") within a limited area which the Minister of Land, Infrastructure, Transport and Tourism defines by taking into consideration of the areas under control of the Transport Administration Department and Transport Bureau Branches (hereinafter referred to simply as the "area" in this Chapter) upon application.
(2) Upon designation of the local implementing agency, the Minister of Land, Infrastructure, Transport and Tourism shall announce the name, address, location of the office and the area in the said designation of the said local implementing agency in accordance with the provision in the preceding paragraph.
(Operations)
Article 39 The local implementing agency shall conduct the following operations (hereinafter referred to as "local rationalization operations") in its area. The local enforcer shall:
(i) Instruct prevention of conducts that would obstruct safe transportation and compliance with this Act or orders based on this Act to general motor truck transportation business operator, special motor truck transportation business operator and light motor truck transportation business operator (hereinafter referred to as "motor truck transportation business operator");
(ii) Conduct activities to raise awareness to prevent conducts of those other than the motor truck transportation business operator (including the special second class consigned transportation business operator) from operating motor truck transportation business;
(iii) In addition to what is listed in the preceding item, raise awareness and conduct public relation activities that would contribute to establishment of order in motor truck transportation business;
(iv) Handle complaints from the motor truck transportation business operator or freight owner related to motor truck transportation business; and
(v) Cooperate in notice to the motor truck transportation business operator to ensure the safe transportation and other measures taken by the Minister of Land, Infrastructure, Transport and Tourism to enforce this Act and the Act on Promotion of Integration and Rationalization of the Distribution Services (Act No. 85 of 2005).
(Resolution of Complaints)
Article 39-2 (1) Upon requests for resolutions of complaints from motor truck transportation business operator or the freight owner, the local implementing agency shall hold consultation, give necessary advice to those who requested the same, investigate the situations pertaining to the said complaints and notify the motor truck transportation business operator who is the subject of the said requests of the content of the said complaints and demand prompt handling.
(2) When it is found necessary in resolving complaints pertaining to the offer raised as described in the preceding paragraph, the local implementing agency may demand that the motor truck transportation business operator who is the subject of the said requests present explanation orally or in writing or submit evidences.
(3) Upon the demand in accordance with the provision set forth in the preceding paragraph by the local implementing agency, motor truck transportation business operator shall not refuse the same without justifiable grounds.
(4) The local implementing agency shall make the requests in paragraph (1), situations pertaining to the said complaints and the results of the resolutions thoroughly known to the motor truck transportation business operator.
(Demand for Explanation or Submission of Evidences)
Article 39-3 (1) In addition to what is provided for in the preceding Article, the local implementing agency may demand that motor truck transportation business operator give explanation orally or in writing or submit evidences within the limit necessary for the execution of local rationalization operations.
(2) Upon the demand in accordance with the provision set forth in the preceding paragraph by the local implementing agency, the motor truck transportation business operator shall not refuse the same without justifiable grounds.
(Order for Improvement)
Article 40 When it is found necessary to improve the operations of local rationalization operations by the local implementing agency, the Minister of Land, Infrastructure, Transport and Tourism may order the said local implementing agency to take necessary measures for improvement.
(Rescission, etc. of Designation)
Article 41 (1) In the event that a local implementing agency has violated the order in accordance with the provision in the preceding Article, the Minister of Land, Infrastructure, Transport and Tourism may rescind the designation prescribed in paragraph (1) of Article 38.
(2) Upon rescission of the designation prescribed in paragraph (1) of Article 38 in accordance with the provision in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall announce the same to the public.
(Delegation to Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 42 The procedure for paragraph (1) of Article 38 and other matters necessary for local implementing agency shall be provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Designation, etc. of National Motor Truck Transportation Business Rationalization Operation Implementing Agency)
Article 43 The Minister of Land, Infrastructure, Transport and Tourism may designate a general incorporated association or general foundation with the objective to contribute to establishment of order in motor truck transportation business as the sole national motor truck transportation business rationalization operation implementing agency (hereinafter referred to as "national implementing agency") in Japan upon application when the Minister finds that the said applicant would appropriately and securely execute the operations given in accordance with the following Article.
(Services)
Article 44 The national implementing agency shall conduct the following operations. The national implementing agency shall;
(i) Decide the basic guideline for smooth execution of local rationalization operations;
(ii) Conduct communication, coordination and instruction for local rationalization operations;
(iii) Conduct training to those engaged in the operations by local implementing agency; and
(iv) Raise awareness and conduct public relations activities to contribute to the establishment of order in motor truck transportation business in two or more areas.
(Provisions to be Applied Mutatis Mutandis)
Article 45 The provisions in paragraph (2) of Article 38 and Articles 40 to 42 shall apply mutatis mutandis to the national implementing agency. In this case, the term "location and the area in the said designation" in paragraph (2) of Article 38 shall be deemed to be replaced with "location", and the term "local rationalization operations" in Article 40 shall be deemed to be replaced with the "national rationalization operations".
Chapter IV Designated Testing Agency
(Designation, etc. of Designated Testing Agency)
Article 46 (1) The Minister of Land, Infrastructure, Transport and Tourism may have its designate (hereinafter referred to as "designated testing agency") conduct the services related to execution of the Operation Manager test (hereinafter referred to as "testing procedures").
(2) Designation shall be granted upon application by those who wish to conduct the testing procedures.
(3) After designating a designated testing agency, the Minister of Land, Infrastructure, Transport and Tourism shall not conduct the testing procedures.
(Criteria for Designation)
Article 47 (1) The Minister of Land, Infrastructure, Transport and Tourism shall not designate a designated testing agency unless there is no designated testing agency elsewhere and when the Minister finds that the applicant in paragraph (2) in the preceding Article satisfies the following criteria. The designated testing agency shall:
(i) Have officers, methods for execution of testing procedures and other matters in the plan related to execution of testing procedures are appropriate for proper execution of testing procedures;
(ii) Have basic accounting and technical competency to properly execute the plan related to the testing procedures in the preceding item; and
(iii) If conducting services other than the testing procedures, there is no risk of causing unfairness to the testing procedures through such service.
(2) In the event that the applicant for the application prescribed in paragraph (2) in the preceding Article falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism shall not designate the said applicant as the designated testing agency. The candidate:
(i) Is not a general incorporated association or general foundation;
(ii) Has been sentenced to a fine or severer punishment in accordance with this Act and two years have not elapsed since the date of completion or discontinuation of the said punishment;
(iii) Has had the designation rescinded in accordance with the provision of paragraph (1) or paragraph (2) of Article 57 and two years have not elapsed since the said rescission date; or
(iv) Any of whose officers falls under any of the following items:
(a) Person who falls under item (ii); or
(b) Person who has been dismissed by the order in accordance with the provision in paragraph (3) of Article 50 and two years have not elapsed since the dismissal date.
(Announcement, etc. of Designation)
Article 48 (1) Upon designation of a designated testing agency, the Minister of Land, Infrastructure, Transport and Tourism shall announce the name, address, location of the office for testing procedures and the commencement date of testing procedures of the said designated testing agency to the public.
(2) Upon change of the name or address or the location of the office for testing procedures, the designated testing agency shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism.
(3) Upon the notification set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall announce the same to the public.
(Examiners)
Article 49 Upon execution of testing procedures, the designated testing agency shall have a person who satisfies the requirements prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "examiner") give judgment as to the knowledge and competency required for an operation manager.
(Appointment and Dismissal of Officers, etc.)
Article 50 (1) Appointment and dismissal of the officers engaged in the testing procedures at the designated testing agency shall not become effective without the approval of the Minister of Land, Infrastructure, Transport and Tourism.
(2) Upon assignment or dismissal of an examiner, the designated testing agency shall notify the same to the of Land, Infrastructure, Transport and Tourism without delay.
(3) In the event that any officer or examiner of the designated testing agency has violated this Act, orders based on this Act or the testing procedure rule in paragraph (1) of Article 52, or committed a significantly inappropriate conduct in the testing procedures, the Minister of Land, Infrastructure, Transport and Tourism may order the designated testing agency to dismiss the said officer or examiner.
(Secrecy Obligations, etc.)
Article 51 (1) The officers or employees (including examiners) or those who have held the said position of the designated testing agency shall not leak the secrets learned through the testing procedures.
(2) In regard to application of the Penal Code (Act No. 45 of 1907) and other penal provisions to the officers and employees (including examiners) of the designated testing agency who conduct the testing procedures, the same shall be deemed as the officers engaged in public service by laws and regulations.
(Testing Procedure Rule)
Article 52 (1) The designated testing agency shall establish the Testing Procedure Rule that covers the matters related to execution of the testing procedures prescribed in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism. The same shall apply to the event of any revision.
(2) When it is found that the approved Testing Procedure Rule set forth in the preceding paragraph is not appropriate for fair and proper execution of the testing procedures, the Minister of Land, Infrastructure, Transport and Tourism may order the designated testing agency to change the same.
(Business Plan, etc.)
Article 53 (1) The designated testing agency shall prepare a business plan and receipt and payment budget pertaining to the testing procedures in each business year and obtain an approval of the Minister of Land, Infrastructure, Transport and Tourism prior to the commencement of the said business year (in the business year in which the designation was granted, after the designation without delay). The same shall apply to the event of its revision.
(2) The designated testing agency shall prepare the business report and receipt and payment statement pertaining to the testing procedures in each business year and submit the same to the Minister of Land, Infrastructure, Transport and Tourism within three months after expiration of the said business year.
(Trade Books, etc.)
Article 54 The designated testing agency shall prepare trade books of accounts pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, makes entries of the matters related to the testing procedures provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and retain the same.
(Supervision Order)
Article 55 When it is found to be necessary in enforcement of this Act, the Minister of Land, Infrastructure, Transport and Tourism may issue an order required for supervision over the testing procedures to the designated testing agency.
(Suspension or Abolition of Business)
Article 56 (1) The designated testing agency shall not suspend or abolish whole or part of the testing procedures without permission of the Minister of Land, Infrastructure, Transport and Tourism.
(2) Upon granting the permission set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall announce the same to the public.
(Rescission, etc. of Designation)
Article 57 (1) In the event that the designated testing agency comes to fall under any of the items (except item (iii)) of paragraph (2) of Article 47, the Minister of Land, Infrastructure, Transport and Tourism shall rescind the designation.
(2) In the event that the designated testing agency falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the designation or order to suspend whole or part of the testing procedures for a specified period.
(i) Violation to the provisions in this Chapter;
(ii) When it is found that any of the items of paragraph (1) of Article 47 no longer applies;
(iii) Violation to the order in accordance with the provisions in paragraph (3) of Article 50, paragraph (2) of Article 52 or Article 55;
(iv) When it has conducted the testing procedures in violation of the Testing Procedure Rule that has been approved in accordance with the provisions in paragraph (1) of Article 52; or
(v) When the designation was granted by a wrongful process.
(3) Upon rescission in accordance with the provisions in paragraph (1) or in the preceding paragraph, or upon ordering suspension of whole or part of the testing procedures as prescribed in the same paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall announce the same to the public.
(Execution of Testing Procedures by the Minister of Land, Infrastructure, Transport and Tourism)
Article 58 (1) In the event that the designated testing agency has suspended whole or part of the testing procedures by the permission in accordance with the provisions in paragraph (1) of Article 56, or in the event that the Minister of Land, Infrastructure, Transport and Tourism has ordered suspension of whole or part of the testing procedures in accordance with the provisions in paragraph (2) of in the preceding Article, or in the event when execution of whole or part of the testing procedures is found to be difficult for the designated testing agency due to acts of God or other unavoidable reasons, the Minister of Land, Infrastructure, Transport and Tourism shall execute the whole or part of the testing procedures when the Minister finds necessary, notwithstanding the provision of paragraph (3) of Article 46.
(2) In the event that the Minister of Land, Infrastructure, Transport and Tourism has decided to execute the testing procedures in accordance with the provisions in the preceding paragraph or not to execute the testing procedures in accordance with the provisions in the same paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall announce the same to the public in advance.
(3) In the event that the Minister of Land, Infrastructure, Transport and Tourism has decided to execute the testing procedures in accordance with the provisions in paragraph (1), to give a permission of abolition of the testing procedures in accordance with the provisions in paragraph (1) of Article 56 or to rescind the designation in accordance with the provisions in paragraph (1) or paragraph (2) in the preceding Article, the handover procedure and other necessary matters for the testing procedures shall be provided in the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter V Miscellaneous Provisions
(Conditions for Permissions, etc.)
Article 59 (1) Permissions or approvals prescribed in this Act may be attached with conditions or due date and the same may be changed.
(2) The conditions or due date in the preceding paragraph shall be minimum required to secure execution of matters pertaining to the said permissions or approvals and shall not impose unreasonable obligations to the recipients of the said permissions or approvals.
(Collection of Reports and On-site Inspection)
Article 60 (1) The Minister of Land, Infrastructure, Transport and Tourism may order the motor truck transportation business operator to report on its business within the limit necessary for the enforcement of this Act pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The Minister of Land, Infrastructure, Transport and Tourism may order the local implementing agency and national implementing agency (hereinafter referred to as "local implementing agency, etc.") to report on their business within the limit necessary for the enforcement of this Act.
(3) The Minister of Land, Infrastructure, Transport and Tourism may order the designated testing agency to report on the testing procedures within the limit necessary for the enforcement of this Act.
(4) The Minister of Land, Infrastructure, Transport and Tourism may have its officers enter the offices and other worksites of motor truck transportation business operator to inspect the conditions of its business or accounting or facilities, trade books, documents and other materials or ask questions to the relevant personnel within the limit necessary for the enforcement of this Act.
(5) The Minister of Land, Infrastructure, Transport and Tourism may have its officers enter the local implementing agency, etc. or the designated testing agency to inspect the conditions of the business or the trade books, documents and other materials or ask questions to the relevant personnel within the limit necessary for the enforcement of this Act.
(6) The officer who conducts the on-the-sport inspection in accordance with the provisions in the preceding two paragraphs shall carry his/her identification and present the same when requested by the relevant personnel.
(7) The authorities in accordance with the provisions in paragraphs (4) and (5) shall not be construed as approved for criminal investigations.
(Basic Policy Pertaining to Collection or Reports or Execution of On-site Inspection pertaining to the Safety Management Rule)
Article 60-2 The Minister of Land, Infrastructure, Transport and Tourism shall decide a basic policy to execute the inspection properly pertaining to the Safety Management Rule (limited to the part pertaining to item (i) of paragraph (2) of Article 16 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37)) among the collection of reports in accordance with the provisions in paragraph (1) in the preceding Article and on-site inspections prescribed in paragraph (4) in the same Article.
(Commission)
Article 61 (1) Those who wish to consider the Operation Manager Examination or to be granted the issuance or reissuance of the Operation Manager Qualification Certificate shall pay the commission in the amount prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism by taking into consideration of the actual cost to the State (for those who wish to consider the examination by the designated testing agency, the said designated testing agency).
(2) The commission collected by the designated testing agency in accordance with the provision in the preceding paragraph shall be the income of the said designated testing agency.
(Claim for Examination pertaining to Disposition to the Designated Testing Agency)
Article 62 Those who have an objection to the disposition to the designated testing agency in accordance with the provisions in this Act may submit an application for examination to the Minister of Land, Infrastructure, Transport and Tourism pursuant to the Administrative Appeal Act (Act No. 160 of 1962).
(Standard Fares and Standard Charges)
Article 63 (1) In the event that the fares and charges of the general motor truck transportation business are likely to significantly soar or drop by the imbalance between the supplied transportation capacity and the transportation demand or by fluctuation of prices and other economic conditions in a certain area (between specific sections for fares and charges pertaining to the special loading motor truck transportation of LTL, hereinafter the same shall apply in this paragraph), when it is found necessary in maintaining the public convenience or ensuring sound management of the general motor truck transportation business operator in the said specific area, the Minister of Land, Infrastructure, Transport and Tourism may designate the said specific area and determine the standard fares and standard charges for a specified period based on the fair cost and fair profit under efficient management of the general motor truck transportation business.
(2) Upon decision of the standard fares and standard prices in accordance with the provision set forth in the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall publicly notify the same without delay.
(Recommendation to Freight Owners)
Article 64 (1) In the event that the Minister of Land, Infrastructure, Transport and Tourism issues an order in accordance with the provisions in Article 23 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35) because a general motor truck transportation business operator or special motor truck transportation business operator (hereinafter referred to as "general motor truck transportation business operator, etc.") has violated any of the provisions in paragraphs (1) to (3) of Article 17 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35) or gives punishment in accordance with the provisions in Article 33 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35) because item (i) of Article 33 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35) applies to the general motor truck transportation business operator, etc, when it is apparent that the violation pertaining to the said order or punishment was caused by the conducts instructed by a freight owner, it is found that the said violation or other results mainly from the conduct of the freight owner and it is found that the prevention of recurrence of the said violation is difficult with a mere order or punishment to the general motor truck transportation business operator, etc, the Minister of Land, Infrastructure, Transport and Tourism may recommend the said freight owner to take appropriate measures to prevent recurrence of the said violation.
(2) Upon issuance of recommendation in accordance with the provision in preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism shall listen to the opinion of the minister who is responsible for the business conducted by the said freight owner who is subjected to the said recommendation.
(Transitional Measure)
Article 65 Upon issuing, revising or abolishing an order based on the provisions in this Act, required transitional measures (including the transitional measures related to penal provisions) may be decided within the scope to be judged as reasonably necessary for the said issuance, revision or abolition by the said order.
(Delegation of Authority)
Article 66 (1) The authority of the Minister of Land, Infrastructure, Transport and Tourism prescribed in this Act may be delegated to the director of the Regional Transport Bureau pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The authority delegated to the director of the Regional Transport Bureau in accordance with the provision in the preceding paragraph may be delegated to the chief of Transport Administration Department or assistant director of the Transport Bureau Branch pursuant to the provision of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Consultation with Transport Council)
Article 67 In regard to the designation of an emergency adjustment area in accordance with the provision in paragraph (1) of Article 7, designation of an emergency adjustment section in accordance with the provision in paragraph (2) in the same Article, decision of the basic policy in accordance with the provision in Article 60-2 and decision of standard fares and standard prices in accordance with the provision in paragraph (1) of Article 63, the Minister of Land, Infrastructure, Transport and Tourism shall consult with the Transport Council.
Article 68 Deletion
(Delegation to the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 69 In addition to what is provided for in this Act, procedures required for enforcement of this Act and other matters shall be prescribed by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter VI Penal Provisions
Article 70 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than three years or a fine not more than three million yen or cumulative imposition thereof. Any person who:
(i) In violation of the provision of Article 3, has managed the general motor truck transportation business;
(ii) In violation of paragraph (1) of Article 27, has had another person utilize his/her name for the general motor truck transportation business or special motor truck transportation business;
(iii) In violation of paragraph (2) of Article 27, has had another person manage the general motor truck transportation business or special motor truck transportation business in the said person's name;
(iv) In violation of paragraph (1) of Article 27 to which paragraph (6) of Article 35 also applies mutatis mutandis, has had another person utilize his/her name for general motor truck transportation business or special motor truck transportation business in his/her name; or
(v) In violation of paragraph (2) of Article 27 to which paragraph (6) of Article 35 applies mutatis mutandis, has had another person manage the general motor truck transportation business or special motor truck transportation business in his name.
Article 71 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than one year or a fine not more than one million five hundred thousand yen or cumulative imposition thereof. Any person who:
(i) In violation of Article 33 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35, paragraph (2) of Article 36 and paragraph (3) of Article 37) has violated the order to suspend usage of the transportation facilities or suspension of the business; or
(ii) In violation of paragraph (1) of Article 35, has managed the special motor truck transportation business.
Article 72 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than one year or a fine not more than one million five hundred thousand yen.
(i) Any person who, in violation of paragraph (1) of Article 51, has leaked the secret learned through its responsibilities; or
(ii) When the designated testing agency has violated the order to suspend the business in accordance with the provision in paragraph (2) of Article 57, any officer or employee of the designated testing agency who has done the violation.
Article 73 Any person who falls under any of the following items shall be punished by a fine not more than one million five hundred thousand yen. Any one who:
(i) In violation of the provision in paragraph (1) of Article 18 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37), has failed to assign the Operation Manager; or
(ii) Has assigned or been assigned the business without the permission pursuant to the provisions in paragraph (1) of Article 29 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37).
Article 74 Any person who, in violation of the provision of paragraph (1) of Article 9 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35) has changed the business plan shall be punished by a fine not more than one million yen.
Article 75 If any person falls under any of the following items, an officer or employee of the designated testing agency who has done the violation shall be punished by a fine not more than one million yen. Any person who:
(i) In violation of the provision of Article 54, has failed to prepare a trade book, omitted entry to the trade books, made a false entry in the trade books or failed to retain the trade books;
(ii) In violation of the provision in paragraph (1) of Article 56, has abolished the entire testing procedures;
(iii) Has failed to make or made the false report pursuant to the provision in paragraph (3) of Article 60; or
(iv) Has refused, obstructed or avoided, or failed to make a statement to a question or made a false statement at inspection pursuant to the provision in paragraph (5) of Article 60.
Article 76 Any person who falls under any of the following items shall be punished by a fine not more than one million yen. Any person who:
(i) Has violated any of the orders provided in paragraph (2) of Article 8, paragraph (3) or (7) of Article 16 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37), Article 23 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35, paragraph (2) of Article 36 and paragraph (3) of Article 37), paragraph (4) of Article 25, Article 26 or paragraph (1) of Article 34 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35, paragraph (2) of Article 36 and paragraph (3) of Article 37);
(ii) Has changed the business plan related to the service vehicles without notification pursuant to the provisions in paragraph (3) of Article 9 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35);
(iii) Deletion;
(iv) Has concluded a transportation agreement without the approval pursuant to the provisions in paragraph (1) of Article 10 or without the accordance with the transportation contract to which the approval had been granted;
(v) Has managed the business without notification pursuant to the provision in paragraph (1) of Article 16 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37) or not in accordance with the notified Safety Management Rule (limited to the parts pertaining to items (ii) and (iii) of paragraph (2) of Article 16 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37));
(vi) In violation of the provision in paragraph (4) of Article 16 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 or paragraph (3) of Article 37), has failed to assign a Safety Manager;
(vii) Has failed to notify or made a false notification pursuant to the provision in paragraph (5) of Article 16 or paragraph (3) of Article 18 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37);
(viii) Has violated the provision of paragraph (3) of Article 34 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35, paragraph (2) of Article 36 and paragraph (3) of Article 37);
(ix) In violation of the provision of paragraph (1) of Article 36, has managed the light motor truck transportation business operations;
(x) Has failed to make a report or made a false report pursuant to the provision in paragraph (1) of Article 60 (including the cases where it is applied mutatis mutandis pursuant to paragraph (3) of Article 37); or
(xi) Has refused, obstructed or avoided, or failed to make a statement to a question or made a false statement at inspection pursuant to the provision the provision in paragraph (4) of Article 60 (including the cases where it is applied mutatis mutandis pursuant to paragraph (3) of Article 37).
Article 77 If any person falls under any of the following items, an officer or employee of local implementing agency or national implementing agency who has done the violation shall be punished by a fine not more than one million yen:
(i) Has failed to make a report or made a false report pursuant to the provision in paragraph (2) of Article 60; or
(ii) Has refused, obstructed or avoided or made no statement to questions or made a false statement at the inspection pursuant to the provision in paragraph (5) of Article 60.
Article 78 In the event that a representative of a juridical person, a juridical person or an individual's agent, employee or other worker has violated Article 70, Article 71, Article 73, Article 74 or Article 76 with regard to the business of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed in the respective Article.
Article 79 Any person who falls under any of the following items shall be punished by a non-penal fine not more than five hundred thousand yen; Any person who:
(i) In violation of paragraph (3) of Article 9 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35), has failed to notify the change of the business plan related to minor matters;
(ii) Has failed to make a display or made a false display pursuant to the provision in Article 11;
(iii) In violation of the order pursuant to the provision in Article 20, has failed to return the Operation Manager Qualification Certificate without justifiable grounds;
(iv) Has failed to make a report or made a false report pursuant to the provision in Article 24 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37);
(v) Has failed to make a public announcement or made a false public announcement pursuant to the provision in Article 24-3 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35 and paragraph (3) of Article 37); or
(vi) Has violated the provision of Article 32 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 35), paragraph (8) of Article 35 or paragraphs (3) to (5) of Article 36.