In-Use Motor Vehicle Recall and Correction Regulations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=O0020053

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Article 1


These Regulations are determined pursuant to Article 37 of the Air Pollution Control Act (herein referred to as this Act).


Article 2


Terms used in these Regulations are defined as follows.
1. "Initial inspection and testing" means the air pollution inspection and testing performed on a motor vehicle included in a specially designated engine family or vehicle model when an in-use motor vehicle undergoes recall and correction inspection and testing.
2. "Confirmation inspection and testing" means pollution inspection and testing performed to further confirm pollution emissions results when a motor vehicle included in a specially designated engine family or vehicle model fails to meet emissions standards during initial inspection and testing.
3. "Restoration and maintenance" means, for the performance of maintenance work on tested motor vehicles, the adjustment of motor vehicle parameters required to be performed in accordance with the contents of the vehicle owner's manual and motor vehicle exhaust control information labeling submitted when applying to the central competent authority for vehicle model exhaust testing compliance verification for the said engine family.
4. "Voluntary recall and correction" means a motor vehicle manufacturer or importer directly notifies the motor vehicle owner to make corrections for the failure to meet emissions standards due to the determination through the process of initial inspection and testing that there is concern of an air pollutant emitted by the motor vehicle failing to meet emissions standards or that the adopted pollutant-related components are the reason causing the failure to meet emissions standards.
5. "Compulsory recall and correction" means the central competent authority orders a motor vehicle manufacturer or importer to notify the motor vehicle owner to make corrections for the failure to meet emissions standards due to the failure during confirmation inspection and testing to meet emissions standards or the failure to report voluntary recall and correction in accordance with regulations.
6. "Verification testing" means testing during the review of a recall and correction plan that motor vehicle manufacturers and importers are ordered to perform on motor vehicles, engines or components in order to confirm that the correction measures of the plan possess improvement effectiveness and are capable of bringing the motor vehicle into compliance with emissions standards.


Article 3


The implementation target of these Regulations shall be in-use motor vehicles that have obtained vehicle model exhaust testing compliance verification for motor vehicles issued by the central competent authority.


Article 4


The central competent authority may, based on the following conditions, select an engine family or vehicle model from which to select and designate a motor vehicle that has already been sold for the performance of recall and correction inspection and testing for in-use motor vehicles.
1. The results of routine exhaust testing or non-routine exhaust testing
2. The motor vehicle sales volume
3. The statistical analysis data of quality control testing
4. The results of random testing or recall and correction inspection and testing of new vehicles
5. Motor vehicle vehicle model exhaust testing compliance verification information
6. Those circumstances in which a foreign competent authority or original manufacturer has already officially announced recall and correction
7. Those other circumstances in which the central competent authority has determined there is concern of failure of an air pollutant emitted by a motor vehicle to meet emissions standards
8. When selecting and designating a motor vehicle for testing in the foregoing paragraph, the use and maintenance conditions of the motor vehicle may be confirmed with the motor vehicle owner


Article 5


When selecting a motor vehicle for testing, the central competent authority may choose to not list a motor vehicle for recall and correction testing in those circumstances in which inspection demonstrates one of the following circumstances applies to the motor vehicle.
1. Those circumstances in which there is a failure to perform maintenance in accordance with the contents of the vehicle owner's manual
2. Those circumstances in which an emissions control system has exceeded its effective use period or guaranteed durability mileage
3. Those circumstances in which a motor vehicle has not been used in accordance with the normal usage of the motor vehicle
4. Those circumstances in which major repairs are performed due to an accident
5. Those circumstances in which fuel extraction testing results fail to meet legal standards
6. Those circumstances in which there is concern for the safety of laboratory equipment and relevant personnel due to the the condition of the motor vehicle
7. When a motor vehicle manufacturer or importer holds objections over the selection of a motor vehicle for testing, the objections shall be raised at least one day before testing; those motor vehicles that have received the consent of the central competent authority may not be listed as motor vehicles subject to recall and correction inspection and testing.


Article 6


Prior to the implementation of initial inspection and testing or confirmation inspection and testing by the central competent authority, a motor vehicle manufacturer or importer shall dispatch personnel to cooperate in the implementation of inspection, restoration and maintenance on tested motor vehicles. Those manufacturers or importers that fail to dispatch personnel may not raise objections to the results of inspection, restoration and maintenance on tested motor vehicles.
Inspection, restoration and maintenance in the foregoing paragraph shall comply with the following regulations.
1. The identification numbers of all components of pollution emissions control systems shall be consistent with information in the vehicle model exhaust testing compliance verification for motor vehicles issued by the central competent authority.
2. Tires, batteries, belts, fluid levels, radiator caps, vacuum tubing, flexible tubing and lines related to pollution emissions control systems shall be fully intact.
3. Fuel supply and pollution emissions control system components may not be replaced, modified or inappropriately adjusted.
4. Cylinder pressure shall comply with original factory design standards.
5. Engine parameters shall be adjusted to original design and manufacturer specifications.
6. In-use fuel shall be replaced with testing fuel.
7. Records of the results of inspection, restoration and maintenance in the foregoing paragraph shall be maintained; if the inspection fails to comply with regulations, with the consent of the central competent authority, the motor vehicle may be not listed as a motor vehicle subject to recall and correction inspection and testing.
8. When the mileage of a tested motor vehicle falls within 800 kilometers of the mileage designated for any type of routine maintenance, the routine maintenance at issue shall be performed. When necessary, the motor vehicle manufacturer or importer may perform the next stage of routine maintenance.


Article 7


The number of motor vehicles tested for initial inspection and testing shall be five. For initial inspection and testing results, when the arithmetic mean value of the testing results for any one emitted air pollutant exceeds the emissions standards value, or when the testing results for the same emitted air pollutant of three or more tested motor vehicles exceed emissions standards values, the initial inspection and testing of the engine family or vehicle model at issue shall be determined to have failed to meet emissions standards.


Article 8


For those circumstances in which the initial inspection and testing results in the foregoing paragraph fail to meet emissions standards, or in which the central competent authority determines there is concern of a failure to meet emissions standards, the central competent authority shall perform confirmation inspection and testing of the engine family or vehicle model at issue.
The number of motor vehicles tested for the confirmation inspection and testing in the foregoing paragraph shall be ten. For confirmation inspection and testing results, when the arithmetic mean value of the testing results for any one emitted air pollutant exceeds the emissions standards value, the inspection and testing of the engine family or vehicle model at issue shall be determined to have failed to meet emissions standards.
Those motor vehicle manufacturers or importers that hold objections over the confirmation inspection and testing results in the foregoing paragraph may submit written information and explanations within twenty days of the day after the receival of central competent authority notification and the central competent authority may convene a review meeting.


Article 9


For a tested motor vehicle in Article 7 or 8, when pollution emissions testing is unable to be performed due to the loss of function of the emissions control components of two or more motor vehicles, or when testing results are unable to correctly indicate the emissions pollution values of the motor vehicle at issue, the inspection and testing of the engine family or vehicle model at issue shall be determined to have failed to meet emissions standards.


Article 10


During the process of initial inspection and testing or confirmation inspection and testing, a motor vehicle manufacturer or importer may, prior to the tested motor vehicle having left the testing laboratory, request that the tested motor vehicle be retested once at the expense of the manufacturer or importer; the results of retesting shall be considered the final testing values for the motor vehicle at issue.


Article 11


For those motor vehicles of an engine family or vehicle model in one of the following circumstances, the motor vehicle manufacturer or importer may submit a voluntary recall and correction plan and, after receiving authorization from the central competent authority, implement recall and correction.
1. Those circumstances in which it is determined there is concern of the failure of motor vehicle air pollutant emissions to meet emissions standards during the process of initial inspection and testing
2. Those circumstances in which a foreign competent authority or original manufacturer has already officially announced that recall and correction will be performed
3. Those circumstances in which the loss of function of a pollution component is the reason for a failure to meet emissions standards


Article 12


A motor vehicle manufacturer or importer shall complete the recall and correction of the engine family or vehicle model at issue in accordance with its recall and correction plan within 150 days of the day after the receival of central competent authority notification of the authorization of a voluntary recall and correction plan.


Article 13


For those circumstances in which the central competent authority determines that an engine family or vehicle model has failed to meet emissions standards pursuant to Article 9, the motor vehicle manufacturer or importer shall be ordered to submit a compulsory recall and correction plan.


Article 14


A motor vehicle manufacturer or importer shall submit a recall and correction plan within 30 days of the day after the receival of notification pursuant to the foregoing article from the central competent authority; for those that pass central competent authority review and authorization, compulsory recall and correction shall be completed within 90 days of the day after the receival of the notification of authorization.A motor vehicle manufacturer or importer that fails to complete corrections by the deadline shall, within 30 days of the day after the receival of notification, submit a specific improvement plan and apply for an extension with the central competent authority. The central competent authority shall approve the improvement deadline based on actual conditions, and the maximum extension may not exceed one year. The central competent authority may immediately terminate the improvement deadline of those for whom checking demonstrates the failure to strictly carry out implementation in accordance with the improvement plan.


Article 15


When reviewing the recall and correction plan sumbitted by a motor vehicle manufacturer or importer, the central competent authority may perform verification testing of correction measures.


Article 16


After the completion of implementation in accordance with the recall and correction plan, the motor vehicle manufacturer or importer shall submit a recall and correction report to the central competent authority for future reference within 15 days.
The central competent authority shall perform random testing within 30 days after the receival of the recall and correction report.For those circumstances in which the number of motor vehicles to be recalled and corrected is 10,000 or less, the central competent authority shall perform random testing on 10 motor vehicles; for those circumstances in which the number of motor vehicles is 10,000 or more, one motor vehicle out of every additional 1,000 shall be randomly tested.
For those tested motor vehicles for which the arithmetic mean value for air pollutants meets emissions standards, the central competent authority shall notify in writing the motor vehicle manufacturer or importer that it has been determined that the engine family or vehicle model at issue has completed recall and correction; for those that fail to meet emissions standards, it shall be determined that recall and correction has not been completed, and manufacture, import and sale shall be suspended pursuant to Article 37, Paragraph 1 of this Act.


Article 17


Those motor vehicle manufacturers or importers that fail to issue a notification of recall in accordance with central competent authority regulations shall be fined pursuant to Article 65 of this Act. For those that fail to comply with the central competent authority deadline for recall and correction, manufacturing, import and sales shall be suspended pursuant to Article 37, Paragraph 1 of this Act.


Article 18


For a review performed by the central competent authority pursuant to these Regulations, scholars and experts may be invited to convene a review meeting.
The central competent authority may invite the motor vehicle manufacturer or importer to attend and make explanations at the review meeting in the foregoing paragraph.


Article 19


The contents of a recall and correction plan submitted by a motor vehicle manufacturer or importer shall be as in Appendix 1; the contents of recall and correction records shall be as in Appendix 2; the contents of a recall and correction notification letter issued to motor vehicle owners shall be as in Appendix 3.
Recall and correction records and recall and correction reports shall be preserved for five years.

Appendix 1 Required Items for Recall and Correction Plans.pdf


Appendix 2 Required Items for Recall and Correction Records.pdf


Appendix 3 Required Items for Written Notification of Recall and Correction.pdf


Article 20


The central competent authority may commission a professional technical organization to conduct matters related to recall and correction inspection and testing.


Article 21


These Regulations shall take effect on the date of promulgation.