Motor Vehicle Safety Inspection Agency Regulatory Approach

Original Language Title: 机动车安全技术检验机构监督管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253020.shtml

Motor vehicle safety inspection agency regulatory approach

    (October 13, 2009 People's Republic of China General Administration of quality supervision, inspection and quarantine announced the 121th as of December 1, 2009) Chapter I General provisions

    First in order to strengthen the supervision and management of motor vehicle safety inspection agency, in accordance with the People's Republic of China administrative licensing law and the People's Republic of China on road traffic safety Act and its implementing regulations, People's Republic of China metrology Act and its implementing rules and other relevant laws and regulations, these measures are formulated.

    Second motor vehicle safety inspection authorities (hereinafter "Security agent") vehicle safety testing, as well as to supervise security agencies should abide by these measures.

    Motor vehicle safety inspection mentioned in these measures refers to according to the People's Republic of China on road traffic safety Act and its implementing regulations, in accordance with national technical standards for the safety requirements, on-road motor vehicle inspection activities, including initial when registering a motor vehicle safety technical inspection and safety inspection on a regular basis after registration.

    Security agencies in these measures refers to the People's Republic of China territory, in accordance with the People's Republic of China on road traffic safety provisions of the Act and its implementing regulations, technical standards and other requirements in accordance with national security, to test the on-road vehicle and notary data inspection agency issued by the society.

    Third State administration of quality supervision, inspection and quarantine (hereinafter "AQSIQ") to national security agency shall exercise unified supervision and management. Provincial quality and technical supervision departments are responsible for the supervision and management of the work of security agencies in the administrative areas.

    City of quality and technical supervision departments at the county level within their respective areas of responsibility are responsible for the supervision and management of the work of security agencies in the administrative areas.

    Article quality and technical supervision departments at all levels should follow scientific, impartial, incorruptible and efficient principles, the security agencies exercising supervision and management according to law.

    Fifth security agencies should be strictly in accordance with relevant laws and regulations of the State, according to national safety standards and regulations to carry out the inspection of motor vehicles, and take responsibility for results.

    Chapter II security agency licensing

    Article sixth of security agencies set up shall follow the principles of overall planning, rational distribution, easy to detect.

    Seventh national qualification management of security bodies and Metrology certification management.

    Security agencies shall, in accordance with the provisions of relevant laws and regulations of the State, obtain qualifications for metrological certification, testing, with the permission to be assumed within the scope of the approved test motor vehicle safety inspection.

    Provincial quality and technical supervision Department is responsible for the implementation of the security agencies in the administrative area of inspection qualification license application accepted decisions, review, and certification.

    Article eighth measurement accreditation management of security bodies in accordance with the provisions of relevant laws and regulations of measurement.

    Nineth security bodies for testing measurement certification, licensing and its reception, on-site examinations, certification should be handled.

    Article tenth qualified as a security inspection permit, shall possess the following basic conditions:

    (A) having legal personality;

    (B) meets the needs of motor vehicle safety inspection and examination by the provincial quality and technical supervision Department technicians engaged in motor vehicle safety inspection;

    (C) a sound management system, has a full range of motor vehicle safety inspection standards and other technical specifications documents;

    (D) the application for vehicle type and items required for motor vehicle safety inspection equipment and calibration of equipment;

    (E) motor vehicle safety inspection equipment should be legally valid type designation, measuring instruments shall be subject to quality and technology supervision departments authorized metrology technical organization measures Government standards or calibration, and during the period of verification or calibration;

    (Vi) meets motor vehicle safety inspection facilities, the workplace and working environment;

    (VII) shall meet the conditions.

    Section 11th for security inspection qualification license shall be made to the provincial quality and technical supervision departments to submit the following application materials:

    (A) the application;

    (B) legal entity and a copy of proof;

    (C) the test examination certificate and copies;

    (D) the Gage verification or calibration certificates and photocopies;

    (E) the testing configuration details as well as testing, calibration equipment list;

    (F) the geographic location, site and building plans, appropriate or legal rights and a copy of proof of ownership;

    (G) other relevant legal documents.

    12th provincial quality and technical supervision Department upon receipt of the application, in accordance with the People's Republic of China Law on administrative licensing provisions relating to license accepted, depending on different situations, respectively.

    13th provincial quality and technical supervision departments after the acceptance of the application, shall organize a review officer to review applicants, review including the review and field inspections.

    Review personnel should have appropriate professional knowledge and practical experience.

    14th Provincial quality and technical supervision departments to review the applicant, shall be in accordance with the People's Republic of China on administrative licensing law on licensing review and decision procedures, duration and other requirements, and make a decision on whether to approve inspection licensing.

    15th provincial quality and technical supervision departments should be promptly to get permission from the inspection qualification of the applicants will be issued security inspection Licensing certificate and special seals for inspection.

    Security inspection qualification certificate design, numbering rules and inspection Special seal design prescribed by the State administration of quality supervision.

    16th security inspection qualifications license is valid for 3 years.

    Security inspection qualification expiry, continue to engage in motor vehicle safety inspection activities, shall, before the expiration of 3 months to the provincial quality and technical supervision departments to reapply; security agencies relocation, alteration or increasing the test line should be promptly applied to the provincial quality and technical supervision Department application for receiving, reviewing and decided, in accordance with the regulations.

    Chapter III security agency code of conduct

    17th security institutions should follow independent, objective and fair, the principle of good faith motor vehicle safety inspection activities.

    18th security agency information systems should be maintained unobstructed, to the quality and technology supervision departments to provide motor vehicle safety inspection information.

    19th security institutions should ensure equipment normal intact, in legal metrological verification and calibration of measuring instruments, and in accordance with the requirements of quality and technical supervision Department regularly participate in testing proficiency test.

    20th security agencies should establish and perfect rules and regulations and the motor vehicle safety inspection records, in accordance with the relevant provisions of the State to save test results and related technical information, confidentiality requirements, should abide by the confidentiality provisions.

    Article 21st security institutions should enhance motor vehicle safety inspection personnel training and management, continuously improve service levels.

    22nd security institutions should be supervised by the quality and technology supervision departments, inspection and control, before the end of January each year to local quality and technical supervision Department annual report.

    Annual reports should include:

    (A) basic conditions of security agencies;

    (B) the motor vehicle annual inspection model and number of the motor vehicle safety inspection services;

    (C) the change of in-use detection equipment and Gage verification or calibration;

    (D) examination of personnel training, assessment and change;

    (E) the handling of complaints and objections;

    (Vi) other matters should be reported to the.

    Article 23rd security agencies found in motor vehicle safety inspection activities of universal quality and safety problems, shall promptly report to the quality and technology supervision departments and other departments concerned.

    24th security institution where work stopped motor vehicle safety inspection is required for more than 3 months should be reported to the provincial quality and technical supervision departments, turned over to the Special seal for inspection qualification license and inspection, and 1 month before close to society announcements.

    Security agencies stopped motor vehicle safety inspection of more than 1 year, cancellation of security inspection by the provincial quality and technical supervision Department qualification.

    25th inspection bodies shall not be any of the following acts:

    (A) alter, resell, lease, lend testing qualification certificate;

    (B) beyond the scope of approved test for motor vehicle safety inspection;

    (C) in accordance with national safety standards and inspection of motor vehicles;

    (D) the inspection certificate without examination reports issued by acts of false test results;

    (E) requirements to a designated place for repair and maintenance of motor vehicles;

    (Vi) use without a provincial quality and technical supervision Department assessment or examination unqualified personnel engaged in inspection work;

    (VII) without justifiable reason to excuse or deny dealing with user complaints or objections;

    (VIII) other illegal activities.

    Supervision and administration of the fourth chapter

    26th article of quality and technical supervision departments at all levels shall, within the scope of their respective duties, security agencies and their work within their respective administrative areas supervisory checks.

    Supervision and inspection can be performed in the following manner:

    (A) read the original inspection records, inspection reports;

    (B) inspect the motor vehicle safety inspection process;

    (C) examination of proficiency tests;

    (D) the audited annual report;

    (E) hearing about motor vehicle safety inspection assessment of the work of security agencies;

    (F) investigate and deal with complaints;

    (G) network monitor or another to reflect the quality of security agencies of the supervision and inspection.

    27th levels of quality and technical supervision departments to carry out supervision and inspection, supervision and inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive. 28th local quality and technical supervision departments above the county level at the Security Agency found problems in supervision and inspection work should be dealt with according to law.
Major problems found, shall promptly report to the superior quality and technology supervision departments, and will inform the public security organs traffic management and other related sectors.

    Article 29th of quality and technical supervision departments at all levels should establish a complaints system, accept the complaint reporting of quality and technical supervision departments should be verified, processed in a timely manner.

    30th levels of quality and technical supervision at the time of inspection or complaint reports, found that the security agencies are not in accordance with the national safety and technical standards for motor vehicle safety inspection, issue of false test results should timely transfer of traffic Administration Department of public security authorities.

    The fifth chapter legal liability 31st entry without inspection certificate for qualification of motor vehicle safety inspection carried out without authorization, and local quality and technical supervision departments at and above the county level shall be warned and fined a maximum of 30,000 yuan.

    Security agencies beyond the approved scope of testing of motor vehicle safety inspection carried out, local quality and technical supervision departments at and above the county level shall be ordered to correct, fined a maximum of 30,000 yuan and in serious cases, by the provincial quality and technical supervision departments to withdraw security inspection qualification.

    32nd under any of the following circumstances, constitute a crime, criminal responsibility shall be investigated according to law; constitute violations of related laws and regulations, administrative penalty according to law; do not constitute violations of the relevant laws and regulations, be warned by the local quality and technical supervision departments above the county level, and fines of between 30,000 yuan in serious cases, by the provincial quality and technical supervision departments revoked security inspection qualification:

    (A) alter, resell, lease or loan inspection certificate;

    (B) failing to participate in testing proficiency test;

    (C) is not in accordance with the relevant provisions of the State to save test results and related technical information, overdue change;

    (D) without the approval of provincial quality and technical supervision departments, without authorization, relocation, alteration or increase inspection line for motor vehicle safety inspection;

    (E) refuses to accept the supervision and management.

    Article 33rd security agencies without examination or examination unqualified personnel engaged in motor vehicle safety inspection of, be warned by the local quality and technical supervision departments above the county level, and a security agency fined a maximum of 5,000 yuan and 10,000 yuan in serious, by the provincial quality and technical supervision departments revoked security inspection qualification.

    34th under any of the following circumstances, local quality and technical supervision departments at and above the county level correction fails, fined 10,000 yuan fine:

    (A) failing to submit an annual report on the work of, or information;

    (B) the requirements for repair and maintenance of motor vehicles to designated places;

    (C) the prevarication or refuse to deal with complaints or objections from customers.

    35th security agencies stopped motor vehicle safety inspection work for more than 3 months, not the provincial quality and technical supervision departments or were not turned over to the Special seal for inspection certificates, inspection, or stop a motor vehicle safety inspection is not announced to the public, local quality and technical supervision departments at and above the county level shall be ordered to correct, and a fine of between 10,000 yuan and 30,000 yuan.

    36th security agencies are not in accordance with the national safety and technical standards for motor vehicle safety inspection, inspection certificate without examination reports issued by the false test results, shall be punished in accordance with law by the relevant authorities.

    37th personnel engaged in motor vehicle safety inspection in the inspection activities in bribes to post personal, by the provincial quality and technical supervision departments to revoke the qualification examinations in serious cases, transferred to the relevant departments accountable.

    38th quality technology supervision Department of the staff at the Security Agency regulatory activities in the abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    39th assumed supervision of the import and export of motor vehicle safety inspection management, in accordance with the People's Republic of China import and export commodity inspection law and the implementation of the relevant provisions of the Ordinance.

    40th military and special management of motor vehicle safety inspection, in accordance with the relevant provisions.

    41st article this approach by the AQSIQ to interpret. 42nd these measures shall come into force on December 1, 2009. February 27, 2006 the State quality inspection Administration issued regulations on the administration of the motor vehicle safety inspection offices abolished at the same time.