Exhaust Pollution Of Motor Vehicles, Nanning, Nanning Municipal People's Government On The Revision Of The Decision Of The Provisional Regulations On Supervision And Management

Original Language Title: 南宁市人民政府关于修改《南宁市机动车排气污染监督管理暂行规定》的决定

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(April 28, 2005, Nanning city, Government Executive Conference considered through May 23, 2005, Nanning city, Government makes 31st, announced since announced of day up purposes) City Government according to People's Republic of China administrative license method, legal, and regulations of provides, decided on, Nanning city, motor vehicle exhaust pollution supervision management provisional provides for following modified: a, and first article "to strengthening on motor vehicle exhaust pollution of supervision management, protection and improved environment quality, guarantees human health, according to
    People's Republic of China environmental protection law of 16th and the People's Republic of China article 37th air pollution prevention and Control Act, combined with the city's actual, these rules are formulated, "amended to read" in order to strengthen the supervision and control of vehicular pollution, protect and improve environmental quality, safeguard human health, according to the People's Republic of China environmental protection law and the People's Republic of China stipulated in air pollution prevention and Control Act, combined with the city's actual, these provisions are enacted. "
    The second, fifth, "effective July 1, 1999, the city (including a rural counties), to stop production, sale and use of leaded petrol for vehicles" is amended as "prohibited in the jurisdiction of Nanning city production, sale and use of leaded petrol for vehicles".
    Third, delete the tenth article "city traffic, the public security department vehicle emission testing must be integrated into the annual examination content." Four, and tenth article second paragraph "motor vehicle annual exhaust standard of, to by city environmental protection sector producer of motor vehicle exhaust certificate; where annual not standard of vehicles, deadline to has legal qualification of maintenance units (points) governance, complex measuring standard Hou, again to annual motor vehicle exhaust certificate" modified for "environmental protection sector can delegate law established of motor vehicle security technology test institutions, according to specification on motor vehicle exhaust pollution for annual detection.
    Tested did not meet national discharge standard of pollutants for motor vehicles shall not continue ". First paragraph of article five, 11th "relevant departments by the municipal environmental protection department road the in-use vehicle emission sampling.
    "Is amended as:" the environmental protection departments in parked vehicles to monitor the State of in-use vehicle emissions sampling. "
    11th six, delete the second paragraph of article "after testing standard for exhaust pollutants of motor vehicles by the municipal public security traffic Administrative Department fined, deadline to a maintenance unit with legal qualifications (point), until the retest standards."
    Seven, removing 13th "exceeded the maintenance of vehicular pollutant control and retest the nonconformance by the municipal public security department with the City Department of environmental protection a compulsory installation of vehicle exhaust gas purification devices; after you install exhaust purifying device testing standards by the municipal environmental protection Department of the vehicular pollution prevention certificate of Guangxi.
    Force the installation to use the motor vehicle exhaust purification product price limit approved by the Department of the autonomous region; product quality problems within the guarantee period of the product can be replaced. "
    Eight, delete article 14th, "where in the production, sale and use of motor vehicle exhaust emission purification products, must be approved by the State technical supervision departments and Department of environmental protection product certification, and to register with the City Department of environmental protection for the record."
    Ninth, 16th "in the urban built-up areas gradually limiting the use of two-stroke engine vehicles and diesel-fuelled buses for travelling" is amended as "urban built-up area restrictions in two-stroke engines used in vehicles for travelling."
    17th ten, delete the second paragraph of article "after maintenance treatment and still did not meet the mandatory installation of exhaust purification device of motor vehicles (including motor scooters) terminated".
    18th plenary, and delete the second paragraph of article "the responsibility for maintenance of in-use vehicle emission control unit, reviewed by the municipal transport administration authorities and the Environmental Protection Department found that the certificate will be issued." 12, and 19th article first paragraph "bear in with motor vehicle pollution maintenance governance of units must has meet specification of motor vehicle exhaust pollution detection means, by maintenance specification for maintenance governance, vehicles maintenance Hou must after detection qualified party can make user using; by maintenance Hou still not qualified of, referred to the city police sector with city environmental protection sector by this provides 13th article first paragraph processing" modified for "bear in with motor vehicle pollution maintenance governance of units must has meet specification of motor vehicle exhaust pollution detection means,
    Maintenance specification maintenance management, maintenance must be tested before they can be used to make users ". 13, and 22nd article first paragraph "city environmental protection sector with technology supervision sector on bear motor vehicle exhaust pollutants detection business of units and about detection personnel for review finds, to, Nanning city, motor vehicle exhaust pollution detection qualification certificate, no, Nanning city, motor vehicle exhaust pollution detection qualification certificate of units shall not engaged in motor vehicle exhaust pollutants detection" modified for "environmental protection sector should bear motor vehicle exhaust emissions detection of units (detection field, and station) of motor vehicle exhaust detection instrument equipment for check
    And the oversight of its work ".
    14, the deletion of article 24th "periodic inspection of instrumentation, calibration of vehicular pollutant, according to the technical supervision and management regulations". XV, and 25th article "bid, Nanning city, motor vehicle exhaust pollutants detection qualification certificate must meet following requirements: (a) motor vehicle pollutants detection instrument has city technology supervision sector verification qualified certificate; (ii) has motor vehicle exhaust pollutants detection instrument, and equipment listing; (three) has motor vehicle exhaust pollutants detection personnel of qualification and the assessment qualified certificate; (four) has motor vehicle exhaust pollutants detection operation; (five) other and motor vehicle exhaust pollutants detection about of information" modified for "
    Vehicular pollutant detection units should meet the following requirements: (a) standards by the quality and technology supervision departments of motor vehicles ' detection instruments and equipment, (ii) have the technical training of inspection personnel; (c) motor vehicle emission testing procedures, (iv) other information relevant to the detection of vehicular pollutant. "
    16, delete article 30th "violation of the provisions of article 11th paragraph, after testing for exhaust pollutants exceeding motor vehicles and 20 Yuan by the municipal public security traffic Administrative Department". First paragraph of article 17, the 35th "controlling vehicle pollution enforcement agencies and staff in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment. The party refuses to accept the decision on administrative penalty, in the 15th after receiving notification of the decision made the decision on the organs of executive authority for reconsideration, or directly to the local people's Court "is amended as" controlling vehicle pollution enforcement agencies and staff in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment.
    Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. "
    18, the provisions of the "environmental sector" changed to "Department of environmental protection", "municipal public security department" amended to read "police"; "the municipal transport Administration Department" amended to read "Administrative Department of transportation".
    In addition, under the provisions of this decision on the part of order and the text adjusted accordingly.
    This decision shall come into force as of the date of.

    The provisional regulations on supervision and management of motor vehicle exhaust pollution in Nanning in accordance with this decision be amended accordingly promulgated anew. Attached:, Nanning city, motor vehicle exhaust pollution supervision management provisional provides (2005 amendment this) (December 30, 1998 City Government makes 27th, announced, according to May 23, 2005, Nanning city, Government on modified straddling, Nanning city, motor vehicle exhaust pollution supervision management provisional provides of decided Amendment) first chapter General first article to strengthening on motor vehicle exhaust pollution of supervision management, protection and improved environment quality, guarantees human health, according to People's Republic of China environmental protection method and
    People's Republic of China stipulated in air pollution prevention and Control Act, combined with the city's actual, these provisions are formulated.
    Provisions of this article apply in the city municipal districts, counties within the administrative area of production (including modification, Assembly, the same below), use, and maintenance of motor vehicles and vehicle engine units and individuals.
    Motor vehicles referred to in these provisions refers to the driven by internal combustion engines or traction, road, passenger, transport of goods, or vehicles carrying out special operations.
    Article III Administrative Department of environmental protection (hereinafter referred to as the environmental protection departments) to exercise unified supervision and management of vehicle emission pollutants, vehicular pollution is responsible for publishing notice vehicular pollution supervision and management departments to guide and coordinate other work to investigate and punish violations of motor vehicle exhaust pollution emissions.
    Public security departments are responsible for in-use vehicle emission pollution implemented specific supervision and management.
    Transport Administration Department is responsible for the maintenance of vehicle emission pollutants into the plant supervision and management.
    Other relevant government departments, environmental protection departments, contribute, within its mandate, the implementation of this provision.
    Fourth municipal people's Government to control vehicle exhaust pollution into national economic and social development plans, in favour of reduction of motor vehicle exhaust pollution in urban development planning, rational planning and road layout, improving the traffic environment, implementation of total motor vehicle control, control of environmental pollution by motor vehicle exhaust.
    Fifth, Nanning city, within the prohibition of the production, sale and use of leaded gasoline.
    Article sixth achieved significant success in the prevention of exhaust pollution of motor vehicles units or individuals, from all levels of people's Governments shall give commendations and awards.
    Chapter II supervision and management of motor vehicle products seventh motor vehicle production unit of motor vehicle manufactured must be inspected and emissions into the atmosphere of pollutants in excess of the national emission standards for motor vehicles not manufactured.
    Article eighth new-home of the motor vehicle testing station shall be certified by a legitimate inspection qualification testing, emissions of pollutants in accordance with the State standards, to go through the entrance procedures.
    Prohibiting two-stroke engines of two-, three-wheeled, lightweight vehicles use diesel fuel and does not meet national standards for the various types of motor vehicle entrance. Chapter in-use vehicle emission regulatory Nineth owned motor vehicles in use by units and individuals, must ensure that motor vehicles comply with national emission standard for exhaust pollutants.

    Tenth environmental protection authorities may authorize law motor vehicle safety inspection agency, annual testing according to specifications of motor vehicle exhaust pollution.
    Tested did not meet national discharge standard of pollutants for motor vehicle, may not continue to operate.
    11th environmental protection authorities in the parked vehicle to monitor the State of in-use vehicle emissions sampling.
    12th by the environmental protection department authority to police vehicles in the used motor vehicle models, quantity, age, exhaust pollution and control, not regular random testing. Spot check inspection of vehicle owners and users shall not be refused and blocked, and should reflect the situation, provide the relevant information.
    Motor vehicle testing standard for exhaust pollutants must be for maintenance management, compliance before they can continue to use it.
    13th to encourage units and individuals on vehicle exhaust pollution of motor vehicle report, report.
    Police received the report in the 10th, the notification of motor vehicle exhaust testing served on the owner of the motor vehicle to make it within the deadline to the ineligible exhaust testing unit for emission testing.
    14th article in the urban built-up area restrictions in the use of two-stroke engine vehicles for travelling.
    15th in accordance with State regulations of the automobile scrapped standard, strict application of the auto scrapping system, motorcycles under the provisional regulations on motorcycle scrap standards, introduction of scrapping system.
    Fourth chapter of motor vehicle maintenance and regulatory articles 16th transport Administration Department is responsible for organizing, developing control of exhaust pollution of motor vehicle maintenance standard of maintenance quality management and staff training.
    Article 17th maintenance of in-use vehicle emission control unit must have compliance vehicle emission testing methods, maintenance specification maintenance management, maintenance must be tested before they can be used to make users.
    No detection capabilities of motorcycle maintenance units (points), should be entrusted with monitoring Department of environmental protection or exhaust testing unit testing qualifications.
    18th transport administration authorities and the Environmental Protection Department for maintenance of motor vehicle pollution control units (points) does not regularly monitor checks, do not follow pollution maintenance specification maintenance management and rectification.
    Supervision and management of the fifth chapter of vehicular pollutant detection article 19th of vehicular pollutant detection must be issued by the implementation of the national vehicle emission standards and testing methods and special areas issued by emission standards and testing methods.
    20th environmental protection authorities should bear the vehicle exhaust emission test units (detection field station) inspection of motor vehicle exhaust testing equipment, and oversee its work.
    Take on motor vehicle emissions testing unit, not complying with the motor vehicle testing regulations for exhaust pollutant detection, rectification.
    Article 21st of vehicular pollutant detection unit must be requested by the Environmental Protection Department, submit the vehicular pollutant detection is accurate data.
    Article 22nd of vehicular pollutant detection units should meet the following requirements: (a) standards by the quality and technology supervision departments of motor vehicles ' detection instruments and equipment, (ii) have the technical training of inspection personnel; (c) motor vehicle emission testing procedures, (iv) other information relevant to the detection of vehicular pollutant.
    Article 23rd disagrees with the results of vehicular pollutant detection, may apply for review to the Environmental Protection Department, the Environmental Protection Department must have right in the 10th review applications received, review conclusions are finally concluded.
    Penalties article 24th in violation of the provisions of Chapter Sixth fifth rule by the Environmental Protection Department warning to units and personnel, and a fine of 3,000 yuan and 30,000 yuan fine.
    25th in violation of the provisions of article seventh discharging pollutants exceeding the national emission standards for motor vehicles, or vehicles with engines by the Environmental Protection Department and Technology Department warning to production units, can be fined a maximum of 1000 Yuan and 3,000 yuan each.
    26th in violation of the provisions of article Nineth, pollutant emissions exceed the national emission standards for motor vehicles in use, by the Environmental Protection Department on persons or units each exceeded 100 Yuan and 300 yuan fine.
    12th 27th article in violation of the provisions of article, refuses to be examined, or deception, by the Environmental Protection Department in a warning, and deadline reporting, overdue undeclared, the unit in charge shall be fined a maximum of 2000 Yuan and 5,000 yuan.
    28th article in violation of the provisions of article 17th paragraph, do not follow pollution maintenance specification maintenance management units (points), be warned by the transport Administration Department, and a fine of 1000 Yuan and 10,000 yuan fine.
    Maintenance is not qualified users vehicles driving by the Transport Department on the responsible person warnings, incorrigible, fined 500 Yuan more than 1000 Yuan fine.
    20th 29th article in violation of the provisions of article, not complying with the motor vehicle testing regulations for exhaust emission testing, the overdue rectification is still not in conformity with the provisions by the Environmental Protection Department fined 5,000 yuan and 10,000 yuan fine.
    Violation of the provisions of article 21st 30th article, timely submission to the Environmental Protection Department on request test data, or error data, depending on the seriousness of the warning by the Environmental Protection Department and rectification. Article 31st of controlling vehicle pollution enforcement agencies and staff in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment.
    Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Party fails to apply for reconsideration or bring a lawsuit nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.
    Article 32nd law enforcement against vehicle pollution and abuse their powers, and favoritism and neglect their duties, depending on the seriousness of sanctions, to constitute a crime shall be investigated for criminal responsibility.
    Article 33rd impeding environmental protection supervisors and other staff performing official duties according to law by the Administration, the public security organs in accordance with the People's Republic of China public security administration punishment regulations for processing constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter by-laws provisions 34th article of the national standards of the automobile emission standards of air pollutants in the standard GB14761.1-93 GB14761.7-937; GB14621-93 of the motorcycle emission standard for exhaust pollutants.
    35th article of the rules by the Nanning environment protection Bureau is responsible for the interpretation.
                                                                                                      36th article of the regulations as of the date of promulgation.