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深圳经济特区机动车排气污染防治条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congres

2009-03-24 法律英语 来源:互联网 作者:

深圳市人大常委会公告第110号

(No. 110)

颁布日期:20040508  实施日期:20040601  颁布单位:深圳市人大常委会

  Regulations of the Shenzhen Special Economic Zone on the Prevention and Control of the Exhaust Pollution of Motor Vehicles was adopted at the Thirty-first Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on April 16, 2004, is now promulgated, and will take effect as of June 1, 2004.

  The Standing Committee of the Shenzhen Municipal People‘s Congress

  May 8, 2004

  Regulations of the Shenzhen Special Economic Zone on the Prevention and Control of the Exhaust Pollution of Motor Vehicles

  (Adopted at the Thirty-first Meeting of the Standing Committee of

  the Third Shenzhen Municipal People‘s Congress on April 16, 2004)

  Chapter I General Provisions

  Article 1 In order to prevent and control the exhaust pollution of motor vehicles, protect and improve the atmospheric environment, and promote the sustainable development of economy and society, these regulations are hereby formulated in accordance with Law of the People‘s Republic of China on the Prevention and Control of Atmospheric Pollution and the related law, regulations, and in the light of the practical conditions of the Shenzhen Special Economic Zone (hereinafter referred to as “the Special Zone”)。

  Article 2 These regulations shall apply to the prevention and control of the exhaust pollution of motor vehicles within the Special Zone.

  Motor vehicles referred to in these regulations shall mean the motor vehicles driven or drawn by internal-combustion engines except for railroad locomotives.

  The exhaust pollution of motor vehicles referred to in these regulations shall mean the pollution caused by discharging and evaporating various pollutants to the atmosphere through exhaust pipes, crank cases, and fuel systems.

  Article 3 If the exhaust pollution of a motor vehicle exceeds the prescribed standard, the vehicle shall not be allowed to travel on the road.

  Article 4 A system of regular tests and compulsory maintenance shall be brought into practice for the motor vehicles in use. Specific measures shall be formulated by the Shenzhen Municipal People‘s Government (hereinafter referred to as “the municipal government”)。

  Article 5 The municipal government shall formulate the related policies and measures, encourage, support and spread the use of high-quality vehicle fuel and the clean source of energy for vehicles.

  Article 6 In the light of the needs to prevent and control the exhaust pollution of motor vehicles, the municipal government shall issue a catalogue of the environmental protection models of motor vehicles and a catalogue of the high exhaust models of the motor vehicles in use, and bring into practice a system of environmental classification marks to administer the motor vehicles traveling within the Special Zone.

  In accordance with the environmental quality of the atmosphere, the municipal government shall take traffic control measures to prevent and control the exhaust pollution by imposing restrictions on the area and time for the vehicles with particular environmental classification marks to be driven. Specific measures shall be worked out by the municipal government.

  Article 7 The municipal government shall improve road traffic, develop a public transit system, and control the total exhaust pollution of motor vehicles.

  Article 8 The administrative department of environmental protection of the municipal government (hereinafter referred to as “the municipal department of environmental protection”) shall conduct centralized supervision and administration of the prevention and control of the exhaust pollution of motor vehicles, and provide coordination and direction for the related administrative departments of the same level in their

supervision and administration of the prevention and control of the exhaust pollution of motor vehicles.

  The departments of public security, transportation, quality and technology supervision, inspection and quarantine for entry and exit, trade, industrial and commercial administration shall conduct supervision and administration of the prevention and control of the exhaust pollution of motor vehicles according to their respective duties.

  Article 9 The municipal department of environmental protection shall, jointly with the traffic control department of the municipal bureau of public security and the municipal department of traffic administration, build up an information transmitting system for the data on the prevention and control of the exhaust pollution of motor vehicles and a shared data base, establish and improve a system of regular contact and coordination for the prevention and control of the exhaust pollution of motor vehicles.

  The municipal department of environmental protection shall establish and improve a monitoring system of the exhaust pollution of motor vehicles, regularly release to the public what have been monitored on the exhaust pollution of motor vehicles in the whole city and various districts and the related data as well.

  Chapter II Prevention and Control of Exhaust Pollution

  Article 10 Operators engaged in manufacturing, refitting, assembling motor vehicles and vehicle engines shall bring the prevention and control of the exhaust pollution of motor vehicles into the quality control of their products, provide necessary equipments for inspection and test of the exhaust pollution of motor vehicles, and let products be delivered only after they have successfully passed the inspection and test of the exhaust pollution.

  The operator referred to in the above section shall report to the municipal department of environmental protection for record the results of the inspection and test of the exhaust pollution of the motor vehicles which have been delivered.

  Article 11 In case of purchasing a motor vehicle which is not listed in the catalogue of environmental protection model, the traffic control department of the municipal bureau of public security shall not process the motor vehicle‘s registration.

  In case of purchasing a motor vehicle for urban public transit and passenger transport which fails to meet the standard set by the municipal government for the exhaust pollution, the municipal department of traffic administration shall not process the formalities for operation.

  In case of purchasing a vehicle engine for a passenger transport vehicle, the rules of the above section shall be complied with.

  Article 12 An enterprise engaged in repair and maintenance for the prevention and control of the exhaust pollution of motor vehicles shall have the appropriate aptitude and comply with the following rules:

  (1) the measuring instruments for the prevention and control of the exhaust pollution shall be examined and ascertained as up to standard by the administrative department of quality and technology supervision, and an application for regular examination shall be filed to this department according to the rules;

  (2) maintenance shall be done exactly according to the requirements for the prevention and control of the atmospheric pollution so that the exhaust pollution of motor vehicles meets the prescribed standards after the maintenance, the quality guarantee for maintenance service shall be provided;

  (3) the motor vehicles which have been overhauled, had the engine go through general maintenance, and had the special maintenance for the prevention and control of the exhaust pollution shall have inspection of the exhaust pollution, and only those vehicles that meet the prescribed standards shall be delivered;

  (4) the license numbers, the items of maintenance, and the information

of maintenance of the motor vehicles, which have been overhauled, had the engine go through general maintenance, and had the special maintenance for the prevention and control of the exhaust pollution, shall be recorded, and the maintenance record shall be promptly transmitted to or backed up for the municipal department of traffic administration through the data transmission network.

  Article 13 A unit and individual selling vehicle fuel shall indicate clearly the

  grades of the fuel quality. Cleaner shall be added to the vehicle fuel for sale, and it shall be guaranteed that the result of cleaning meets the prescribed standards.

  It shall be forbidden to sell the vehicle fuel and cleaner that do not meet the prescribed standards.

  The municipal administrative department of quality and technology supervision shall conduct supervision and inspection of the quality of the vehicle fuel jointly with the municipal department of environmental protection.

  Article 14 The enterprises of urban public transit and passenger transport by road shall use clean vehicle fuel according to the related rules of the municipal government.

  Article 15 The owner or user of a motor vehicle shall have the vehicle well maintained, regularly inspected and kept in good shape, keep the normal functions of the compulsive ventilating installation of the crank case and the fuel evaporating installation of the motor vehicle, and avoid the exhaust pollution that exceeds the prescribed standard because of the malfunction of the installations.

  Article 16 The motor vehicles which have failed to pass random inspection, road inspection or regular inspection shall be enforced to have maintenance for the prevention and control of the exhaust pollution, obtain the certificates of s

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