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

uch required maintenance issued by a maintenance unit with the appropriate aptitude for the prevention and control of exhaust pollution of motor vehicles， and have re-inspection of the exhaust pollution.

　　Article 17 In accordance with the related state rules on compulsory scrapping of motor vehicles， the traffic control department of the municipal bureau of public security shall enforce compulsory scrapping of the motor vehicles which still do not meet the prescribed standards of the exhaust pollution after maintenance or rebuilding.

　　When a motor vehicle that is listed in the catalogue of high exhaust models of the motor vehicles in use has reached the year for scrapping， it shall no longer be put to use.

　　If the exhaust pollution of a motor vehicle exceeds the prescribed standard， the vehicle shall not be allowed to enter a used vehicle market for sale.

　　Chapter III Inspection of Exhaust Pollution

　　Article 18 Motor vehicles in use shall have the regular inspection of the exhaust pollution. The motor vehicles in use which are listed in the catalogue of high exhaust models of the motor vehicles in use and the motor vehicles for urban transit and passenger transport by road shall have a regular inspection of the exhaust pollution every 6 months， and the other motor vehicles in use shall have a regular inspection of the exhaust pollution every year.

　　In case of passing the inspection， the municipal department of environmental protection shall issue the corresponding environmental classification marks of motor vehicles. In case of failing to pass the inspection， the traffic control department of the municipal bureau of public security shall not process the transfer and registration of the ownership.

　　The environmental classification marks of motor vehicles shall be made by the municipal department of environmental protection in a unified way， and shall not be transferred， loaned， altered， forged. The expired environmental classification marks of motor vehicles shall not be used.

　　Article 19 The Municipal department of environmental protection may inspect the

exhaust pollution of motor vehicles in use at their parking place， and conduct the supervised random inspection of the exhaust pollution of motor vehicles which are being delivered from manufacturers or after maintenance， and distributed.

　　Article 20 The traffic control department of the municipal bureau of public security shall， jointly with the municipal department of environmental protection and the municipal department of traffic administration， conduct the road inspection of the exhaust pollution of motor vehicles driven on the road.

　　The motor vehicles which discharge dark smoke or other clearly visible pollutants shall be inspected and penalized by the traffic control department of the municipal bureau of public security.

　　Article 21 The municipal department of environmental protection may entrust the units which have obtained the qualification certificates to do the annual inspection of motor vehicles with the regular inspection of the exhaust pollution of motor vehicles. The entrusted units shall meet the following conditions：

　　（1） having the instruments and equipments for inspection and test which have passed regular quantitative check-up conducted by the administrative department of quality and technology supervision；

　　（2） having the qualified inspection personnel who have passed the examinations of the department of environmental protection；

　　（3） the other conditions stipulated by law and regulations.

　　Article 22 A unit engaged in the regular inspection of the exhaust pollution of

　　motor vehicles shall comply with the following rules：

　　（1） to do inspection according to the prescribed methods and discharge standards for the inspection of the exhaust pollution， and issue objective， truthful inspection reports；

　　（2） to apply to the administrative department of quality and technology supervision according to the rules for the regular check-up of the instruments， equipments used in inspection；

　　（3） to build up a network with the municipal department of environmental protection for monitoring and data transmitting， and report the result of the inspection of the exhaust pollution of motor vehicles to the municipal department of environmental protection according to the rules.

　　Article 23 The municipal department of environmental protection shall supervise

　　the inspection activities of the units engaged in the inspection of the exhaust pollution of motor vehicles.

　　Article 24 A unit engaged in the regular inspection of the exhaust pollution of motor vehicles shall charge inspection fees according to the items and rates to charge set by the department of prices.

　　The related departments shall not charge any fees when conducting the road inspection， random inspection of the exhaust pollution of motor vehicles.

　　Chapter IV Social Supervision

　　Article 25 Any unit and individual shall have the right to report to the municipal department of environmental protection， the traffic control department of the municipal bureau of public security on the exhaust pollution of motor vehicles which exceeds the standards.

　　The municipal department of environmental protection shall join the traffic control department of the municipal bureau of public security， the municipal department of traffic administration to establish a joint system to deal with the exhaust pollution of motor vehicles which exceeds the standards. If a person making a report wants a reply on the result of reporting， the department handing the case shall reply in 15 business days from the date of receiving the report.

　　Article 26 The municipal department of environmental protection may engage social supervisors of environmental protection to provide assistance in supervision of the prevention and control of the exhaust pollution of motor vehicles.

　　Before social supervisors of environmental prote

ction take up their posts， the municipal department of environmental protection shall provide training in law and professional knowledge of environmental protection.

　　Article 27 If there is a motor vehicle that is discharging clearly visible dark smoke in driving， a social supervisor of environmental protection shall report to the municipal department of environmental protection， and fill out Report Sheet on Dark Smoke Vehicles at the same time.

　　The municipal department of environmental protection shall， jointly with the traffic control department of the municipal bureau of public security or the municipal department of traffic administration， issue Notice on the Exhaust Inspection of Motor Vehicles to the owner or user of the motor vehicle in 7 business days after the date of receiving Report Sheet on Dark Smoke Vehicles.

　　Article 28 The owner or user of a motor vehicle shall go to a designated inspection unit for the exhaust pollution inspection in 7 business days after receiving Notice on the Exhaust Inspection of Motor Vehicles， and the inspection unit shall report the inspection results to the municipal department of environmental protection.

　　Chapter V Legal Liabilities

　　Article 29 In case of violation of Article 10 of these regulations by manufacturing， refitting， assembling a motor vehicle and a vehicle engine which have failed to pass the inspection of the exhaust pollution， the municipal department of environmental protection shall order correction， confiscate illegal earnings， and impose a fine of more than 10，000 but less than 30，000 RMB per vehicle or vehicle engine.

　　Article 30 In case of violation of Article 12 of these regulations or practicing fraud， the municipal department of traffic administration shall order correction by a deadline and impose a fine of more than 5，000 but less than 10，000 RMB.

　　Article 31 In case of violation of the first section of Article 13 of these regulations by failing to add cleaner to the vehicle fuel， the administrative department of quality and technology supervision shall order correction and impose a fine of 50，000 RMB； if the correction has been rejected， the department of industrial and commercial administration shall order business suspension and rectification.

　　In case of violation of the second section of Article 13 by selling the vehicle fuel and cleaner which do not meet the prescribed standards， the administrative department of quality and technology supervision， the department of industrial and commercial administration shall punish according to the related law， regulations.

　　Article 32 In case of violation of Article 14 of these regulations by failing to use clean fuel according to the related rules of the municipal government， the municipal department of traffic administration shall order correction and impose a fine of more than 10，000 but less than 50，000 RMB； if the correction has been rejected， business suspension and rectification shall be ordered.

　　Article 33 In violation of Article 16 of these regulations by failing to have a motor vehicle go through the compulsory maintenance for the prevention and control of the exhaust pollution， the traffic control department of the municipal bureau of public security may temporarily seize the motor vehicle， order the compulsory maintenance， and impose a fine of 2，000 RMB per motor vehicle， and the owner of the motor vehicle shall be held liable for the expense of the compulsory maintenance.

　　Article 34 A motor vehicle that has not obtained an appropriate environmental classification mark of motor vehicles shall not enter a res

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