These Regulations are determined pursuant to Article 37 of the Air Pollution Control Act (herein referred to as this Act).
Terms used in these Regulations are defined as follows.
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.
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.
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.
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.
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.
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.
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.
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.
The results of routine exhaust testing or non-routine exhaust testing
The motor vehicle sales volume
The statistical analysis data of quality control testing
The results of random testing or recall and correction inspection and testing of new vehicles
Motor vehicle vehicle model exhaust testing compliance verification information
Those circumstances in which a foreign competent authority or original manufacturer has already officially announced recall and correction
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
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
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.
Those circumstances in which there is a failure to perform maintenance in accordance with the contents of the vehicle owner's manual
Those circumstances in which an emissions control system has exceeded its effective use period or guaranteed durability mileage
Those circumstances in which a motor vehicle has not been used in accordance with the normal usage of the motor vehicle
Those circumstances in which major repairs are performed due to an accident
Those circumstances in which fuel extraction testing results fail to meet legal standards
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
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.
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.
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.
Tires, batteries, belts, fluid levels, radiator caps, vacuum tubing, flexible tubing and lines related to pollution emissions control systems shall be fully intact.
Fuel supply and pollution emissions control system components may not be replaced, modified or inappropriately adjusted.
Cylinder pressure shall comply with original factory design standards.
Engine parameters shall be adjusted to original design and manufacturer specifications.
In-use fuel shall be replaced with testing fuel.
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.
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.
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.
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.
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.
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.
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.
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
Those circumstances in which a foreign competent authority or original manufacturer has already officially announced that recall and correction will be performed
Those circumstances in which the loss of function of a pollution component is the reason for a failure to meet emissions standards
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.
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.
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.
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.
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.
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.
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.
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.
The central competent authority may commission a professional technical organization to conduct matters related to recall and correction inspection and testing.
These Regulations shall take effect on the date of promulgation.
Statement of the brand, vehicle type, vehicle model year, engine family or vehicle model, and number of the motor vehicle to be recalled and corrected, and other necesaary information related to the recall and correction the motor vehicle
Statement of the ratio of the estimated number of motor vehicles that need to be recalled to the number of vehicles sold
Correction measures to be performed on a recalled motor vehicle, including component replacement, repair, inspection, calibration, adjustments and other necessary changes in technical information summaries, that are sufficient to verify improvement in air pollutant emissions and compliance with these Standards
The methods used by the motor vehicle manufacturer or importer to obtain the names and addresses of owners of motor vehicles to be recalled and corrected
For the recall and correction of a motor vehicle, a motor vehicle manufacturer or importer may not compel a motor vehicle owner to cooperate with maintenance or use standards or conditions without the consent of the central competent authority; for example, a motor vehicle manufacturer or importer may not request that a motor vehicle owner use non-factory components or go to a non-authorized repair shop for maintenance work.
The procedures for the performance of recall and correction, which shall include the designated starting and concluding dates provided to the owner for the recall and correction of the motor vehicle, implementation location, and a reasonable time for the implementation of this workAfter the motor vehicle manufacturer or importer sets the date for implementation of recall and correction, the central competent authority shall estimate an appropriate time required for the completion of recall and correction work based on the time required to complete improvements on the first motor vehicle provided by an owner.
The technical abilities and facilities of the unit or personnel that will implement the recall and correction work
The notification letter issued to owners of motor vehicles subject to recall and correction
An appropriate supply system for the components required by the motor vehicle manufacturer or importer for the initial stages of recall and correction and the recall and correction period
The necessary work manuals for personnel that participate in recall and correction work
Explanation of the impact of recall and correction on fuel consumption, noise and other performance functions of motor vehicles
Other necessary data or reports that can be provided to the central competent authority for the assessment of the recall and correction plan submitted by the motor vehicle manufacturer or importer
The work manuals needed by implementation personnel and work units to participate in the recall and correction plan.
When the motor vehicle manufacturer or importer incorrectly lists the number of motor vehicles in the recall and correction plan and the number of motor vehicles that have failed to meet emissions standards after assessment, the motor vehicle manufacturer or importer shall, after receiving permission to revise the number, state explicitly the reason for the revisions.
In addition to the regulations of the central competent authority, a motor vehicle manufacturer or importer shall submit the recall and correction records of the previous month to the central competent authority by the fifteenth day of each month. The reports shall be published in government reports either until motor vehicles that have failed to meet emissions standards have undergone recall and correction or for 18 continuous months from the day notification of recall and correction is sent to the owner of the motor vehicle.
Motor vehicle manufacturers or importers shall use computer data storage or files in hard copy form to record the names and addresses of motor vehicle owners, recall and corrections result, the names of vehicle owners who improperly maintained or used their vehicle and the reason for improper maintenance or use. All data storage formats shall comply with the requirements of the central competent authority.
Motor vehicle manufacturers or importers shall make complete records of the implementation of the recall and correction plan and shall record the following items:
The identification number of the recall and correction plan implemented by the motor vehicle manufacturer or importer.
The date that the motor vehicle owner is notified of implementation and completion of recall and correction.
The motor vehicle types included in the recall and correction plan, the number of motor vehicles, and the number of motor vehicles that have failed to meet emissions standards after assessment.
The number of motor vehicles that have undergone recall and correction and the number that have failed to meet emissions standards.
The number of motor vehicles that have received corrections in the implementation of the recall and correction plan, and the reasons why inspection or corrections were not able to be carried out on certain motor vehicles.
With approval from the central competent authority, motor vehicles subject to improper maintenance or use are not counted as motor vehicles that have received recall and correction, and evidence of improper maintenance or use shall be provided.
Motor vehicle manufacturers or importers shall include the following declaration of recall and correction: If you discover, after your motor vehicle undergoes inspection and testing by (name of the central competent authority), that the air pollutant emissions of your vehicle may exceed the limits listed in the Transportation Vehicle Air Pollution Emissions Standards, the (name of motor vehicle manufacturer or importer), in accordance with the regulations of (name of the central competent authority), bears responsibility for implementing the recall and correction of your motor vehicle in order to protect environmental air quality and to ensure public health.
Motor vehicle owners shall be informed that the motor vehicle manufacturer and importer (name of the motor vehicle manufacturer and importer) bears responsibility for all recall and correction expenses.
Regarding the need for the recall and correction of a motor vehicle, when it is believed that standards or conditional restrictions are needed for maintenance and use of a motor vehicle, there shall be sufficient explanation and evidence that motor vehicle owners need to reliably observe these standards or conditions.
The impact produced from recall and correction measures on motor vehicles shall be explained.
Statement that if a motor vehicle fails to meet air pollutant emissions standards fails to participate in recall and correction, then it is possible that the motor vehicle may not pass relevant inspections on motor vehicle emissions pollutants
A concern of adverse impact produced from a motor vehicle undergoing recall and correction in the areas of oil consumption, noise, or other functions, in particular, shall be declared.
Explanation that owners shall abide by all procedures during the recall and correction process, which include the starting and concluding dates for recall and correction and expected time for implementation of work.
A declaration explaining the performance of needed normal maintenance to motor vehicle owners: In accordance with Article 34 of the Air Pollution Control Act, we (the motor vehicle manufacturer or importer) confirm that the guarantee on your motor vehicle complies with the Transportation Vehicle Air Pollution Emissions Standards, and in accordance with Article 37 of the same law, your motor vehicle is eligible within the effective use limits of the pollution emissions control system to participate in future recall and correction. Under these regulations, we recommend that your motor vehicle undergo regular maintenance work in order to ensure driver safety and environmental air quality.
The motor vehicle owner shall be provided with a return letter and envelope containing the address of the motor vehicle manufacturer or importer; when a motor vehicle is resold, the motor vehicle owner shall state explicitly the name and address of the new owner and mail the information to the manufacturer or importer.
With the consent of the central competent authority, motor vehicle manufacturers or importers can coordinate on the implementation of recall and correction, and may jointly inform motor vehicle owners of other related matters.
