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Public Notice of the Standing Committee of
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the Shenzhen Municipal People' s Congress
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(No.
110) |
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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. |
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The Standing Committee of the Shenzhen |
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Municipal People' s Congress |
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May 8, 2004 |
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Regulations of the Shenzhen Special Economic Zone on the
Prevention and Control of the Exhaust Pollution of Motor
Vehicles
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(Adopted
at the Thirty-first Meeting of the Standing Committee of |
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the
Third Shenzhen Municipal People' s Congress on April 16, 2004) |
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Chapter I General
Provisions
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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" ). |
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Article 2 These
regulations shall apply to the prevention and control of the
exhaust pollution of motor vehicles
within the Special Zone. |
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Motor vehicles referred to in these regulations shall
mean the motor vehicles driven or drawn by internal-combustion
engines except for railroad locomotives. |
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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. |
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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. |
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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" ). |
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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. |
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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. |
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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. |
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Article 7 The
municipal government shall improve road traffic, develop a
public transit system, and control
the total exhaust pollution
of motor vehicles. |
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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. |
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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. |
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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. |
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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. |
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Chapter II Prevention
and Control of Exhaust Pollution
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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. |
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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. |
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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. |
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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. |
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In case of purchasing a vehicle engine for a passenger
transport vehicle, the rules of the above section shall be
complied with. |
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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: |
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(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; |
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(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; |
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(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; |
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(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. |
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Article 13 A
unit and individual selling vehicle fuel shall indicate clearly
the |
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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. |
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It shall be forbidden to sell the vehicle fuel and
cleaner that do not meet the prescribed standards. |
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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. |
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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. |
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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. |
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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 such 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. |
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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. |
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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. |
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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. |
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Chapter III Inspection
of Exhaust Pollution
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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(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; |
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(2)
having the qualified inspection personnel who have passed
the examinations of the department of environmental protection; |
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(3)
the other conditions stipulated by law and regulations. |
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Article
22 A
unit engaged in the regular inspection of the exhaust pollution
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motor
vehicles shall comply with the following rules: |
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(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; |
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(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; |
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(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. |
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Article
23 The
municipal department of environmental protection shall supervise |
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the
inspection activities of the units engaged in the inspection of
the exhaust pollution of motor
vehicles. |
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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. |
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The related departments shall not charge any fees when
conducting the road inspection, random inspection of the exhaust
pollution of motor vehicles. |
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Chapter IV Social
Supervision
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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. |
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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. |
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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. |
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Before social supervisors of environmental protection
take up their posts, the municipal department of environmental
protection shall provide training in law and professional
knowledge of environmental protection. |
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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. |
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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. |
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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. |
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Chapter V Legal
Liabilities
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Article 34 A
motor vehicle that has not obtained an appropriate environmental
classification mark of motor
vehicles shall not enter a
restricted area under traffic control for the prevention and
control
of the exhaust pollution. |
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In case of violation of the above section, the traffic
control department of the municipal bureau of public security
shall impose a fine of 300 RMB on the driver of the vehicle. |
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Article 35 In
case of violation of the first section of Article 18 of these
regulations by failing to have
the regular inspection of the
exhaust pollution or driving on the road a motor vehicle which
has
failed in the regular inspection, the traffic control
department of the municipal bureau of public security shall
impose a fine of 1,000 RMB per motor vehicle. |
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In case of violation of the third section of Article 18
of these regulations by driving on the road a motor vehicle
with
a environmental classification mark that is transferred, loaned,
altered, forged, or expires,
the traffic control department of
the municipal bureau of public security shall imposed a fine of
2,000 RMB per motor vehicle. |
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Article 36 If
a motor vehicle has failed to pass the inspection of the exhaust
pollution at its parking place,
the municipal department of
environmental protection shall order maintenance and repair by a
deadline,
and impose a fine of 500 RMB per motor vehicle. |
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If the exhaust pollution of a motor vehicle for urban
public transit and passenger transport by road exceeds the
standard by 10%, the municipal department of environmental
protection shall, in addition to punishing
according to the
above section, impose a fine of more than 10,000 but less than
50,000 RMB on the
operator of the route, and the municipal
department of traffic administration shall temporarily seize the
operation certificate of the unqualified motor vehicle. |
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Article 37 If
a motor vehicle travels on the road with the exhaust pollution
exceeding the standard, discharges
the dark smoke or other
clearly visible pollutants, the traffic control department of
the municipal
bureau of public security may temporarily seize
the motor vehicle or the driving certificate, order maintenance
and repair by a deadline, and impose a fine of 500 RMB per motor
vehicle. |
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Article 38 In
case of violation of Article 21 of these regulations by
undertaking the regular inspection of
the exhaust pollution of
motor vehicles without obtaining an entrustment from the
municipal department
of environmental protection, the municipal
department of environmental protection shall order correction,
confiscate illegal earnings, and impose a fine of more than
30,000 but less than 50,000 RMB. |
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Article 39 In
case of violation of Article 22 of these regulations or
practicing fraud, the municipal department
of environmental
protection shall order correction by a deadline and impose a
fine of more than
10,000 but less than 50,000 RMB; if the
circumstances are serious, the entrustment with inspection shall
be terminated. |
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Article 40 In
case of violation of Article 28 of these regulations by failing
to have the inspection of the
exhaust pollution according to Notice
on the Exhaust Inspection of Motor Vehicles after a
deadline, the traffic control department of the municipal bureau
of public security shall
impose a fine of 500 RMB per motor
vehicle. |
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Article 41 If
the party concerned has refused to accept an administrative
penalty, an application for administrative
review may be filed
according to law or an administrative action may be taken. |
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Article 42 If
an administrative department and its staff members have required
that the owner or user of a
motor vehicle purchase their
designated products for the prevention and control of the
exhaust
pollution, a disciplinary sanction shall be imposed on
the person in charge and directly responsible staff members. |
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Article 43 If
an administrative department has failed to execute duties
according to these regulations, a disciplinary
sanction shall be
imposed on the directly responsible person in charge and other
directly responsible
persons. |
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Article 44 If
the personnel of supervision and administration of environmental
protection or the personnel
of the other administrative
departments have abused power, neglected duties, practiced
favoritism,
and engaged in irregularities, a disciplinary
sanction shall be imposed according to law; if a crime has been
constituted, the criminal responsibility shall be ascertained. |
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Chapter VI Supplementary
Provisions
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Article 45 These
regulations shall take effect as of June 1, 2004. |
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Rules of the
Shenzhen Special Economic Zone on the Prevention and Control of
the Exhaust Pollution
of Motor Vehicles promulgated by the
municipal government on October 22, 1996 shall be abolished on
the same date. |
