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Article 1
These provisions are determined pursuant to Article 42 Paragraph 2 of the Air Pollution Control Act (hereinafter referred to as the Act)
Article 2
Terms used in these provisions are defined as follows:
2.1 For gasoline and clean alternative fuel engine vehicles (hereinafter referred to as the “gasoline vehicles”), vehicle configuration means automobiles that are identical in terms of the basic engine, exhaust system, transmission and inertia weight class, and are considered as the same vehicle model.
2.2 Engine family: Vehicles with identical configurations in terms of combustion cycle (engine stroke); engine cooling mechanism (e.g., air cooled, liquid cooled); cylinder block configuration; number of cylinders; location of air intake valves; air supply method; fuel system type; catalytic converter type (oxidation catalyst, reduction catalyst or three-way catalyst); number of catalytic converters and their cubic measurement (variation of 15% or less in actual reaction surface area) and composition; and electronic control modules are considered as the same engine family.
2.3 In-use vehicles from overseas: vehicles has been registered and licensed by the motor vehicle supervisory agencies of the country of importation must obtain an import and commodity tax payment (exemption) certificate issued by Customs at the time of importation as a documentary proof.
2.4 Effective operation: normal operation of the vehicle’s emissions control equipment originally designed by the manufacturer.
2.5 On Board Diagnostics System (hereinafter referred to as OBD): A computer system inside the vehicle that monitors vehicle emissions control equipment and can diagnose current operating status, detect and save malfunction codes, and display the signal indicator if malfunctions occurred.
2.6 Hybrid Electric Vehicle (hereinafter referred to as HEV): a vehicle has both internal combustion engine and electric motor dual power sources and its engine uses gasoline or other alternative clean fuels.
2.7 Evaporative family: Vehicles with fuel supply system that are based on the same principle or method (such as single point fuel injection), with the same fuel vapor storage and purge devices, fuel measurement system, fuel vapor separator, fuel tank safety valve or other evaporative emission control devices, with similar shape, material, cross section, length, or capacity volume tanks, fuel and tubes and other fuel system devices may categorized as the same Evaporative Family.
2.8 Evolution coefficient: the exhaust emission ratio between the vehicle has reached its expected stable condition and before it running in.
2.9 Defeat devices: Through the measured or sensed vehicle’s operating parameters (such as: vehicle speed, engine rpm, transmission gear position, temperature, altitude, intake manifold vacuum, or other parameters) to trigger, adjust, delay or stop the emissions control functionality of certain devices when the vehicle is in normal operating conditions and hence reduce or with no effect on the emissions control.
Article 3
Gasoline vehicles shall comply with Article 3 and Article 4 of the emission standards (hereinafter referred to as the Emission Standards) that being defined in Article 36 paragraph 2 of this Act, as well as relevant stipulation of these provisions before the central competent authority issues gasoline vehicle model’s emission Certificate of Conformity (hereinafter referred to as Certificate of Conformity).
Article 4
Applicants applying for Certificate of Conformity shall abide by the following regulations:
4.1 For domestically manufactured gasoline vehicle, the manufacturer shall submit the application.
4.2 For imported gasoline vehicle, the manufacturer's agent or association of importers and distributors shall submit the application.
4.3 In addition to the regulations of Paragraphs 1 and 2, for imported gasoline vehicle procured by government organization at all levels, the said organization shall submit the application on its own or commission the tender winner to submit the application.
4.4 For gasoline vehicle individually imported from overseas the owner shall submit the application.
Article 5
The central competent authority shall take the test results from the following test methods as the basis for judging whether or not an engine family complies with the emission standards:
5.1 The test results from a test being conducted by the central competent authority designated testing organization on the vehicle selected by the applicant to represent the maximum pollutant emissions for the engine family.
5.2 If the vehicle comply with the US related regulations, or European Union (EU ) regulated EU or UN/ECE regulations and its Certificate of Conformity has already been obtained for the engine family; the central competent authority shall use the test results from the test being conducted overseas on the vehicle selected by the applicant to represent the engine family.
5.3 The test results from the conformity testing being conducted by the central competent authority designated testing organization on the vehicle selected by the central competent authority to represent the maximum exhaust emissions for the engine family.
The selection method and how to conduct the conformity testing shall pursuant to Appendix 1.
Article 6
Applicants using vehicle model year and engine family as basis to apply for their motor vehicle Certificate of Conformity, the required documents to be submitted and other binding matters shall pursuant to Appendix 2 and 3.
Applicants that have already sent related information as electronic files through the electronic application system that established by the central competent authority shall be exempt from submitting the above mentioned documents.
Article 7
When an applicant plans to continue manufacturing or importing the gasoline vehicles with already obtained Certificate of Conformity in the following year, he shall apply to the central competent authority for carry-over of the Certificate of Conformity in the following model year. The central competent authority shall grant the continuing use of the said engine family Certificate of Conformity when the following conditions are all met:
7.1 Vehicle configuration is identical to the previous model year.
7.2 All items that affecting the exhaust emissions are identical with the previous model year, or when the engine family of the following model year has already obtained the US or EU Certificate of Conformity.
7.3 The deterioration factors may carry-over the previous model year’s deterioration factors.
Article 8
When an applicant intents to partially modify the engine family and continuous using the original engine family Certificate of Conformity, he shall apply to the central competent authority for the modification, he also need to provide comparative configuration data before and after the modification. When all items affecting exhaust emissions are being verified to be identical with the original engine family and have the same emission characteristics, then the applicant shall be granted the modification of the said engine family Certificate of Conformity upon receiving approval from the central competent authority.
Article 9
The applicant shall apply to the central competent authority for an extension of the Certificate of Conformity before adding a new configuration to the same engine family. The applicant shall submit configuration data for Certificate of Conformity to be extended to prove that all items affecting exhaust emissions are identical with the original engine family and have the same emission characteristics, and then the applicant shall be granted an extension of the said engine family Certificate of Conformity upon receiving approval from the central competent authority.
Article 10
In respond to the durability requirements listed in Article 3 and 4 of the Emission Standards, applicants shall submit the deterioration factors of all regulated emissions for each engine family.
Deterioration factors shall be handled pursuant to Appendix 4.
Article 11
The compliance certified mass-production gasoline vehicle shall comply with the following provisions:
11.1 Each mass-production gasoline vehicle shall have the same configuration recorded in the Certificate of Conformity. All items affecting the exhaust emissions and emission control systems must be consistent with the data that being recorded in the Certificate of Conformity.
11.2 Any vehicle owners manuals and explanations that provided by the manufacturers, manufacturer designated dealers, distributors associations, or service units (include: maintenance, service, and repair workshops or stations), and are related to the use, repair, adjust, maintenance or testing of emission control systems shall be consistent with the data recorded in the Certificate of Conformity.
11.3 The manufacturers, manufacturer designated dealers or distributor association shall perform the Conformity of Production (COP) tests in accordance with stipulations in Appendix 5 for vehicles in both new and in-use stage. For the vehicles that fail to comply with the COP standards, the causes of failure should be investigated, explained and corrected. The testing information reporting schedules are as follows:
11.3.1 New vehicles: before the 20th of each month, the previous month mass produced or imported new vehicle numbers and the COP testing information should be sent to the Competent Authority for future reference.
11.3.2 In-use vehicles: the previous year driving cycle exhaust emissions data should be sent to the Competent Authority for future reference. The Competent Authority may perform sampling inspection on the maintenance and repair information and the record of OBD In-Use-Performance-Ratio.
Article 12
The Article 11 paragraph 3 mentioned COP testing items and sampling ratio should be handled in accordance with the stipulations in Appendix 5.
Article 13
The central competent authority may conduct new vehicle selective testing on new gasoline vehicles that have already obtained Certificate of Conformity at least once per year. The test procedures, selection of vehicles, pass or fail determination, and other related items shall be handled in accordance with Appendix 6.
If the conducted new vehicle selective testing is not in compliance, the Certificate of Conformity for the said engine family shall be cancelled. When received the notice, within 30 days, the applicant shall submit a recall and correction plan for unsold and sold vehicles of the failed engine family. If the central competent authority reviewed and approved the plan, the applicant shall start to implement and complete the plan, after finished all the necessary measures, the applicant may reapply for the engine family's Certificate of Conformity. The contents of the recall and correction plan shall be in accordance with Appendix 6.
Article 14
Gasoline vehicles that the applicant does not apply for Certificate of Conformity based on model year and engine family as basis shall submit the following documents to apply to the central competent authority for Certificate of Conformity:
14.1 Application form.
14.2 The said gasoline vehicle import and commodity tax payment (exemption) certificate issued by Customs.
14.3 Testing report prepared by the central competent authority designated testing organization verifying that the gasoline vehicle complies with Article 3 of the Emission Standards.
14.4 If the said gasoline vehicle is found by the central competent authority designated testing organization with no evaporative emission control system or components being installed, or if the installed evaporative emission control system or its components are found to be ineffective and the vehicle is suspected of causing pollution, the testing report verifying compliance with Article 4 of the Emission Standards issued by the designated testing organization authorized by the central competent authority shall still be attached.
14.5 The gasoline vehicle's certificate of origin.
Article 15
For imported in-use gasoline vehicles from overseas, applicants shall submit the following documents to the central competent authority when applying for Certificate of Conformity:
15.1 Application form.
15.2 The said gasoline vehicle import and commodity tax payment (exemption) certificate issued by Customs.
15.3 Testing report prepared by the central competent authority designated testing organization verifying that the gasoline vehicle conforms to Article 3 of the Emission Standards.
15.4 If the said gasoline vehicle is found by the central competent authority designated testing organization with no evaporative emission control system or components being installed, or if the installed evaporative emission control system or its components are found to be ineffective and the vehicle is suspected of causing pollution, the testing report verifying compliance with Article 4 of the Emission Standards issued by the designated testing organization authorized by the central competent authority shall still be attached.
15.5 The gasoline vehicle's certificate of origin
When the designated testing organization authorized by the central competent authority pertaining to paragraph 15.3 experiences a volume overload of testing applications, the central competent authority shall announce that applicants of low-pollution in-use gasoline vehicles for a specified brand and vehicle model year imported from a specified region may handle the testing application in accordance with Articles 4 through 6 and Article 13. The import region, brand and model year, sample ratios, and applicable time period shall be announced by the central competent authority concurrently.
Article 16
The issued Certificate of Conformity for the said engine family and model year may be cancelled or revoked by the central competent authority in one of the following circumstances:
16.1 Using any false document in the application, reporting false information, or keeping false records of operations.
16.2 Violating the provisions of Article 11 or Article 12.
16.3 Other severe offenses determined by the central competent authority to be in violation of this Act or these provisions.
Article 17
For gasoline vehicle Certificate of Conformity application, the required methods and procedures for the related emissions and durability tests shall be separately defined by the central competent authority.
Article 18
For gasoline vehicles which have already obtained Certificate of Conformity and have undergone fuel system alterations to enable the use of alternative fuels, the vehicle manufacturer shall apply to the central competent authority for the “alternative clean fuel engine vehicle emission Certificate of Conformity”. Required documents for submission shall be handled in accordance with Appendix 7.
Article 19
The central competent authority may commission agencies (organizations) to handle the relevant matters related to Certificate of Conformity applications and new vehicle selective testing.
Article 20
These provisions shall take effect on the date of promulgation.