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Chapter Law Content

Title: Vehicle Safety Type Approval Management Regulations CH
Category: Ministry of Transportation and Communications(交通部)
Attachment:
Chapter IV Verification, supervision and of administration
Article 24
MOTC shall conduct periodic or non-periodic supervising audit over the certification institution.
If there is non-conformity found in the supervising audit specified above, certification institution shall make improvement within the period specified by MOTC. If the certification institution does not improve or improve within the requested period, MOTC may abolish the entire or partial authorization of the type approval.
Article 25
The certification institution shall conduct periodic or non-periodic supervising audit over the accredited technical services and their witnessed laboratories. The frequency of the audits may be adjusted according to result of audits.
The above-mentioned supervising audit shall be conducted after MOTC’s approval. The certification institution may request the technical services to provide relevant information for safety test or conduct testing. Technical service shall not avoid, interfere or reject without legitimate reason.
If non-conformity was found in the supervising audit, the technical service shall make correction within the period requested by certification institution and apply for re-audit toward certification institution.
Article 26
If technical service has one of the following circumstances, MOTC may not accept the safety test report issued by technical service. MOTC may resume to accept the test reports after technical service has completed correction within the specified period and the requirements are met:
1. Does not report to the authority according to Paragraph 3 of Article 21 and Paragraph 4 of Article 22.
2. There is still non-conformity after supervising audit.
3. Does not apply for reexamination according to Article 25.
4. Does not provide the necessary information requested by authority within the requested period without legitimate reason.
5. Fail to provide necessary arrangement for MOTC or certification institution to conduct supervising audit, appeal or disputed case handling and still fail to do so after MOTC or certification notification.
Article 27
If technical service acquires the accreditation certificate by cheating, threatening or bribing, MOTC shall withdraw the accreditation and request to turn in the accreditation certificate within a time limit. If the technical service would not return the certificate with the deadline, MOTC shall announce to nullify the certificate.
If technical service has one of the following circumstances, MOTC may revoke or withdraw entire or partial accreditation:
1. Technical service actively applies for revocation.
2. If the testing record, safety test report or relevant technical documents are counterfeit.
3. Losing its ability to conduct testing or can not conduct the testing impartially and efficiently.
4. Can not make correction of the non-conformity for the supervising audit within the requested period.
5. Other conditions against this Regulations which are considered serious by MOTC.
Technical service can not apply for accreditation in 3 years if the accreditation was revoked or withdrawn according to Paragraph 1 of Article 27 and Paragraph 2 of Article 27 with the except for the Subparagraph 1 of Paragraph 2, Article 27 or special circumstances that approved by MOTC.
Article 28
If the safety testing report issued by technical service was found not to comply with Vehicle Safety Testing Directions, certification institution shall report to the MOTC to cease the test report related applications including Type Approval Certificate and examination report.
If Type Approval Certificate or examination reports have been granted with respect to the test reports specified in Paragraph 1 of Article 28, certification institution shall notify the motor vehicle authorities to stop the new license plate’s registration and inspection and notify the applicants for correction within the requested period. If the applicant can not complete the correction within that requested period, certification institution shall report to MOTC to revoke the approval certificate and announced that examination report is invalid.
If the correction specified in Paragraph 2 of Article 28 meets the requirement, certification institution shall report to MOTC to notify the motor vehicle authorities to resume new license plate registration and inspection.
Article 29
The certification institution shall conduct examination of COP to the applicants of Type Approval Certificate or examination reports. The checks of annual reports is once a year and on-site assessment is once every three years in principle but the frequency may be adjusted depending on the result of examination.
When there is non-conformity found in the COP examination, certification institution shall cease the Type Approval Certificate and examination report related applications. The applicant shall provide the documented explanation, correction and the required period toward certification institution within thirty days since the next day after notification and shall apply for COP re-examination within the required period.
Where the applicants are unable to complete the correction within that required period, the applicants shall provide the explanation and concrete improvement measures toward certification institution before the expiring date, the time limit may be extended after approved by certification institution.
If the applicants don’t offer explanation and improved measures as requested within the requested period or still failed to the COP reexamination by certification institution, certification institution shall report to MOTC to revoke the entire or partial of the Type Approval Certificate and announced that examination report is invalid.
If the requirements of the re-examination are met, the application right of the applicant shall be resumed.
Article 30
When the motor vehicle authorities find vehicles which are not manufactured, constructed or imported according to Type Approval Certificate Document, the motor vehicle authorities shall notify the certification institution. If the certification institution confirms the situation is true, the certification institution shall conduct on-site COP verification and sample testing according to the non-compliance specified in the previous Article.
If after on-site COP verification and sample testing specified in the previous paragraph and confirm that the vehicles are not manufactured, constructed or imported according to Type Approval Certificate Document, MOTC shall notify the applicant to provide documented explanation, correction and the required period within thirty days to certification institution and then certification institution conducts re-examination of COP.
Where the applicants are unable to complete the correction within that required period, the applicants shall provide the explanation and concrete improvement measures toward certification institution before the expiring date, the time limit may be extended after approved by certification institution.
If the applicants fail to complete the forementioned improvement measures or the result still fails to comply with the requirements, certification institution shall report to MOTC to revoke the Type Approval Certificate Document.
Article 31
When the motor vehicle authorities process new license plate’s registration of low volume vehicles and find vehicles are not manufactured, constructed or imported according to Type Approval Certificate Document, the motor vehicle authorities shall stop the registration of that vehicle and notify certification institution and other motor vehicle authorities to stop processing the new license plate’s registration.
The vehicles specified in previous paragraph shall be corrected with requested period and examined for each vehicle by certification institution. Certification institution shall report to MOTC to revoke the Type Approval Certificate Document if the result of examination is not satisfactory. The new license plate registration shall be granted if the requirements of examination are met.
Article 32
If offer certificate owner offers the Type Approval Certificate Document for use by other person, MOTC may order the owner to improve within a requested time period. If the owner fails to improve within the time, MOTC shall revoke entire or part of the Type Approval Certificate Document.
Those who use without authorization, counterfeits or forges the Type Approval Certificate Document shall be punished according to the Article 77-1 of Highway Act.
Article 32-1
If applicants have one of the following circumstances, the entire or partial of chassis type registration reports, examination reports or test reports held by the applicant shall become invalid. For the Type Approval Certificate held by the applicant, the certification institution shall report to MOTC to revoke the entire or partial of the Type Approval Certificate Document:
1. Applicant actively applies for revocation or announces that the report is invalid.
2. The certification institution confirms applicants are unable to manufacture, construct or import the vehicles or devices to comply with relevant regulations.
If the Type Approval Certificate Document has been revoked or the report become invalid, it shall not be used as an application documents under this Regulations.
Article 33
When the approval Type Approval Certificate Document are revoked according to Paragraph 2 of Article 28, Paragraph 4 of Article 29, Paragraph 4 of Article 30, Paragraph 2 of Article 31 and Paragraph 1 of Article 32 and the situation specified in Paragraph 2 of Article 30, the motor vehicle authorities shall cease to proceed the new license registration for all the vehicle types in that Type Approval Certificate. The applicant shall recall all the registered vehicles for correction and apply for provisional vehicle inspection.
The following principles shall be followed for the provisional vehicle inspection:
1. For the vehicles which have been registered, if the Type Approval Certificate Document has been revoked, certification institution shall determine necessary test items for these vehicles according to the non-compliance and conduct Low volume safety type approval. The owners shall acquire the Type Approval Certificate Document and then apply for provisional vehicle inspection and vehicle change registration.
2. After examination of the correction measures from applicants, certification institution shall provide the examination report to MOTC, applicants shall then apply for provisional vehicle inspection for each vehicle with the examination document issued by MOTC. If the certification institution determines and with the approval of MOTC that vehicles can be examined and inspected in the motor vehicle authorities, applicants may apply directly to motor vehicle authorities for provisional vehicle inspection.
3. After examination of the correction measures from applicants, if certification institution finds them comply with Vehicle Safety Test Directions and confirms no vehicle safety concern, certification institution may conduct sample testing or other appropriate measure to substitute provisional vehicle inspection with approval from MOTC.
If the Type Approval Certificate Documents are revoked according to Paragraph 2 of Article 28, Paragraph 4 of Article 29, Paragraph 4 of Article 30, Paragraph 2 of Article 31 and Paragraph 1 of Article 32, punishment shall be made according to the Article 77-1 of Highway Act.