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Chapter Law Content

Chapter 2 Permits
Article 3
Those that apply for testing organization permits shall apply to the central competent authority.
Article 4
Those that apply for testing organization permits shall meet one of the following conditions:
Ⅰ. Be a company with paid in capital, or a non-profit corporation with registered assets of at least five million NTD.
Ⅱ. Be a public enterprise or a government agency or organization other than an environmental protection competent authority.
Ⅲ. Be an academic institution at the public college level or higher.
Article 5
Those that apply for testing organization permits shall possess their own laboratories; each laboratory shall possess dedicated instruments and equipment and six or more dedicated testing personnel, including one laboratory manager and quality assurance/quality control personnel.
Article 6
Testing personnel shall hold an central competent authority qualification certificate attesting to training in relevant testing items.
Article 7
The laboratory manager in Article 5 shall meet one of the following conditions:
Ⅰ. Graduates of public, or registered private schools at the college level or higher or overseas schools at the college level or higher that are recognized by the Ministry of Education and have three or more years of testing experience in the testing of air pollutants or noise items and provide relevant verification documents. But graduates of public, or registered private schools at the university level or higher or at overseas schools at the university level or higher that are recognized by the Ministry of Education may have one year less testing experience.
Ⅱ. Graduates of public, or registered private schools at the senior (vocational) high school level or overseas schools at the senior (vocational) high school level that are recognized by the Ministry of Education and have five or more years of testing experience in the testing of air pollutants or noise items and provide relevant verification documents.
Article 8
The quality assurance/control personnel in Article 5 shall meet one of the following conditions:
Ⅰ. Graduates of public, or registered private schools at the college level or higher or overseas schools at the college level or higher that are recognized by the Ministry of Education and have two or more years of testing experience in the testing of air pollutants or noise items and provide relevant verification documents. But graduates of public, or registered private schools at the university level or higher or at overseas schools at the university level or higher that are recognized by the Ministry of Education may have one year less testing experience.
Ⅱ. Graduates of public, or registered private schools at the senior (vocational) high school level or overseas schools at the senior (vocational) high school level that are recognized by the Ministry of Education and have three or more years of testing experience in the testing of air pollutants or noise items and provide relevant verification documents.
Article 9
Those that apply for testing organization permits shall meet one of the following conditions:
Ⅰ. An application form;
Ⅱ. Organization identification documents of the agency or organization;
Ⅲ. A photocopy of the personal identification document of the statutory responsible person;
Ⅳ. A diagram of the geographical locations of laboratories;
Ⅴ. Placement and layout diagrams of the analysis facilities;
Ⅵ. Labor Insurance documents proving employment of testing personnel, photocopies of documents verifying education and work experience as well as necessary training of the testing personnel, and written consent to Labor Insurance information inquiries;
Ⅶ. Such documents as those explaining application categories and the names of usage methods;
Ⅷ. Fifteen or more sets of real testing data and related quality control diagrams related to the testing items for which the permit application has been submitted;
Ⅸ. Laboratory Quality Management Manual;
Ⅹ. Other documents designated by the central competent authority;
The Laboratory Quality Management Manual in the item IX of the foregoing Article implies the Laboratory Quality Management Manual prepared in accordance with the Basic Norm of Quality System of Motor vehicle air pollutant and noise emission testing laboratory proclaimed by the central competent authority. It shall have content at least include: impartiality, confidentiality, organization, personnel, facilities and environmental conditions, equipment, metrological traceability, externally provided products and services, review of requests, tenders and contracts, selection, verification and validation of methods, sampling, handling of testing vehicles, technical records, ensuring the validity of results, reporting of results, complaints, nonconforming work, control of data and information management, management system documentation, control of management system documents, control of records, actions to address risks and opportunities, improvement, corrective actions, internal audits, management reviews.
Those testing organizations for which application documents in the foregoing paragraph do not comply with regulations or for which contents are incomplete shall be notified by the central competent authority to make corrections within a limited time period; those applications failed to make corrections by the deadline shall be rejected and all application documents will not be returned.
Article 10
When testing organizations establish more than one laboratory, separate permit application must be submitted pursuant to these Regulations.
Testing organizations which apply for extensions, resumption of business, relocation of laboratory, or addition of laboratory, testing category or testing item shall submit documents listed in Subparagraph 1 and Subparagraphs 4 through 10 of Article 1.
Testing organizations which apply for relocation of laboratory shall apply to central competent authority for relocation of laboratory 15 days in advance and submit the plan of relocation for references. Testing organizations shall complete the relocation in accordance with the plan of relocation and submit documents mentioned in previous Article within 30 days after the completion of relocation.
Article 11
The testing categories and items for permits applications by testing organizations are as followings:
Ⅰ. Air pollutant emission testing categories for gasoline engine vehicles and clean alternative fuel engine vehicles.
Ⅱ. Air pollutant emission testing categories for diesel engine vehicles and clean alternative fuel engine vehicles.
Ⅲ. Motorcycle air pollutant emission testing categories.
Ⅳ. Motor vehicle noise testing categories.
Ⅴ. Other testing categories officially announced by the central competent authority.
The foregoing testing categories and items shall be limited to those controlled items regulated by the Air Pollution Prevention Act and the Noise Control Act and those items listed in the standard testing methods announced by the central competent authority or those items announced by central competent authority.
Article 12
The central competent authority shall perform the following matters for the review of testing organization permit applications, extensions, the resumption of business, the relocation of a laboratory, the addition of a laboratory, and the addition of a testing category or testing item; permits shall be issued after it pass the review of application. However, the application for addition of testing item may be waived for systems evaluation procedure.
Ⅰ. Documentary review: Review of application documents submitted by the testing organization.
Ⅱ. Related testing evaluation: A review of the testing items for which the testing organization has submitted an application through related testing by a testing organization designated by the central competent authority. The central competent authority may demand related testing to be carried out through relevant domestic or foreign testing organization or laboratory for the testing items that yet not designated any authorized testing organizations for related testing. Related testing shall be allowed to be conducted only once.
Ⅲ. Systems evaluation: An on-site review and grading of the quality control systems of individual laboratories that testing organization has applied.
Article 13
The central competent authority may establish a technical evaluation committee to conduct reviews, evaluations and inquiries for various applications in this regulation.
Article 14
Permits shall record the following items:
Ⅰ. The name of the organization.
Ⅱ. Name and address of laboratory.
Ⅲ. The name of the laboratory manager.
Ⅳ. Testing categories, items and methods.
Ⅴ. Valid period of time.
Ⅵ. Other items designated by the central competent authority.
Article 15
Maximum validity period of permits shall not exceed five years. Extension applications shall be filed by the test organizations five to six months before the permit expire. Period of each extension will not exceed five years.
Those testing organizations apply for extension of which application documents do not comply with regulations or for which contents are incomplete shall be notified by the central competent authority to make corrections within a limited time period. Those application failed to make corrections by the deadline shall be rejected.
Those testing organizations apply for extension in accordance with subparagraph 1 within the regulated period of time that are able to be determined for the approval or rejection due to the review need of central competent authority before the expiration date of the permit, the testing organizations may continue their testing items in accordance with their original permit content during the time period from the permit expiration date to the completion date of the review.
Those testing organizations failed to apply for extension in accordance with subparagraph 1 within the regulated period of time, shall stop their testing items since the expiration date of the permit when central competent authority have not determined the approval or rejection for the application. The testing organizations may continue their testing items in accordance with their original permit content during the time period from the permit expiration date to the completion date of the review. Those failed to apply for extension before the expiration date of the permit shall lose the validity of their permits since the expiration date of the permits. One shall apply a new permit application if they want to continue the testing business of said items.