| Legislative： |
1.Original 21 articles jointly formulated and announced on Nov. 5, 2003 by Environmental Protection Administration Order Huan-Shu-Kung-Tzu No. 0920075677D and Ministry of Transportation and Communications Order Chiao-Lu-Fa-Tzu No. 092B000094.
2.Article 12, Appendix 3 jointly revised and announced on Feb. 10, 2006, by Environmental Protection Administration Order Huan-Shu-Kung-Tzu No. 0950006627D and Ministry of Transportation and Communications Order Chiao-Lu-Tzu No. 09500850081.
3.Full text of 22 articles jointly revised and announced on Aug. 10, 2009, by Environmental Protection Administration Order Huan-Shu-Kung-Tzu No. 0980064266D and Ministry of Transportation and Communications Order Chiao-Lu-Tzu No. 0980085043; also revised was the Chinese name of the law, which originally read “Regulations Governing the Issuance (Replacement) and Revocation of Compliance Certification and Sample Testing for New Vehicle Model Noise Inspections”.
4.Revisions to Articles 2, 3, 9, 11, 14, 15, 17, 18, and Appendices 1, 3, 4 promulgated in Environmental Protection Administration, Executive Yuan Order Huan-Shu-Kong-Tzu No. 1000104098D and Ministry of Transportation and Communications Order Chiao-Lu-Tzu No. 1000011081 on December 31, 2011.
5.Revisions to Articles 2, 6, 12 and Appendices 1, 4 promulgated in Environmental Protection Administration, Executive Yuan Order Huan-Shu-Kong-Tzu No. 1040044432D and Ministry of Transportation and Communications Order Chiao-Lu-Tzu No. 10400124031 on June 10, 2015.
6.Revisions to Articles 2 to 5, 11 and Appendices 1, 2, 4 promulgated in Environmental Protection Administration, Executive Yuan Order Huan-Shu-Kong-Tzu No. 1070107111 and Ministry of Transportation and Communications Order Chiao-Lu-Tzu No. 10700370561 on January 3, 2019. |
| Content： |
Article 1
These Regulations are determined pursuant to Article 12, Paragraph 3 of the Noise Control Act (herein referred to as this Act).
Article 2
Terms used in these Regulations are defined as follows:
I."Motor vehicle" refers to vehicles running on roads and not dependent on tracks or a power framework that are driven by an internal combustion engine or electrical motor; types of motor vehicles include the following:
(1)Gasoline and alternative clean fuel engine vehicles among them (herein referred to as "'gasoline vehicles").
(2)Diesel and alternative clean fuel engine vehicles among them (herein referred to as "diesel vehicles").
(3)Motorcycles.
(4)Vehicles with at least four wheels driven by electric motors (herein referred to as "electric vehicles").
(5)Vehicles with at least four wheels simultaneously possessing two sources of motive power, such as an internal combustion engine and electric driving motor (herein referred to as "'hybrid electric vehicles").
(6)Vehicles with two or three wheels simultaneously possessing two sources of motive power, such as an internal combustion engine and electric driving motor (herein referred to as "hybrid electric motorcycles")
(7)Vehicles with two or three wheels driven by electric motors (herein referred to as "electric motorcycles ").
II."Engine family" refers to engine families as defined in the Regulations Governing Issuance, Revocation, and Cancelation of Compliance Certificate for Gasoline and Alternative Clean Fuel Engine Vehicle Emissions Inspection Compliance, Regulations Governing Issuance, Revocation, and Cancelation of Compliance Certificate for Motorcycle Configuration Emissions, and Regulations Governing Issuance, Revocation, and Cancelation of Compliance Certification for Diesel and Alternative Clean Fuel Engine Vehicle Emissions Inspections.
III."Identical vehicle type configuration" means as follows:
(1)1st to 5th period of Noise Control Standards: motor vehicles with the same basic engine configuration, transmission system, body shape, and engine installation location.
(2)6th period and later periods of Noise Control Standards:
1.Vehicle types of category L: motor vehicles with the same basic engine configuration, transmission system and silencing system.
2.Vehicle types of categories M1, N1, and M2 ≤ 3.5 tons gross vehicle weight: motor vehicles with the same engine compartment, basic engine configuration, and silencing system.
3.Vehicle types of categories M2 > 3.5 tons gross vehicle weight, M3, N2 and N3: motor vehicles with the same engine compartment, basic engine configuration, and target conditions.
IV."Body manufacturing plant" refers to vehicle body manufacturers that have obtained certification from the industry competent authority.
V."Model year" refers to the calendar year in which the motor vehicle manufacturer began mass producing said model.
VI."Motor vehicle noise control equipment" refers to equipment and components used to control noise outside of the vehicle and include exhaust mufflers, sound absorption materials installed within the engine room, insulation board installed around the engine, and other related components.
VII."Motor vehicles in foreign use" refers to motor vehicles that have been registered with and licensed by the transportation oversight unit in the exporting country; such motor vehicles must have received a verifying import and excise tax payment (exemption) certificate from customs at the time of import.
Article 3
Vehicles must comply with the relevant regulations of motor vehicle noise control standards and the Regulations before the central competent authority may issue a vehicle model noise inspection compliance certification (herein referred to as "compliance certification").
When the vehicle models applying for compliance verification in the foregoing paragraph do not have the same engine family, separate applications for compliance verification must be made; vehicle models having the same engine family shall be distinguished on the basis of vehicle type configuration.
When applying for compliance verification in the foregoing paragraph, if motor vehicles with the same engine family simultaneously comply with relevant exhaust emissions and noise testing regulations, they may jointly apply for exhaust emissions and noise compliance verification; or, when needed by the applicant, separate applications for exhaust emissions or noise compliance verification may be made.
If motor vehicles that comply with the 6th period or later periods noise control standards were classified as different vehicle types of categories for noise in motion or noise control limits for stationary noise, the compliance certifications shall be applied individually.
Domestic (depend on date of manufacture) and imported (depend on date of shipment) electric vehicles shall require compliance verification from 1st February, 2012; domestic (depend on date of manufacture) and imported (depend on date of shipment) electric motorcycles shall require compliance verification from 1st February, 2019.
Article 4
Those applying for compliance certification shall abide by the following regulations:
I.For domestically manufactured motor vehicles, the manufacturer of the motor vehicle shall submit the application.
II.Applications for imported motor vehicles shall be submitted by an agent designated by the manufacturer of said motor vehicle or the importers association for said gasoline vehicles, diesel vehicles, and motorcycles.
III.For diesel vehicles with bodies manufactured domestically:
(1)The body manufacturing plant association shall submit the application.
(2)The motor vehicle chassis manufacturing plant, or the designated agent thereof, or the motor vehicle chassis importer association shall submit the application.
(3)The motor vehicle chassis manufacturer, or the designated agent thereof, or the motor vehicle chassis importer association and the body manufacturer shall jointly submit the application.
IV.For imported motor vehicles procured by government agencies at all levels, such agencies shall directly submit the application or commission the awarded tenderer to submit the application.
V.For motor vehicles individually imported from overseas, the owner shall submit the application.
Article 5
Applications for compliance certification shall submit documents as prescribed in Appendix 1 to the central competent authority. The central competent authority may require the applicant to select one or more vehicles to perform testing at the designated noise test site of the central competent authority when applying for the certificate of conformity and the cost of the test shall be borne by the applicant.
The central competent authority, after having accepted the compliance certification application as set forth in the foregoing paragraph, shall complete the inspection and issuance of the compliance certification within 20 days. If the information in an application does not comply with regulations, said application shall have a limited period in which to make the necessary corrections; the number of days for making corrections shall not be calculated within the review period and the number of days for making corrections may not exceed 30 days.
The central competent authority may enter the applicant's inspection room, factory and sales office to inspect if the relevant records are consistent with the design specifications contained in the application while performing the examination of the preceding paragraph; and send personnel or designated professional organizations to jointly inspect their vehicles for vehicle examinations, inspection, maintenance or sales adjustment process.
Article 6
Noise inspection reports submitted in application for compliance certification pursuant to Appendix 1 shall, according to Article 5, choose a representative vehicle pursuant to Appendix 2 and shall be limited to those analysis and testing organizations designated by the central competent authority.
Those analysis and testing organizations designated by the central competent authority in the foregoing paragraph shall build up testing examination number, video record and transmission system, and shall accept the examination by the authorization institution commissioned by the central competent authority.
Those analysis and testing organizations shall bear the expenses for processing testing examination number, inspecting video record and transmission which are examined by the authorization institution commissioned by the central competent authority in the foregoing paragraph. The items and expenses for processing of testing examination number, and examination of video record and transmission shall be submitted and approved by the central competent authority.
Article 7
An applicant who plans to continue manufacturing or importing in the following year a motor vehicle that has already obtained compliance certification shall apply to the central competent authority for continued use of the compliance certification in the following model year.
Applicants may be issued a renewed compliance certification after the following information has been verified and approved for compliance by the central competent authority:
I.The vehicle model is identical to the previous vehicle model.
II.The impact of noise from the vehicle model is identical to that of the model from the previous year, or the next vehicle model year has already been issued compliance certification from a European Union member country.
Article 8
Applicants making partial revisions to vehicle type configuration information and continuing to use the original vehicle type configuration shall apply with central competent authority to make the necessary revisions to the compliance certification.
Applicants may be issued a revised compliance certification after the following information has been reviewed and approved for compliance by the central competent authority:
I.Comparative data on vehicle type configuration before and after revision;
II.Proof that the items affected by vehicle noise are the same;
III.The vehicle model has the same noise features.
Article 9
Applicants shall apply for compliance certification extension from the central competent authority prior to adding a new model to the same vehicle type configuration.
Applicants may be issued compliance certification extension after the following information has been reviewed and approved for compliance by the central competent authority:
I.Information regarding said extended vehicle model.
II.Proof that the items affected by vehicle noise are the same.
III.The vehicle model has the same noise features
IV.If, after assessing the information from the first to the foregoing subparagraph, the central competent authority judges that an extended vehicle model may significantly affect noise, the applicant shall submit a testing report from an analysis and testing organization designated by the central competent authority to prove that the noise values of the extended vehicle model do not exceed the tested noise value of a representative vehicle of that vehicle type by 2dB(A).
Article 10
The noise control equipment, labeling and all relevant items pertaining to noise impact of a mass produced motor vehicle that has obtained compliance certification shall be consistent with the data that were recorded at the time of compliance certification application.
Article 11
When a mass production motor vehicle has obtained compliance verification, the applicant must, prior to the 20th day of each month, submit statistical analysis information from quality control testing during the previous month to the central competent authority for future reference. The noise control limits shall be fulfilled as follows:
(1)For the 1st to 5th periods of motor vehicle noise quality control, the standards shall be in accordance with the noise control limits for motor vehicles in each corresponding period.
(2)For the 6th period and later periods of motor vehicle noise quality control, the standards shall be increased by 1 dB(A) from the control limits of the corresponding period.
If the results of quality control of a motor vehicle do not comply with noise control limits, the reason for noncompliance and corrective methods should be explained. When test results of quality control reveals that the noise value of a motor vehicle is 3dB(A) greater than that of the representative vehicle for that vehicle type, the central competent authority may designated that model to receive prioritized new vehicle sample testing.
Article 12
Quality control testing of the foregoing article shall be conducted in accordance with the following regulations:
I.The quality control plan for those directly executing quality control testing shall comply with the regulations in Appendix 3 and shall be reported to the central competent authority for approval. Random sample testing ratios shall be as follows:
(1)For each gasoline and diesel vehicle configuration less than 3.5 tons produced or imported, a minimum sample testing ratio of one vehicle in 500 shall be used; once 2,500 vehicles have been reached, at least 5 vehicles shall be tested.
(2)For each gasoline and diesel vehicle configuration over 3.5 tons produced or imported, a minimum sample testing ratio of one vehicle in 100 shall be used; once 500 vehicles have been reached, at least 5 vehicle shall be tested.
(3)For each motorcycle configuration produced or imported, a minimum sample testing ratio of one vehicle in 2,000 shall be used; once 10,000 vehicles have been reached, at least 5 vehicles shall be tested.
II.Commissioned analysis and testing organizations approved by the central competent authority that implement quality control testing shall conduct sample testing according to the following ratios, and at least one vehicle shall be sampled and tested if the following ratios do not be satisfied :
(1)A minimum of one vehicle in 250 for each gasoline and diesel vehicle configuration less than 3.5 tons produced or imported.
(2)A minimum of one vehicle in 50 for each gasoline and diesel vehicle configuration over 3.5 tons produced or imported.
(3)A minimum of one vehicle in 1,000 for each motorcycle configuration produced or imported.
Article 13
The central competent authority may conduct sample testing on a new vehicle for a vehicle type configuration that has obtained compliance certification at least once a year.
The determination of the selection process, testing methods, and testing results for new vehicle sample testing of the foregoing paragraph and other matters that require attention shall be conducted in accordance with the regulations in Appendix 4.
Article 14
Applicants not using the model year and vehicle type configuration as the basic unit of their motor vehicle application shall submit the following documentation to the central competent authority when applying for compliance certification:
I.Original and photocopy of import and commodities tax payment (or exemption) certificate (herein referred to as "tax payment (or exemption) certificate") by the customs authority for said motor vehicle issued (domestically produced vehicles exempted).
I.Testing report issued by a central competent authority approved analysis and testing organization on compliance with motor vehicle noise control limits (herein referred to as the “testing report”).
II.Factory certification or other documentation approved by the central competent authority.
Article 15
Applicants who import in-use motor vehicles from overseas shall submit the following documents to apply to the central competent authority for compliance certification as individual vehicle:
I.Original and photocopy of the import and commodities tax payment (exemption) issued by the custom authority for the said motor vehicle.
II.Testing report.
III.Factory certification or other documentation approved by the central competent authority.
Article 16
The central competent authority may cancel compliance certification in any one of the following circumstances:
I.Violation of Article 10.
II.A determination of non-compliance for new vehicle sample testing pursuant to Article 13; and
III.The information submitted in a compliance certification application proves to be false.
Article 17
The central competent authority may commission other agency (organization) to implement matters such as compliance verification review, issuance, fee collection, and sample testing of new vehicles.
Article 18
If any of the relevant documents in these Regulations are in a foreign language other than English, Chinese translations notarized by an overseas embassy or representative office or domestic notary public must be attached.
Article 19
As for testing reports that have been submitted in accordance with these Regulations, the central competent authority may determine whether the said report meets compliance certification based on relevant records and results obtained during the testing process.
Article 20
The applicant shall bear all necessary expenses for testing by analysis and testing laboratories in accordance with these Regulations.
Article 21
Noise analysis and testing in accordance with these Regulations shall only be conducted by personnel that have passed training by the central competent authority or the organizations commissioned by the central competent authority, and have obtained a qualification certificate attesting to such training issued by the central competent authority.
Article 22
These Regulations shall take effect on the date of promulgation. |