General Order No. 121, "motor vehicle safety and technical inspection supervision and management measures" 2009.10.18
No. 121

"Motor vehicle safety and technical inspection supervision and management measures" have been August 28, 2009 General Administration of Quality Supervision, Inspection and Quarantine Bureau of Finance meeting, is hereby promulgated, December 1, 2009 shall come into force. February 27, 2006 General Administration of Quality Supervision, Inspection and Quarantine announced a "motor vehicle safety inspection agency regulations" shall be repealed simultaneously.

Motor vehicle safety and technical inspection supervision and management measures

Chapter I General Provisions

In order to strengthen institutions for motor vehicle safety inspection supervision and management of the "PRC Administrative Licensing Law," "Republic of China on Road Traffic Safety Law" and its implementing regulations, "People's Republic of measurement" and its implementing rules and other relevant laws and regulations formulated.

The second motor vehicle safety inspection (hereinafter referred to as "security agencies") to carry out motor vehicle safety inspection and supervision of the implementation of security agencies should comply with these measures.

The term motor vehicle safety inspection is defined as the "PRC Road Traffic Safety Law" and its implementing regulations, in accordance with state motor vehicle safety and technical standards and other requirements for motor vehicles on the road for inspection activities including motor vehicle registration when the initial safety inspection and registration of the regular safety and technical inspection.

The term security agencies, is in the PRC, according to "Road Traffic Safety Law" and its implementation rules, in accordance with technical standards for motor vehicles and other national security requirements for motor vehicles on the road to test data to the community inspection agency issued notarized.

Article of Quality Supervision, Inspection and Quarantine (hereinafter referred to as "AQSIQ") for national security agencies conduct unified supervision and management.

The provincial quality and technical supervision department is responsible for the administrative area of ​​supervision and management of security institutions. City, county-level quality and technology supervision departments in their respective areas of responsibility within the administrative supervision and management of security institutions.

Article quality and technology supervision departments at all levels should follow the science, fair, honest and efficient principle, according to the security agencies to implement supervision and management.

Article security agencies should be strictly in accordance with relevant state laws and regulations, according to state motor vehicle safety and technical standards and implementation of relevant provisions of the motor vehicle inspection and test results.

Qualified licensed security agencies Chapter

Article security agencies set up, should follow the overall planning, rational distribution, to facilitate detection principle.

Article 7 The State security institutions should be eligible for management and measurement certificate management.

Security institutions should be in accordance with relevant laws and regulations, to obtain measurement certification inspection qualification license only after inspection and within the approved commitment to motor vehicle safety inspection.

Provincial quality and technical supervision department is responsible for the implementation of the administrative area of ​​security agency permit applications accepted qualification test, review, and certification decisions.

Article security agencies in accordance with the measurement certificate management measure implementation of relevant laws and regulations.

Article IX security agencies measurement certification, testing and application for leave to qualified acceptance, inspection and certification should be handled.

Article applied for the security agency license qualification examination shall meet the following basic conditions:

(A) has legal personality;

(B) has to meet the needs of motor vehicle safety inspection work, and by the provincial quality and technical supervision departments to appraise qualified in motor vehicle safety inspection of the technical staff;

(C) improve the work management system, a full range of motor vehicle safety inspection standards and other technical specifications documents;

(D) with vehicle type and application testing required for the project motor vehicle safety inspection of equipment and calibration equipment;

(E) motor vehicle safety inspection facilities shall be determined by the type of legitimate and effective, shall in the measuring instruments used by the quality and technical supervision departments authorized measurement institutions certified by measurement or calibration and verification or calibration period;

(F) has to meet motor vehicle safety inspection facilities, workplaces and work environment;

(Vii) other qualifications.

Article XI license application security agency inspection qualification, should be to the provincial quality and technical supervision departments to submit the following application materials:

(A) the application;

(B) and a copy of legal proof;

(C) the inspection certificate and copies of personnel assessment;

(D) verification or calibration of measuring instruments and a copy of the certificate;

(E) test line configuration details as well as testing and calibration equipment list;

(F) location, site and plant layout, the corresponding proof of ownership or legal right to use and copy;

(Vii) other relevant legal evidence.

Article XII of the provincial quality and technical supervision department, after receiving the application shall be in accordance with the "PRC Administrative Licensing Law" on the license acceptance requirements, according to the application for different situations, namely, make a deal.

Article XIII of the provincial quality and technical supervision departments after receiving the application, the organization shall promptly review the staff review of the applicant, the review including data review and field verification.

Review staff should have appropriate professional knowledge and practical experience.

Article XIV provincial quality and technical supervision departments to review the applicant shall, after the "PRC Administrative Licensing Law," review and decide on licensing procedures, deadlines and other requirements to qualify whether to approve the inspection licensing decision.

Article XV provincial quality and technical supervision departments shall qualify to receive test security agency license issued to applicants eligible for license testing and inspection special seal.

Security institutions eligible to license the test patterns, number of rules and special seal test pattern, uniform regulations by the State Administration of Quality Supervision.

Article XVI security agency inspection qualification license is valid for 3 years.

Security agencies verify eligibility period expired, continue to engage in motor vehicle safety inspection activities should be in the three months before the expiry of quality and technical supervision to the provincial department to re-apply; security sector relocation, alteration or increase the test line should be promptly to the provincial quality and technical supervision departments to apply; application acceptance, review and decision in accordance with the regulations.

Chapter III security agencies conduct

Article XVII security agencies should follow an independent, objective, impartial, to carry out the principle of good faith motor vehicle safety inspection activities.

Article 18 The institutions shall maintain the information systems security smooth, timely and quality and technical supervision departments to provide motor vehicle safety inspection information.

Article 19 The security agencies should ensure that equipment used in normal intact, according to the measuring instruments used for measurement or calibration verification, quality and technical supervision departments in accordance with the requirements of inspection and regularly participate in proficiency testing trials.

Diershitiao security agencies should establish and improve various rules and regulations and motor vehicle safety inspection files, according to state regulations on the test results and related technological information for preservation, confidentiality requirements, shall be subject to confidentiality provisions.

Twenty-one security institutions should be strengthened motor vehicle safety inspection personnel training and internal management, and continuously improve the level of inspection services.

Article 22 The security agencies shall be subject to quality and technology supervision department supervision and management, before the end of January each year to the local quality and technical supervision departments to submit the annual report.

Annual report shall include:

(A) Basic security institutions;

(B) the number of motor vehicles and other models in testing motor vehicle safety inspection operations carried out;

(C) changes in the use of testing equipment or test conditions and calibration of measuring instruments;

(D) inspection training, assessment and change the situation;

(5) The complaint, objection handling the situation;

(F) other matters that should be reported.

Article 23 The security agencies in the motor vehicle safety inspection activities found in the universality of quality and safety issues, quality and technical supervision should timely report and other relevant departments.

Article 24 of the security agencies to stop motor vehicle safety inspection for work more than 3 months should be reported to the provincial quality and technical supervision departments for the record, turned over to the inspection and testing of special qualifications license stamp, and was closed down to one month before the public.

Security agencies to stop the motor vehicle safety inspection of more than 1 year, the provincial quality and technical supervision departments eligible for cancellation of test security agencies.

Article 25 The security agency shall have the following behavior:

(A) alter, sell, lease, loan qualification test license;

(B) beyond the approved scope of the inspection carried out motor vehicle safety inspection;

(C) not in accordance with technical standards for motor vehicle inspection of national security;

(D) test is an inspection report without issuing false test results and other acts;

(E) requires motor vehicles to designated places for repair, maintenance;

(F) use the provincial quality and technical supervision department without examination or assessment of unqualified staff engaged in inspection work;

(G) without good reason prevarication or refused to deal with user complaints or objections;

(H) Other violations.

Chapter IV Supervision and Administration

Article 26 The quality and technology supervision departments at all levels should be in their respective areas of responsibility, the administrative areas of the work of security institutions and their supervision and inspection organizations.

Supervision and inspection can take the following manner:

(A) to inspect the original inspection records, inspection reports;

(B) on-site inspection motor vehicle safety inspection process;

(C) the ability to test than the test;

(D) annual audit report;

(E) to listen to interested parties on the security agencies motor vehicle safety inspection work evaluation;

(F) investigation and handling of complaints;

(G) network monitoring or other security institutions that reflect the quality of supervision and inspection methods.

Article 27 The quality and technology supervision departments at all levels during the supervision and inspection, supervision and inspection should be recorded and the outcome of the case, signed by the supervisors and inspectors archive.

Article 28 above the county level quality and technology supervision department of the security agencies in the supervision and inspection found problems should be handled according to law. Of the major problems found, shall promptly report to the higher quality and technical supervision departments to report and inform the public security organs of the traffic management and other related departments.

Article 29 The quality and technology supervision departments at all levels shall establish a complaint reporting system to receive complaints and reports of quality and technology supervision department shall promptly verify the deal.

Article 30 levels of quality and technical supervision in the supervision and inspection reports or to handle complaints, and found that national security institutions are not in accordance with motor vehicle safety and technical standards to carry out motor vehicle safety inspection, issuing false test results, should be transferred to public security organs of the traffic management department.

Chapter V Legal Liability

第三十一条 not eligible to obtain license test without carrying out technical inspection of motor vehicle safety, above the county level by the quality and technical supervision departments to be a warning, impose a $ 30,000 fine. Security agencies to carry out beyond the approved scope of motor vehicle safety inspection test, above the county level by the quality and technology supervision department shall order rectification of 3 million fine; serious cases, by the provincial quality and technical supervision department shall cancel the qualification test security agencies .

Article 32 of the following circumstances, constitute a crime shall be investigated for criminal responsibility; constitute violations of relevant laws and regulations, shall be subject to administrative penalties; not constitute violations of relevant laws and regulations, and above the county level local quality and technical supervision departments to be a warning and impose a fine of 30,000 yuan; the circumstances are serious, by the provincial quality and technical supervision departments shall revoke security agencies verify eligibility:

(A) alter, sell, lease, loan inspection certificate;

(B) failing to test the ability to participate in trials than on;

(C) is not in accordance with relevant provisions of the test results and related technical data to save, not changed in late;

(D) without the approval of the provincial quality and technical supervision department, without relocation, alteration or increase the test line to carry out technical inspection of motor vehicle safety;

(E) refusing to accept supervision and management.

Article 33 The security agencies without examination or assessment failed to engage in motor vehicle safety inspection work, and above the county level by the quality and technical supervision departments to be a warning, impose a security agency for more than five thousand dollars fine of 10,000 yuan ; the circumstances are serious, by the provincial quality and technical supervision departments shall revoke security agencies verify eligibility.

Article 34 of the following circumstances, above the county level by the quality and technology supervision department shall order correction, it fails to do, a fine of 10,000 yuan:

(A) failing to submit annual reports or verification information;

(B) requires motor vehicles to designated places for repair and maintenance;

(C) buck-passing or refused to deal with user complaints or objections.

Article 35 of the security agencies to stop the motor vehicle safety inspection for three months, not the provincial quality and technical supervision departments for the record, or turned over to the inspection certificates, inspection and special seals, or stop the motor vehicle safety inspection is not notice to the community, and above the county level by the quality and technology supervision department shall order correction and impose a 10,000 yuan to 30,000 yuan fine.

Article 36 The security agencies are not in accordance with technical standards for motor vehicles to carry out national security, motor vehicle safety inspection, testing that is issued without issuing false inspection reports and other test results, shall be punished by the authorities.

Article 37 in the motor vehicle safety inspection staff in the inspection activities, accepting bribes to post self-serving, the provincial quality and technical supervision departments shall revoke its assessment Qualified; serious cases, the transfer of the relevant departments held accountable.

Article 38 The quality and technology supervision department staff in the security sector supervision and management activities in the abuse of power, dereliction of duty, corruption, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.

Chapter VI Supplementary Provisions

Article 39 The import and export of motor vehicle safety inspection to bear the body of supervision and management, according to "Republic of China Import and Export Commodity Inspection Law" and its implementing regulations of the relevant regulations.

Article 40 military and special management of motor vehicle safety inspection, in accordance with relevant regulations.

Article 41 These Measures shall be interpreted by the AQSIQ.

Article 42 These Measures shall December 1, 2009 shall come into force. February 27, 2006 AQSIQ issued a "motor vehicle safety inspection agency regulations" shall be repealed simultaneously.