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Press Release

Cabinet Decision on a Bill for Nonroad Special Motor Vehicles Exhaust Regulation

March 7, 2005

A bill regulating exhaust gas from specified special motor vehicles which do not operate on public roads will be decided by the Cabinet on March 8, 2005.

The status of air pollution in many of metropolitan areas is still in severe condition. Various measures are taken to achieve the goal, i.e., to achieve environmental quality standards related to nitrogen oxides and suspended particulate matters by FY2010 stipulated in the Automobile NOx/PM Law.

Of the special motor vehicles, those which do not operate on public roads, such as motor vehicles used for construction and manufacturing purposes (so called nonroad special motor vehicles), contribute significantly to air pollution (their contribution in the exhaust gas for overall motor vehicles attributes 25% in nitrogen oxides and 12% in suspended particulate matters). Nevertheless, their exhaust gas currently is not controlled.

Hereafter, regulated value of on-road special motor vehicles will be enhanced from FY 2006 to further improve atmospheric condition. Since it is possible to load the same engine for both on-road and nonroad vehicles, it is rational to introduce exhaust gas control for nonroad special motor vehicles simultaneously with the enhancement of regulated value for on-road specialized motor vehicles. The control value will be the same for both on-road and nonroad motor vehicles. Based on this bill, it is estimated to reduce 90,000 tons of nitrogen oxides and 2, 000 tons of suspended particulate matters by FY 2010.

<Outline of the Bill>

The bill sets technical standard related to exhaust gas reduction performance of nonroad special motor vehicles based on the regulation for ordinary on-road motor vehicles. Basically, users are obliged to use vehicles conforming to the requirement. In order to implement the obligation smoothly, manufacturers and importers are allowed to indicate their conformity on their vehicles.

1.Type approval of engines
(i) For engines to be loaded on the nonroad special motor vehicles (specified engines), exhaust gas emission standards for environmental conservation shall be set.
(ii) Manufacturers and importers can apply to the competent Minister for approval of engine model which certify that all engines under the same model shall conform with exhaust gas emission standards (type approval).
(iii) Those who acquired type approval of engine for on-road special motor vehicles are deemed as acquiring type approval mentioned in (ii) above. As for application of type approval of engines for on-road vehicles, the engines with acquired type approval mentioned (ii) can be applicable to simplified procedures.

2. Type notification of nonroad special motor vehicle
(i) Necessary technical standards shall be set for body of specified nonroad special motor vehicles for environmental conservation.
(ii) Manufacturers and importers of nonroad special motor vehicles can report to the competent Minster the type of nonroad special motor vehicles (including type of specified engines to be loaded).
(iii) Notifying party in (ii) shall load the specified engines approved for the type. The party should inspect that the body conforms to the technical standards and keep record of the inspection.
(iv) Those notifying party who implemented inspections can indicate that the vehicles went thorough the inspection.
(v) For nonroad special motor vehicles with small production, manufacturers and importers can attach the indication when they are approved by the competent Minister.

3. Regulation for nonroad special motor vehicles
(i) Nonroad special motor vehicles cannot be used without the indication. Those vehicles which are inspected by the competent Minister and confirmed of its conformity to the technical standards prior to the usage can be used.
(ii) When nonroad special motor vehicle does not conform to the technical standards, competent Minister shall order the user to take necessary measures.
(iii) The government shall formulate guidelines for users to reduce exhaust gas emission from nonroad special motor vehicles.

4. Registered inspection organization
(i) Accreditation procedure and its standard, procedure for changes and abolition of the registered inspection organizations which undertake practical procedure for accreditation (inspection for type approval of 1. (ii) above and inspection of 3. (i) above) on behalf of the government shall be formulated.
(ii) Management matters such as working rules, financial statements, business improvement order shall be formulated for the registered inspection organization.

5. Competent ministers
The competent Ministers are the Minister of the Environment, the Minister of Economy, Trade, and Industry, and the Minister of Land and Transport, except for the followings.
- 3. (ii) above
The Minister of the Environment and the minister responsible for relevant business activities.
- 3. (iii) above
The minster responsible for relevant business activities.

6. Partial amendment to the Air Pollution Control Law

The Minister of the Environment shall establish permissible limit of exhaust gas emission from nonroad special motor vehicles.

7. Transitional measures

Articles concerning 3 above shall not apply for nonroad special motor vehicles manufactured before the enforcement of the law.

8.Enforcement schedule

- Aside from 3. (i) and (ii) above

After the promulgation, it will be enforced within one year from the date set by the cabinet order.
- 3. (i) and (iii) above
After the promulgation, it will be enforced within one and half years from the day set by the cabinet order.

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