· 25 provinces and municipalities trials within 6 years of car environmental protection exemption is suspected illegal

At the two local conferences and conferences being held, air pollution prevention and control is one of the most heated issues discussed by the deputies. In their view, air pollution still needs to be strictly controlled.
However, in the face of not easy air pollution prevention and control, many cities including Beijing have already given up environmental testing for non-operating vehicles within six years.
"I don't understand very much. The Ministry of Environmental Protection has not officially issued corresponding policies. How many provinces and cities have taken the initiative to exempt non-operating vehicles from environmental testing within six years." Yan Lanqing, chairman of the Zhongguancun Air Pollution Prevention and Control Alliance Council, said. How much pressure does this have on the prevention and control of atmospheric pollution?
The environmental protection inspection of motor vehicles (hereinafter referred to as the environmental inspection) is mainly to establish a supervision system for vehicle exhaust emissions. The state controls the motor vehicles by issuing yellow or green environmental protection signs to motor vehicles and conducting environmental inspections for two years or once a year. Exhaust emissions, thereby improving air quality.
Just recently, the Zhongguancun Air Pollution Prevention and Control Alliance invited experts from China Automotive Industry Association, China Vehicle Maintenance Association, Beijing University of Technology, Beijing Institute of Technology, Sichuan University and other institutions to hold a seminar to discuss whether it should be a six-year non- Operating the car free of inspection.
Whether there is a law in the exemption from inspection. Before September last year, all provinces and cities across the country implemented the car inspection system. Among them, the car in 6 years, once every two years, the car more than 6 years, once a year.
The change occurred on May 16 last year. On this day, the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine jointly promulgated the "Opinions on Strengthening and Improving the Inspection of Motor Vehicles" (hereinafter referred to as "Opinions"), which stipulates that non-operating cars and other small and micro passenger cars (vans, 7 Except for vehicles with more than 7 seats, the system is exempted from inspection within 6 years. On September 1, the policy began to be piloted nationwide.
This opinion is exempted from the safety inspection of cars. What many people did not think is that Beijing, Shanghai, Jiangxi, Heilongjiang and other provinces and cities will also be included in the scope of the six-year exemption.
According to Yan’s statistics, since September 1 last year, 25 provinces and municipalities across the country have begun to implement the policy of exempting inspection of cars within 6 years. "The Ministry of Environmental Protection has not yet issued a corresponding policy."
According to Yan Lanqing, the safety inspection was carried out by the Ministry of Public Security in accordance with the Road Traffic Safety Law, and the environmental inspection was carried out by the Ministry of Environmental Protection in accordance with the Law on the Prevention and Control of Air Pollution. For the convenience of the public, most safety inspection stations are currently responsible for environmental inspection.
Then, what are the legal basis for multiple provinces and municipalities to take the environmental inspection into the scope of exemption?
According to public information, on June 23 last year, the Ministry of Public Security issued a "Notice on Implementing the Opinions on Strengthening and Improving Motor Vehicle Inspection Work". The notice mentioned that “the Ministry of Environmental Protection of the People's Republic of China, from September 1, 2014, the exemption of vehicles for inspection within 6 years from the “Opinions” shall be exempted from environmental inspection at the same time. The specific provisions shall be subject to the documents of the Ministry of Environmental Protection.”
Zhou Hao, a professor at the Law School of Renmin University of China and executive director of the China Environmental Resources Law Research Association, told the China Youth Daily that if the Ministry of Public Security solicited the opinions of the Ministry of Environmental Protection, it can be speculated that the Ministry of Environmental Protection has sufficient research and data to support this policy. Under such circumstances, it is legal and reasonable for all localities to implement a six-year free inspection according to the regulations of the Ministry of Public Security.
"However, the environmental inspection policy should not simply take the safety inspection of the car." Zhou said.
Yu Wenguang, an associate professor at the School of Law of Renmin University of China and a researcher at the Institute of Comparative Law at the Research Center for Constitutional and Administrative Rule of Law at Renmin University of China, pointed out that the implementation of an administrative regulation must first be based on whether there is a restriction on the upper law. That is to say, if the main laws governing the discharge of motor vehicles, such as the Air Pollution Prevention Law and the Environmental Protection Law, have mandatory obligations for the motor vehicle's environmental inspection, then if the lower law or other regulations conflict with it, the regulations are invalid. of.
China's "Air Pollution Prevention and Control Law" provides for this: an annual inspection of motor vehicle exhaust pollution in accordance with the regulations.
"This is indeed a problem. If there is a conflict, the upper-level law cannot be violated." Zhou said that it depends on how the relevant departments explain the problem.
According to Yan Lanqing, on December 3 last year, the Ministry of Environmental Protection's Department of Pollution Prevention and Control held a meeting to "exempt the inspection of non-operating cars within six years, integrate environmental protection and safety inspection procedures, strengthen the supervision and inspection of motor vehicle environmental protection, and vigorously promote remote sensing. Monitoring and other content solicited opinions from participants.
She told reporters that three experts were invited at the meeting and they all opposed it.
“After the consultation, the Ministry of Environmental Protection has formulated the “Notice on Further Improving the Service for Strengthening the Environmental Protection of Motor Vehicles” (No Draft for Soliciting Opinions), but it has not been disclosed to the public.” Yan Yanqing said that this consultation draft provides Non-operating cars and other small and micro passenger cars (except vans, 7-seat and 7-seat vehicles) that have been tested for less than 6 years will be exempted from exhaust gas on-line inspection during regular environmental inspections.
When the above-mentioned vehicles are inspected regularly for environmental protection every two years, the motor vehicle owner can directly apply to the environmental protection department for environmental protection signs by providing a motor vehicle driving license and a copy of the last environmental protection mark. If there is a violation of environmental protection violations, it is required to conduct on-line emission testing.
This draft for comment is puzzling. Since the car environmental inspection is exempted within 6 years, why should we receive an environmental label every two years?
"Since it has been exempted from the environmental inspection of cars in 6 years, how can we know if its exhaust emissions are qualified? Based on what is the environmental protection mark?" said Han Yingjian, a researcher at the Motor Vehicle Emissions Monitoring Center of the Ministry of Environmental Protection.
Not only that, China's "Light Vehicle Emission Pollutant Emission Limits and Measurement Methods" (GB18352 series) have detailed regulations on the emission limits and treatment methods of different emission vehicles. For example, a National IV vehicle must be inspected for compliance in the vehicle at 5 years or 100,000 kilometers (whichever comes first). That is to say, in any year, when the mileage is reached, the emission test must be carried out. “There should be no exemption for 6 years.” Chen Yaoqiang, director of the Institute of Catalytic Materials at Sichuan University, said.
The China Youth Daily reporter contacted the Ministry of Environmental Protection on this issue, but has not received a reply so far.
Exhaust emissions from motor vehicles are not optimistic. So, does the abandonment of the inspections of cars in the past six years mean that the exhaust emissions of current vehicles are up to standard?
Many experts have a negative attitude towards this. They believe that due to the lack of maintenance and detection of vehicles, the lack of strict supervision of new vehicle exhaust emissions, and uneven fuel quality, the exhaust emissions of motor vehicles are not optimistic, "do not approve of the exemption from environmental inspection."
According to the data provided by Yan Lanqing, as of the end of 2012, China's automobile ownership exceeded 108 million, of which non-operating vehicles accounted for about 95%, and its sewage discharge exceeded 60% of total pollutant discharge. "If the 6-year exemption, it means that more than 60% of the vehicle exhaust emissions are unsupervised for a period of time." Yan Yuqing said.
Yan Yanqing believes that relaxing the supervision of environmental inspection will directly lead to increased air pollution, which is extremely harmful to the public. "Although the current supervision is not strict, the environmental inspection is indeed done, which will urge private car owners to maintain their own cars, but if they are exempted from inspection, people will not pay attention to the exhaust emissions of their vehicles."
She believes that the pollutants emitted by motor vehicles are the main reason for the formation of urban haze. "Now the main pollutants in the city are not controlled, and they are exempt from inspection, so pollution will only increase."
It is understood that the exhaust gas from motor vehicles mainly relies on automobile exhaust gas purification catalyst. According to experts, its effectiveness has the most direct effect on the exhaust emissions of motor vehicles.
According to data given by Chen Yaoqiang, the nitrogen and oxygen emissions of a car that has traveled 160,000 kilometers have been reduced by 174 times after replacing the catalyst. Chen Yaoqiang said: "By replacing the catalyst, it can be used from new cars to scrapped, and emissions are always up to standard."
Chen Yaoqiang said that at present, China has not effectively supervised and managed the replacement of catalytic converter parts.
For new cars that have just been manufactured, their exhaust emissions are not necessarily up to standard. In recent years, the media has exposed many new cars that are not up to standard, and they have entered the market through “buying the standard”. As a result, some vehicles have not reached the standard, but they have become the vehicles without inspection.
"This is a serious phenomenon." In Han Yingjian's view, China's motor vehicles have the phenomenon of unqualified fuel quality, and there are problems such as excessive limits and fraud in the use of vehicles, which are all buried in China's air pollution problems. Hidden dangers. If you want to get rid of the ring check, it will be a terrible thing.
Another problem has surfaced. Can the environmental inspection detect the unqualified motor vehicles? Surprisingly, this is also a controversial issue.
According to any of the directors of the Department of Catalysis Chemistry and Nanoscience at Beijing University of Technology, every emission class vehicle has a standard exhaust gas detection process. Taking the national V car as an example, the complete testing cost of a car is several hundred thousand yuan, which is unavoidable by the testing factory. Therefore, the current vehicle inspection is mainly through the simple transient condition method and the double idle detection method. This test result is "just a simple general judgment."
In fact, the relevant departments are still testing other testing methods.
On December 24 last year, the National Development and Reform Commission, the Ministry of Environmental Protection, the Ministry of Public Security, and the Ministry of Transport and other 12 ministries and commissions jointly issued the "Strengthening the "Car, Oil, and Road" Coordination and Accelerating the Comprehensive Prevention and Control Plan for Motor Vehicle Pollution, one of which was written. Dao, “From 2015 to Beijing, Tianjin, Hebei, the Yangtze River Delta, the Pearl River Delta, and other cities at the prefecture level and above, the implementation of remote sensing detection method.
This method is still controversial. He Hong said that taking the national V car as an example, when a motor vehicle passes the remote sensing test to detect that the exhaust gas is unqualified, if the traffic control department performs law enforcement, the owner may not recognize the result of remote sensing detection, because remote sensing is not such a vehicle. Standard exhaust emission testing method.
Contradictions have arisen. If the owner asks to use the exhaust emission test standard of the national V standard for testing, it will generate an inspection cost of several hundred thousand yuan per vehicle. It is very likely that the traffic control department will not conduct law enforcement on vehicles that detect unqualified exhaust gases by remote sensing.
"If remote sensing is used to detect unqualified vehicles, but the regulatory authorities are afraid to enforce the law, then what is the role and significance of remote sensing detection, and its results have no value?" He Hong said.
From the time of production, the certification system for exhaust emissions should be established. Within six years, motor vehicles are exempt from environmental inspections, and not everyone is opposed.
Mr. Dong, the owner of Shijiazhuang, Hebei, very much welcomes this policy. Although his car has exceeded the scope of the exemption, he obviously felt much more convenient than before in the car inspection in November last year. Except for the few people, the car does not need to line up and take photos. "I went to the same inspection station. Anyway, it saves a little more than before, and many processes have helped you get it done. It's convenient."
Some experts also believe that the six-year free inspection of motor vehicles is not without merit. This is indeed a policy of saving people and saving money.
Xu Yanhua, deputy secretary-general of the China Association of Automobile Manufacturers, published an article in his blog titled "There should be no trials for non-operating cars within six years." She mentioned that “eligible car owners can really benefit, and exempting the environmental inspection within 6 years does not mean relaxing supervision, and should be treated positively.”
He Hong also holds a similar view. He believes that if the six-year exemption inspection is carried out, the convenience of the people must be greater than the impact on the environment.
“Relying on environmental protection to control the emission of pollutants, such measures are not effective.” He Hong said that at present, the number of motor vehicles in China is very large. If the inspections are carried out on schedule, the workload is huge, and the inspection of the inspection stations is carried out. Quality will have an impact. If you compress a part of the inspection work and do a solid job of inspection, this is beneficial to both the government and the public.
Although it is believed that the exemption from inspection does not mean deregulation, Xu Yanhua also said that the mileage of all non-operating vehicles varies greatly within 6 years. Therefore, whether the vehicle emissions are up to standard should be linked to the mileage.
Xu Yanhua believes that the state should effectively strengthen the regulation of emissions from in-use vehicles and use modern information technology to improve supervision. In her view, it is now possible to implement remote sensing technology plus professional assessment to identify vehicles that do not meet the standards. In the long run, real-time monitoring of all vehicles in use should be covered through intelligent networked vehicles and related infrastructure development and cloud technology applications. .
“I believe that a certification system for exhaust emissions should be established from the time of production of the vehicle.” He Hong said. Once the certification is found to be unsatisfactory, the company will encounter high fines and even criminal detention, and even cause the entire enterprise to close down. Therefore, the government does not need special inspection after the product enters the market. “This has reduced the inspection workload and promoted the development of the entire automotive industry, while also saving a lot of testing costs and investment”.

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