Exhaust Gas Emission Control Regulation Amendment Published in the Official Gazette

exhaust gas emission control regulation amendment published in the official gazette
Exhaust Gas Emission Control Regulation Amendment Published in the Official Gazette

The "Regulation Amending the Regulation on Exhaust Gas Emission Control" prepared by the Ministry of Environment and Urbanization entered into force after being published in the Official Gazette.

The Ministry amended the Regulation on Exhaust Gas Emission Control in order to determine the procedures and principles of EGEDES implementation, to reduce paper consumption, to accelerate the service process, to reduce bureaucracy and to increase the efficiency of exhaust emission measurement processes.

The regulation also aims to protect living creatures and the environment from the effects of air pollution caused by exhaust gases from motor vehicles, and to reduce exhaust gas pollutants.

Regulation Amending Exhaust Gas Emission Control Regulation

ARTICLE 1 - Article 11 of the Regulation on Exhaust Gas Emission Control published in the Official Gazette dated 3/2017/30004 and numbered 3 has been changed as follows.

UM ARTICLE 3 - (1) This Regulation has been prepared on the basis of the additional article 9 of the Environment Law dated 8/1983/2872 and numbered 4 and the article 10 of the Presidential Decree No.7 on the Presidential Organization, published in the Official Gazette dated 2018/30474/1 and numbered 103. "

ARTICLE 2 - The expressions of "Ministry of Transport, Maritime Affairs and Communications" in subparagraphs (b), (h) and (i) of the first paragraph of Article 4 of the same Regulation have been changed to "Ministry of Transport and Infrastructure", paragraph (p) has been changed as follows and clause has been added.

"P) Traffic law enforcement: Police officers in the traffic organizations of the General Directorate of Security and the Gendarmerie General Command,"

"T) EGEDES: A system that works in integration with the Exhaust Gas Emission Measurement Tracking System for the purpose of auditing the exhaust gas emissions of motor vehicles, using mobile license plate recognition systems and called the Exhaust Electronic Control System,"

ARTICLE 3 - The last sentence of the first paragraph of Article 5 of the same Regulation has been repealed.

ARTICLE 4 - The phrase "in the Motor Vehicle Traffic Document" in the subparagraph (c) of the second paragraph of Article 6 of the same Regulation has been changed to "in the vehicle registration records", the third, fourth and fifth paragraphs of the same article have been changed as follows and the following paragraph has been added to the same article.

“(3) Exhaust gas emission measurements of motor vehicles in the inventory of the Presidency Directorate of Administrative Affairs, Turkish Armed Forces, General Directorate of Security, Gendarmerie General Command and National Intelligence Organization are carried out in accordance with the measurement periods, measurement procedures and principles defined in this Regulation and TS 13231 Standard. It is made with their own exhaust gas emission measuring devices. Measurements are not recorded in the exhaust gas emission measurement monitoring system. If there is no measuring device in the institution, measurements are made in agreement with the provincial directorates or other institutions with the same exemption.

(4) In case vehicle ownership changes, the validity period of the exhaust gas emission measurement does not change. However, in case the license plate of the vehicle is changed, a photocopy of the vehicle registration certificate of the vehicle's new license plate and a copy of the identity card of the vehicle owner is applied to the provincial directorate or the relevant documents are sent to the e-mail address to be determined by the Ministry and the necessary records are made. If these documents cannot be submitted or if the vehicle owner requests, the measurement is renewed.

(5) Even if the exhaust gas emission measurement period has not expired, the exhaust gas emission measurement is renewed if a modification is made that affects the exhaust emissions of the vehicle (engine modification, chassis modification, fuel system modification) or if the vehicle inspection is deemed necessary by the authorized law enforcement as a result of the accident. "

“(6) Even if the exhaust gas emission measurement period has not expired, the exhaust gas emission measurement can be renewed at the request of the vehicle owner. In this case, the last measurement is valid. "

ARTICLE 5 - 8 of the same Regulation is amended as follows.

UM ARTICLE 8 - (1) Exhaust gas emission measurements of vehicles are carried out through the Exhaust Gas Emission Measurement Tracking System. The vehicle arriving for exhaust gas emission measurement is registered in the system with the traffic registration information. Photo and / or audio video recording related to the measurement and contact information of the vehicle owner are recorded in the system. Station authority and measurement personnel are jointly responsible for the correct recording of the data in the system.

(2) Exhaust gas emission measurements are carried out in accordance with the procedures and principles defined in the TS 13231 Standard. The station authority and the measurement personnel are jointly responsible for making the measurements in accordance with the determined procedures and principles.

(3) Measurement results must comply with the limit values ​​in the TS 13231 Standard.

(4) The Ministry carries out the necessary studies to provide access to measurement reports via e-Government. As a result of the exhaust gas emission measurement, the vehicle owner is informed that the measurement report can be obtained via e-Government. It is preferred that the report is not given in printed form, but if the vehicle owner requests it, a report regarding the measurement result is provided from the Exhaust Gas Emission Measurement Tracking System.

(5) If the result of the exhaust gas emission measurement result of the vehicle does not comply with the limit values, it is obligatory to have the necessary maintenance, repair and repair for the vehicle. Seven days are allowed once for the repetition of the exhaust gas emission measurement. The relevant date is specified in the Exhaust Gas Emission Measurement Report. As of the end of the seven-day period, the vehicle cannot be used on highways open to traffic until a positive exhaust gas emission measurement result is obtained.

(6) In motor vehicles using dual fuels, the exhaust gas emission measurement is made according to both fuels. The measurement results of both fuels must comply with the limit values ​​in the TS 13231 Standard. It is the responsibility of the measurement staff to determine the current fuel type of the vehicle.

(7) The owner of the vehicle, whose measurement results negatively due to the emission control system or other malfunctions, is informed by the measurement personnel for the reasons for which the vehicle failed to be measured. Necessary repair and maintenance recommendations are provided for the vehicle to achieve a positive measurement result. It is forbidden to offer or sell temporary or short-term emission reduction methods (temporarily replacing the emission control system with a new one, using additives and similar substances with short-term effects) by the station. It is essential that repair and maintenance recommendations are methods that ensure permanent reduction of exhaust emissions.

(8) The station officer and measurement personnel are jointly responsible for any damages that may occur in the vehicle due to the measurements carried out in a manner that is not in accordance with the procedures and principles. "

ARTICLE 6 - The phrase "certifying that it meets the TS 9 Standard" in the first paragraph of Article 13231 of the same Regulation has been changed to "that certifies that it meets the TS 13231 Standard and serves the vehicle classes subject to exhaust gas emission measurement", the second paragraph has been changed as follows, the fourth paragraph has been repealed, in the fifth paragraph. The phrase "by the Ministry of Transport, Maritime Affairs and Communications" has been changed to "by the Ministry of Transport and Infrastructure", the sixth paragraph has been changed as follows, the phrase "in districts, sub-districts, towns and villages" in the tenth paragraph has been changed to "in the districts", and is included in the thirteenth paragraph. The phrase "for any reason, including court decisions" has been added after the phrase "at the authorized station" and the following paragraph has been added to the same article.

“(2) Those who want to open an exhaust gas emission measurement station;

a) TS 13231 Standard Service Qualification Certificate,

b) Temporary or permanent business and working license,

c) Training documents of the personnel to be employed in exhaust gas emission measurement,

ç) Documents for the type approval, stamping and inspection of the exhaust gas emission measuring device,

together with the provincial directorate where the station is located, with the original of the relevant documents or a copy approved by the institution to which it was issued, or a notarized copy. After checking the accuracy of the documents, the photocopy of the document is approved by the relevant officer by writing the name and title and saved in the system. Documents that can be obtained from the electronic information systems of the relevant institutions and organizations or through e-Government are obtained from these systems and registered in the system. Those who fulfill the necessary conditions as a result of the on-site inspection of the station deposit the fee for the exhaust gas emission measurement authorization certificate to the Ministry's Revolving Fund Management Directorate account. Exhaust gas emission measurement authorization certificate is issued within fifteen days after the receipt showing the payment of the fee is delivered to the provincial directorate. "

"(6) Documents specified in the second paragraph are not required for the exhaust gas emission measurements of the vehicles specified in the third paragraph of Article 6."

"(18) The Ministry may make arrangements and changes regarding the days and hours when the measurement service will be provided through the Exhaust Gas Emission Measurement Monitoring System."

ARTICLE 7 - The fourth and eighth paragraphs of Article 10 of the same Regulation have been changed as follows.

“(4) The station officer pays the required amount in advance to the relevant accounts of the revolving fund management directorate, based on the measurement fees determined by the Ministry, to the relevant accounts of the revolving fund establishment, and performs the measurement quota loading process on the Exhaust Gas Emission Measurement Tracking System by using the reference number for the payment. "

“(8) Exhaust gas emission measurement fees are paid in advance before starting the first measurement. Measurement is not started without paying the fee. Vehicle owners whose exhaust gas emission measurement result does not comply with the limit values ​​will not pay a fee for at most one measurement to be made after the first measurement at the same station within a month. The time given for free measurement repetition does not mean that the vehicle can roam freely in traffic. In case the time given for free measurement repetition coincides with an official holiday, the last day is taken as the first working day following the holiday. The deadline for free measurement repetition is specified in the Exhaust Gas Emission Measurement Report. Vehicle owners whose exhaust gas emission measurement result does not comply with the limit values ​​must pay a fee again if they want to have their measurements taken at another authorized exhaust gas emission measurement station. "

ARTICLE 8 - The first paragraph of Article 11 of the same Regulation has been changed as follows and the following paragraphs have been added to the same article.

“(1) Exhaust gas emission measurement devices must comply with the principles determined by the Ministry and defined in the TS 13231 standard and the relevant legislation published by the Ministry of Industry and Technology. Devices must be inspected and stamped within the scope of the legislation published by the Ministry of Industry and Technology. "

“(4) Upon complaints reaching the Ministry / provincial directorate, determinations made through the Exhaust Gas Emission Measurement Tracking System or as required by the Ministry / provincial directorate, the stations can be inspected by the exhaust gas emission measuring device in the provincial directorate and whose inspection procedures have been completed within the scope of the relevant legislation.

(5) The Ministry informs the device manufacturer / distributor with an official letter in order to correct the nonconformities detected in the technical specifications, software, compliance with the Exhaust Gas Emission Measurement Tracking System and similar issues. The device manufacturer / distributor is obliged to take the necessary measures to correct the incompatibilities. The Ministry is authorized to stop the use of a certain brand or model device in exhaust gas emission measurement, depending on the case that the necessary precautions are not taken within the scope of the warning. "

ARTICLE 9 - The phrase "in the professions specified in the third paragraph" in the fourth paragraph of Article 12 of the same Regulation has been changed as "in the professions specified in the third paragraph of the paragraph (a) or in the professions of exhaust production, exhaust maintenance and repair, exhaust manufacturing and installation", to the sixth paragraph: Is obliged to comply with the measurement procedures and principles and the announcements made on other issues through the Exhaust Gas Emission Measurement Tracking System. ”And the following paragraph has been added to the same article.

“(9) In the event that the number of measurement personnel decreases to one in the authorized exhaust gas emission measurement station, a period of one month is given once in a year for the second measurement personnel to be assigned. If the second measurement personnel are not assigned within this period, the station activity is temporarily suspended until the number of personnel is completed. "

ARTICLE 10 - Article 13 of the same Regulation is amended as follows.

UM ARTICLE 13 - (1) Pursuant to Law No. 2872, motor vehicle owners are obliged to have the exhaust gas emission measurements of the vehicle they own within the periods specified in this Regulation and to ensure that the exhaust gas emissions of the vehicle comply with the limit values ​​specified in the TS 13231 Standard.

(2) Inspections;

a) By the provincial directorate personnel through the Exhaust Gas Emission Measurement Tracking System,

b) By EGEDES and provincial directorate staff,

c) Jointly with the traffic law enforcement and provincial directorate personnel at the control points of the traffic law enforcement,

makes. Without traffic law enforcement, control cannot be done by stopping the vehicle on the highway.

(3) An inquiry is made by the provincial directorate personnel with the vehicle registration plate or vehicle chassis number through the Exhaust Gas Emission Measurement Tracking System.

(4) With EGEDES, the personnel of the provincial directorate are inspected in stationary or on the move.

(5) In fixed inspections with EGEDES, the inspection vehicle is placed in a place, position and position that can be easily seen by road users on the road in a way that does not affect the traffic flow and does not endanger it. Unless there is a necessity, constant inspection is not carried out in places where visibility is reduced such as bends, intersections, bridges and tunnels, road sections where the pavement is narrowed or traffic markings are prohibited, and the road surface is snowy or icy, and in foggy, rainy and similar weather conditions that reduce visibility.

(6) Mobile license plate recognition system device is mounted to the inspection vehicle by taking all kinds of safety precautions during the inspections while traveling with EGEDES. Exhaust gas emission inspections are carried out, including motor vehicles that are moving or stationary, paused or parked on the highway or in public areas.

(7) In audits;

a) Identifying vehicles that do not have a valid exhaust gas emission measurement through the Exhaust Gas Emission Measurement Tracking System,

b) Identifying vehicles that do not have a valid exhaust gas emission measurement through EGEDES,

c) It is determined that the exhaust gas emission measurement results of the vehicles that do not have a valid exhaust gas emission measurement are in violation of the limit values ​​in the TS 13231 Standard,

ç) If a valid exhaust gas emission measurement is found, it is determined that the exhaust gas emission control system used in the manufacture of the vehicle does not comply with the standards,

in cases; The Exhaust Gas Emission Inspection Report in Annex-2 is issued, the owner of the vehicle, if the owner is more than one, the first owner of the registration record is fined according to the clause (a) of the first paragraph of Article 2872 of the Law No. 20, and the administrative sanction decision is made by the provincial directorate. is applied. Administrative sanction, in cases where there is no need to stop the vehicle, is applied on the basis of the records in the vehicle database provided by the relevant institution on the registration plate of the vehicle.

(8) In inspections; If the vehicle has a valid exhaust gas emission measurement but it is determined that the exhaust gas emission measurement results are against the limit values ​​in the TS 13231 Standard, the valid exhaust gas emission measurement is canceled. The vehicle owner is given seven days to renew the exhaust gas emission measurement for a fee. In case of negative results of the measurement, seven more days are given according to the fifth paragraph of Article 8. If the measurement is not renewed at the end of this period, the Exhaust Gas Emission Inspection Report in Annex-2 is issued; If the owner of the vehicle is more than one, the owner in the first row of the registration record is fined according to sub-clause (a) of the first paragraph of Article 2872 of the Law No. 20 and the administrative sanction decision is applied by the provincial directorate. Administrative sanction is made on the basis of the records in the vehicle database provided by the relevant institution on the registration plate of the vehicle.

(9) Exhaust Gas Emission Inspection Report included in Annex-2 is issued over Exhaust Gas Emission Measurement Tracking System and serial number is assigned automatically by the system.

(10) In the event that it is determined that the vehicle does not have a valid exhaust gas emission measurement during the inspections carried out by the traffic law enforcement within the scope of its own legislation; The date, time, address, vehicle plate, chassis number of the vehicle are notified to the provincial directorate with an official letter. The provincial directorate implements administrative sanctions within the scope of the provisions of this article by carrying out the necessary inspections through the Exhaust Gas Emission Measurement Tracking System.

(11) Regarding the administrative fines to be applied according to the Law No. 2872 in accordance with this Regulation; The provisions of this Regulation in determining the violation and preparing the minutes; In the imposition, collection and follow-up of the penalty, the provisions of the Regulation on the Detection of Violation, Punishment and Collection of Administrative Fines to be Imposed According to the Environmental Law published in the Official Gazette dated 3/4/2007 and numbered 26482 are applied.

(12) It is essential that the measurement report showing that the measurement has been made for the vehicles specified in the third paragraph of Article 6 is kept in the vehicle. "

ARTICLE 11 - Article 14 of the same Regulation is amended as follows.

UM ARTICLE 14 - (1) The compliance of the exhaust gas emission measurement stations with the TS 13231 Standard is inspected by the authorities of the Turkish Standards Institute. In the audits to be carried out, the information of the stations that do not comply with the rules specified in the Standard and / or whose certificates have been canceled are notified to the provincial directorate on the same day by the institution performing the audit with an official letter. Until the detected deficiencies are corrected, these stations are not allowed to make measurements over the Exhaust Gas Emission Measurement Tracking System by the provincial directorate.

(2) In the audits conducted by the Ministry of Industry and Technology authorities within the scope of the relevant legislation, devices that are found to be unsuitable and banned from use; The manufacturer, brand, model, type, serial number as well as the station and address information of the device are notified to the provincial directorate by the institution that performs the audit in electronic media on the same day or in case the audit is out of working hours, and within three working days by official letter. Until the detected deficiencies are corrected, these stations are not allowed to make measurements through the Exhaust Gas Emission Measurement Tracking System by the provincial directorate.

(3) Within the scope of the nonconformities specified in the first and second paragraphs, the relevant station is imposed an administrative fine in accordance with subparagraph (a) of the first paragraph of Article 2872 of the Law numbered 20 and the decision of administrative sanction is applied by the provincial directorate. If the documents issued by the relevant institutions regarding the elimination of the nonconformity and the document indicating that the fines have been paid are submitted to the provincial directorate, these stations are allowed to make measurements on the Exhaust Gas Emission Measurement Tracking System again.

(4) Stations for which exhaust gas emission measurement authorization certificates are issued are inspected by the Ministry / provincial directorate within the scope of the provisions of this Regulation. Inspections are carried out through the Exhaust Gas Emission Measurement Tracking System and / or on-site inspection. The Ministry may give opinion to the provincial directorate on the inspection of the station regarding the non-conformities detected through the Exhaust Gas Emission Measurement Tracking System or the situations it suspects.

(5) In the audits carried out; If it is detected that the vehicle is shown as if the measurement has been made on the Exhaust Gas Emission Measurement Tracking System although the exhaust gas emission measurement is not made in accordance with the procedures and principles specified in the TS 13231 Standard, the authorization certificate of the station is canceled by the provincial directorate without renewal; A criminal complaint is made to the Public Prosecutor's Office, an administrative fine is imposed in accordance with sub-clause (a) of the first paragraph of Article 2872 of Law No. 20, and the relevant personnel are not assigned to another station in any way.

(6) In the audits carried out; If the station official or measurement personnel uses the information about the vehicles and their owners for other purposes, or the vehicle and personal information other than the vehicles being measured, is determined, the authorization certificate of the station is canceled by the provincial directorate without renewal, a criminal complaint is made to the Public Prosecutor's Office, An administrative fine is imposed in accordance with sub-clause (a) of the first paragraph of Article 2872 of Law No. 20 and the relevant personnel are not assigned to another station in any way. In this context, the Ministry of Transport and Infrastructure is informed if the station whose authorization certificate has been revoked is a vehicle inspection station.

(7) During the audits;

a) Intervention to the measurement devices in a way that affects the exhaust gas emission measurement results,

b) The measurement of the vehicle that has a catalytic converter in its manufacture is performed without the catalytic converter,

c) The measurement of the vehicle with catalytic converter in its manufacture is not performed at idle and high idle,

ç) Failure to measure exhaust gas emission for both fuels in motor vehicles using dual fuels,

d) Measuring from unloaded idling to cutting speed in a diesel engine vehicle without pressing the gas,

e) If the measuring device hose is contrary to the standards determined by the manufacturer and / or specified in the relevant legislation, affecting the measurement results,

f) Implementation of the temporary emission reduction methods specified in Article 8 for the vehicle whose measurement resulted negatively,

g) Charging different from the exhaust gas emission measurement fee determined by the Ministry,

ğ) Measuring at an address different from the address specified in the exhaust gas emission measurement authorization certificate and / or where the measurement was made / made by a mobile vehicle and / or by the fixed station holding an exhaust gas emission measurement authorization certificate,

In the first determination of any of the cases, the operation of the measurement station is temporarily suspended for a month by the provincial directorate, in the second determination, the authorization certificate of the measurement station is canceled by the provincial directorate and the authorization certificate is not issued again for six months, in the third determination, the authorization certificate of the station is canceled without renewal. is. In each determination, an administrative fine is imposed according to sub-clause (a) of the first paragraph of Article 2872 of Law No. 20. If the document indicating the payment of the fines is not submitted to the provincial directorate, the station is not allowed to start the measurement activity. Article 2872 of the Law No. 23 is taken into account when applying administrative fines for repetition of acts.

(8) During the audits;

a) Measurement photographs and / or audio video recordings do not comply with the criteria determined by the Ministry,

b) Measuring without the equipment determined by the Ministry and required to be used in measurements,

c) If the station authority or the personnel assigned in the exhaust gas emission measurement use their authority over the Exhaust Gas Emission Measurement Tracking System,

ç) Failure to notify the provincial directorate of the situation although any of the information and documents that are the basis for authorization of the station are canceled and the measurement continues,

d) Failure to comply with the conditions determined by the Ministry in the number or qualifications of the personnel making exhaust gas emission measurement,

e) Failure to measure after querying the vehicle information more than once, although there is no systemic malfunction, canceling the measurement after starting the measurement,

f) Recording the information of the vehicle or the vehicle owner information in the system in an incorrect and misleading way more than once,

In the first determination of any of the conditions, the operation of the measurement station is temporarily suspended by the provincial directorate, in the second determination, the authorization certificate of the measurement station is canceled by the provincial directorate and the authorization certificate is not issued again for three months, in the third and subsequent determinations, the authorization certificate of the measurement station is canceled by the provincial directorate and for a year. Authorization certificate is not issued again with. In each determination, an administrative fine is imposed according to sub-clause (a) of the first paragraph of Article 2872 of Law No. 20. If the document indicating the payment of the fines is not submitted to the provincial directorate, the station is not allowed to start the measurement activity. Article 2872 of the Law No. 23 is taken into account when applying administrative fines for repetition of acts.

(9) During the audits;

a) Not hanging the sign with the phrase "Exhaust Gas Emission Measurement Station Authorized by the Ministry of Environment and Urbanization" in Annex-1, not hanging any statements other than this sign,

b) The measurement price is not hung in a way that can be seen and read in the station,

c) Failure to hang TS 13231 Standard Annex-A in a suitable place,

ç) Not hanging the exhaust gas emission measurement authorization certificate in a way that can be seen and read in the station,

d) "Exhaust Gas Emission Measurements are Recorded by the Ministry of Environment and Urbanization with a Camera System" not to be hung in a way that can be seen and read in the station,

e) Failure to comply with other obligations not defined in this article but included in this Regulation,

In the determination of any of the situations, the operation of the measurement station is temporarily suspended by the provincial directorate, an administrative fine is imposed according to the clause (a) of the first paragraph of Article 2872 of the Law No.20, the document regarding the payment of the fine is submitted to the provincial directorate and if the defect is corrected, the stations are allowed to measure again. given. While administrative fines are applied in the repetition of acts, article 2872 of the Law numbered 23 is taken into consideration. "

ARTICLE 12 - Article 15 of the same Regulation has been repealed.

ARTICLE 13 - In the first paragraph of Article 16 of the same Regulation, the phrase "they can be warned through letters, radio and television broadcasts." Has been changed to "they can be warned by text message, e-mail, letter, radio and television broadcasts.", The second paragraph of the same article is as follows: has been changed.

"(2) Within the scope of the studies carried out by the Ministry in order to ensure the fulfillment of the services specified in this Regulation, it is essential to send the information and documents requested from the relevant institutions at the requested time and to ensure the necessary cooperation."

ARTICLE 14 The title of the temporary article 1 of the same Regulation has been amended as follows, and the provisional article 2 and the provisional article 3 have been abolished.

"Special or authorized services serving vehicle classes that are not subject to exhaust gas emission measurement

PROVISIONAL ARTICLE 1 - (1) If private or authorized services with exhaust gas emission measurement authorization certificate serving the vehicle classes that are not subject to exhaust gas emission measurement do not renew the TS 13231 certificate within six months from the date of entry into force of this article, the measurement activity is met until the conditions are met. It is temporarily suspended by the provincial directorate. "

ARTICLE 15 - Annex-1 and Annex-2 of the same Regulation are amended as attached.

ARTICLE 16 - This Regulation shall enter into force on the date of its publication.

ARTICLE 17 - The provisions of this Regulation are executed by the Minister of Environment and Urbanization.

    Be the first to comment

    your comment