Cap. 311 sub. leg. Z

Air Pollution Control (Non-road Mobile Machinery) (Emission) Regulation(Cap. 311, section 43) (Enacting provision omitted—E.R. 3 of 2015) [1 June 2015] Part 1 Preliminary 1. (Omitted as spent—E.R. 3 of 2015) 2. Interpretation In this Regulation—approved (獲核准)—(a) for a regulated machine, means approved under section 7(1); and (b) for a non-road vehicle, means approved under section 7(2); bus (巴士) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); exempted (獲豁免)—(a) for a regulated machine, means exempted under section 9(1) or 11(1); and(b) for a non-road vehicle, means exempted under section 9(2) or 11(1); goods vehicle (貨車) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); lease (出租) includes—(a) offer or expose for lease; (b) lease without payment; and (c) offer or expose for lease without payment; light bus (小型巴士) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); motor cycle (電單車) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); motor tricycle (機動三輪車) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); non-road mobile machinery (非道路移動機械) means—(a) a regulated machine; or (b) a non-road vehicle; non-road vehicle (非道路車輛) means a private car, goods vehicle, bus, light bus, motor cycle, motor tricycle or special purpose vehicle that—(a) is powered by an internal combustion engine; (b) is not licensed under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E); and (c) is intended to be used exclusively in—(i) the Restricted Area as defined by section 2(1) of the Airport Authority Ordinance (Cap. 483); or (ii) a private road that is within—(A) an area wholly or mainly used for the carrying on of construction work within the meaning of section 120 of the Road Traffic Ordinance (Cap. 374); or (B) an area wholly or mainly used for the carrying on of industry within the meaning of section 120 of the Road Traffic Ordinance (Cap. 374); prescribed emission standard (訂明排放標準)—(a) for a regulated machine that runs on a compression-ignition engine (as defined in Part 1 of Schedule 1), means a standard specified in Part 2 of that Schedule; (b) for a regulated machine that runs on a positive-ignition engine (as defined in Part 1 of Schedule 1), means a standard specified in Part 3 of that Schedule; (c) for a non-road vehicle, means a standard specified in Part 4 of Schedule 1; private car (私家車) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); rated engine power output (額定引擎輸出功率) means the maximum net power of an engine; reference number (參考編號)—(a) for an approved regulated machine or non-road vehicle, means the reference number assigned to it under section 7(3) or 14(2); and (b) for an exempted regulated machine or non-road vehicle, means the reference number assigned to it under section 9(4), 11(2) or 14(2); regulated machine (受規管機械) means any mobile machine or transportable industrial equipment (other than a vehicle of a class specified in Schedule 1 to the Road Traffic Ordinance (Cap. 374)) that is powered by an internal combustion engine with a rated engine power output that is greater than 19 kW but not greater than 560 kW; sell (出售) includes—(a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment; special purpose vehicle (特別用途車輛) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); vehicle (車輛) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374). 3. Application (1) This Regulation does not apply to—(a) an engine that is not installed in any machine, equipment or vehicle; (b) machinery installed in a vessel, railway locomotive, aircraft or vehicle licensed under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E); (c) machinery, equipment or motor vehicle solely for military use; and (d) non-road mobile machinery that—(i) is goods in transit; (ii) is transhipment goods; (iii) is manufactured solely for export; or (iv) is sold for scrapping. (2) In this section—goods in transit (過境貨品) means goods that—(a) is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and (b) remains at all times on the vessel, vehicle or aircraft that brought it into Hong Kong; transhipment goods (轉運貨品) means imported goods that—(a) is consigned on a through bill of lading or a through air waybill from a place outside Hong Kong to another place outside Hong Kong; and (b) is or is to be removed from the vessel, vehicle or aircraft in which it was imported, and, before being exported, is either—(i) returned to the same vessel, vehicle or aircraft; or (ii) transferred to another vessel, vehicle or aircraft, whether the goods—(A) is or is to be transferred directly between such vessels, vehicles or aircrafts; or (B) is to be landed in Hong Kong after its importation and stored, pending exportation. Part 2 Control of Sale, Lease and Use of Non-road Mobile Machinery 4. Control of sale or lease of regulated machine (1) A person must not sell or lease, or cause to be sold or leased, a regulated machine for use in Hong Kong unless the machine is approved. (2) A person who sells or leases, or causes to be sold or leased, a regulated machine that is approved or exempted must ensure that—(a) the machine bears a label that—(i) complies with the requirements specified in Schedule 2; and (ii) is painted or affixed on the machine and properly maintained in accordance with the requirements specified in Schedule 2; and (b) the information set out in the label conforms with the information provided to the Authority in support of the application for the approval or exemption of the machine. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. (4) A person who fails to comply with subsection (2)(a) or (b) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months. 5. Control of use of regulated machine in specified activities (1) A person must not use or cause to be used a regulated machine in a specified activity unless the machine is approved. (2) A person who uses or causes to be used in a specified activity a regulated machine that is approved or exempted must ensure that—(a) the machine bears a label that—(i) complies with the requirements specified in Schedule 2; and (ii) is painted or affixed on the machine and properly maintained in accordance with the requirements specified in Schedule 2; and (b) the information set out in the label conforms with the information provided to the Authority in support of the application for the approval or exemption of the machine. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. (4) A person who fails to comply with subsection (2)(a) or (b) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months. (5) Subsections (1) and (2) do not apply to a person who—(a) personally operates the regulated machine; and (b) is not otherwise responsible for the use of the machine. (6) In this section, a regulated machine is used in a specified activity if—(a) the machine is used at any of the following locations—(i) the Restricted Area as defined by section 2(1) of the Airport Authority Ordinance (Cap. 483); (ii) port facilities including container terminal, river trade terminal and container backup facilities; (iii) construction sites; (iv) designated waste disposal facilities; (b) the machine is used in a specified process. (7) In this section— construction site (建造工地) means— (a) a place where construction work is carried out; or (b) any area in the immediate vicinity of any such place which is used for the storage of materials or plant used, or intended to be used, for the purpose of the construction work; construction work (建造工程) includes— (a) the alteration, construction, demolition, maintenance, reconstruction, repair or shoring of the whole or any part of any airport, arch, bridge, building, channel, chimney, dock, drain, embankment, hoarding, lighting, pier, public utility, railway, road, service lane, shelter, slope, street, tramway, tunnel, wall, water conduit, wharf or other structure; (b) dredging; (c) the extraction from the earth of any matter; (d) piling; (e) quarrying; (f) the reclamation of any foreshore and sea-bed; (g) site formation; (h) any work involved in the preparation of any operation of a type referred to in paragraph (a), (b), (c), (d), (e), (f) or (g); and (i) the use of machinery, plant, tools, gear and materials in connection with or for an operation referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h); container backup facilities (貨櫃後勤設施)— (a) means facilities essential to the handling of containers which do not require (but may have) a waterfront location; and (b) includes containers yards, empty container storage and repair depots, container freight stations and container vehicle parks; container terminal (貨櫃碼頭) means any wharf comprising one or more berths for ships, where cargo is handled in freight containers loaded on or discharged from vessels specially designed or converted for that purpose; designated waste disposal facility (指定廢物處置設施) has the meaning given by section 2(1) of the Waste Disposal (Designated Waste Disposal Facility) Regulation (Cap. 354 sub. leg. L); river trade limits (內河航限) has the meaning given by section 2 of the Shipping and Port Control Ordinance (Cap. 313); river trade terminal (內河貨運碼頭) means a terminal for handling or storing cargo by vessels routinely operating within waters within river trade limits. 6. Control of use of non-road vehicle at specified location (1) A person must not use or cause to be used a non-road vehicle at a specified location unless the vehicle is approved. (2) A person who uses or causes to be used at a specified location a non-road vehicle that is approved or exempted must ensure that—(a) the vehicle bears a label that—(i) complies with the requirements specified in Schedule 2; and (ii) is painted or affixed on the vehicle and properly maintained in accordance with the requirements specified in Schedule 2; and (b) the information set out in the label conforms with the information provided to the Authority in support of the application for approval or exemption of the vehicle. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. (4) A person who fails to comply with subsection (2)(a) or (b) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months. (5) Subsections (1) and (2) do not apply to a person who—(a) drives the non-road vehicle; and (b) is not otherwise responsible for the use of the vehicle. (6) In this section, a non-road vehicle is used at a specified location if the vehicle is used—(a) in the Restricted Area as defined by section 2(1) of the Airport Authority Ordinance (Cap. 483); (b) on a private road within an area that is wholly or mainly used for the carrying on of construction work within the meaning of section 120 of the Road Traffic Ordinance (Cap. 374); or (c) on a private road within an area that is wholly or mainly used for the carrying on of industry within the meaning of section 120 of the Road Traffic Ordinance (Cap. 374). Part 3 Approval, Exemption and Modification 7. Authority may approve non-road mobile machinery (1) The Authority may, on application, approve a regulated machine if the Authority is satisfied that the emission from the machine conforms to the prescribed emission standard. (2) The Authority may, on application, approve a non-road vehicle if the Authority is satisfied that the vehicle is so constructed that the emission from the vehicle conforms to the prescribed emission standard. (3) If the Authority gives an approval under subsection (1) or (2), the Authority must assign a reference number to the machine or vehicle. 8. Application for approval of non-road mobile machinery (1) An application for approval under section 7(1) or (2)—(a) must be made in the form and manner specified by the Authority; and (b) must include the information, and be accompanied by the document, specified in subsection (2). (2) The information and document are—(a) the name and correspondence address of the applicant; (b) a copy of the identification document or business registration certificate of the applicant; (c) the type, trade name, model, serial number and year of manufacture of the machine or vehicle; (d) the type, make, model, serial number and rated power of each engine installed in the machine or vehicle (including primary and secondary engine); (e) the type, trade name and model of the exhaust emission control device (if any) of the machine or vehicle; (f) a copy of any certificate or other document demonstrating compliance of the machine or vehicle with the prescribed emission standard; and (g) any other document or information on the machine or vehicle that the Authority requires. 9. Authority may exempt certain non-road mobile machinery (1) For a regulated machine the emission from which does not conform to the prescribed emission standard, the Authority may, on application and if satisfied with the matters specified in subsection (3), exempt the machine from the application of section 4(1) or 5(1) for the period that the Authority determines. (2) For a non-road vehicle so constructed that the emission from which does not conform to the prescribed emission standard, the Authority may, on application and if satisfied with the matters specified in subsection (3), exempt the vehicle from the application of section 6(1) for the period that the Authority determines. (3) The matters are—(a) there is a genuine need to use the machine or vehicle for the purpose set out in the application; and (b) there is no feasible means for the machine or vehicle to conform to the prescribed emission standard. (4) If the Authority gives an exemption under subsection (1) or (2), the Authority must assign a reference number to the machine or vehicle. (5) The Authority may impose any conditions on the exemption regarding the use or handling of the machine or vehicle. (6) A person who fails to comply with a condition imposed under subsection (5) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. 10. Application for exemption of certain non-road mobile machinery (1) An application for exemption under section 9(1) or (2)—(a) must be made in the form and manner specified by the Authority; and (b) must include the information, and be accompanied by the document, specified in subsection (2). (2) The information and document are—(a) the name and correspondence address of the applicant; (b) a copy of the identification document or business registration certificate of the applicant; (c) the type, trade name, model, serial number and year of manufacture of the machine or vehicle; (d) the type, make, model, serial number and rated power of each engine installed in the machine or vehicle (including primary and secondary engine); (e) the type, trade name and model of the exhaust emission control device (if any) of the machine or vehicle; (f) the ground for making the application for exemption and the period and location of the proposed use of the machine or vehicle; and (g) any other document or information on the machine or vehicle that the Authority requires. 11. Authority may exempt existing non-road mobile machinery (1) The Authority may, on application, exempt a regulated machine or non-road vehicle from the application of section 4(1), 5(1) or 6(1) if the Authority is satisfied that the machine or vehicle is in Hong Kong at any time on or before 30 November 2015. (2) If the Authority gives an exemption under subsection (1), the Authority must assign a reference number to the machine or vehicle. 12. Application for exemption of existing non-road mobile machinery (1) An application for exemption under section 11(1)—(a) must be made on or before 30 November 2015; (b) must be made in the form and manner specified by the Authority; and (c) must include the information, and be accompanied by the document, specified in subsection (2). (2) The information and document are—(a) the name and correspondence address of the applicant; (b) a copy of the identification document or business registration certificate of the applicant; (c) the type, trade name, model, serial number and year of manufacture of the machine or vehicle; (d) the type, make, model, serial number and rated power of each engine installed in the machine or vehicle (including primary and secondary engine); and (e) any other document or information on the machine or vehicle that the Authority requires. 13. Modification of approved or exempted non-road mobile machinery (1) If an approved regulated machine or non-road vehicle, or an exempted regulated machine or non-road vehicle, is modified materially without a permission given under section 14, the approval or exemption given in respect of the machine or vehicle is to be regarded as revoked with effect from the modification. (2) For the purposes of this section, a regulated machine or non-road vehicle is modified materially if, after the modification—(a) the type, make, model or rated power of the engine (including primary and secondary engine) or the type, trade name or model of the exhaust emission control device (if any) of the machine or vehicle (particulars) are different from those provided to the Authority in support of the application for the approval or exemption; and (b) the difference in those particulars may affect the emission level of the machine or vehicle. 14. Authority may permit modification of approved or exempted non-road mobile machinery (1) The Authority may, on application, permit a modification of an approved regulated machine or non-road vehicle, or an exempted regulated machine or non-road vehicle if the Authority is satisfied that after the modification, the emission from the machine or vehicle—(a) (for an approved machine or vehicle) will conform to the prescribed emission standard at the time the application for the approval was made; (L.N. 173 of 2018)(b) (for an exempted machine or vehicle) will not exceed the emission level of the machine or vehicle as was at the time the exemption was given. (2) If the Authority permits a modification under subsection (1), the Authority must assign a new reference number to the machine or vehicle. 15. Application for modification of non-road mobile machinery (1) An application for permission under section 14(1)—(a) must be made in the form and manner specified by the Authority; and (b) must include the information, and be accompanied by the document, specified in subsection (2). (2) The information and document are—(a) the name and correspondence address of the applicant; (b) a copy of the identification document or business registration certificate of the applicant; (c) the type, make, model, serial number and rated power of each engine installed in the machine or vehicle after the proposed modification (including primary and secondary engine); (d) the type, trade name and model of the exhaust emission control device (if any) of the machine or vehicle after the proposed modification; (e) information on the original approval or exemption of the machine or vehicle; (f) (for an approved machine or vehicle) a copy of any certificate or other document demonstrating that after the proposed modification, the emission from the machine or vehicle will conform to the prescribed emission standard at the time the application for the approval was made; (L.N. 173 of 2018)(g) (for an exempted machine or vehicle) a copy of any certificate or other document demonstrating that after the proposed modification, the emission from the machine or vehicle will not exceed the emission level of the machine or vehicle as was at the time the exemption was given; and (h) any other document or information on the machine or vehicle that the Authority requires. 16. Revocation of approval, exemption or permission (1) The Authority may revoke an approval, exemption or permission given under section 14, if—(a) the Authority has reasonable ground to believe that any document or information provided to the Authority in support of the application for the approval, exemption or permission is false or misleading in a material particular; or (b) (for an approval or exemption given to a non-road vehicle) the vehicle is licensed under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) after the approval or exemption was given. (2) Before the revocation, the Authority must serve a written notice on the person who submitted the application for approval, exemption or permission at the person’s last known address to—(a) state the Authority’s intention to revoke the approval, exemption or permission under subsection (1); (b) state the grounds for revocation; and (c) invite the person to make written representations, within 14 days after the service of the notice, as to why the approval, exemption or permission should not be revoked. (3) If, after considering all written representations made by the person within the period specified under subsection (2)(c), the Authority still has reasonable grounds to believe that the approval, exemption or permission should be revoked under subsection (1), the Authority may—(a) by written notice served on the person at the person’s last known address, revoke the approval, exemption or permission; and (b) specify in the notice the date on which the revocation takes effect. (4) The revocation of approval, exemption or permission takes effect on the date specified under subsection (3)(b). Part 4 Miscellaneous 17. Offence for provision of false, etc. information in application for approval, exemption or permission (1) A person commits an offence if the person provides, or causes to be provided, any document or information that is false or misleading in a material particular in an application under section 8, 10, 12 or 15. (2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 5 and to imprisonment for 3 months. 18. Offence of displaying false or misleading label (1) A person commits an offence if the person, in purported compliance with section 4(2)(a), 5(2)(a) or 6(2)(a), displays or causes to be displayed on any non-road mobile machinery a label that contains information that is false or misleading in a material particular. (2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 5 and to imprisonment for 3 months. 19. Transitional provision relating to Air Pollution Control (Non-road Mobile Machinery) (Emission) (Amendment) Regulation 2018 (1) If an application for approval under section 7(2) made in respect of a non-road vehicle is pending when the prescribed emission standard applicable to the vehicle is amended by the Amendment Regulation, the standard as in force immediately before the amendment continues to apply in relation to the application and the vehicle as if the standard had not been so amended.(2) In this section—Amendment Regulation (《修訂規例》) means the Air Pollution Control (Non-road Mobile Machinery) (Emission) (Amendment) Regulation 2018 (L.N. 173 of 2018). (E.R. 5 of 2018)(L.N. 173 of 2018) Schedule 1 [s. 2]Emission Standards Part 1 Interpretation 1. Interpretation In this Schedule—CO means carbon monoxide; compression-ignition engine (壓燃式引擎) means an engine in which the fuel is injected into the cylinders or combustion space of the engine and is there ignited during normal running solely by the heat of compression of the cylinder charge; Council (理事會) means the Council of the European Communities (now known as the Council of the European Union); design weight (設計重量), in relation to a particular motor vehicle, means the maximum design loaded vehicle weight recommended by its manufacturer for motor vehicles of the same class or description as the particular vehicle; (L.N. 173 of 2018)direct-injection type (直噴型), in relation to an engine, means a type of engine in which the fuel is injected directly into the combustion space above the piston crown; (L.N. 173 of 2018)g/kWh (克/千瓦小時) means gram per kilowatt-hour; HC means hydrocarbons; indirect-injection type (非直噴型), in relation to an engine, means a type of engine in which the fuel is not injected directly into the combustion space above the piston crown; (L.N. 173 of 2018)kW means kilowatt; NMHC means non-methane hydrocarbons; NOx means oxides of nitrogen; PM means particulate matter; positive-ignition engine (強制點火式引擎) means an engine operating on the Otto cycle in which a mixture of fuel and air is drawn into cylinders and ignited after compression by means of an electric spark applied at a known and pre-determined moment of the cycle; ppm means parts per million; smoke (煙霧) means smoke level expressed in percentage opacity. Part 2 Emission Standards for Regulated Machine that Runs on Compression-ignition Engines 1. Prescribed emission standard For a regulated machine that runs on a compression-ignition engine, the prescribed emission standard is the standard specified in section 2, 3 or 4 of this Part. 2. European Union Stage IIIA Standard (1) The European Union Stage IIIA Standard comprises of—(a) the testing procedures and requirements specified in Directive 97/68/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2012/46/EU made by the European Parliament and the Council; and (b) the emission limits specified in subsection (2).(2) The emissions of CO and PM and the total emission of NOx and HC from the engine of a regulated machine of a rated engine power output within a range specified in column 1 of the following table must not exceed the amount specified in column 2 of the table opposite the range. Table Column 1 Column 2 Rated engine power output (P) in kW Total emission of NOx and HC Emission of CO Emission of PM g/kWh 130 ≤ P ≤ 560 4.0 3.5 0.2 75 ≤ P < 130 4.0 5.0 0.3 37 ≤ P < 75 4.7 5.0 0.4 19 < P < 37 7.5 5.5 0.6 3. United States of America Standard (1) The United States of America Standard comprises of—(a) the testing procedures and requirements specified in the Code of Federal Regulations Title 40 Protection of Environment Part 89 Control of Emissions from New and In-use Nonroad Compression-Ignition Engines of the United States of America; and (b) the emission limits specified in subsection (2). (2) The emissions of—(a) CO and PM and the total emission of NOx and NMHC from the engine of a regulated machine of a rated engine power output within a range specified in column 1 of the following table must not exceed the amount specified in column 2 of the table opposite the range; and Table Column 1 Column 2 Rated engine power output (P) in kW Total emission of NOx and NMHC Emission of CO Emission of PM g/kWh 130 ≤ P ≤ 560 4.0 3.5 0.2 75 ≤ P < 130 4.0 5.0 0.3 37 ≤ P < 75 4.7 5.0 0.4 19 < P < 37 7.5 5.5 0.6 (b) smoke from the engine of a regulated machine of a rated engine power output within a range specified in column 1 of the following table when the machine is in acceleration mode, lug mode and peak mode must not exceed the percentage opacity specified in column 2 of the table opposite the range. Table Column 1 Column 2 Rated engine power output (P) in kW Emission of smoke Acceleration mode Lug mode Peak mode Percentage opacity 130 ≤ P ≤ 560 20 15 50 75 ≤ P < 130 20 15 50 37 ≤ P < 75 20 15 50 19 < P < 37 20 15 50 4. Japan Ministry of Environment Standard (1) The Japan Ministry of Environment Standard comprises of—(a) the testing procedures and requirements specified under the Act on the Regulation of Emissions from Non-road Special Motor Vehicles (Act No. 51 of 2005) and Announcement No. 72 made by the Ministry of Environment of Japan on 28 March 2006; and (b) the emission limits specified in subsection (2). (2) The emissions of NOx, HC, CO, PM and smoke from the engine of a regulated machine of a rated engine power output within a range specified in column 1 of the following table must not exceed the amount specified in column 2 of the table opposite the range. Table Column 1 Column 2 Rated engine power output (P) in kW Emissionof NOx Emissionof HC Emissionof CO Emissionof PM Emissionof smoke g/kWh Percentage opacity 130 ≤ P ≤ 560 3.6 0.4 3.5 0.17 25 75 ≤ P < 130 3.6 0.4 5.0 0.2 25 56 ≤ P < 75 4.0 0.7 5.0 0.25 30 37 ≤ P < 56 4.0 0.7 5.0 0.3 35 19 < P < 37 6.0 1.0 5.0 0.4 40 Part 3 Emission Standards for Regulated Machine that Runs on Positive-ignition Engines 1. Prescribed emission standard For a regulated machine that runs on a positive-ignition engine, the prescribed emission standard is the standard specified in section 2 or 3 of this Part. 2. United States of America Standard (1) The United States of America Tier 2 Standard comprises of—(a) the testing procedures and requirements specified in the Code of Federal Regulations Title 40 Protection of Environment Part 1048 Control of Emissions from New, Large Nonroad Spark-Ignition Engines of the United States of America; and (b) the emission limits—(i) stated in section 1048.101 of the Code of Federal Regulations Title 40 Protection of Environment Part 1048 Control of Emissions from New, Large Nonroad Spark-Ignition Engines of the United States of America; or (ii) specified in subsection (2).(2) The emission of CO and the total emission of NOx and HC from the engine of a regulated machine measured in accordance with the mode of testing specified in column 1 of the following table must not exceed the amount specified in column 2 of the table opposite the mode of testing. Table Column 1 Column 2 Mode of testing Total emission of NOx and HC Emission of CO g/kWh steady-state testing and transient testing 2.7 4.4 field testing 3.8 6.5 3. Japan Ministry of Environment Standard (1) The Japan Ministry of Environment Standard comprises of—(a) the testing procedures and requirements specified under the Act on the Regulation of Emissions from Non-road Special Motor Vehicles (Act No. 51 of 2005) and Announcement No. 72 made by the Ministry of Environment of Japan on 28 March 2006; and (b) the emission limits specified in subsection (2). (2) The emissions of NOx, HC and CO from the engine of a regulated machine measured in accordance with the mode of testing specified in column 1 of the following table must not exceed the amount, if any, specified in column 2 of the table opposite the mode of testing. Table Column 1 Column 2 Mode of testing Emission of NOx Emission of HC Emission of CO 7-mode testing 0.6 g/kWh 0.6 g/kWh 20 g/kWh Idling mode testing Not specified 500 ppm 1% Part 4 Emission Standards for Non-road Vehicle 1. Prescribed emission standard The prescribed emission standard for a non-road vehicle numbered and described in column 1 of the following table is the emission standard specified in the provisions set out in column 2 for that vehicle.(L.N. 173 of 2018) Table A Column 1 Column 2 Vehicle Provisions in which emission standard is specified 1. Private car— (a) that is equipped with a positive-ignition engine of indirect-injection type; and (b) the design weight of which does not exceed 3 tonnes. Section 3(2), (3) or (4) of this Part (L.N. 173 of 2018) 2. Private car— (a) that is equipped with a positive-ignition engine of direct-injection type; and (b) the design weight of which does not exceed 3 tonnes. Sections 3(2), (3) or (4) and 4(2) of this Part (L.N. 173 of 2018) 3. Private car— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which does not exceed 3 tonnes. Sections 3(3) and 4(2) of this Part 4. Goods vehicle— (a) that is equipped with a positive-ignition engine of indirect-injection type; and (b) the design weight of which does not exceed 3.5 tonnes. Section 3(2), (3) or (4) of this Part (L.N. 173 of 2018) 5. Goods vehicle— (a) that is equipped with a positive-ignition engine of direct-injection type; and (b) the design weight of which does not exceed 3.5 tonnes. Sections 3(2), (3) or (4) and 4(2) of this Part (L.N. 173 of 2018) 6. Goods vehicle— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which does not exceed 3.5 tonnes. Sections 3(2) or (3) and 4(2) of this Part (L.N. 173 of 2018) 7. Goods vehicle— (a) that is equipped with a positive-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes. Sections 3(6) or (7), 4(4) and 5 of this Part (L.N. 173 of 2018) 8. Goods vehicle— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes. Sections 3(6) or (7), 4(3) and (4) and 5 of this Part (L.N. 173 of 2018) 9. Bus— (a) that is equipped with a positive-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes but does not exceed 9 tonnes. Section 2(5), (6) or (7) of this Part 10. Bus— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes but does not exceed 9 tonnes. Sections 2(1) and 2(5), (6) or (7) of this Part 11. Bus— (a) that is equipped with a positive-ignition engine; and (b) the design weight of which exceeds 9 tonnes. Sections 3(6) or (7), 4(4) and 5 of this Part (L.N. 173 of 2018) 12. Bus— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which exceeds 9 tonnes. Sections 3(6) or (7), 4(3) and (4) and 5 of this Part (L.N. 173 of 2018) 13. Light bus— (a) that is equipped with a positive-ignition engine of indirect-injection type; and (b) the design weight of which does not exceed 3.5 tonnes. Section 3(2), (3) or (4) of this Part (L.N. 173 of 2018) 14. Light bus— (a) that is equipped with a positive-ignition engine of direct-injection type; and (b) the design weight of which does not exceed 3.5 tonnes. Sections 3(2), (3) or (4) and 4(2) of this Part (L.N. 173 of 2018) 15. Light bus— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which does not exceed 3.5 tonnes. Sections 3(2) or (3) and 4(2) of this Part (L.N. 173 of 2018) 16. Light bus— (a) that is equipped with a positive-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes. Section 2(5), (6) or (7) of this Part 17. Light bus— (a) that is equipped with a compression-ignition engine; and (b) the design weight of which exceeds 3.5 tonnes. Sections 2(1) and 2(5), (6) or (7) of this Part 18. Motor cycle that is equipped with a positive-ignition engine. Section 2(8), (9) or (10) of this Part 19. Motor cycle that is equipped with a compression-ignition engine. Sections 2(1) and 2(8), (9) or (10) of this Part 20. Motor tricycle that is equipped with a positive-ignition engine. Section 2(11) of this Part 21. Motor tricycle that is equipped with a compression-ignition engine. Section 2(1) and (11) of this Part 22. Special purpose vehicle that is equipped with a compression-ignition engine. Section 2(1) of this Part (L.N. 173 of 2018) 2. Emission standards for certain non-road vehicles approved on or after 1 June 2015 (L.N. 173 of 2018)(1) The emission of smoke from the vehicle must not exceed the following levels as measured by means of the free acceleration test procedure as specified in Council Directive 72/306/EEC made by the Council as amended by its subsequent amendments up to and including amendments made by Commission Directive 2005/21/EC—(a) 35 Hartridge Smoke Units; or(b) 1.00 m-1 in absolute units of light absorption.(2)-(4) (Repealed L.N. 173 of 2018)(5) Japan Motor Vehicle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in the Safety Regulation for Road Vehicles (i.e. the Ministry of Transport Ordinance No. 67 of 28 July 1951) as amended by its subsequent amendments up to and including amendments made by—(i) Ministry of Land, Infrastructure, Transport and Tourism Ordinances No. 48 of 2009; and (ii) Ministry of Land, Infrastructure, Transport and Tourism Announcement No. 349 of 25 March 2008; (b) the emission limit values as specified in the Post New Long-Term Regulation published in the Ministry of Land, Infrastructure, Transport and Tourism Announcement No. 349 of 25 March 2008;(c) all the type approval requirements administered by the Ministry of Land, Infrastructure, Transport and Tourism of Japan.(6) European Union Motor Vehicle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in Directive 2005/55/EC of the European Parliament and of the Council as amended by its subsequent amendments up to and including amendments made by Commission Directive 2008/74/EC;(b) the emission limit values of gaseous and particulate pollutants and opacity of smoke from the engine as specified in Row B2 of the Tables in Section 6.2.1 of Annex I to Directive 2005/55/EC of the European Parliament and of the Council as amended by its subsequent amendments up to and including amendments made by Commission Directive 2008/74/EC;(c) all the type approval requirements as specified in Directive 2007/46/EC of the European Parliament and of the Council as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) 65/2012. (7) United States of America Motor Vehicle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in the Code of Federal Regulations Title 40 Protection of Environment Part 86 Control of Emissions from new and in-use highway vehicles and engines of the United States of America as at 20 March 2012;(b) the emission limit values as specified in—(i) the emission standards, as at 20 March 2012, for Otto-cycle heavy-duty vehicle models equipped with positive-ignition engines manufactured on and after 2008; or (ii) the emission standards and supplemental requirements, as at 20 March 2012, for heavy-duty vehicle models equipped with compression-ignition engines manufactured on and after 2007;(c) all the type approval requirements administered by the Environmental Protection Agency of the United States of America. (L.N. 173 of 2018)(8) European Union Motor Cycle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in Directive 97/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council; (b) the emission limit values for Type I test set out in Row B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council; (c) all the type approval requirements as specified in Directive 2002/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council. (9) United States of America Motor Cycle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as stated in the Code of Federal Regulations Title 40 Protection of Environment Parts 9, 86, 90 and 1051 Control of Emissions from highway motor cycles of the United States of America; (b) the emission limit values must comply with emission standards for 2006 and later model year motor cycles;(c) all the type approval requirements administered by the Environmental Protection Agency of the United States of America. (10) Japan Motor Cycle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in the Safety Regulation for Road Vehicles (i.e. the Ministry of Transport Ordinance No. 67 of 28 July 1951) as amended by its subsequent amendments up to and including amendments made by—(i) Ministry of Land, Infrastructure and Transport Ordinances No. 49 of 6 April 2005; and (ii) Ministry of Land, Infrastructure and Transport Notice No. 909 of 29 August 2005; (b) the emission limit values set out in the Ministry of Land, Infrastructure and Transport Notice No. 909 of 29 August 2005; (c) all the type approval requirements administered by the Ministry of Land, Infrastructure and Transport of Japan. (11) European Union Motor Tricycle Emission Standards, comprising all of the following requirements—(a) all the testing procedures, requirements and emission limits as specified in Directive 97/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council;(b) the emission limit values for Type I test set out in Row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council; (c) all the type approval requirements as specified in Directive 2002/24/EC made by the European Parliament and the Council as amended by its subsequent amendments up to and including amendments made by Directive 2005/30/EC made by the European Parliament and the Council. 3. Emission standards for certain non-road vehicles approved on or after 1 January 2019 (1) (Repealed L.N. 173 of 2018)(2) European Union Motor Vehicle Emission Standards, comprising all of the following—(a) all the testing procedures, requirements and emission limits, including those for on-board diagnostic system (except Type VI test), specified in—(i) Regulation (EC) No. 715/2007 of the European Parliament and of the Council; and(ii) Commission Regulation (EC) No. 692/2008 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/646;(b) the emission limit values for Type I test specified in Table 2 (Euro 6 Emission Limits) of Annex I to Regulation (EC) No. 715/2007 of the European Parliament and of the Council as amended by Commission Regulation (EC) No. 692/2008 and its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/646;(c) the emission standards and on-board diagnostic system standards specified in Row ZD, ZE or ZF of Table 1 of Appendix 6 to Annex I to Commission Regulation (EC) No. 692/2008 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/646;(d) all the type approval requirements specified in Directive 2007/46/EC of the European Parliament and of the Council as amended by its subsequent amendments up to and including amendments made by Regulation (EU) No. 2015/758.(3) United States of America Motor Vehicle Emission Standards, comprising all of the following—(a) all the testing procedures, requirements and emission limits, including those for on-board diagnostic system, specified in Title 13 of the California Code of Regulations of the United States of America as at 23 December 2016;(b) the emission limit values specified in “LEV III” in section 1961.2 of Article 2 of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations of the United States of America as at 23 December 2016;(c) all the type approval requirements administered by the California Air Resources Board.(4) Japan Motor Vehicle Emission Standards, comprising all of the following—(a) all the testing procedures, requirements and emission limits, including those for on-board diagnostic system, specified in—(i) the Safety Regulation for Road Vehicles (i.e. the Ministry of Transport Ordinance No. 67 of 28 July 1951) as amended by its subsequent amendments up to and including amendments made by the Ministry of Land, Infrastructure, Transport and Tourism Ordinance No. 18 of 31 March 2015; and(ii) the Announcement that Prescribes Details of Safety Regulations for Road Vehicles (i.e. the Ministry of Land, Infrastructure and Transport Announcement No. 619 of 15 July 2002) as amended by its subsequent amendments up to and including amendments made by the Ministry of Land, Infrastructure, Transport and Tourism Announcement No. 459 of 31 March 2015;(b) the emission limit values specified in Article 41 of the Announcement that Prescribes Details of Safety Regulations for Road Vehicles (i.e. the Ministry of Land, Infrastructure and Transport Announcement No. 619 of 15 July 2002) as amended by its subsequent amendments up to and including amendments made by the Ministry of Land, Infrastructure, Transport and Tourism Announcement No. 459 of 31 March 2015;(c) all the type approval requirements administered by the Ministry of Land, Infrastructure, Transport and Tourism of Japan.(5) (Repealed L.N. 173 of 2018)(6) European Union Motor Vehicle Emission Standards, comprising all of the following—(a) all the testing procedures, requirements and emission limits, including those for on-board diagnostic system, specified in—(i) Regulation (EC) No. 595/2009 of the European Parliament and of the Council; and(ii) Commission Regulation (EU) No. 582/2011 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718;(b) the emission limit values of gaseous and particulate pollutants from the engine specified in the Table entitled “Euro VI Emission Limits” of Annex I to Regulation (EC) No. 595/2009 of the European Parliament and of the Council as amended by Commission Regulation (EU) No. 582/2011 and its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718;(c) the requirements specified in Row C of Table 1 of Appendix 9 to Annex I to Commission Regulation (EU) No. 582/2011 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718;(d) all the type approval requirements specified in Directive 2007/46/EC of the European Parliament and of the Council as amended by its subsequent amendments up to and including amendments made by Regulation (EU) No. 2015/758.(7) United States of America Motor Vehicle Emission Standards, comprising all of the following—(a) all the testing procedures, requirements and emission limits, including those for on-board diagnostic system for 2017 and later model years, specified in the Code of Federal Regulations Title 40 Protection of Environment Part 86 Control of Emissions from New and In-use Highway Vehicles and Engines of the United States of America including and up to the amendments on 25 October 2016;(b) the emission limit values specified in—(i) section 86.008-10 entitled “Emission standards for 2008 and later model year Otto-cycle heavy-duty engines and vehicles” in the Code of Federal Regulations Title 40 Protection of Environment Part 86 Control of Emissions from New and In-use Highway Vehicles and Engines of the United States of America including and up to the amendments on 25 October 2016, for vehicle models equipped with positive-ignition engines including all the phase-in requirements for 2009;

or(ii) section 86.007-11 entitled “Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles” in the Code of Federal Regulations Title 40 Protection of Environment Part 86 Control of Emissions from New and In-use Highway Vehicles and Engines of the United States of America including and up to the amendments on 25 October 2016, for vehicle models equipped with compression-ignition engines including all the phase-in requirements for 2010;(c) all the type approval requirements administered by the United States Environmental Protection Agency. (L.N. 173 of 2018) 4. Emission standards for particulate emission from certain non-road vehicles approved on or after 1 January 2019 (1) (Repealed L.N. 173 of 2018)(2) Number of particles emitted must not exceed 6 × 1011 per kilometre, as measured by the Type I test procedure specified in—(a) Regulation (EC) No. 715/2007 of the European Parliament and of the Council; and(b) Commission Regulation (EC) No. 692/2008 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/646.(3) Number of particles emitted must not exceed 8 × 1011 per kilowatt-hour, as measured by the Worldwide Harmonised Steady State Cycle (WHSC) test procedure specified in—(a) Regulation (EC) No. 595/2009 of the European Parliament and of the Council; and(b) Commission Regulation (EU) No. 582/2011 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718.(4) Number of particles emitted must not exceed 6 × 1011 per kilowatt-hour, as measured by the Worldwide Harmonised Transient Driving Cycle (WHTC) test procedure specified in—(a) Regulation (EC) No. 595/2009 of the European Parliament and of the Council; and(b) Commission Regulation (EU) No. 582/2011 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718. (L.N. 173 of 2018) 5. Emission standards: portable emissions measurement system demonstration test at type approval Portable emissions measurement system demonstration test at type approval specified in Appendix 1 to Annex VI to Commission Regulation (EU) No. 582/2011 as amended by its subsequent amendments up to and including amendments made by Commission Regulation (EU) No. 2016/1718. (L.N. 173 of 2018) Schedule 2 [ss. 4, 5 & 6]Label Part 1 Requirements 1. For an approved regulated machine or non-road vehicle, the requirements with which a label mentioned in section 4(2)(a), 5(2)(a) or 6(2)(a) must comply are specified in Part 2 of this Schedule. 2. For an exempted regulated machine or non-road vehicle, the requirements with which a label mentioned in section 4(2)(a), 5(2)(a) or 6(2)(a) must comply are specified in Part 3 of this Schedule. Part 2 Requirements to be Complied with by Label for Approved Non-road Mobile Machinery 1. The colour and design of the label for an approved regulated machine or non-road vehicle must be as specified in the diagram below— 2. The label must be of a size of at least 200 mm in width and 130 mm in height. 3. The label is to be divided into 3 rectangular areas. Two of the areas, namely, Area I and Area II (marked I and II by the side of the diagram in section 1 of this Part) must each contain the information specified in column 2 of the following table opposite the name of the area specified in column 1 of the table. Table Column 1 Column 2 Name of area Information to be contained Area I (a) The type, trade name, model and serial number of the machine or vehicle; and (b) The make and model of the engine installed in the machine or vehicle. Area II The reference number assigned under section 7(3) or 14(2). 4. The label must be painted or securely fixed on the machine or vehicle and be displayed at a conspicuous position of the machine or vehicle. 5. The label must be properly maintained to ensure that the content of the label is clear and legible. Part 3 Requirements to be Complied with by Label for Exempted Non-road Mobile Machinery 1. The colour and design of the label for an exempted regulated machine or non-road vehicle must be as specified in the diagram below— 2. The label must be of a size of at least 200 mm in width and 130 mm in height. 3. The label is to be divided into 3 rectangular areas, namely, Area I, Area II and Area III (marked I, II and III by the side of the diagram in section 1 of this Part). Each area must contain the information specified in column 2 of the following table opposite the name of the area specified in column 1 of the table. Table Column 1 Column 2 Name of area Information to be contained Area I (a) The type, trade name, model and serial number of the machine or vehicle; and (b) The make and model of the engine installed in the machine or vehicle. Area II The reference number assigned under section 9(4), 11(2) or 14(2). Area III A statement that indicates whether the exemption is granted subject to conditions and the expiry date of the exemption. 4. The label must be painted or securely fixed on the machine or vehicle and be displayed at a conspicuous position of the machine or vehicle. 5. The label must be properly maintained to ensure that the content of the label is clear and legible.