In the case referred to in paragraph (1) of the preceding Article, when the Minister of Land, Infrastructure, Transport and Tourism finds, for a certain range of motor vehicles of the same model (including light motor vehicles exempt from inspection; the same applies hereinafter in this paragraph and the following paragraph and in paragraphs (1) through (3) of the following Article) whose structure, equipment or performance the Minister finds may not conform to the safety standards, that the cause lies in the process of design or manufacture, the Minister may recommend to the motor vehicle manufacturer, etc. that manufactured or imported those motor vehicles (excluding motor vehicles imported by a person other than a person engaged in the business of importing motor vehicles and other motor vehicles specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism; hereinafter referred to as "non-conforming motor vehicles") that it take the improvement measures necessary to make those non-conforming motor vehicles conform to the safety standards.
In the case referred to in paragraph (1) of the preceding Article, when the Minister of Land, Infrastructure, Transport and Tourism finds, for devices of a certain range of the same model that the Minister finds may not conform to the safety standards (excluding devices installed in the process of manufacturing a motor vehicle and other devices currently installed on a motor vehicle for which, in view of the process of their design or manufacture, it is found appropriate for the motor vehicle manufacturer, etc. of that motor vehicle to take improvement measures under the preceding paragraph; hereinafter referred to as "aftermarket devices") that are specified by Cabinet Order as being found to be used in large quantities mainly as aftermarket devices (hereinafter referred to as "specified aftermarket devices"), that the cause lies in the process of design or manufacture, the Minister may recommend to the equipment manufacturer, etc. (meaning a person engaged in the business of manufacturing motor vehicle equipment, or a person who has concluded a contract to purchase motor vehicle equipment to be exported to Japan from a person engaged in the business of manufacturing such equipment in a foreign country and is engaged in the business of importing that equipment; the same applies hereinafter in this Article, paragraphs (2) through (4) of the following Article and Article 63-4, paragraph (1)) that manufactured or imported those specified aftermarket devices (excluding specified aftermarket devices imported by a person other than a person engaged in the business of importing motor vehicle equipment and other specified aftermarket devices specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism; hereinafter referred to as "non-conforming specified aftermarket devices") that it take the improvement measures necessary to make those non-conforming specified aftermarket devices conform to the safety standards.
国土交通大臣は、前条第一項の場合において、保安基準に適合していないおそれがあると認める同一の型式の一定の範囲の装置（自動車の製作の過程において取り付けられた装置その他現に自動車に取り付けられている装置であつてその設計又は製作の過程からみて前項の規定により当該自動車の自動車製作者等が改善措置を講ずることが適当と認められるものを除く。以下「後付装置」という。）であつて主として後付装置として大量に使用されていると認められる政令で定めるもの（以下「特定後付装置」という。）について、その原因が設計又は製作の過程にあると認めるときは、当該特定後付装置（自動車の装置を輸入することを業とする者以外の者が輸入した特定後付装置その他国土交通省令で定める特定後付装置を除く。以下「基準不適合特定後付装置」という。）を製作し、又は輸入した装置製作者等（自動車の装置の製作を業とする者又は外国において本邦に輸出される自動車の装置を製作することを業とする者から当該装置を購入する契約を締結している者であつて当該装置を輸入することを業とするものをいう。以下この条、次条第二項から第四項まで及び第六十三条の四第一項において同じ。）に対し、当該基準不適合特定後付装置を保安基準に適合させるために必要な改善措置を講ずべきことを勧告することができる。
The Minister of Land, Infrastructure, Transport and Tourism is not to make the recommendation under paragraph (1) or the preceding paragraph when, with respect to a non-conforming motor vehicle or non-conforming specified aftermarket device whose cause the Minister finds lies in the process of design or manufacture, improvement measures have been taken by the motor vehicle manufacturer, etc. that made a notification under paragraph (1) of the following Article or the equipment manufacturer, etc. that made a notification under paragraph (2) of that Article, and the Minister finds that, as a result, there is no longer a likelihood of non-conformity to the safety standards.
When the Minister of Land, Infrastructure, Transport and Tourism has made a recommendation under paragraph (1) or (2) and the motor vehicle manufacturer, etc. or equipment manufacturer, etc. that received the recommendation does not comply with it, the Minister may make that fact public.
When a motor vehicle manufacturer, etc. or equipment manufacturer, etc. that received a recommendation prescribed in paragraph (1) or (2) has still, without legitimate grounds, failed to take the measures relating to the recommendation after it was made public pursuant to the preceding paragraph that the manufacturer did not comply with the recommendation, the Minister of Land, Infrastructure, Transport and Tourism may order that motor vehicle manufacturer, etc. or equipment manufacturer, etc. to take the measures relating to the recommendation.
When the Minister of Land, Infrastructure, Transport and Tourism intends to make a recommendation under paragraph (1) or (2) and finds it necessary, the Minister is to have the Agency conduct a technical verification of whether the cause of the likelihood that the structure, equipment or performance of motor vehicles, or specified aftermarket devices, do not conform to the safety standards lies in the process of design or manufacture.
When the Agency has conducted the technical verification under the preceding paragraph, it must without delay notify the Minister of Land, Infrastructure, Transport and Tourism of the result of that technical verification.