In order to promote the safety of motor vehicles and achieve the prevention of pollution caused by motor vehicles and other conservation of the environment, the Minister of Land, Infrastructure, Transport and Tourism designates motor vehicles by type upon application.
国土交通大臣は、自動車の安全性の増進及び自動車による公害の防止その他の環境の保全を図るため、申請により、自動車をその型式について指定する。
An application for designation under the preceding paragraph may also be made, for motor vehicles exported to Japan, by a person engaged in the business of manufacturing the motor vehicles in a foreign country, or by a person who has concluded a contract to purchase the motor vehicles from that person and is engaged in the business of exporting the motor vehicles to Japan.
Designation under paragraph (1) is made by determining whether the structure, equipment and performance of the motor vehicle in the application conform to the safety standards and whether the motor vehicle has uniformity. In this case, the structure, equipment and performance relating to the designation of a specified common structural part that has received designation for its type under paragraph (1) of the following Article (meaning a specified common structural part prescribed in that paragraph), and equipment that has received designation for its type under Article 75-3, paragraph (1), are deemed to conform to the safety standards.
A person who has filed an application under paragraph (1) must, when transferring a motor vehicle that has received designation for its type (in the case of a motor vehicle relating to a person prescribed in paragraph (2) who has received designation under paragraph (1) for the type of motor vehicle that the person manufactures or exports (referred to as "designated foreign manufacturer, etc." in paragraph (9)), limited to one exported to Japan; the same applies in paragraph (8) and paragraph (9), item (iv)), inspect whether the structure, equipment and performance of the motor vehicle conform to the safety standards and, if finding that they conform, issue a completion inspection certificate and deliver it to the transferee.
In lieu of the issuance and delivery of a completion inspection certificate under the preceding paragraph for a motor vehicle that has received designation for its type (excluding those prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism), a person who has filed an application under paragraph (1) may, as prescribed by Cabinet Order, with the consent of the transferee, provide the particulars to be stated in the completion inspection certificate to a registered information processing body by electronic or magnetic means.
When the particulars to be stated in a completion inspection certificate have been provided to a registered information processing body pursuant to the preceding paragraph, the person who has filed an application under paragraph (1) is deemed to have issued the completion inspection certificate and delivered it to the transferee.
If the Minister of Land, Infrastructure, Transport and Tourism finds that a person who has filed an application under paragraph (1) is in violation of a provision of an Order of the Ministry of Land, Infrastructure, Transport and Tourism based on the provisions of Article 76 (limited to the part relating to designation under that paragraph), the Minister may order that person to take measures necessary to rectify the violation, or suspend the effect of designation under that paragraph until the Minister finds that measures necessary to rectify the violation have been taken. In this case, when suspending the effect of designation, the Minister may limit the scope of the effect of the suspension to motor vehicles manufactured by the day of the suspension.
The Minister of Land, Infrastructure, Transport and Tourism may revoke designation under paragraph (1) if any of the following applies. In this case, the Minister may limit the scope of the effect of the revocation to motor vehicles manufactured by the day of the revocation:
when the structure, equipment or performance of a motor vehicle that has received designation for its type has ceased to conform to the safety standards;
when a motor vehicle that has received designation for its type has ceased to have uniformity;
その型式について指定を受けた自動車が均一性を有するものでなくなつたとき。
when designation has been received for its type by fraudulent means.
不正の手段によりその型式について指定を受けたとき。
In addition to the preceding paragraph, the Minister of Land, Infrastructure, Transport and Tourism may revoke designation under paragraph (1) relating to a designated foreign manufacturer, etc. if any of the following applies:
when the designated foreign manufacturer, etc. has violated paragraph (4);
when the designated foreign manufacturer, etc. has violated a provision of an Order of the Ministry of Land, Infrastructure, Transport and Tourism based on the provisions of Article 76 (limited to the part relating to designation under paragraph (1));
when, the Minister of Land, Infrastructure, Transport and Tourism having found it necessary to achieve the purpose of Article 1 and requested a report from the designated foreign manufacturer, etc. on its business, the report has not been made or a false report has been made;
when, the Minister of Land, Infrastructure, Transport and Tourism having found it particularly necessary to achieve the purpose of Article 1 and intended to have the Minister's officials inspect motor vehicles, books and documents and other articles, or question persons concerned, at the offices or other places of business of the designated foreign manufacturer, etc. or at the places where motor vehicles that have received designation for their type are found to be located, the inspection has been refused, obstructed or evaded, or no statement has been made or a false statement has been made in response to the questions.