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 by type, upon application, equipment listed in the items of Article 41, paragraph (1) that is prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "specified equipment").
An application for designation under the preceding paragraph may also be made, for specified equipment exported to Japan, by a person engaged in the business of manufacturing the specified equipment in a foreign country, or by a person who has concluded a contract to purchase the specified equipment from that person and is engaged in the business of exporting the specified equipment to Japan.
Designation under paragraph (1) is made by determining whether the specified equipment in the application conforms to the safety standards and has uniformity.
Designation under paragraph (1) may be made with limits on the range of motor vehicles or specified common structural parts to which the specified equipment can be attached.
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 equipment 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 equipment manufactured by the day of the revocation:
国土交通大臣は、次の各号のいずれかに該当する場合には、第一項の規定による指定を取り消すことができる。この場合において、国土交通大臣は、取消しの日までに製作された装置について取消しの効力の及ぶ範囲を限定することができる。
when specified equipment that has received designation for its type has ceased to conform to the safety standards;
when specified equipment 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特定装置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 equipment manufacturer, etc. (meaning a person prescribed in paragraph (2) who has received designation under paragraph (1) for the type of specified equipment that the person manufactures or exports; the same applies hereinafter in this paragraph) if the designated foreign equipment manufacturer, etc. falls under any of the following:
when the designated foreign equipment 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));
指定外国装置製作者等が第七十六条の規定に基づく国土交通省令の規定(第一項の規定による指定に係る部分に限る。)に違反したとき。
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 equipment manufacturer, etc. on its business, the report has not been made or a false report has been made;
国土交通大臣が第一条の目的を達成するため必要があると認めて指定外国装置製作者等に対しその業務に関し報告を求めた場合において、その報告がされず、又は虚偽の報告がされたとき。
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 specified equipment, books and documents and other articles, or question persons concerned, at the offices or other places of business of the designated foreign equipment manufacturer, etc. or at the places where specified equipment that has received designation for its type is 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.
国土交通大臣が第一条の目的を達成するため特に必要があると認めてその職員に指定外国装置製作者等の事務所その他の事業場又はその型式について指定を受けた特定装置の所在すると認める場所において当該特定装置、帳簿書類その他の物件についての検査をさせ、又は関係者に質問をさせようとした場合において、その検査が拒まれ、妨げられ、若しくは忌避され、又は質問に対し陳述がされず、若しくは虚偽の陳述がされたとき。
Specified equipment prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism is, where it has received, as prescribed by that Order, certification or other proof equivalent to designation under paragraph (1) given by a foreign country for its type, deemed, for the purpose of applying the latter part of Article 75, paragraph (3) and the latter part of paragraph (3) of the preceding Article, to be equipment that has received designation for its type under paragraph (1).