Most Read Contributor in Hong Kong, September 2016
Keywords: Air Pollution Control, Diesel Commercial
Vehicles, Air Quality
The Air Pollution Control (Air Pollutant Emission) (Controlled
Vehicles) Regulation (Regulation) was gazetted on 25 October 2013
and comes into operation on 1 February 2014.
The Regulation seeks to:
Phase out about 80,000 existing pre-Euro IV diesel commercial
vehicles (pre-Euro IV Vehicles)
Set a service life limit of 15 years for diesel commercial
vehicles which are newly registered on or after 1 February
The pre-Euro IV Vehicles, which are equipped with
compression-ignition engines, comprise goods vehicles1,
light buses2 and non-franchised buses3,
irrespective of whether or not such vehicles are used on a
commercial or non-commercial basis.
The justifications for the introduction of the Regulation are
that it will:
Improve roadside air quality and better protect public
Reduce emissions of respirable suspended particulates and
nitrogen oxides from vehicles, thereby reducing the number of
premature deaths due to long-term exposure to such pollutants
Reduce the risk of cancer due to exposure to diesel engine
exhaust fumes, which the World Health Organisation has categorised
As an incentive to owners to phase out their pre-Euro IV
Vehicles, the government will offer an ex-gratia payment ranging
from 27 to 33 percent of the average taxable values of the new
vehicles. The payment level depends on the age of the pre-Euro IV
Vehicles to be phased out.
For the purposes of an application for a vehicle licence under
the Road Traffic (Registration and Licensing of Vehicles )
Regulations (Cap. 374E), on the relevant dates specified under the
Regulation (or the 15th anniversary of the date of first
registration for a diesel vehicle registered on or after 1 February
2014 as the case may be), the vehicle's emissions must conform
to the applicable emissions standards under the Air Pollution
Control (Vehicle Design Standards) (Emission) Regulations (Cap.
311J) as if the vehicle were first registered on the date of the
vehicle licence application. If the vehicle does not comply with
any emissions requirements under the Regulation, the Commissioner
of Transport may refuse to license the vehicles under the Road
Traffic Ordinance (Cap. 374).
There is a provision in the Regulation which exempts certain
vehicles or types of vehicle from application of the Regulation if
exceptional circumstances make it impractical or unreasonable for a
vehicle to comply with the Regulation. Such exemption may be
granted subject to conditions.
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This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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