| OTO No. | 601 | Classification | MOT-56 | |
|---|---|---|---|---|
| Date of Acceptance | October 22, 1999 | Ministry/Agency Receiving Complaint | Cabinet Office (Economic Planning Agency) | |
| Responsible Ministries | Ministry of Land, Infrastructure and Transport (Ministry of Transport) | Related Laws | Road Vehicles Law | |
| Complainant | Domestic firm | Exporting Countries | USA | |
| Subject | Acceptance of foreign test data concerning braking on imported two-wheeled vehicles | |||
| Description of Complaint | 1. In order to have parallel imported two-wheeled vehicles registered in Japan, a certificate from the manufacturer (foreign maker) must be obtained certifying that vehicles meet the "road vehicle safety regulations." If this is not possible, the vehicles must undergo braking tests at the Japan Automobile Research Institute.
2. While the maximum speed limit for two-wheeled vehicles in Japan is set at 80 km/h, the institute has the vehicle brake suddenly after reaching a speed of 160 km/h to test braking performance. The Institute has withheld braking tests. A braking test costs as much as 1 million Yen 1.8 million Yen. These are the problems with Institute testing. 3. Given the way in which parallel imports are conducted, it is extremely difficult for importers to obtain the above certificates from foreign makers, and since the testing method which is the required alternative is not yet finalized, vehicle registration cannot be completed, which is a very unreasonable situation. The braking performance of foreign-made two-wheeled vehicles and testing regulations abroad are generally recognized as equivalent to or better, compared to those in Japan, and accordingly, testing procedures should be simplified and speeded up, by accepting foreign test data to make it unnecessary to undergo testing in Japan. 4. Taking account of the structural characteristics of two-wheeled vehicles whose devices are easy to confirm externally, the government should consider the use of "the vehicle manufacturer's certificate" as submitted by an official sales agent for parallel imports if parallel importers' applications make no change to the vehicles as assembled by their manufacturers. |
|||
| Details of Measures | The ministry replied as follows. 1. Regarding setting the maximum speed for testing braking performance of two-wheeled vehicles at 160 km/h, in accordance with the speed limit for such vehicles, as one of the requirements concerning brakes on two-wheeled vehicles, the method of confirming braking performance was simplified with the "partial modification to the requirements for vehicle inspection, etc." dated July 16, 1999. 2. The Japan Automobile Research Institute is now able to conduct braking tests and has been accepting applications since July 19,1999. The fees charged by the Institute and waiting time before testing are matters between the Institute and the complainant, and are not an issue where the Ministry of Transport should be involved. 3. Since parallel imports of vehicles are done on an individual basis, if the above testing is not done in Japan, a "certificate proving conformity with safety regulations" must be submitted for each vehicle. However, if test result certificates issued by foreign testing facilities approved by the Ministry of Transport are available, those certificates may be used for vehicles with thesame structure as those which were tested, making domestic braking tests unnecessary. The ministry believes that it is possible for even parallel importers to obtain "certificates proving conformity with safety regulations" and "test result certificates" by requesting them from foreign vehicle manufacturers or foreign testing facilities. 4. The vehicle manufacturer's certificate has been issued by the manufacturer for each vehicle with its own platform number subject to applications. |
|||
| Status of Processing | Processed (March 2, 2001) | Classification | D | |
| Remarks |
A written reply was made on November 26, 1999.
An additional written reply was made on April 14, 2000. An additional written reply was made on July 17, 2000. An additional written reply was made on February 14, 2001. Consultations were held on March 2, 2001. At the 15th OTO Grievances Resolution Meeting held on February 16, 2001, the Committee pointed out that the parallel car importers find it difficult to obtain the certificate from the manufacturers and the discrepancy can be easily detected by the authority concerned. In this respect the Ministry forwarded its reply as follow,(Abstract of the reply forwarded by the Ministry)(omission ) The Ministry of Land, Infrastructure and Transport is embarking on the process of intensifying security measures so as to ensure that the security standard is maintained. In view of this, even for parallel imported vehicles, there is a need to adhere to the security standard conformation based on the certification prepared by the authority who possesses the ability to evaluate the conformation standard concerned. As for the letter of certification issued by the car manufacturers, it may be taken as on of the proofs that conformation of the security standards has been satisfied.However, as far as the vehicles and other vehicles which posses the certification issued by the car manufacturers are concerned, it is to be noted that there is every possibility that the braking system in the latter category which may be subjected, as for instance to the recall system or the altered system, it is difficult for its system to be distinguished as the same as the former category. It thus follows that it is necessary for a certificate proving conformity with safety regulations to be issued for the latter category of cars separately.( omission)
|
|||