SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON RESTRICTIONS ON IDLING OF MOTOR VEHICLES Comparison

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON RESTRICTIONS ON IDLING OF MOTOR VEHICLES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON RESTRICTIONS ON IDLING OF MOTOR VEHICLES
Amendment of Other Laws No. 4907, Jan. 07, 2010	Partial Amendment No. 5361, Sep. 28, 2012
Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for restrictions on idling of motor vehicles pursuant to Article 59 of the Clean Air Conservation Act. <Amended on Sep. 30, 2008>	Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for restrictions on idling of motor vehicles pursuant to Article 59 of the Clean Air Conservation Act. <Amended by Ordinance No. 4695, Sep. 30, 2008>
Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows: 1. The term "motor vehicle" means a motor vehicle pursuant to subparagraph 13 of Article 2 of the Clean Air Conservation Act (hereinafter referred to as the "Act"): Provided, That a motorcycle shall be excluded; <Amended on Sep. 30, 2008> 2. The term "motor" means a mechanism installed in a motor vehicle, converting natural energy to power (mechanical energy); <Amended on Sep. 30, 2008> 3. The term "idling" means running a motor when a motor vehicle is stopped or parked. <Amended on Sep. 30, 2008>	Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: 1. The term "motor vehicle" means a motor vehicle pursuant to subparagraph 13 of Article 2 of the Clean Air Conservation Act (hereinafter referred to as the "Act"): Provided, That a motorcycle shall be excluded; <Amended by Ordinance No. 4695, Sep. 30, 2008> 2. The term "motor" means a mechanism installed in a motor vehicle, converting natural energy to power (mechanical energy); <Amended by Ordinance No. 4695, Sep. 30, 2008> 3. The term "idling" means running a motor when a motor vehicle is stopped or parked. <Amended by Ordinance No. 4695, Sep. 30, 2008>
Article 3 (Restricted Places) (1) Places where idling is restricted (hereinafter referred to as "restricted places") shall be as follows: <Amended on Sep. 30, 2008> 1. Terminals (referring to bus terminals pursuant to subparagraph 5 of Article 2 of the Passenger Transport Service Act and cargo terminals pursuant to subparagraph 4 (d) of Article 2 of the Framework Act on Logistics Policies); <Amended on May 28, 2009> 2. The following parking lots: (a) Parking lots for city buses, local buses, chartered buses, special passenger motor vehicles or ordinary taxis pursuant to Article 5 of the Passenger Transport Service Act and parking lots pursuant to Article 29 of the Passenger Transport Service Act; <Amended on Sep. 30, 2008> (b) Parking lots for transportation business of ordinary trucks pursuant to subparagraph 9 of Article 2 of the Trucking Transport Business Act and Article 13 of the Enforcement Rules of the same Act. <Amended on May 28, 2009> 3. On-street parking lots pursuant to subparagraph 1 of Article 2 of the Parking Lot Act; <Amended on Sep. 30, 2008> 4. Drive-in theaters; 5. Parking lots of major stadiums, etc. (Seoul World Cup Stadium, Jamsil Sports Complex, Mokdong Stadium, Hyochang Stadium, Olympic Park); <Amended on Sep. 30, 2008> 6. The following places, designated by the head of a Gu (hereinafter referred to as the "head of a Gu") who deems it necessary: <Amended on Sep. 30, 2008> (a) Bus turnarounds; (b) Off-street parking lots and parking lots attached to large-scale buildings, such as department stores, tourist hotels, general hospitals, etc.; (c) Historic palaces, national or public museums and the surrounding areas thereof; <Amended on Sep. 30, 2008> (d) Areas on which not less than 20 civil petitioners file a civil petition. <Amended on Sep. 30, 2008> 7. Areas for purification of school environments and sanitation established by the superintendent of the Seoul Metropolitan Office of Education pursuant to Article 3 of the Enforcement Decree of the School Health Act. <Newly Inserted on Nov. 11, 2009> (2) If the head of a Gu intends to designate restricted places pursuant to paragraph (1) 6, he/she shall announce such restricted places in the official gazette or the Internet not later than three months prior to the starting date of the control of offenses against restrictions on idling. <Amended on Sep. 30, 2008> (3) The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") and the head of a Gu shall install motor vehicle idling regulation signs as shown in the Illustration so that the citizens may readily recognize restricted places. <Amended on Sep. 30, 2008>	Article 3 (Restricted Places, etc.) (1) The whole area within jurisdiction of the Seoul Metropolitan Government shall be the place in which idling is restricted (hereinafter referred to as the "restricted place"). (2) The Mayor of the Seoul Metropolitan Government and the head of each autonomous Gu (hereinafter referred to as the “head of Gu”) may designate areas where it is necessary to particularly restrict idling, such as terminals, depots, parking lots, and school zones subject to purification of environment and sanitation, as places where idling is intensively restricted. (3) The Mayor and the head of Gu may install separate signs indicating the restriction on idling of motor vehicles conspicuously at places in which idling is intensively restricted so that citizens can easily notice such places. [This Article Wholly Amended by Ordinance No. 5361, Sep. 28, 2012]
Article 4 (Time Limit) (1) A driver of a motor vehicle shall not idle more than the time referred to in the following subparagraphs in restricted places pursuant to Article 3 (1):<Amended on Sep. 30, 2008> 1. A motor vehicle using gasoline or gas: Three minutes; 2. A motor vehicle using diesel: Five minutes. (2) In cases of a motor vehicle which is compelled to idle for heating and air conditioning, notwithstanding the provisions of paragraph (1), the time limit shall be ten minutes limited to cases where the air temperature is not less than 25 degrees centigrade above zero or less than five degrees centigrade above zero. <Amended on Sep. 30, 2008>	Article 4 (Time Limit) (1) A driver of a motor vehicle shall not idle more than the time referred to in the following subparagraphs in restricted places pursuant to Article 3 (1): <Amended by Ordinance No. 4695, Sep. 30, 2008> 1. A motor vehicle using gasoline or gas: Three minutes; 2. A motor vehicle using diesel: Five minutes. (2) In cases of a motor vehicle which is compelled to idle for heating and air conditioning, notwithstanding paragraph (1), the time limit shall be ten minutes limited to cases where the air temperature is not less than 25 degrees centigrade above zero or less than five degrees centigrade above zero. <Amended by Ordinance No. 4695, Sep. 30, 2008>
Article 5 (Kinds of Restricted Motor Vehicles) Idling-restricted motor vehicles shall be motor vehicles pursuant to subparagraph 1 of Article 2: Provided, That this shall not apply to motor vehicles falling under any of the following subparagraphs: <Amended on May 28, 2009> 1. Emergency motor vehicles in active service, such as police cars, fire trucks, ambulances, etc., and motor vehicles corresponding thereto; <Amended on Sep. 30, 2008> 2. Motor vehicles which use a motor as power, such as freezer trucks, refrigerator vans, garbage trucks, etc.; <Amended on Sep. 30, 2008> 3. Motor vehicles compelled to idle as motor vehicles under service. <Amended on Sep. 30, 2008>	Article 5 (Kinds of Restricted Motor Vehicles) Idling-restricted motor vehicles shall be motor vehicles pursuant to subparagraph 1 of Article 2: Provided, That this shall not apply to any of the following motor vehicles: <Amended by Ordinance No. 4791, May 28, 2009> 1. Emergency motor vehicles in active service, such as police cars, fire trucks, ambulances, etc., and motor vehicles corresponding thereto; <Amended by Ordinance No. 4695, Sep. 30, 2008> 2. Motor vehicles which use a motor as power, such as freezer trucks, refrigerator vans, garbage trucks, etc.; <Amended by Ordinance No. 4695, Sep. 30, 2008> 3. Motor vehicles compelled to idle as motor vehicles under service. <Amended by Ordinance No. 4695, Sep. 30, 2008>
Article 6 (Installation of Device which Restricts Idling) (1) The Mayor may order the installation of a device which restricts idling in motor vehicles prescribed by Ordinance of the Ministry of Environment, such as motor vehicles for mass transportation, etc., to prevent air pollution and fuel depletion due to idling. <Newly Inserted on Nov. 11, 2009> (2) The Mayor may subsidize or lend part of necessary money within budgetary limits to owners of motor vehicles who have been ordered to install the device pursuant to paragraph (1). <Newly Inserted on Nov. 11, 2009>	Article 6 (Installation of Device which Restricts Idling) (1) The Mayor may order the installation of a device which restricts idling in motor vehicles prescribed by Ordinance of the Ministry of Environment, such as motor vehicles for mass transportation, etc., to prevent air pollution and fuel depletion due to idling. (2) The Mayor may subsidize or lend part of necessary money within budgetary limits to owners of motor vehicles who have been ordered to install the device pursuant to paragraph (1). [This Article Newly Inserted by Ordinance No. 4881, Nov. 11, 2009]
Article 7 (Controlling Public Officials) (1) The Mayor or the head of a Gu may appoint a public official working in fields related to the environment or to traffic administration as a public official in charge of control over restrictions on idling (hereinafter referred to as "controlling public official") to have him/her perform his/her duties of control over idling. <Amended on Sep. 30, 2008; Nov. 11, 2009> (2) When a controlling public official performs his/her control duties, he/she shall wear a cap or armband so that anyone may readily recognize that the relevant public official is performing his/her control duties, and carry equipment necessary for control, such as a watch for measurement, thermometer, mobile phone, etc. <Amended on Sep. 30, 2008; Nov. 11, 2009>	Article 7 (Controlling Public Officials) (1) The Mayor or the head of a Gu may appoint a public official working in fields related to the environment or to traffic administration as a public official in charge of control over restrictions on idling (hereinafter referred to as "controlling public official") to have him/her perform his/her duties of control over idling. <Amended by Ordinance No. 4695, Sep. 30, 2008; Ordinance No. 4881, Nov. 11, 2009> (2) When a controlling public official performs his/her control duties, he/she shall wear a cap or armband so that anyone may readily recognize that the relevant public official is performing his/her control duties, and carry equipment necessary for control, such as a watch for measurement, thermometer, mobile phone, etc. <Amended by Ordinance No. 4695, Sep. 30, 2008; Ordinance No. 4881, Nov. 11, 2009>
Article 8 (Methods of Control) (1) Where a controlling public official finds a motor vehicle idling in the restricted place, he/she shall warn a driver of the relevant motor vehicle to stop idling. <Amended on Sep. 30, 2008; Nov. 11, 2009> (2) A controling public official shall measure the idling time from the moment he/she issues a warning pursuant to paragraph (1): Provided, That where a driver of a motor vehicle is not in the driver's seat, he/she shall measure the time when he/she finds idling. <Amended on May 28, 2009; Nov. 11, 2009> (3) Where the idling time measured pursuant to paragraph (2) exceeds the time limit referred to in Article 4, a controlling public official shall prepare a written confirmation in the Form and issue it to a driver of a motor vehicle. <Amended on Sep. 30, 2008; Nov. 11, 2009>	Article 8 (Methods of Control) (1) Where a controlling public official finds a motor vehicle idling in the restricted place, he/she shall warn a driver of the relevant motor vehicle to stop idling. <Amended by Ordinance No. 4695, Sep. 30, 2008; Ordinance No. 4881, Nov. 11, 2009> (2) A controling public official shall measure the idling time from the moment he/she issues a warning pursuant to paragraph (1): Provided, That where a driver of a motor vehicle is not in the driver's seat, he/she shall measure the time when he/she finds idling. <Amended by Ordinance No. 4791, May 28, 2009; Ordinance No. 4881, Nov. 11, 2009> (3) Where the idling time measured pursuant to paragraph (2) exceeds the time limit referred to in Article 4, a controlling public official shall prepare a written confirmation in the Form and issue it to a driver of a motor vehicle. <Amended by Ordinance No. 4695, Sep. 30, 2008; Ordinance No. 4881, Nov. 11, 2009>
Article 9 (Publicity and Enlightenment) An owner or manager of an idling-restricted place shall publicize and advise users of the relevant area about restrictions on idling. <Amended on Sep. 30, 2008; Nov. 11, 2009>	Article 9 (Information and Guidance) (1) The owner or manager of a place where idling is intensively restricted shall take measures to inform and guide users of the place about the restriction of idling. (2) The head of Gu shall keep on taking measures for information and guidance so as to prevent idling of motor vehicles in the area within his/her jurisdiction. [This Article Wholly Amended by Ordinance No. 5361, Sep. 28, 2012]
Article 10 (Imposition of Fines for Negligence) (1) The Mayor or the head of a Gu shall impose a fine for negligence of 50,000 won on a person who violates this Ordinance and collect it from him/her whenever he/she violates this Ordinance, pursuant to Article 94 (2) 5 of the Act, and may reduce the amount imposed by up to one-half in consideration of the motive of the relevant offense and the result thereof, etc. <Amended on May 28, 2009; Nov. 11, 2009> (2) Where the Mayor or the head of a Gu imposes and collects a fine for negligence referred to in paragraph (1), the Act on the Regulation of Violations of Public Order shall apply. <Amended on May 28, 2009; Nov. 11, 2009> (3) Deleted. <on May 28, 2009> (4) Deleted. <on May 28, 2009>	Article 10 (Imposition of Fines for Negligence) (1) The Mayor or the head of a Gu shall impose a fine for negligence of 50,000 won on a person who violates this Ordinance and collect it from him/her whenever he/she violates this Ordinance, pursuant to Article 94 (2) 5 of the Act, and may reduce the amount imposed by up to one-half in consideration of the motive of the relevant offense and the result thereof, etc. <Amended by Ordinance No. 4791, May 28, 2009; Ordinance No. 4881, Nov. 11, 2009> (2) Where the Mayor or the head of a Gu imposes and collects a fine for negligence referred to in paragraph (1), the Act on the Regulation of Violations of Public Order shall apply. <Amended by Ordinance No. 4791, May 28, 2009; Ordinance No. 4881, Nov. 11, 2009> (3) Deleted. <by Ordinance No. 4791, May 28, 2009> (4) Deleted. <by Ordinance No. 4791, May 28, 2009>
ADDENDUM <Jul. 15, 2003> This Ordinance shall enter into force on January 1, 2004. ADDENDUM <Sep. 30, 2008> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <May 28, 2009> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4881, Nov. 11, 2009> This Ordinance shall enter into force on January 1, 2010. ADDENDUM <Ordinance No. 4907, Jan. 7, 2010> This Ordinance shall enter into force on the date of its promulgation.	ADDENDUM <Ordinance No. 4126, Jul. 15, 2003> This Ordinance shall enter into force on January 1, 2004. ADDENDUM <Ordinance No. 4695, Sep. 30, 2008> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4791, May 28, 2009> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4881, Nov. 11, 2009> This Ordinance shall enter into force on January 1, 2010. ADDENDUM <Ordinance No. 4907, Jan. 7, 2010> This Ordinance shall enter into force on the date of its promulgation. ADDENDA <Ordinance No. 5361, Sep. 28, 2012> Article 1 (Enforcement Date) This Ordinance shall enter into force on January 1, 2013. Article 2 (Transitional Measure concerning Places where Idling is Restricted) The places designated as those in which idling is restricted under the former provisions before this Ordinance enters into force shall be deemed the places designated as those in which idling is intensively restricted under Article 3 (2).