SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CONGESTION FEES Comparison

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CONGESTION FEES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CONGESTION FEES
Amendment of Other Laws No. 6016, Oct. 08, 2015	Partial Amendment No. 6227, May. 19, 2016
Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated pursuant to Articles 22 and 35 of the Urban Traffic Improvement Promotion Act and Article 15 of the Enforcement Decree of the aforesaid Act regarding the imposition and collection of congestion fees and matters necessary for the enforcement thereof. [This Article Wholly Amended on Sep. 12, 2002; Jan. 2, 2007; Sep. 29, 2009]	Article 1 (Purpose) The purpose of this Ordinance is to provide for matters mandated under Articles 22 and 35 of the Urban Traffic Improvement Promotion Act and Article 15 of the Enforcement Decree of the aforesaid Act regarding the imposition and collection of congestion fees and matters necessary for the enforcement thereof. <Amended by Ordinance No. 4028, Sep. 12, 2002; Ordinance No. 4463, Jan. 2, 2007; Ordinance No. 4853, Sep. 29, 2009>
Article 2 (Definitions) Terms used in this Ordinance shall be defined as follows: 1. "Emergency vehicle" refers to a motor vehicles under subparagraph 20 of Article 2 of the Road Traffic Act and Article 2 of the Enforcement Decree of the aforesaid Act; 2. "Disabled person's vehicle" refers to a motor vehicle used mainly by a disabled person who is registered pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Welfare of Disabled Persons Act and registered in the name of the disabled person or his/her lineal ascendant, descendant, spouse, or sibling who is in the same household together with the disabled person on the resident register or a motor vehicle registered in the name of an organization related to disabled persons; 3. "Low-pollution vehicle" refers to any of the following motor vehicles: (a) Class I, II, and III low-pollution motor vehicles under Article 3 of the Enforcement Decree of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area; (b) Motor vehicles with an exhaust-gas-reduction apparatus under subparagraph 17 of Article 2 of the Clean Air Conservation Act and motor vehicles with a low-pollution engine under subparagraph 18 of the aforesaid Article; 4. "Vehicle with an electronic tag" refers to a motor vehicle with an electronic tag that enables to identify the vehicle by eyes and electronic devices. [This Article Wholly Amended on Sep. 29, 2009]	Article 2 (Definitions) Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5578, Oct. 4, 2013> 1. The term "emergency vehicle" means a motor vehicle under subparagraph 22 of Article 2 of the Road Traffic Act and Article 2 of the Enforcement Decree of the aforesaid Act; 2. The term "vehicle of a person with a disability" means a motor vehicle used mainly by a person with a disability who is registered pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on Welfare of Persons with Disabilities and registered in the name of the person with a disability or his/her lineal ascendant, descendant, spouse, or sibling who is in the same household together with the person with a disability on the resident register or a motor vehicle registered in the name of an organization related to persons with disabilities; 3. The term "low-emission vehicle" means any of the following motor vehicles: (a) Class I, II, and III low-emission motor vehicles under Article 3 of the Enforcement Decree of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area; (b) Motor vehicles with an exhaust gas reduction device under subparagraph 17 of Article 2 of the Clean Air Conservation Act and motor vehicles with a low-emission engine under subparagraph 18 of the aforesaid Article; 4. The term "vehicle with an electronic tag" means a motor vehicle with an electronic tag that enables to identify the vehicle by eyes and electronic devices.
Article 3 (Designation of Areas subject to Imposition of Congestion Fees and Cancellation of Designation) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") may designate an area as a traffic congestion area pursuant to Article 15 of the Enforcement Decree of the Urban Traffic Improvement Promotion Act. (2) When the Mayor designates an area as a traffic congestion area pursuant to paragraph (1) or cancels such designation, he/she shall give public notice thereof. [This Article Wholly Amended on Jul. 21, 2005; Sep. 29, 2009]	Article 3 (Designation of Areas Subject to Imposition of Congestion Fees and Cancellation of Designation) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") may designate an area as an area subject to the imposition of congestion fees pursuant to Article 15 of the Enforcement Decree of the Urban Traffic Improvement Promotion Act. <Amended by Ordinance No. 6016, Oct. 8, 2015> (2) When the Mayor designates an area as a traffic congestion area pursuant to paragraph (1) or cancels such designation, he/she shall give public notice thereof.
Article 4 (Hours subject to Imposition of Congestion Fees) (1) The hours subject to the imposition of congestion fees shall be from 7:00 to 21:00: Provided, That no congestion fee shall be imposed on Saturdays, Sundays and official holidays. <Amended on Jul. 21, 2005> (2) If it is necessary to adjust the hours subject to the imposition of congestion fees due to regional characteristics, a change in traffic congestion hours, or the like, the Mayor may set different hours for an area subject to the imposition of congestion fees than other areas within the range of the hours under paragraph (1). <Amended on Jul. 21, 2005> (3) When the Mayor sets different hours subject to the imposition of congestion fees pursuant to paragraph (2), he/she shall give public notice thereof. <Amended on Sep. 29, 2009>	Article 4 (Hours Subject to Imposition of Congestion Fees) (1) The hours subject to the imposition of congestion fees shall be from 7:00 to 21:00: Provided, That no congestion fee shall be imposed on Saturdays, Sundays and official holidays. <Amended on Jul. 21, 2005> (2) If it is necessary to adjust the hours subject to the imposition of congestion fees due to regional characteristics, a change in traffic congestion hours, or the like, the Mayor may set different hours for an area subject to the imposition of congestion fees than other areas within the range of the hours under paragraph (1). <Amended on Jul. 21, 2005> (3) When the Mayor sets different hours subject to the imposition of congestion fees pursuant to paragraph (2), he/she shall give public notice thereof. <Amended on Sep. 29, 2009>
Article 5 (Types of Vehicles subject to Imposition) A motor vehicle with two or less persons on board, including the driver, shall be subject to the imposition of congestion fees, if it falls under any of the following subparagraphs: 1. A passenger vehicle under Article 2 (1) 1 of the Enforcement Rule of the Automobile Management Act: 2. A motor vehicle manufactured suitably for the transportation of not more than ten persons and classified as a microbus under Article 8 of the Addenda to the Enforcement Rule of the Automobile Management Act (Ministry of Construction and Transportation Ordinance No. 83, Dec. 9, 1996). [This Article Wholly Amended on Sep. 29, 2009]	Article 5 (Types of Vehicles Subject to Imposition) A motor vehicle with two or less persons on board, including the driver, shall be subject to the imposition of congestion fees, if it falls under any of the following subparagraphs: <Amended by Ordinance No. 5578, Oct. 4, 2013> 1. A passenger vehicle under Article 3 (1) 1 of the Motor Vehicle Management Act; 2. A motor vehicle manufactured suitably for the transportation of not more than ten persons and classified as a microbus under Article 8 of the Addenda to the Enforcement Rule of the Automobile Management Act (Ministry of Construction and Transportation Ordinance No. 83, Dec. 9, 1996). [This Article Wholly Amended on Sep. 29, 2009]
Article 6 (Exemption for Congestion Fees) (1) Notwithstanding Article 5, no congestion fee shall be imposed on any of the following motor vehicles: 1. An emergency vehicle (limited to a vehicle with an identification mark fixed on its exterior); 2. A disabled person's vehicle (limited to a vehicle with an identification mark "disabled person" fixed on it); 3. A motor vehicle for protocol of foreign guests to Korea (limited to a vehicle with an identification mark "foreign guest" on a number plate); 4. A motor vehicle for diplomacy (limited to a vehicle with an identification mark "diplomat" in black letters on a yellow number plate); 5. A motor vehicle for the press (limited to a vehicle with an identification mark fixed on its exterior); 6. A motor vehicle for official affairs (limited to a vehicle with an identification mark fixed on its exterior or a vehicle recognized by the Mayor as one that can not carry any identification mark fixed on it because it is for a special mission, such as security guard, intelligence, investigation, and military operations); 7. A taxi; 8. A light microbus under Article 2 (1) 2 (b) of the Enforcement Rule of the Automobile Management Act; 9. A passenger vehicle for both passengers and cargo under Article 2 (2) of the Enforcement Rule of the Automobile Management Act; 10. A Class I low-pollution motor vehicle under Article 2 (1) 4 (a) or a Class II low-pollution motor vehicle recognized by the Mayor as a low-pollution vehicle (limited to a motor vehicle with an electronic tag fixed thereon). (2). Notwithstanding Article 5, any of the following motor vehicles shall be exempted from a congestion fee by 50/100: 1. A Class III low-pollution motor vehicle under Article 2 (1) 4 (a) or (b), recognized by the Mayor as a low-pollution vehicle (limited to a motor vehicle with an electronic tag fixed thereon); 2. A motor vehicle that participates in the no-driving day campaign for passenger vehicles and observes no-driving days (limited to a motor vehicle with an electronic tag fixed thereon): Provided, That a vehicle that fails to observe no-driving days on three or more occasions a year shall be excluded from such exemption for a period specified by the Mayor. [This Article Wholly Amended on Sep. 29, 2009]	Article 6 (Exemption for Congestion Fees) (1) Notwithstanding Article 5, no congestion fee shall be imposed on any of the following motor vehicles: <Amended by Ordinance No. 5578, Oct. 4, 2013> 1. An emergency vehicle (limited to a vehicle with an identification mark fixed on its exterior); 2. A vehicle of a person with a disability (limited to a vehicle with an identification mark "person with a disability" fixed on it); 3. A motor vehicle for protocol of foreign guests to Korea (limited to a vehicle with an identification mark "foreign guest" on a number plate); 4. A motor vehicle for diplomacy (limited to a vehicle with an identification mark "diplomat" in black letters on a yellow number plate); 5. A motor vehicle for the press (limited to a vehicle with an identification mark fixed on its exterior); 6. A motor vehicle for official affairs (limited to a vehicle with an identification mark fixed on its exterior or a vehicle recognized by the Mayor as one that can not carry any identification mark fixed on it because it is for a special mission, such as security guard, intelligence, investigation, and military operations); 7. A taxi; 8. A motor vehicle classified as a light microbus under Article 2 and attached Table 1 of the Enforcement Rule of the Motor Vehicle Management Act; 9. A motor vehicle classified as a passenger vehicle for both passengers and cargo under Article 2 and attached Table 1 of the Enforcement Rule of the Motor Vehicle Management Act; 10. A Class I low-emission motor vehicle under subparagraph 3 (a) of Article 2 or a Class II low-emission motor vehicle recognized by the Mayor as a low-emission vehicle (limited to a motor vehicle with an electronic tag fixed thereon). (2) Notwithstanding Article 5, any of the following motor vehicles shall be exempted from a congestion fee by 50/100: <Amended by Ordinance No. 5578, Oct. 4, 2013> 1. A Class III low-emission motor vehicle under subparagraph 3 (a) of Article 2, recognized by the Mayor as a low-emission vehicle (limited to a motor vehicle with an electronic tag fixed thereon); 2. Deleted. <by Ordinance No. 6227, May 19, 2016> [This Article Newly Inserted by Ordinance No. 4463, Jan. 2, 2007]
Article 7 (Guidelines for Imposition of Congestion Fees) The amount of a congestion fee shall be 2,000 won. [This Article Wholly Amended on Sep. 29, 2009]	Same as left
Article 8 (Methods of Collecting Congestion Fees) (1) The methods of collecting congestion fees shall be classified into collection by collectors and automated collection by electronic devices, and either a single method or combined methods may be applied for the collection depending upon regional circumstances and traffic conditions. (2) The Mayor may grant a discount on congestion fees as follows: 1. When multiple-use tickets are issued, not more than ten tickets shall be issued additionally as a premium; 2. When congestion fees are collected by an electronic device, not more than ten percent of the collectible amount shall be discounted. (3) Congestion fees shall be collected from vehicles subject to the imposition under Article 5 on both entrance to and exit from a congestion area: Provided, That congestion fees may be collected on one direction, if the Mayor concludes it necessary to collect congestion fees on one direction in the light of the road and traffic conditions and regional circumstances. [This Article Wholly Amended on Sep. 29, 2009]	Article 8 (Methods of Collecting Congestion Fees) (1) The methods of collecting congestion fees shall be classified into collection by collectors and automated collection by electronic devices, and either a single method or combined methods may be applied for the collection depending upon regional circumstances and traffic conditions. <Amended by Ordinance No. 5578, Oct. 4, 2013> (2) Congestion fees shall be collected from vehicles subject to the imposition under Article 5 on both entrance to and exit from a congestion area: Provided, That congestion fees may be collected on one direction, if the Mayor concludes it necessary to collect congestion fees on one direction in the light of the road and traffic conditions and regional circumstances. <Amended by Ordinance No. 5578, Oct. 4, 2013> [This Article Wholly Amended on Sep. 29, 2009]
Article 9 (Temporary Suspension of Collection of Congestion Fees) The Mayor may temporarily suspend the collection of congestion fees if any of the following events occurs due to a natural disaster or accident: 1. If it is impossible to pass through a main road for detouring a traffic congestion area; 2. If a serious obstacle occurs to traffic conditions in the city. [This Article Wholly Amended on Sep. 29, 2009]	Article 9 (Temporary Suspension of Collection of Congestion Fees) The Mayor may temporarily suspend the collection of congestion fees if any of the following events occurs due to a natural disaster or accident: <Amended by Ordinance No. 6016, Oct. 8, 2015> 1. If it is impossible to pass through a main road for detouring an area subject to the imposition of congestion fees; 2. If a serious obstacle occurs to traffic conditions in the city. [This Article Wholly Amended on Sep. 29, 2009]
Article 10 (Entrustment of Administrative Matters) The Mayor may entrust the private sector with the operation of equipment for the collection of congestion fees and administrative matters therefor in order to impose and collect congestion fees efficiently. [This Article Wholly Amended on Sep. 29, 2009]	Article 10 (Entrustment of Administrative Affairs) The Mayor may entrust the private sector with the operation of equipment for the collection of congestion fees and administrative affairs therefor in order to impose and collect congestion fees efficiently. [This Article Wholly Amended on Sep. 29, 2009]
Article 11 (Fines for Negligence for Violating Vehicles) (1) If a vehicle subject to the imposition of congestion fees passes through a congestion area without paying a congestion fee, the Mayor shall impose a fine for negligence equivalent to five times as much as the congestion fee on such a vehicle. (2) Fines for negligence under paragraph (1) shall be imposed and collected in accordance with practices for the imposition and collection of local taxes. [This Article Wholly Amended on Sep. 29, 2009]	Article 11 (Administrative Fines for Violating Vehicles) (1) If a vehicle subject to the imposition of congestion fees passes through a congestion area without paying a congestion fee, the Mayor shall impose an administrative fine equivalent to five times as much as the congestion fee on such a vehicle. (2) Procedures for imposition and collection of administrative fines under paragraph (1) shall be governed by the Act on the Regulation of Violations of Public Order. <Amended by Ordinance No. 5658, Jan. 9, 2014> [This Article Wholly Amended on Sep. 29, 2009]
	ADDENDUM This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 3844, Mar. 15, 2001> This Ordinance shall enter into force on April 1, 2001. ADDENDUM <Ordinance No. 4028, Sep. 12, 2002> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4303, Jul. 21, 2005> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4463, Jan. 2, 2007> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 4853, Sep. 29, 2009> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 5578, Oct. 4, 2013> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 5658, Jan. 9, 2014> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 6016, Oct. 8, 2015> This Ordinance shall enter into force on the date of its promulgation. ADDENDUM <Ordinance No. 6227, May 19, 2016> This Ordinance shall enter into force on January 1, 2017.