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SEOUL METROPOLITAN CITY ORDINANCE ON DESIGNATION OF LOW EMISSION ZONES AND RESTRICTIONS ON OPERATION

Article 1 (Purpose) The purpose of this Ordinance is to improve air quality by stipulating the scope of motor vehicles, regions, etc. subject to restrictions on operation under Article 28-2 of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area.

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows:
1. The term "low emission zone" means a region in which air pollution is serious and thus special management is required, including restrictions on operation of motor vehicles and which refers to the entire region of the Seoul Metropolitan City among air control zones referred to in subparagraph 2 of Article 2 of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area (hereinafter referred to as the "Special Act") and Article 2 of the Enforcement Decree of the same Act;
2. The term "emission-reducing device" means a device attached to a motor vehicle to reduce air pollutants emitted from vehicles, which has been certified pursuant to Article 60 of the Clean Air Conservation Act (hereinafter referred to as the "Air Act") or Article 26 of the Special Act;
3. The term "low-pollution engine" means an engine (including components used to convert an engine) designed to reduce air pollutants emitted from motor vehicles, which has been certified pursuant to Article 60 of the Air Act or Article 26 of the Special Act;
4. The term "low-pollution measures" means attachment of an emission-reducing device, conversion into, or replacement with, a low-pollution engine, and early scrapping of motor vehicles under Article 58 of the Air Act or Article 27 of the Special Act.

Article 3 (Vehicles subject to Restrictions on Operation in Low Emission Zones) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") may restrict the operation of any of the following motor vehicles in low emission zones pursuant to Article 28-2 of the Special Act: Provided, That where an emission-reducing device or a low-pollution engine appropriate for a relevant motor vehicle has not yet been certified or disseminated, such motor vehicle shall be excluded from vehicles subject to restrictions on operation during the corresponding period:
1. A specific diesel vehicle registered in an air control zone, the emission level of which exceeds a permissible emission level under Article 25 (1) and (4) of the Special Act and which is not fitted with an emission-reducing device or the engine of which is not retrofitted or replaced with a low-pollution engine;
2. A motor vehicle in an air control zone for which low-pollution measures determined by Ordinance of the relevant City/Do have been ordered pursuant to Article 58 (1) of the Air Act and which is not fitted with an emission-reducing device or its engine is not retrofitted or replaced with a low-pollution engine during the compliance period;
3. A motor vehicle for which the guarantee period of exhaust gases under Article 46 (3) of the Air Act has expired and which is not fitted with an emission-reducing device or its engine is not retrofitted or replaced with a low-pollution engine, among diesel vehicles for the business use registered with local governments having jurisdiction over regions other than an air control zone.
(2) With respect to restrictions on operation under paragraph (1) 3, the Mayor may apply relevant restrictions for a separately fixed period, taking into account whether to grant subsidies, etc. following attachment of an emission-reducing device or conversion into or replacement with a low-pollution engine. In such cases, the Mayor shall publicly notify such fact.

Article 4 (Control of Vehicles subject to Restrictions on Operation) (1) The Mayor may install and operate an unmanned control system in order to monitor vehicles subject to restrictions on operation in an low emission zone, and may appoint public officials in charge of controlling such vehicles (hereinafter referred to as "control officials") to monitor motor vehicles violating the restrictions.
(2) Where a violation of the restrictions on operation is identified by an unmanned control system or by a control official, the Mayor may prepare a notice for violation of restrictions on operation specified in the attached Form and send it to the owner of the relevant motor vehicle.
(3) Where a control official performs relevant duties, he/she shall wear a cap or display a mark, etc. so that ordinary citizens can readily verify that he/she is performing such duties, and carry necessary equipment such as a camera.

Article 5 (Imposition of Administrative Fines, etc. on Violating Vehicles) (1) The Mayor may impose an administrative fine on the owner of a motor vehicle who has violated any of the restrictions on operation in low emission zones referred to in Article 3: Provided, That in cases of the first violation, no administrative fine shall be imposed, however, the violation shall be notified to the vehicle owner in lieu thereof, so that he/she can understand his/her vehicle is subject to the restrictions on operation.
(2) An administrative fine of two hundred thousand won may be imposed for each violation 30 days after the date on which the notice is issued pursuant to the proviso to paragraph (1). In such cases, the total amount of the fines for negligence levied shall not exceed two million won.
(3) An administrative fine under paragraph (2) shall be imposed only once a day on the same person, even though the number of violations exceeds once a day.