First conviction for using non-road mobile machinery that failed to meet emission standard

Hong Kong (HKSAR) -      An import and export company which used a forklift truck that did not meet emission standards to handle goods at an industrial building car park was fined $2,500 by Fanling Magistrates' Court today (March 14) for contravening the Air Pollution Control (Non-road Mobile Machinery) (Emission) Regulation. This is the first conviction for such an offence since the Regulation was fully implemented in December 2015.
     An Environmental Protection Department (EPD) spokesman said that during the investigation of a complaint against black smoke being emitted from a forklift truck at Kwai Lok Street in Kwai Chung in August last year, the department found that the forklift truck used by the company involved failed to meet the emission standard as stipulated under the Regulation. It was also found that the company had not applied to the EPD for exemption before the Regulation was fully implemented.

The EPD therefore prosecuted the company in accordance with the Regulation.
     The spokesman said that, in order to improve air quality and safeguard public health, the EPD brought two types of non-road mobile machinery under emission control, comprising regulated machines, such as crawler cranes and excavators, and non-road vehicles, such as forklift trucks. According to the current Regulation, all regulated non-road mobile machinery for use in Hong Kong should comply with the emission standards as stipulated under the Regulation. The machinery must also bear an approval label or exemption label issued by the EPD when being used in specified locations or activities, including factory areas, construction sites, container terminals and container back-up facilities, the airport restricted areas, designated waste disposal facilities and specified processes under the Air Pollution Control Ordinance.
     Any person who uses non-road mobile machinery without approval or exemption commits an offence and is liable to maximum fine of $200,000 and six months imprisonment.
     The spokesman reminded members of the logistics, construction and industrial sectors, or supervisors of contractors that an approval label or exemption label from the EPD must be applied for and borne by non-road mobile machinery.

He also called on members of the trade to replace as soon as possible their old machinery with those that comply with the regulatory emission standards to improve the air quality of the workplace and reduce nuisance caused to the neighbouring environment.

Published on: 2017-03-14

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