In recent years, the ecological environment system of Henan Province has continued to strengthen the law enforcement supervision of automatic monitoring data and fraud by third-party environmental protection service agencies, deepened the connection between administrative law enforcement and criminal justice, and cracked down on environmental violations in accordance with the law in a precise and efficient manner. In order to give full play to the warning, deterrence and demonstration and leading role of typical cases, the Henan Provincial Department of Ecology and Environment now releases typical cases of automatic monitoring data and fraud by third-party environmental protection service agencies (24). Case: Jiaozuo Qihui Motor Vehicle Testing Co., Ltd. used OBD cheat to filter fault information and issue a false motor vehicle exhaust emission inspection report
01
Brief facts of the case
In June 2024, the law enforcement officers of the Jiaozuo Municipal Ecological Environment Bureau verified and analyzed the data of the Henan Provincial Motor Vehicle Environmental Protection Monitoring and Monitoring Platform, and found that in the "In-use Vehicle Exhaust Inspection (Measurement) Report" issued by Jiaozuo Qihui Motor Vehicle Inspection Co., Ltd. from April to May 2024, there are 11 different brands of motor vehicles OBD control unit CAL ID and CVN code are the same, the CAL ID code is 23067LMNOP8345TU, and the CVN code is D3D45056. After further investigation, in order to improve the pass rate of motor vehicle detection and avoid the owner from repairing the car back and forth, the company installed a cheating device between the OBD diagnostic instrument and the inspected vehicle, and used the cheating device to filter the fault information when the vehicle could not pass the detection due to OBD failure, and only transmitted the false qualified data that had been set in advance to the diagnostic instrument, so that the faulty vehicle passed the OBD detection.
02
Investigation and punishment
Jiaozuo Qihui Motor Vehicle Testing Co., Ltd. issued a false motor vehicle emission inspection report, which violated the first paragraph of Article 54 of the People's Republic of China Air Pollution Prevention and Control Law, which states that "the motor vehicle emission inspection agency shall pass the measurement certification in accordance with the law, use the motor vehicle emission inspection equipment that has been verified and qualified in accordance with the law, conduct emission inspection of motor vehicles in accordance with the specifications formulated by the competent department of ecology and environment of the State Council, and network with the competent department of ecology and environment to realize real-time sharing of inspection data." The motor vehicle emission inspection agency and its person in charge shall be responsible for the authenticity and accuracy of the inspection data". In accordance with the provisions of Article 112, Paragraph 1 of the People's Republic of China Air Pollution Prevention and Control Law, the Jiaozuo Municipal Bureau of Ecology and Environment fined the company 116,800 yuan on August 22, 2024, and confiscated the illegal gains.
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Revelation of the case
On-board diagnostic (OBD) system refers to the computer information system installed on the car and engine, which belongs to the pollution control device, and OBD detection is the pre-judgment condition and important link of motor vehicle exhaust emission detection. The use of cheating equipment to filter the OBD fault code of motor vehicles, destroy the detection process, and make the vehicle that does not meet the exhaust gas standard pass the test and drive on the road, shall be severely punished in accordance with law. In this case, law enforcement officers used the anomaly detection data with the same CAL ID and CVN code of the OBD control unit to find clues about suspected environmental violations, and comprehensively inspected the scene, accessed video surveillance, investigated and interrogated, etc., fixed the illegal evidence, ensured the accurate identification of illegal facts, and severely cracked down on the illegal acts of fraud by motor vehicle inspection agencies in accordance with the law.
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