Basis: The statutory bases for this rule are sections
24-4-101 through
24-4-108 and
42-4-301 through
42 -4- 316.5, C.R.S.
Purpose: The purpose of this rule is to establish the
licensing requirements and enforcement standards for the Emissions Inspection
Program, and set out processes for violations, sanctions and administrative
hearings. This rule does not apply to the "basic program" as such stations are
no longer in operation.
1.0
DEFINITIONS
1.1
Additional definitions and substantive regulations are found in the Air Quality
Control Commission's Regulation 11,
5 CCR
1001-13.
1.2 "Analyzer Lockout": A temporary
interruption of emissions testing caused by malfunctioning equipment or failure
of an equipment audit.
1.3 "AQCC":
Means the Colorado Air Quality Control Commission. The AQCC is the rulemaking
body responsible for Regulation 11;
5 CCR
1001-13.
1.4 "Certification of Emissions Control" or
"CEC": Either a Certification of Emissions Compliance or a Certification of
Emissions Waiver issued to the owner of a vehicle to indicate the status of
inspection requirement compliance of the vehicle.
1.5 "Compliance Document": A document
consisting of the vehicle inspection data and the Certification of Emission
Control.
1.6 "Department": The
Colorado Department of Revenue.
1.7
"Division": The Air Pollution Control Division of the Colorado Department of
Public Health and Environment.
1.8
"Emissions Extension": Authorization for a Colorado-registered vehicle
temporarily located and operated outside of Colorado to renew
registration.
1.9 "Executive
Director": The executive director of the Colorado Department of Revenue or
designee responsible for the enforcement and licensing functions of the
emissions program.
1.10
"Inoperable": Major structural damage or catastrophic mechanical failures that
prevent a vehicle from being emissions tested.
1.11 "Inspector Number": The numeric
identifier issued by the Department to every licensed emissions
inspector.
1.12 "Inspection
Station": A business entity that is licensed to perform vehicle emissions
inspections within the emissions program area.
1.13 "Letter of Qualification": A letter
issued by the Division indicating that an applicant has passed the written
qualification test to become a licensed inspector or renew an inspector
license.
1.14 "Normal Business
Hours": Monday through Friday, 8:00 a.m. through 5:00 p.m., with the exception
of national holidays. Expanded hours may be required by contract.
1.15 "Regulation 11": The regulation adopted
by the AQCC governing the motor vehicle emissions inspection program for the
control of air contaminant emissions from motor vehicles.
1.16 "Reinspection" (After-Repairs Test): A
subsequent inspection performed after a vehicle has failed the initial
inspection and been repaired.
1.17
"RSD Site": A location approved by the Division for performing remote sensing
operations.
1.18 "RSD Unit": A
remote sensing device that detects and records vehicle emissions.
1.19 "VIN Verification (DR 2698)": A form
issued by the Department to record vehicle information obtained from a physical
inspection of a vehicle.
1.20
"Vehicle Identification Number" or "VIN": A unique number assigned by a vehicle
manufacturer or State that identifies a given vehicle.
1.21 "Vehicle Inspection Report" or "VIR": A
document issued to the owner or operator of a motor vehicle that indicates the
vehicle's emissions status.
1.22
"Waiver/Hardship Waiver": A VIR issued by the Department indicating that the
emissions from the vehicle do not comply with applicable emissions standards
after inspection, adjustments, and emissions related repairs in accordance with
section 42-4-310, C.R.S.
2.0
GENERAL LICENSING
REQUIREMENTS
2.1 Application
for station and inspector emissions licenses must be made on forms issued by
the Department.
2.2 All licensees
must comply with applicable Colorado state statutes, Regulation 11, and
Department rules.
2.3 Licensees
shall conduct only those inspections authorized by the type of license
held.
2.4 Fees collected for
license applications and renewals are non-refundable.
2.5 Inspection stations or inspectors must
not perform an emissions test under an expired license.
2.6 Only a business or individual holding a
valid emissions testing license issued by the Department may issue a
VIR.
2.7 Licenses obtained by
misrepresentation or false statements to the Department will be
revoked.
2.8 No individual or
business shall represent or allow itself to be represented as a licensed
emissions inspector or licensed emissions inspection station unless it has a
valid license issued by the Department.
2.9 Each licensee must maintain a current,
valid mailing address with the Department.
2.10 Licensees must cooperate with the
Department during the conduct of audits, investigations, and complaint
resolution.
2.11 All fines assessed
by the Department for violations of statutes, rules and regulations, or
procedures, must be paid within the time period specified by the Department.
The Department may revoke a license and take other action to collect unpaid
fines.
2.12 The Department may deny
a license application from an individual or business if the individual, or any
individual with an ownership interest in the business, has had an emissions
program license revoked or suspended by the Department.
2.13 License renewal applications received
after the expiration date will be subject to the requirements for a new
license, including the fee.
3.0
STATION LICENSES AND RSD SITES
3.1 Inspection station licenses are available
in the following categories: inspection-only facility, fleet inspection
station, and enhanced inspection center.
3.2 Inspection station licenses are valid for
24 months beginning on the date issued and expiring at midnight twenty-four
months later.
3.3 Inspection
stations may only perform the functions allowed under the type of license
issued.
3.4 Inspection station
licenses are valid only at the location for which they are issued.
3.5 Transfer or sale of a licensee's business
or any other change in ownership must be reported to the Department and
requires a new license application and associated fees.
3.6 Inspection station licenses may not be
transferred, loaned, or used by any individual or business other than the
individual or business identified on the application.
3.7 All inspection stations must be and
remain registered and in good standing with the Secretary of State.
3.8 Inspection stations must employ or
contract with at least one licensed emissions inspector.
3.9 A licensee found to have violated local
safety, occupancy, zoning, use, business and sales tax licensing laws, local
ordinances, or other regulations may be suspended or revoked.
3.10 All RSD sites must be pre-approved by
the Division.
4.0
INSPECTOR
LICENSES
4.1 An emissions
inspector who is employed by more than one inspection station must obtain an
inspector license with each employer. An emissions inspector who is employed by
one employer with multiple inspection stations is only required to hold one
license.
4.2 As a condition of
licensure, applicants for emissions inspector licenses must comply with all
regulations adopted by the AQCC and demonstrate the ability to perform a proper
inspection.
4.3 Applicants must be
employed by an inspection station.
4.4 Applicants must possess a current letter
of qualification or digital communication from the Division when applying for
an emissions inspector license or license renewal.
4.5 Inspectors who change employers must have
their license transferred by the Department to the new place of employment
prior to performing emissions tests.
4.6 The Department may require a licensed
emissions inspector to demonstrate proficiency in any elements of emissions
testing at any time. Failure to demonstrate proficiency is cause for license
suspension or revocation.
5.0
INSPECTION STATION OPERATIONS
5.1 No inspection station shall perform an
emissions inspection unless it has the facilities and equipment required to
safely and correctly perform all elements of an emissions inspection.
5.2 Inspection stations must have all the
tools, reference manuals, and diagnostic equipment required by Regulation 11 on
the licensed premises and in proper working order when open for
business.
5.3 Inspection stations
must have at least one licensed emissions inspector on the premises when open
for business.
5.4 Inspection
stations that serve the public must be open for business during normal business
hours and as required by contract.
5.5 Inspection stations must have records
available for inspection by Department personnel at all times during normal
business hours.
5.6 Inspection
stations must be capable of receiving U.S. mail.
5.7 Owners, operators, and employees of
enhanced inspection centers and inspection-only facilities must not repair,
service, sell parts, or sell or lease motor vehicles and must not refer
customers to particular providers of motor vehicle repair services.
5.8 Each inspection station must pay the
Department the appropriate fees for all VIRs issued for passing inspections. An
inspection station whose license is cancelled, suspended, or revoked remains
liable for any fees owed the Department.
5.9 Inspection stations, other than fleet
inspection stations, must post licenses in a location visible to the public and
subject to approval by the Department.
5.10 Fleet inspection stations may only
perform emission inspections on vehicles in their fleet.
5.11 Signs:
5.11.1 All inspection stations must post a
sign designating the licensed premises as an official emissions testing
location.
5.11.2 Enhanced
inspection centers and inspection-only facilities must post a sign stating that
only inspections are available and no repairs or adjustments can be
performed.
5.11.3 All inspection
stations must post the fee charged for an emissions inspection.
5.11.4 All inspection stations that perform
VIN inspections must post the VIN inspection fee.
5.11.5 All inspection stations must post all
signs issued by the Department.
5.11.6 All signs must be placed in a
conspicuous location on the licensed premises, visible to the public, and are
subject to approval by the Department.
5.12 All inspections must be performed only
at the licensed inspection station location.
5.13 A motor vehicle may be rejected by an
emissions inspector if the vehicle is unsafe to test or cannot physically be
inspected. The inspector must provide to the vehicle owner, in writing, a
description of the vehicle to include VIN, make, model, and year; the location
of the inspection station; the reason(s) for the rejection; date of the
rejection; and the inspector who rejected the vehicle.
5.14 Enhanced inspection centers must provide
a Department approved brochure and program information pamphlet to each
customer upon completion of the inspection when a vehicle fails the
inspection.
5.15 Inspection
stations must possess current Department rules, Regulation 11, and related
sections from Colorado Revised Statutes.
5.16 Inspection stations must have on the
licensed premises an emissions control systems application guide approved by
the Department, which contains a quick reference for emissions control systems
and their uses on specific make, model, and year vehicles, either in printed or
electronic medium.
5.17 Inspection
stations must have on the premises a current Oxygen Sensor Guide obtained from
any Division technical center or purchased from another source.
5.18 Inspection stations must secure all
controlled documents in lockable storage.
5.19 No addition or modification can be made
to an analyzer unless pre-approved by the Division or the Department.
5.20 No person shall, or attempt to, tamper
with or circumvent any system or function of an analyzer.
5.21 Inspection station owners and operators
must prevent tampering, circumvention, and unauthorized use of
analyzers.
5.22 Analyzer lockout
conditions can only be removed by authorized service personnel or
representatives of the Department or Division.
5.23 The license of an inspection station
that no longer meets licensing requirements may be revoked, suspended, or
denied renewal.
5.24 RSD
Operations:
5.24.1 The Department must be
notified in writing, e-mail or other electronic means of all RSD unit schedules
and locations prior to testing. RSD units must not test at any time or location
other than those for which the Department has been notified.
5.24.2 RSD results must be reported to the
Department no later than 11:59 p.m. on the last day of the month or as
otherwise agreed by the Department and the contractor.
6.0
DISTRIBUTION OF COMPLIANCE
DOCUMENTS
6.1 Licensees must
ensure that all compliance documents issued are complete, accurate, and
legible.
6.2 Upon completion of an
inspection, the VIR must be given to the customer along with all original
documents (i.e. registration, failed VIRs, etc.).
6.3 Inspectors must explain to the customer
the purpose of the VIR, including the results of the inspection.
6.4 If a vehicle fails the inspection, the
inspector must:
6.4.1 Issue the
VIR;
6.4.2 Advise the customer of
the failure;
6.4.3 Provide a repair
information pamphlet;
6.4.4 Explain
that the vehicle is eligible for a free reinspection at any enhanced inspection
center if the vehicle is returned within ten calendar days. If the inspection
was completed at an inspection-only facility, the vehicle must be returned to
the facility where the original inspection was performed for the free
reinspection.
6.5 If a
vehicle inspection cannot be completed, the inspector must:
6.5.1 Issue the VIR;
6.5.2 Explain to the customer that the
inspection could not be completed and the reasons therefore;
6.5.3 The fee for an incomplete inspection
need not be refunded unless caused by the inspection station or the
inspector.
6.6
Compliance documents that are damaged during the printing process must be
reprinted using the analyzer reprint procedure.
7.0
VERIFICATION OF VEHICLE
IDENTIFICATION NUMBER (Form DR 2698)
7.1 Licensed emissions inspectors employed by
emissions testing inspection stations may perform a VIN inspection for no more
than the posted fee.
7.2 A VIN
Verification form (DR 2698) with any alteration or missing entry is
invalid.
7.3 Vehicles with altered,
illegible, multiple or missing vehicle identification numbers (VIN) must be
directed to the Colorado State Patrol for verification.
7.4 An inspection station under suspension by
order of the Department must not perform VIN inspections.
8.0
SECURITY AND RETENTION OF
DOCUMENTS
8.1 All records
related to the emissions program must be maintained by the licensee until
retrieved or ordered for destruction by the Department.
8.2 All unused controlled documents must be
kept in lockable storage and be available only to licensed emissions inspectors
or other personnel authorized by the Department.
8.3 Missing or stolen documents must be
reported to the Department within 24 hours of discovery.
8.4 Inspection stations may only issue
vehicle inspection report forms obtained from the Department or its authorized
agent.
8.5 Every damaged vehicle
inspection report must be retained until the next audit by the
Department.
9.0
USE OF
INSPECTOR NUMBER AND SECURITY CODES
9.1 Each licensed emissions inspector will be
assigned a confidential code to gain access to the analyzer.
9.2 Access codes and inspector numbers will
be added and deleted by Department or Division personnel.
9.3 An access code must be used only by the
licensee to whom it was assigned. Sharing of access codes is prohibited and is
grounds for sanctions.
9.4 An
emissions inspector number printed on a VIR is an electronic signature and is
deemed certification by the licensee assigned that number that the licensee
conducted the emissions test accurately and completely.
9.5 Emissions inspectors must report any
unauthorized use of an access code to the Department within 24 hours of
discovery.
9.6 Emissions inspectors
are responsible for all VIRs bearing their numbers.
9.7 The inspector number must be part of the
RSD data record.
9.8 Inspectors are
responsible for any violation or fraudulent inspection which occurs using his
or her inspector number. RSD inspectors are responsible for all data records
bearing their numbers.
10.0
AUDITS
10.1 The
Department monitors the activities of all licensed inspection stations and
inspectors through ongoing site inspections, audits, investigations, consumer
complaints, data analysis, performance observation, and other quality assurance
methods.
10.2 The Department may
conduct on-site audits at any time during posted business hours.
10.3 Inspection records, equipment, and
licensed personnel must be available on site to the Department during posted
business hours.
10.4 A notice of
audit determination will be provided to the inspection station upon completion
of the audit.
10.5 In the event of
a lane equipment audit failure, the equipment must be recalibrated and
rechecked. If the recalibration does not address the problem, the analyzer will
be locked out until repairs are made and the equipment passes an
audit.
10.6 The Department may
conduct an audit of a RSD unit at any time while the unit is set up and
operational at an approved site.
10.6.1 The
contractor must provide the Department with daily notification of the status
and location of each RSD unit.
10.6.2 The Department may require that a
daily service log be maintained on each specific unit, and available for
inspection by the Department auditors at each approved site.
10.6.3 All RSD sites must maintain current
approval documentation for each operable site, available for inspection at the
time and place of the Department roadside audits.
10.6.4 The Department may require a current
Accepted Test Protocol (ATP) document for any RSD unit that has been out of
service for a period over 30 days, or if any period of time is unaccounted for
in the service log.
10.6.5 A notice
of audit determination will be provided upon completion of the audit.
10.6.6 In the event of an audit failure or an
incomplete audit, the associated inspection data will be identified and
suspended from processing until the Division can determine the status of the
RSD unit and the data in question.
10.6.6.1 A
unit that passes the Division's evaluation may be placed back into service and
the associated data approved for processing.
10.6.6.2 A unit that fails the Division's
evaluation will not be placed back into service until repairs are made and
approved by the Division. The associated data will be deemed invalid and
ineligible for processing.
11.0
VIOLATIONS AND
SANCTIONS
11.1 The
Department may summarily suspend a license pursuant to section
24-4-104(4)(a),
C.R.S.
11.2 The Department may
suspend or revoke a license pursuant to section
24-4-104(3)(a),
C.R.S.
11.3 The Department may
suspend or revoke the license of a licensee convicted as defined in section
42-1-102(19)
C.R.S., of a misdemeanor under the Colorado Air Pollution Prevention and
Control Act, section
25-7-122.1, C.R.S., convicted
under section
42-4-313, C.R.S., or of a licensee
that has violated the Motor Vehicle Repair Act, section
42-9-101, et. seq.,
C.R.S.
11.4 The Department may
suspend or revoke the license of a licensee who impedes the Department's
ability to oversee, audit, or investigate matters under the Emissions
Inspection Program, including behavior that is threatening, disruptive, or
abusive.
11.5 The Department may
conduct a monthly performance review with contractors. Any violation discovered
may result in sanctions.
11.6 A
licensee who receives notice pursuant to subsection 11.3 may within 30 days
after the date of the notice:
11.6.1 Submit a
written response setting forth data, views, and arguments with respect to the
facts or conduct; or,
11.6.2 Comply
with all lawful requirements or submit a plan acceptable to the Department to
bring the licensee into compliance with all lawful requirements.
11.7 The Department may institute
a proceeding to suspend or revoke a license pursuant to subsection 11.3 if the
Department determines that the licensee failed to:
11.7.1 Submit a written response pursuant to
subsection 11.6, or that the response does not rebut the evidence of such facts
or conduct; or,
11.7.2 Comply with
all lawful requirements or the plan submitted by the licensee is not acceptable
to the Department.
11.8
Such proceeding shall be instituted by filing a Notice to Set and Order to Show
Cause with the Hearings Division as set forth in Rule 12.1.
11.9 Any Notice from the Department, required
pursuant to this rule, will be served personally or mailed via first class mail
addressed to the last address furnished to the Department by the
licensee.
12.0
ADMINISTRATIVE
HEARINGS
12.1 Except as
otherwise provided in section
42-4-312, C.R.S., all enforcement
actions will proceed in accordance with the "State Administrative Procedure
Act", article
4 of Title
24, C.R.S.
13.0
EMISSIONS EXTENSIONS (Form DR
2376)
13.1 A vehicle owner
may apply for an emissions extension when a vehicle registered in Colorado is
temporarily out of state at the time the registration renewal is due.
13.2 A vehicle owner applying for an
emissions extension must provide the following:
13.2.1 If the vehicle is in a US city,
county, state or Canada where emissions testing is required, proof of a passing
emissions test. The extension is valid for the lesser of one emissions
inspection cycle or until the vehicle returns to Colorado.
13.2.2 If the vehicle is in a US city,
county, state, or Canada where emissions testing is not required, a VIN
verification completed by a local law enforcement agency is required. Form DR
2698 is available at Colorado.gov for this purpose, or the local law
enforcement agency's VIN verification form is acceptable, provided the
information collected is equivalent to that on the DR 2698. The extension is
valid for the lesser of one year or until the vehicle returns to
Colorado.
13.2.3 If the vehicle is
in Mexico, proof of current insurance from Mexico. The extension is valid for
the lesser of one year or until the vehicle returns to Colorado.
13.2.4 If the vehicle is in a country other
than Canada or Mexico, export papers. The extension is valid for the lesser of
one year or until the vehicle returns to Colorado.
13.3 Upon return to Colorado, the owner of a
vehicle granted an emissions extension must obtain a Certification of Emissions
Control on the vehicle within fifteen days.
14.0
SALE OF INOPERABLE VEHICLES (Form
DR 2023)
14.1 Only vehicles
with major structural or catastrophic engine, transmission, or final drive,
differential, or transfer case mechanical failures meet the requirements to be
sold as inoperable or otherwise cannot be tested.
14.2 Vehicles where the primary mechanical
failure is a failed emissions test will not be considered inoperable for
purposes of sale without a Certification of Emissions Control.
14.3 Vehicles where the primary mechanical
failure is missing or modified emissions components such as catalytic
converters, oxygen sensors, air injection systems, exhaust gas recirculation
(EGR) systems, or modified computer programming will not be considered
inoperable for purposes of sale without a Certification of Emissions Control.
INCORPORATION BY REFERENCE:
(1) The Department incorporates by reference
the Colorado Air Quality Control Commission's Regulation 11,
5 CCR
1001-13.
(2) When referenced in this rule, Air Quality
Control Commission Regulation 11 means Air Quality Control Commission
Regulation Number 11,
5 CCR
1001-13, current as of October 15, 2021. The rule does
not include any later amendments or editions of the incorporated Air Quality
Control Commission's Regulation 11. The Air Quality Commission's Regulations
are included in the Code of Colorado Regulations, an official publication by
the Colorado Secretary of State's Office. Regulation 11 is available for public
inspection on the Colorado Secretary of State's website at
www.sos.state.co.us. Copies of
the complete text of Air Quality Control Commission Regulation Number 11 are on
file and available for public inspection during regular business hours by
contacting the Colorado Department of Revenue, Division of Motor Vehicles in
person at 1881 Pierce Street, Room 128, Lakewood, Colorado, 80214, or by
telephone at
303-205-5600, and copies of the
material may be examined at any state publication depository library. Certified
copies available for a reasonable charge upon request.