10 CSR 10-5.381 - Onboard Diagnostics Motor Vehicle Emissions Inspection
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Applicability.
(A) Except as provided in subsection (1)(B)
of this rule, subject vehicles include all vehicles operated on public roadways
in the geographical area containing the City of St. Louis and the counties of
Franklin, Jefferson, St. Charles, and St. Louis, and which are-
1. Registered in the area with the Missouri
Department of Revenue (MDOR);
2.
Leased, rented, or privately owned and are not registered in the geographical
area but are primarily operated in the area. A vehicle is primarily operated in
the area if at least fifty-one percent (51%) of the vehicle's annual miles are
in the area;
3. Owned or leased by
federal, state, or local government agencies, and are primarily operated in the
geographical area, but are not required to be registered by the state of
Missouri. A vehicle is primarily operated in the area if at least fifty-one
percent (51%) of the vehicle's annual miles are in the area; or
4. Owned, leased, or operated by civilian and
military personnel on federal installations located within the geographical
area, regardless of where the vehicles are registered.
(B) The following vehicles are exempt from
this rule:
1. Heavy-duty gasoline-powered and
heavy-duty diesel-powered vehicles that receive a gross vehicle weight rating
(GVWR) exemption described in subsection (4)(I) of this rule;
2. Light-duty gasoline-powered vehicles and
trucks manufactured prior to the 1996 model year and light-duty diesel-powered
vehicles and trucks manufactured prior to the 1997 model year;
3. Motorcycles and motortricycles;
4. Vehicles powered exclusively by electric
or hydrogen power or by fuels other than gasoline, ethanol (E10 and E85), or
diesel;
5. Motor vehicles
registered in an area subject to the inspection requirements of sections
643.300-643.355, RSMo, that are domiciled and operated exclusively in an area
of the state not subject to the inspection requirements of sections
643.300-643.355, RSMo, that receive an out-of-area exemption described in
subsection (4)(J) of this rule;
6.
New and unused motor vehicles, of model years of the current calendar year and
of any calendar year within two (2) years of such calendar year, that have an
odometer reading of fewer than six thousand (6,000) miles at the time of
original sale by a motor vehicle manufacturer or licensed motor vehicle dealer
to the first user;
7. New motor
vehicles that have not been previously titled and registered for the four- (4-)
year period following their model year of manufacture that have an odometer
reading of fewer than forty thousand (40,000) miles. These vehicles qualify for
a mileage-based exemption described in subsection (4)(H) of this rule.
Otherwise, such motor vehicles shall be subject to the emissions inspection
requirements of subsection (3)(B) of this rule;
8. Motor vehicles driven fewer than twelve
thousand (12,000) miles biennially that receive a mileage-based exemption
described in subsection (4)(H) of this rule;
9. Historic motor vehicles registered
pursuant to section 301.131, RSMo;
10. School buses;
11. Tactical military vehicles;
12. Visitor, employee, or military personnel
vehicles on federal installations provided appointments do not exceed sixty
(60) calendar days;
13. Specially
constructed vehicles;
14. Plug-in
hybrid electric vehicles (PHEVs); and
15. Upon incorporation of this 2022 rule
change into Missouri's federally approved State Implementation Plan or July 1,
2022, whichever is sooner, vehicles subject to subsection (1)(A) of this rule
registered in Franklin County are exempt unless the vehicle is primarily
operated in the area of Jefferson County, St. Charles County, St. Louis County,
and the City of St. Louis. A vehicle is primarily operated in the area if at
least fifty-one percent (51%) of the vehicle's annual miles are in the
area.
(2)
Definitions.
(A) Business day-All days,
excluding Saturdays, Sundays, and state holidays, that an inspection station is
open to the public.
(B) Clean
scanning-The illegal act of connecting the On-Board Diagnostics (OBD) cable or
wireless transmitter to the data link connector of a vehicle other than the
vehicle photographed and identified on the emissions VIR for the purpose of
bypassing the required OBD test procedure.
(C) Compliance Cycle-The two- (2-) year
duration during which a subject vehicle in the enhanced emissions inspection
program area is required to comply with sections 643.300643.355, RSMo.
1. For private entity vehicles, the
compliance cycle begins sixty (60) days prior to the subject vehicle's
registration and biennial license plate tab expiration.
2. For public entity vehicles, the compliance
cycle begins on January 1 of each even-numbered calendar year. The compliance
cycle ends on December 31 of each odd-numbered calendar year.
(D) Contractor-The state
contracted company who shall implement the decentralized motor vehicle
emissions inspection program as specified in sections 643.300-643.355, RSMo,
and the state contracted company who shall implement the acceptance test
procedure.
(E) Department-The
Missouri Department of Natural Resources, the state agency responsible for
oversight of the vehicle emissions and maintenance program that is required by
the federal 1990 Clean Air Act Amendments.
(F) Data Link Connector (DLC)-The terminal
required to be installed on all OnBoard Diagnostics (OBD) equipped vehicles
that allows communication with a vehicle's OBD system.
(G) Diagnostic Trouble Code (DTC)-An
alphanumeric code consisting of five (5) characters which is stored by a
vehicle's OBD system if a vehicle malfunctions or deteriorates in such a way as
to potentially raise the vehicle's tailpipe or evaporative emissions more than
one and one half (1.5) times the federal test procedure certification limits.
The code indicates the system or component that is in need of diagnosis and
repair to prevent the vehicle's emissions from increasing further.
(H) Emissions inspection-Tests performed on a
vehicle in order to evaluate whether the vehicles emissions control components
are present and properly functioning.
(I) Gross Vehicle Weight Rating-The value
specified by the manufacturer as the maximum design loaded weight of a single
vehicle.
(J) Ground-level ozone-A
colorless, odorless gas formed by mixing of volatile organic compounds and
oxides of nitrogen from stationary and mobile pollution sources in the presence
of heat and sunlight.
(K) Heavy
Duty Vehicle (HDV)-Any motor vehicle rated at eight thousand five hundred one
(8,501) pounds GVWR or more.
(L)
Initial emissions inspection-An emissions inspection consisting of the
inspection series that occurs the first time a vehicle is inspected in a
compliance cycle.
(M) Licensed
emissions inspection station-Any business that has met the licensing
requirements in this rule and been licensed to conduct vehicle emissions
inspections on behalf of the department.
(N) Licensed emissions inspector-Any
individual that has met the licensing requirements described in this rule and
been licensed to conduct vehicle emissions inspections on behalf of the
department.
(O) Light Duty Truck
(LDT)-Any motor vehicle rated at eight thousand five hundred (8,500) pounds
GVWR or less which has a vehicle curb weight of six thousand (6,000) pounds or
less and which has a basic vehicle frontal area of forty-five (45) square feet
or less which is-
1. Designed primarily for
purposes of transportation of property or is a derivation of such a
vehicle;
2. Designed primarily for
transportation of persons and has a capacity of more than twelve (12) persons;
or
3. Available with special
features enabling off-street or off-highway operation and use.
(P) Light Duty Vehicle (LDV)-A
passenger car or passenger car derivative capable of seating twelve (12) or
less that is rated at six thousand (6,000) pounds GVWR or less.
(Q) Malfunction Indicator Lamp (MIL)- A
colored warning light located on the dashboard of vehicles equipped with OBD
systems indicating to the vehicle operator that the vehicle either has a
malfunction or has deteriorated enough to cause a potential increase in the
vehicle's tailpipe or evaporative emissions.
(R) Missouri Decentralized Analyzer System
(MDAS)-The emissions inspection equipment that is sold by the state's
contractor to licensed emissions inspection stations. The MDAS consists of all
hardware and software necessary to perform an emissions inspection, to print
vehicle inspection reports, and to print windshield stickers.
(S) Missouri Department of Revenue-The state
agency responsible for the oversight of vehicle registration at contract
offices and via the internet. MDOR is also responsible for the registration
denial method of enforcement for the vehicle emissions inspection and
maintenance program.
(T) Missouri
State Highway Patrol (MSHP)-The state agency responsible for the oversight of
the vehicle safety inspection program and joint oversight with the department
of the vehicle emissions inspection and maintenance program.
(U) Offline Inspection-An emissions
inspection performed while the emissions inspection equipment is not connected
to the Vehicle Inspection Database (VID).
(V) On-Board Diagnostics-A vehicle emissions
early-warning system required by federal law to be installed on all light-duty
1996 and newer model year gasoline vehicles and 1997 and newer model year
diesel vehicles for sale in the United States. The OBD system monitors sensors
attached to all emissions-control related components on a vehicle to ensure
that the emissions control system operates properly throughout a vehicle's
lifetime. If one (1) or more components of the emissions control system
malfunctions or deteriorates, the OBD system will illuminate the Malfunction
Indicator Lamp and store one (1) or more DTCs.
(W) On-Board Diagnostics test-A test in which
a vehicle's OBD system is connected to a hand-held tool or computer that an
inspector uses to determine and/or collect and record-
1. The status of the OBD system's MIL when
the vehicle engine is off and when the vehicle engine is running;
2. DLC access and functionality and OBD
communication;
3. Vehicle signature
information, including, but not limited to, the electronic vehicle
identification number (VIN) and other unique parameter identifiers;
4. The status of all of the OBD system's
readiness monitors;
5. The OBD
system's MIL command status; and
6.
Any DTCs, including those that are commanding the MIL to be
illuminated.
(X) Plug-in
hybrid electric vehicle-A plug-in hybrid electric drive vehicle that is made by
a manufacturer, has not been modified from original manufacturer
specifications, and can operate solely on electric power and is capable of
recharging its battery from an on-board generation source and an off-board
electricity source.
(Y) Qualifying
repair-Any repair or adjustment performed on a vehicle's emissions control
system after failing an initial emissions inspection, that is reasonable to the
test method failure. A qualifying repair is submitted as part of a cost-based
waiver application and must document, to the department's satisfaction, the
diagnostic testing or analysis method used by the person performing the repair.
Repairs performed by a repair technician that were not authorized by the
vehicle owner's signature or verbal consent may not be considered a qualifying
repair. The qualifying repair must be performed within ninety (90) days after
the date of initial emissions inspection. The initial or subsequent emissions
reinspection should support the necessity of the qualifying repair. The
qualifying repair may consist of either-
1.
The parts costs, spent by a vehicle owner or charged to a vehicle owner by a
repair technician, that are appropriate for the type of emissions inspection
failure; or
2. The parts and
recognized labor costs, charged to a vehicle owner by a recognized repair
technician, that are appropriate for the type of emissions inspection
failure.
(Z) Readiness
monitor-A design feature of OBD systems. If a readiness monitor has been set,
then the OBD system has completed a diagnostic check on that component. If a
readiness monitor has not been set, then the OBD system has not completed a
diagnostic check on that component.
(AA) Recognized labor costs-The labor costs
that a recognized repair technician charges for emissions repair services
rendered to a vehicle that fails its emissions inspection. Labor costs not tied
to an emissions repair or solely for the purposes of setting readiness monitors
may not be considered qualifying repairs.
(BB) Recognized Repair Technician-Any person
who-
1. Is professionally engaged full-time in
vehicle repair or employed by an ongoing business whose purpose is vehicle
repair. A recognized repair technician may only be recognized by the department
at one (1) place of employment;
2.
Has valid certifications from the National Institute for Automotive Service
Excellence (ASE) in Electrical Systems (A6), Engine Performance (A8), and
Advanced Engine Performance Specialist (L1) that have not expired;
and
3. Has not been reported by the
department to the attorney general for unlawful merchandising practices
according to subsection 643.330.5, RSMo.
(CC) Specially constructed vehicle-A motor
vehicle that has not been originally constructed under a distinctive name,
make, model, or type by a manufacturer of motor vehicles, that has been issued
a specially constructed VIN number from the MDOR, and that has had the
specially constructed VIN installed by the MSHP. The term specially constructed
vehicle includes kit vehicles that are motor vehicles assembled by a person
other than a generally recognized manufacturer of motor vehicles by the use of
a glider kit or replica purchased from an authorized manufacturer and
accompanied by a manufacturer's statement of origin.
(DD) Vehicle Inspection Database-The vehicle
inspection database, operated and maintained by the department's contractor.
All vehicle emissions inspection information is uploaded by the MDAS inspection
equipment to the VID on a real time basis as soon as each inspection is
complete.
(EE) Vehicle Inspection
Report (VIR)- The vehicle inspection report printed by the MDAS inspection
equipment at the conclusion of each vehicle's emissions inspection. The VIR is
designed solely to provide information regarding the emissions inspection
results to motorists, and may not be valid for vehicle registration
purposes.
(3) General
Provisions.
(A) Subject Vehicle Compliance.
1. Private entity vehicle compliance.
A. Motor vehicles subject to this rule shall
demonstrate compliance with emissions standards in this rule. Such
demonstration shall be made through the test methods specified in section (5)
of this rule and be completed according to the compliance cycle, the inspection
intervals specified in subsection (3)(B) of this rule, and the inspection
periods specified in subsection (3)(C) of this rule.
B. Completion of the emissions inspection
requirements is necessary for vehicle registration renewal or registration
transfer.
C. Failure to complete a
vehicle emissions inspection during the compliance cycle or before vehicle
registration shall be a violation of this rule. These violations are subject to
penalties specified in subsection 643.355.5., RSMo.
2. Public entity vehicle compliance.
A. All subject vehicles owned by federal,
state, and local governments shall be emissions inspected according to the
compliance cycle as defined in paragraph (2)(C)2. of this rule, the inspection
intervals specified in subsection (3)(B) of this rule, and the test methods
specified in section (5) of this rule.
B. All federal agencies shall ensure employee
and military personnel vehicles meet the requirements of paragraph (3)(A)2. of
this rule according to the December 1999 Interim Guidance for Federal
Facility Compliance With Clean Air Act Sections 118(c) and 118(d) and
Applicable Provisions of State Vehicle Inspection and Maintenance
Programs. This guidance document is incorporated by reference in this
rule, as published by the U.S. Environmental Protection Agency (EPA), Office of
Transportation and Air Quality, 2000 Traverwood, Ann Arbor, MI 48105. This rule
does not incorporate any subsequent amendments or additions to this guidance
document.
C. Failure to complete a
vehicle emissions inspection within the compliance cycle as defined in
paragraph (2)(C)2. of this rule shall be a violation of this rule. These
violations are subject to penalties specified in subsection 643.355.5.,
RSMo.
3. Vehicle fleets.
A. Vehicle fleets of any size may be
emissions inspected by the fleet operator, provided the owners or operators of
such vehicle fleets acquire the state contractor's equipment to conduct the
emissions inspections.
B. Vehicle
fleets using such equipment shall be subject to the same inspection
requirements as non-fleet vehicles.
C. Fleet inspection facilities shall be
subject to quality assurance evaluations at least as stringent as those
performed at public inspection stations.
D. Fleet owners or operators may make repairs
to fleet vehicles on-site.
(B) Emissions Inspection Intervals.
1. Subject vehicles manufactured as
odd-numbered model year vehicles are required to be inspected in each
odd-numbered calendar year. Subject vehicles manufactured as even-numbered
model year vehicles are required to be inspected in each even-numbered calendar
year.
2. At the time of
registration transfer, subject vehicles are required by subsection 643.315.1.,
RSMo, to be inspected regardless of the vehicle model year. At the time of
registration transfer, prior to the sale of a vehicle, sellers of vehicles are
required to provide the purchaser with an emissions inspection compliance
certificate or compliance waiver that is valid for registering the vehicle
according to inspection period requirements of subsection (3)(C) of this
rule.
(C) Emissions
Inspection Periods.
1. An emissions inspection
performed on a subject vehicle via the vehicle inspection process described in
subsections (3)(H)-(K) of this rule is valid, for the purposes of obtaining
registration or registration renewal, for a duration of sixty (60) days from
the date of passing inspection or waiver issuance. An emissions inspection
provided by a licensed motor vehicle dealer to the purchaser of a used vehicle
being sold by the licensed motor vehicle dealer is valid for registration
purposes for one hundred twenty (120) days after the date of inspection.
Vehicles being sold shall not be subject to another emissions inspection for
ninety (90) days after the date of sale or transfer of such vehicle.
2. Reinspections occurring fewer than ninety
(90) days after the initial emissions inspection are subject to subsections
(3)(J) and (3)(K) of this rule.
3.
Reinspections occurring more than ninety (90) days after the initial emissions
inspection shall be considered to be an initial emissions inspection as defined
in subsection (2)(L) of this rule and are subject to subsection (3)(H) of this
rule.
(D) Emissions
Inspection Fees.
1. Initial vehicle emissions
inspection fee. At the time of completion of an initial emissions inspection,
the vehicle owner or driver shall pay no more than twenty-four dollars ($24) to
the licensed emissions inspection station. The inspection station shall
determine the forms of payment accepted.
2. Vehicle emissions reinspection fee. Each
initial vehicle emissions inspection fee shall include one (1) free
reinspection, provided that the reinspection is conducted within twenty (20)
business days of the initial emissions inspection at the same inspection
station that performed the initial inspection.
3. Emissions inspection oversight fee.
A. Licensed emissions inspection stations
shall pre-pay the state two dollars and fifty cents ($2.50) for each passing
emissions inspection that they intend to perform. The fee shall be paid to the
MDOR and submitted to the MSHP. The MSHP shall deposit the fee into the
"Missouri Air Emissions Reduction Fund" as established by section
643.350, RSMo. The MSHP will
then use the contractor's VID to credit the number of pre-paid emissions
inspections to the licensed emissions inspection station's MDAS. The MDAS shall
deduct one (1) emissions credit authorization for each passing emissions
inspection. Public entities inspecting their own vehicles at their own
inspection facility are exempt from vehicle emissions oversight fees.
B. Licensed inspection stations are required
to maintain a sufficient positive quantity of emissions credits on their
analyzer(s) to prevent having to turn away motorists who have requested an
inspection.
C. At the time that a
licensed emissions inspection station discontinues operation or chooses not to
renew its emissions inspection license, the department will issue the licensed
emissions inspection station a full refund of two dollars and fifty cents
($2.50) for each paid emissions inspection credit authorization that remains on
the licensed emissions inspection station's MDAS. The department shall withdraw
the pre-paid fees from the "Missouri Air Emissions Reduction Fund" as
established by section
643.350, RSMo, and send the
existing balance of the pre-paid fees to the licensed inspection station. The
MSHP will then delete all pre-paid emissions inspections from the inspection
equipment.
4. VID service
fee. Licensed emissions inspection stations shall pay the contractor up to
three dollars and forty-five cents ($3.45) for each completed emissions
inspection that they perform that is not a reinspection as defined in paragraph
(3)(D)2. of this rule. Public entities inspecting their own vehicles at their
own inspection facility are exempt from VID service fees. The fee shall be made
payable to the contractor and submitted monthly according to the terms of the
contract between the contractor and the licensed emissions inspection stations.
The contractor shall reimburse any VID service fee overcharges to an inspection
station within sixty (60) days of the date of notification by the emissions
inspection station manager. The VID service fee will be evaluated and
established as a part of the contractor selection process under sections
643.300-643.355, RSMo.
(E) Emissions Inspection Equipment.
1. Performance features of emissions
inspection equipment. The MDAS is required for performing any emissions
inspections on subject vehicles. The MDAS shall meet or exceed all applicable
EPA requirements.
A. The MDAS shall be capable
of testing all subject vehicles as required by paragraph (3)(E)3. of this rule.
The emissions inspection equipment shall be updated as needed to accommodate
new technology vehicles. The updates shall be provided by the state's
contractor without cost to the state or the licensed emissions inspection
stations.
B. At a minimum, the MDAS
shall be-
(I) Automated to the highest degree
commercially available to minimize the potential for intentional fraud and/or
human error;
(II) Secure from
tampering and/or abuse; and
(III)
Based upon written specifications.
2. Functional characteristics of emissions
inspection equipment. The MDAS shall be composed of vehicle inspection
equipment controlled by a computer.
A. The
MDAS shall automatically-
(I) Make pass/fail
decisions for all computer-determined aspects of the emissions inspection as
described in paragraphs (5)(B)3. through (5)(B)5. of this rule;
(II) Record tests on the MDAS hard drive and
the contractor's VID;
(III) Conduct
regular self-testing of recording accuracy;
(IV) Perform electrical calibration and
system integrity checks before each test, as applicable; and
(V) Initiate immediate system lockouts for-
(a) Tampering with security aspects of the
MDAS;
(b) Fraudulent inspection
activity;
(c) Exceeding the limit
of offline emissions inspections as specified in the contract between the
department and the contractor; or
(d) Failing the OBD verification tool
self-check.
B.
The MDAS shall include a telecommunications data link to the contractor's VID
as specified in the contract between the department and the contractor.
Emissions inspection information shall be uploaded immediately to the VID via
this telecommunications data link according to subparagraphs (3)(F)2.C. and
(3)(F)5.D. of this rule so that all inspection information can be
electronically verified by the department, the MSHP, and the MDOR using the
contractor-provided internet solution.
C. The MDAS shall ensure accurate data
collection by limiting, cross-checking, and/or confirming manual data
entry.
3. OBD test
equipment. OBD test equipment shall meet the standards specified in
40 CFR
85.2231. The provisions of
40 CFR
85.2231 as promulgated by the EPA on April
28, 2014, are hereby incorporated by reference in this rule, as published by
the U.S. Government Publishing Office available at
https://bookstore.gpo.gov/ or
for mail orders print and fill out order form online and mail to: U.S.
Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This
rule does not incorporate any subsequent amendments or additions to
40 CFR
85.2231. The OBD test equipment shall be able
to communicate with all known OBD protocols and connect to and communicate with
a minimum of ninety-eight percent (98%) of all subject vehicles.
4. All emissions inspection equipment shall
meet the quality control requirements described in paragraph (3)(L)5. of this
rule. Newly acquired emissions inspection equipment and all applicable MDAS
software updates shall be subject to the acceptance test procedures
administered by the department's contractor to ensure compliance with the
emissions inspection program specifications.
(F) Emissions Inspection Station
Requirements.
1. Premises.
A. Each licensed emissions inspection station
shall have an emissions inspection area within an enclosed building of
sufficient length, width, and height to accommodate a full size light-duty
vehicle or light-duty truck.
B. The
emissions inspection area shall be sufficiently lighted, adequately heated and
cooled, and properly ventilated to conduct an emissions
inspection.
2. Equipment.
Each licensed emissions inspection station shall have the following equipment
located at or near the inspection area:
A.
Scraper. The scraper may be used to remove old windshield stickers;
B. Emissions inspection equipment, including
hardware, software, forms, and windshield stickers. The MDAS equipment hardware
shall be purchased or leased by the inspection station from the state's
contractor. All of the equipment must be present and functional. The equipment
software shall be provided with the MDAS equipment purchase or lease and
updated periodically at no cost to the licensed inspection stations. The forms
described in section (4) of this rule shall be provided by the MDAS software.
The windshield stickers described in section (4) of this rule shall be provided
by the contractor at no cost to licensed emissions inspection stations;
and
C. Telecommunications. The
station shall provide dedicated telecommunication service with appropriate
bandwidth for up-to-date VID data transmission to the MDAS. The cost of this
telecommunications service, including initial installation and ongoing
maintenance, is the responsibility of the licensed emissions inspection
station.
3. Personnel.
A. Each licensed emissions inspection station
shall have a minimum of one (1) licensed emissions inspector on duty during all
business days during the station's hours of inspection, except for short
periods due to illness or vacation.
B. Each licensed emissions inspection station
will designate, on the station license application, the emissions inspection
station manager who will be in charge of emissions inspections. The emissions
inspection station manager shall be responsible for the daily operation of the
station and will ensure that complete and proper emissions inspections are
being performed. The emissions inspection station manager shall be present at
the licensed emissions inspection station during all business days during the
station's hours of inspection, except for short periods due to illness or
vacation.
C. If the station is
without at least one (1) emissions inspector or one (1) emissions inspection
station manager, then the station shall be prohibited from conducting emissions
inspections.
4.
Licensing.
A. Any person, firm, corporation,
partnership, or governmental entity requesting an emissions inspection station
license shall submit a completed emissions inspection station application to
the department or to the MSHP.
B. A
vehicle emissions inspection station license shall be valid for twelve (12)
months from the date of issuance. A completed emissions inspection station
license application shall be accompanied by a check or money order for one
hundred dollars ($100) made payable to the MDOR and submitted to either the
Missouri Department of Natural Resources, Air Pollution Control Program, Attn:
Inspection and Maintenance, PO Box 176, Jefferson City, MO 65102-0176 or the
MSHP. Under no circumstances will cash be accepted for the license
fee.
C. The department or MSHP may
suspend or revoke a station license as provided by subsection (3)(N) of this
rule. The owners of licensed emissions inspection stations that are renewing
their emissions inspection license shall complete the requirements of
subparagraph (3)(F)4.B. of this rule.
D. Along with the application fee, applicants
shall submit the following information on a form provided by either the
department or the MSHP:
(I) Proof of liability
insurance;
(II) The business's
federal and state taxpayer identification number;
(III) The physical address of the inspection
station;
(IV) The mailing address,
if different from physical address, of the inspection station;
(V) The phone number and, if available, fax
number of the inspection station;
(VI) The last name, first initial, and, if
already licensed by the MSHP, the inspector number of the licensed emissions
inspector(s) employed by that station; and
(VII) The first and last name of the
emissions inspection station manager(s) employed by that station.
E. No license issued to an
emissions inspection station may be transferred or used at any other location.
Any change in ownership or location shall void the current station license. The
department must be notified immediately when a change of ownership or location
occurs or when a station discontinues operation. Businesses that change
locations will be charged another license fee for the cost of the new license.
Businesses that change owners will be treated as new licensees and charged
another license fee for the new license.
F. When an emissions inspection station
license has been suspended or revoked, or when a station discontinues
operation, all emissions inspection related supplies shall be surrendered to
the department or the MSHP. The failure to account for all emissions inspection
supplies will be sufficient cause for the department or the MSHP to deny the
reinstatement of an emissions inspection station license.
G. No emissions inspection station license
will be issued to a spouse, child or children, son/daughter-in-law, employee,
or any person having an interest in the business for the privilege to conduct
emissions inspections at the same location or in close proximity to the
location of an emissions inspection station whose license is under suspension
or revocation, unless the applicant can provide reasonable assurance that the
licensee under suspension or revocation will not be employed, manage, assist in
the station operation, or otherwise benefit financially from the operation of
the business in any way.
5. Operations.
A. All emissions inspections must be
conducted at the licensed emissions inspection station in the approved
emissions inspection area described in paragraph (3)(F)1. of this
rule.
B. The entire inspection of a
vehicle shall be made only by an individual who has a current, valid emissions
inspector license. No person without a current, valid emissions inspector
license shall issue an emissions VIR or a windshield sticker. No owner,
operator, or employee of an inspection station shall furnish, loan, give, or
sell an emissions VIR or windshield sticker to any person except those entitled
to receive it because their vehicle has passed the emissions
inspection.
C. If an emissions
inspector or an emissions inspection station manager or owner resigns or is
dismissed, the emissions inspection station manager or station owner shall
report these changes to the department and the MSHP immediately. The emissions
inspection station manager or station owner shall complete an amendment form to
inform the department and the MSHP of these changes in personnel.
D. All current manuals, bulletins, or other
rules issued by the department must be read by the station owner or operator
and each emissions inspector. These resources must be available, either in
printed or electronic form, at all times for ready reference by emissions
inspectors, department, and MSHP staff.
E. If the department is asked to settle a
difference of opinion between a vehicle owner and an emissions inspection
station manager or emissions inspector concerning the inspection standards and
procedures, the decisions of the department concerning emissions inspection
standards and procedures will be final.
F. Emissions inspection station operators are
permitted to advertise as official emissions inspection stations.
6. Hours of operation.
A. The normal business hours and business
days of every public inspection station shall be at least eight (8) continuous
hours per day, five (5) days per week, excluding all state holidays.
B. Emissions inspectors are obligated to
conduct emissions inspections and reinspections of vehicles during normal
business hours.
(I) A vehicle shall be
emissions inspected within a two- (2-) hour period after being presented unless
other vehicles are already being emissions inspected.
(II) A reinspection must begin within one (1)
hour when a vehicle is presented during the twenty (20) consecutive-day period
for reinspections excluding Saturdays, Sundays, and state holidays.
7. Display of inspection
station and inspector licenses, sign, and poster.
A. The department or the department's
designee shall provide each licensed emissions inspection station with one (1)
station license certificate. The station license certificate shall be displayed
in a conspicuous location discernible to those presenting vehicles for
emissions inspections.
B. The
department or the department's designee shall provide each licensed emissions
inspector with one (1) inspector license certificate. The emissions inspector
licenses must be displayed in a conspicuous location discernible to those
presenting vehicles for emissions inspections.
C. The department or the department's
designee shall provide each licensed emissions inspection station one (1)
official sign, made of metal or other durable material, to designate the
station as an official emissions inspection station. The sign designating the
station as an emissions inspection station shall be displayed in a location
visible to motorists driving past the inspection station. Additional signs may
be purchased for a fee equal to the cost to the state for each additional
sign.
(G)
Emissions Inspector Requirements.
1. Every
person requesting a vehicle emissions inspector license shall submit a
completed vehicle emissions inspector application to the department or the
department's designee. The emissions inspector application shall include a
facial photograph with dimensions of two inches (2") in length and two inches
(2") in width.
2. All vehicle
emissions inspectors must be at least eighteen (18) years of age and able to
read and understand documents written in English.
3. Emissions inspectors must pass a written
test that demonstrates their knowledge of the fundamentals of OBD testing and
repairs and the procedures of the emissions inspection program. The emissions
inspector written exam may include an oral component to evaluate the
applicant's ability to read and understand documents written in English. A
minimum grade of eighty percent (80%) is required to pass the written
examination or reexamination.
A. The
contractor shall design the training material and corresponding written exam
and have the training material and written exam certified by the department
prior to issuing the training material and written exam to potential emissions
inspectors.
B. After emissions
inspectors have passed the contractor's written exam, if they wish to also be
licensed to conduct vehicle safety inspections, they must submit an application
to the MSHP to take the safety inspection exam.
C. A safety inspector with a current license
working at a newly licensed emissions inspection station must pass only the
written emissions exam conducted by the contractor.
4. Emissions inspectors must also pass a
practical exam that demonstrates competency with the emissions inspection
equipment and demonstrate competency to either the department or the MSHP while
performing an emissions inspection on a vehicle prior to the issuance of the
inspector's license. A minimum grade of eighty percent (80%) is required to
pass the practical examination or reexamination.
5. If the applicant meets the requirements of
paragraphs (3)(G)1.-(3)(G)4. of this rule, an emissions inspector license will
be issued without charge. Licenses are valid for a period of three (3) years
from the date of issuance, or unless suspended or revoked by the department or
the MSHP. An emissions inspector whose license has been suspended or revoked
per items listed in subsection (3)(N) of this rule shall be required to
successfully complete the contractor's training program and pass the written
and practical exams described in paragraphs (3)(G)3. and (3)(G)4. of this rule
before the emissions license will be reinstated.
6. If the emissions inspector leaves the
employment of one licensed emissions inspection station and enters the
employment of another licensed emissions inspection station, the emissions
inspection station manager of the station that the inspector is transferring to
shall follow the procedures described in subparagraph (3)(F)5.K. of this rule.
The emissions inspector's license is transferable with the licensed emissions
inspector, provided the emissions inspector's license has not
expired.
7. An emissions inspector
may be reexamined at any time, and if s/he fails the reexamination or refuses
to be reexamined, the license issued to him/her shall be suspended. If a
vehicle emissions inspector fails a reexamination, s/he cannot again be tested
until a period of thirty (30) days has elapsed.
8. An emissions inspector license may be
renewed before the expiration date or sixty (60) days after expiration without
a reexamination. If the license has expired more than sixty (60) days before
the license renewal application is submitted, a reexamination will be required.
A vehicle emissions inspector does not have authority to conduct any
inspections during the sixty- (60-) day grace period unless the license has
been properly renewed.
(H)
Emissions Inspection Procedures. The emissions inspection procedure shall meet
the following requirements:
1. Every emissions
inspection must be performed according to the procedures described in this
rule. Once an emissions inspection has begun, it shall be completed by the
initiating inspector and shall not be terminated. A vehicle may not be passed
or failed based upon a partial inspection;
2. A proper and complete emissions inspection
shall consist of the OBD test method described in section (5) of this rule, the
immediate printing and subsequent issuance of a VIR to the motorist, and the
immediate uploading of the emissions inspection data to the contractor's
VID;
3. All emissions inspection
records shall be transmitted to the state's contractor as soon as an inspection
is complete for the purpose of real time registration verification by the MDOR
and program oversight by the department or the MSHP;
4. The emissions inspection fees shall be
charged for each inspection performed as described in subsection (3)(D) of this
rule;
5. Emissions inspection
windshield stickers will be issued to an emissions inspection station by the
MSHP and can be printed by only that station. Emissions inspection windshield
stickers shall be kept secure to prevent them from being lost, damaged, or
stolen. If windshield stickers are lost, damaged, or stolen, the incident shall
be reported immediately to the MSHP;
6. The emissions inspector will ensure that
all required information is properly and accurately entered into the MDAS. This
includes a vehicle description including the license plate number at the time
of inspection, VIN, vehicle make, vehicle model, vehicle model year, fuel type,
GVWR range, odometer reading at the time of the emissions inspection, and the
complete mailing address (street address, city, and zip code) of the vehicle
owner;
7. Using the MDAS digital
camera, the emissions inspector shall take three (3) readily identifiable
digital pictures showing the current license plate, VIN, and odometer reading.
The picture of the license plate, VIN, and odometer must match the plate, VIN,
and odometer reading that is printed on the VIR. These pictures shall then be
immediately uploaded to the VID.
A. License
plate pictures. Pictures of the rear license plate shall be of the entire rear
portion of the vehicle from taillight to taillight. If the vehicle license
plate is located only on the front of the vehicle, then the license plate
picture shall be of the entire front of the vehicle. License plate pictures
must be clearly legible.
B. VIN
pictures. VIN pictures should be of the dashboard VIN plate. VIN pictures must
be clearly legible. When VIN pictures are unclear, a supporting photo of the
door VIN may be included in the record.
C. Odometer pictures. In the case of digital
odometers, the ignition switch must be on to illuminate the odometer reading.
Trip odometer photos are not permissible. Odometer pictures must be clearly
legible;
8. Vehicles
shall be inspected in as-received condition, including vehicles whose MIL is
lit or whose readiness monitors are unset. The inspector shall connect the OBD
cable or wireless transmitter to the DLC of the actual vehicle submitted for
emissions testing. The connection shall remain intact and functioning during
the entire test procedure. Clean scanning is prohibited. An official
inspection, once initiated, should be performed in its entirety regardless of
immediate outcome, except in the case of an invalid test condition or
determination by the emissions inspector;
9. The initial emissions inspection shall be
performed according to the test method described in section (5) of this rule
without repair or adjustment at the emission inspection station prior to
commencement of any tests. Emissions inspections performed within ninety (90)
days of the initial emissions inspection shall be considered a reinspection and
are subject to provisions of subsection (3)(J) of this rule;
10. If a subject vehicle passes the emissions
test method described in section (5) of this rule, according to the standards
described in subsection (3)(I) of this rule, the emissions inspection station
shall issue the vehicle owner or driver a passing VIR described in subsection
(4)(A) of this rule, certifying that the vehicle has passed the emissions
inspection, and provide a windshield sticker for the windshield of the subject
vehicle according to subsection (4)(A) of this rule. The positioning of the
windshield sticker on the windshield of the vehicle shall take place on the
premises of the emissions inspection station;
11. If a subject vehicle fails the emissions
test method described in section (5) of this rule, according to the standards
described in subsection (3)(I) of this rule, the emissions inspection station
shall provide the vehicle owner or driver with a failing VIR described in
subsection (4)(B) of this rule that indicates what parts of the OBD test method
the vehicle failed, a repair facility performance report described in
subsection (4)(H) of this rule that lists the ten (10) nearest Missouri
Recognized Repair Technicians (MRRTs) to the licensed emissions inspection
station, a statement that vehicle repairs do not need to occur at the
inspection station where the test was performed, and a repair data sheet
described in subsection (4)(D) of this rule that is used to collect emissions
repair data for the repair facility performance report;
12. If a subject vehicle fails the emissions
test method described in section (5) of this rule, the vehicle owner shall have
the vehicle repaired. The vehicle shall be reinspected within the appropriate
inspection period as determined by paragraphs (3)(C)2. and (3)(C)3. of this
rule and the reinspection procedures described in subsection (3)(J) of this
rule; and
13. If the emissions
inspection is aborted by the MDAS software or the emissions inspector, the
emissions inspection station shall provide the vehicle owner or driver with the
emissions VIR described in subsection (4)(K) of this rule that indicates that
the OBD test was aborted.
(I) Emissions Inspection Standards. Subject
vehicles shall fail the emissions inspection if the vehicle does not meet the
OBD test standards specified in
40 CFR
85.2207. The provisions of
40 CFR
85.2207 as promulgated by the EPA on April
28, 2014, are hereby incorporated by reference in this rule, as published by
the U.S. Government Publishing Office available at
https://bookstore.gpo.gov/ or
for mail orders print and fill out order form online and mail to: U.S.
Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This
rule does not incorporate any subsequent amendments or additions to
40 CFR
85.2207.
(J) Emissions Reinspection Procedures.
1. Vehicles that fail the emissions
inspection described in section (5) of this rule shall be reinspected according
to the test method described in section (5) of this rule to determine if the
repairs were effective for correcting failures on the previous inspection.
A. The inspector shall enter the data from
the repair data sheet described in subsection (4)(D) of this rule in the MDAS
prior to initiating reinspection(s).
B. The inspector shall ensure that the VIN of
the reinspected vehicle matches the VIN of the originally inspected
vehicle.
C. The inspector shall
enter the current odometer reading of the vehicle at the time of the
reinspection into the MDAS.
D. The
inspector shall take three (3) new photographs following the procedure
described in paragraph (3)(H)7. of this rule.
E. The inspector shall connect the OBD cable
or wireless transmitter to the data link connector of the actual vehicle
submitted for emissions testing. The connection shall remain intact and
functioning during the entire test procedure. Clean scanning is
prohibited.
2. If the
subject vehicle passes a reinspection, then the procedures in paragraph
(3)(H)10. of this rule shall be followed.
3. If the subject vehicle fails a
reinspection, the vehicle owner may either-
A.
Have more repairs performed on the vehicle and have the vehicle reinspected;
or
B. Apply for a cost-based waiver
according to the requirements in paragraphs (3)(K)1.-(3)(K)5. of this
rule.
(K)
Emissions Inspection Waivers and Exemptions.
1. Cost-based waivers. Vehicle owners or
purchasers shall be issued a cost-based waiver for their vehicle under the
following conditions:
A. The subject vehicle
has failed the initial emissions inspection, has had qualifying repairs, and
has failed an emissions reinspection;
B. The vehicle has passed the following:
(I) The bulb check test described in
subparagraph (5)(B)2.A. of this rule;
(II) The data link connector test described
in subparagraph (5)(B)3.A. of this rule;
(III) The communications test described in
subparagraph (5)(B)3.B. of this rule; and
(IV) The readiness monitor test described in
paragraph (5)(B)4. of this rule; and
C. The subject vehicle has all of its
emissions control components correctly installed and operating as designed by
the vehicle manufacturer.
(I) To the extent
practical, the department representative shall use the MSHP air pollution
control device inspection method described in
11 CSR
50-2.280 to fulfill the requirement of this
subparagraph.
(II) If the vehicle
fails the visual inspection described in
11 CSR
50-2.280, then the vehicle will be denied a cost-based
waiver;
D. The vehicle
operator has submitted to the department the appropriate waiver application
with all required information and necessary signatures completed, along with
all itemized receipts of qualifying repairs. The qualifying repairs must meet
the requirements of paragraph (3)(K)2. of this rule. The itemized receipts must
meet the requirements of paragraph (3)(K)3. of this rule;
E. At the discretion of the department, the
vehicle owner or operator may be required to make arrangements to bring the
vehicle to the department or the department's designee for visual verification
of the vehicle's repairs or estimated repairs in the case of a cost-based
estimate waiver application; and
F.
To the extent practical, the department representative has verified that the
repairs indicated on the itemized receipts for qualifying repairs were made and
that the parts were repaired/replaced as claimed.
2. The minimum amount spent on qualifying
repairs for cost-based waivers shall-
A.
Exceed four hundred fifty dollars ($450) for vehicles not fully repaired solely
by the owner of the failed vehicle;
B. Exceed four hundred dollars ($400) for all
vehicles repaired solely by the owner of the failed vehicle. Only qualified
repairs that include the part costs for the purchase and installation of the
following parts listed in 40
CFR 51.360(a)(5) will be
accepted:
(I) Oxygen sensors;
(II) Catalytic converters;
(III) Exhaust gas recirculation (EGR)
valves;
(IV) Evaporative
canisters;
(V) Positive crankcase
ventilation (PCV) valves;
(VI) Air
pumps;
(VII)
Distributors;
(VIII) Ignition
wires;
(IX) Coils;
(X) Spark plugs; and
(XI) Any hoses, gaskets, belts, clamps,
brackets, or other accessories directly associated with these parts. If the
emissions failure is not related to the parts listed in this subparagraph, the
cost of replacing such parts will not count towards the waiver
minimum;
C. Exceed two
hundred dollars ($200) for all motorists who provide the department
representative with reasonable and reliable proof that the owner is financially
dependent on state and federal disability benefits and other public assistance
programs. The proof shall consist of government issued documentation providing
explanation of the motorist's disability and financial assistance with regard
to personal income. The motorist must also submit the appropriate cost-based
waiver application with their "Financial Eligibility Waiver Request";
D. Be inclusive of part costs paid by
motorists performing qualified vehicle repairs by themselves or for qualified
emissions repair services performed by any repair technician. Labor costs shall
only be applied toward a cost-based waiver if the qualified repair work was
performed by a recognized repair technician;
E. Not include the fee for an emissions
inspection or reinspection;
F. Not
include the fee for a safety inspection or reinspection;
G. Not include charges for obtaining a
written estimate of needed repairs;
H. Not include the charges for repairs
necessary for the vehicle to pass a safety inspection;
I. Not include costs for repairs performed on
the vehicle before the initial emissions inspection failure;
J. Not include expenses that are incurred for
the repair of-
(I) Emissions control devices
or data link connectors that have been found during either a safety or an
emissions inspection to be tampered with, rendered inoperative, or
removed;
(II) The MIL; or
(III) For OBD communications
failures;
K. Not include
the state sales tax for the following motor vehicle parts that are air
pollution control devices:
(I) Air injection
parts, air pumps, check valves, and smog pumps;
(II) Catalytic converters (universal
converters, direct fit converters, converter kits);
(III) EGR valves;
(IV) Evaporative canisters and canister purge
valves;
(V) PCV valves;
and
(VI) Any vehicle parts that
serve the equivalent functions of the parts listed in parts
(3)(K)2.K.(I)-(3)(K)2.K.(V) of this rule;
L. Not include costs and expenses associated
with aftermarket catalytic converter replacements that do not conform to the
EPA's Aftermarket Catalytic Converter (AMCC) enforcement policy. The EPA's AMCC
enforcement policy, which includes the following three (3) documents, is hereby
incorporated by reference in this rule. This rule does not incorporate any
subsequent amendments or additions to the EPA's AMCC enforcement policy:
(I) The Notice of Proposed Enforcement Policy
regarding the "Sale and Use of Aftermarket Catalytic Converters," published on
August 5, 1986, by 51 FR 28114 as published by the Office of the Federal
Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW,
Washington, DC 20408;
(II) The
publication "What You Should Know About Using, Installing Or Buying Aftermarket
Catalytic Converters" published in September 2000 by the U.S. Environmental
Protection Agency (EPA), Office of Air and Radiation, Office of Transportation
and Air Quality, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
and
(III) The letter "Sale and Use
of Aftermarket Catalytic Converters for Vehicles Equipped with Onboard
Diagnostic (OBD-II) Systems" sent on September 30, 2004, by the U.S.
Environmental Protection Agency (EPA), Office of Enforcement and Compliance
Assurance, 1200 Pennsylvania Avenue NW, Washington, DC 20460 to the
Manufacturers of Emission Control Association;
M. Not include expenses that are incurred for
the restoration of the vehicle manufacturer's emissions control system due to
the installation of sensor simulators, engine control module upgrades, or other
aftermarket components that disable readiness monitors or in any way bypass or
compromise the vehicle manufacturer's emissions control system; and
N. Not include costs for emissions repairs or
adjustments covered by a vehicle manufacturer's warranty, including the minimum
federal catalytic converter warranty period of eight (8) years or eighty
thousand (80,000) miles, insurance policy, or contractual maintenance
agreement. The emissions repair costs covered by warranty, insurance, or
maintenance agreements shall be separated from other emissions repair costs and
shall not be applied toward the cost-based waiver minimum amount. The operator
of a vehicle within the statutory age and mileage coverage under subsection
207(b) of the federal Clean Air Act shall present a written denial of warranty
coverage, with a complete explanation, from the manufacturer or authorized
dealer in order for this provision to be waived.
3. The vehicle operator shall present all
itemized repair receipts to the department representative to demonstrate
compliance with paragraph (3)(K)2. of this rule. The itemized repair receipt(s)
shall-
A. Include the name, physical address,
and phone number of the repair facility and the model year, make, model, and
VIN of the vehicle being repaired;
B. Describe the diagnostic test(s) performed
to identify the reason the vehicle failed an emissions inspection;
C. Describe the emissions repair(s) that were
indicated by the diagnostic test(s);
D. Document the emissions repairs performed
were authorized by the vehicle owner or operator;
E. Describe the emissions repairs that were
performed by the repair technician or vehicle owner;
F. For catalytic converter replacements,
include, as a separate attachment, the documentation that the EPA's AMCC
enforcement policy requires of the catalytic converter retail seller, vehicle
owner, and/or installer. Catalytic converter replacements will only be accepted
towards a cost-based waiver if they are installed on gasoline-powered vehicles
that have failed the most recent OBD test with at least one (1) catalytic
converter DTC (P0420-P0439) as recorded on a failing VIR described in
subsection (4)(B) of this rule;
G.
Describe the vehicle part(s) and the quantity or each type of part(s) that were
serviced or replaced;
H. Describe
the readiness monitors that were either set to ready or left unset;
I. Describe the diagnostic test(s) performed
after the repairs were completed to verify that the vehicle's emissions control
system is now operating as it was designed to operate by the
manufacturer;
J. Clearly list the
labor costs, if the vehicle was repaired by a repair technician, and the
part(s) costs separately for each repair item;
K. Include the repair technician's name
(printed or typed), signature and, if applicable, the unique identification
number of the recognized repair technician that performed the repair work;
and
L. Confirm that payment was
collected or financed for the services rendered and/or parts replaced as listed
on the itemized repair receipt(s).
4. Estimate-based waivers. Vehicles shall be
issued an estimate-based waiver under the following conditions:
A. The subject vehicle has failed the initial
emissions inspection or reinspection after repair(s) with a single
DTC;
B. The vehicle has passed the
following:
(I) The bulb check test described
in subparagraph (5)(B)2.A. of this rule;
(II) The data link connector test described
in subparagraph (5)(B)3.A. of this rule;
(III) The communications test described in
subparagraph (5)(B)3.B. of this rule; and
(IV) The readiness monitor test described in
paragraph (5)(B)4. of this rule;
C. The subject vehicle cannot have received
either a cost-based waiver or an estimate-based waiver during a previous
biennial inspection cycle for the same single DTC;
D. The vehicle owner has paid for a
diagnostic test of that DTC by a recognized repair technician or a vehicle
repair business that specializes in a particular make of vehicle or type of
repair (e.g., transmission repairs), with the items tested and the results
described on the repair estimate; and
E. The diagnostic test results and parts
required for the repair of the single DTC are documented by the shop to exceed
four hundred fifty dollars ($450).
5. The department reserves the right to
investigate all cost- and estimate-based waiver requests and submitted
receipts. Costbased waiver requests with incomplete information and/or receipts
that do not identify the vehicle that was repaired, do not itemize the actual
cost of the parts that were serviced, do not list the labor costs separately
from the part costs, indicate that state sales tax was charged on air pollution
control parts exempted from state sales tax as defined in paragraph (3)(K)2. of
this rule, or contain fraudulent information or part costs as determined by
department representatives will not be accepted by the department. If the
conditions of paragraphs (3)(K)1.-(3)(K)4. of this rule have been met, the
department representative shall issue a waiver and provide the windshield
sticker to be affixed to the vehicle by the vehicle owner. The windshield
sticker shall meet the requirements of paragraph (4)(F)2. of this
rule.
6. The contractor shall
provide the means to issue cost-based waivers, VIRs, and windshield stickers
from either the department's offices or from a portable solution as required by
the contract. The contractor shall provide the means to issue out-of-area,
reciprocity, mileage, and GVWR waivers, exemptions, and VIRs, from either the
department's offices or from a portable solution as required by the
contract.
7. Out-of-area
exemptions. Provided the vehicle owner or driver submits a completed, signed
out-of-area affidavit to the department indicating that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300-643.355, RSMo, for the next twenty-four (24)
months, the department shall issue an emissions inspection VIR, with an
indicator to show that the vehicle has received an out-of-area exemption to the
vehicle owner or driver, and a windshield sticker shall be affixed to the
subject vehicle.
8. Reciprocity
waivers. Provided the vehicle owner or driver presents proof, acceptable to the
department, that the subject vehicle has successfully passed an OBD emissions
inspection in another state within the previous sixty (60) calendar days, the
department shall issue an emissions inspection VIR with an indicator to show
that the vehicle has received a reciprocity waiver to the vehicle owner or
driver, and a windshield sticker shall be affixed to the subject vehicle.
Reciprocity waivers shall be issued if the motorist submits proof of a passing
OBD emissions inspection from a state or jurisdiction participating in
pass/fail OBD inspections. Should any of these states or jurisdictions
discontinue the use of pass/fail OBD inspections, the reciprocity waiver shall
not be granted.
9. Mileage
exemptions. Provided the vehicle owner or driver submits the required
information described in subsection (4)(H) of this rule, the department or the
MDAS shall issue an emissions inspection VIR, with an indicator to show that
the vehicle has received a mileage-based exemption to the vehicle owner or
driver.
10. GVWR exemptions.
Provided the emissions inspector verifies that the vehicle is over eight
thousand five hundred pounds (8,500 lbs.) GVWR, the MDAS shall issue an
emissions inspection VIR, with an indicator to show that the vehicle has
received a GVWR exemption to the vehicle owner or driver.
(L) Quality Control Requirements.
1. Quality control for the contractor(s). The
State of Missouri shall appoint a contractor to perform the outlined duties of
the inspection maintenance program through vehicle emissions inspections. The
contractor shall maintain for the department an electronic database of licensed
emissions inspector information that, at a minimum, includes the inspector's
name, unique identification number, date of license issuance, stations of
employment, date of any license suspensions or revocations, and a list of
inspection results by date and by model year, make, model, and VIN.
2. Quality control for emissions inspection
stations. Licensed emissions stations shall conduct emissions inspections in
accordance with this rule and failure to do so may result in civil, criminal,
and/or monetary penalties as described in paragraphs (3)(N)2.-(3)(N)5. of this
rule.
3. Quality control for
emissions inspectors. Emission inspectors shall conduct vehicle emissions
inspections in accordance with this rule, failure to comply may result in
civil, criminal, and/or monetary penalties as described in paragraphs
(3)(N)2.-(3)(N)5. of this rule.
4.
Quality control for emissions inspection records.
A. All inspection records, calibration
records, and control charts shall be accurately created, recorded, maintained,
and secured by the contractor.
B.
The contractor shall make available all records and information requested by
the department and shall fully cooperate with the department, MSHP, and other
state agency representatives who are authorized to conduct audits and other
quality assurance procedures.
C.
The contractor shall maintain emissions inspection records, including all
inspection results and repair information.
(I)
These records shall be kept readily available to the department and the MSHP
for at least three (3) years after the date of an initial emissions
inspection.
(II) These records
shall be made available to the department and the MSHP on a real time continual
basis through the use of the contractor's VID as specified in the
contract.
(III) These records shall
also be made available immediately upon request for review by department and
MSHP personnel.
5. Quality control for all emissions
inspection equipment.
A. At a minimum, the
practices described in this section and in the contract shall be
followed.
B. Preventive maintenance
on all emissions inspection equipment shall be performed on a periodic basis,
as provided by the contract between the department and the contractor and
consistent with the EPA's and the equipment manufacturer's
requirements.
C. To assure quality
control, computerized analyzers shall automatically record quality control
check information, lockouts, attempted tampering, and any circumstances which
require a service representative to work on the equipment.
D. To assure test accuracy, equipment shall
be maintained by the contractor according to demonstrated good engineering
procedures.
E. Computer control of
quality assurance checks shall be used whenever possible. The emissions
inspection equipment shall transmit the quality control results to the
department's contractor as prescribed in the contract between the department
and the contractor.
(M) Vehicle Registration. After a subject
vehicle has passed the emissions inspection according to either paragraphs
(3)(H)10. or (3)(J)2. of this rule, or received an exemption or waiver
according to subsection (3)(K) of this rule, the contractor shall make
electronically available to the MDOR on a real time basis the emissions records
to enable vehicle registration and compliance enforcement. Paper VIRs may not
be used for registration purposes, unless the contractor's real time vehicle
inspection database is not providing inspection information to the MDOR on a
real time basis. In the event the MDOR does not have access to real time
emissions inspection records, the department shall expressly authorize, either
in writing or by voice authorization, the use of the paper VIRs by the MDOR
and/or its contract offices.
(N)
Violations and Penalties.
1. Criminal
penalties. Persons violating this rule shall be subject to the criminal
penalties contained in section
643.355, RSMo.
2. Procedural penalties. Fraudulent emissions
inspections or repairs are a violation of this rule. All emissions inspection
station operators and emissions inspectors shall comply with the emissions
inspection law, sections 643.300-643.355, RSMo, and this emissions inspection
rule. All emissions inspections and repairs shall be conducted in accordance
with this emissions inspection rule. The department shall cause unannounced
tests of facilities that inspect, repair, service, or maintain motor vehicle
emissions components and equipment, including submitting known high-emissions
vehicles with known defects for inspection and repair without prior disclosure
to the repair facility. Failure to comply with the emissions inspection law or
the emissions inspection rule will subject the emissions inspection station
manager and emissions inspector(s) to one (1) or more of the following
procedural penalties:
A. Warning;
B. Lockouts as described in paragraph
(3)(N)3. of this rule;
C. Penalties
as described in paragraph (3)(N)4. of this rule;
D. Suspension or revocation of emissions
inspection station and/or inspector licenses as described in paragraph (3)(N)5.
of this rule;
E. The department's
refusal to accept repair receipts from an inspection station or repair facility
for the purpose of issuing cost-or estimate-based waivers;
F. The department's revocation of recognized
repair technician status if the repair technician is reported by the department
to the attorney general for unlawful merchandising practices according to
subsection 643.330.4., RSMo;
G.
Reporting of unlawful merchandising practices as defined in Chapter 407, RSMo,
by the department to the attorney general for appropriate legal proceedings
under sections 407.095 and
407.100, RSMo; and
H. Department or MSHP requests for
investigation and/or criminal and civil penalties by the U.S. Environmental
Protection Agency.
3.
Lockouts. The department or MSHP may electronically lockout any emissions
inspector, station, MRRT, or equipment if the department or MSHP identifies any
irregularities within the emissions inspection database or any irregularities
identified during either overt or covert audits. The lockout may precede
warnings, license suspensions or revocations, or arrests. The state's
contractor shall display a lockout warning on the monitor of any inspection
equipment that is locked out by the department or MSHP. Lockouts shall prevent
the performing of emissions inspections by the locked out party. Lockouts shall
be cleared when the department or MSHP is satisfied that there is no longer a
need for the lockout. Irregularities include, but are not limited to:
A. Failure to enter all required information
properly and accurately as described in paragraph (3)(H)6. of this
rule;
B. Uploading unclear
pictures, uploading license plate pictures that do not match the license plate
recorded on the VIR, or failing to upload pictures as described in paragraph
(3)(H)7. of this rule;
C. Clean
scanning as described in paragraph (3)(H)8. of this rule;
D. Performing more inspections than are
physically possible for a given time duration;
E. Performing emissions inspections using
another emissions inspector's fingerprint or password;
F. Conducting off-line inspections while the
MDAS is not connected to the VID, unless the VID is off-line;
G. Conducting improper safety inspection of
the air pollution control devices described in
11 CSR
50-2.280;
H. Bad faith or fraudulent repairs performed
at the emissions inspection station or MRRT repair facility where-
(I) Vehicles repeatedly fail reinspections
for the same reasons that they initially failed the OBD test;
(II) Vehicle repairs are not qualifying
repairs; or
(III) Physical visual
inspection of the repaired vehicles determines that the repairs were not
performed as described on the submitted repair receipts;
I. Installing or assisting motorists with the
installation of aftermarket catalytic converters that do not conform to EPA's
AMCC enforcement policy, which is incorporated by reference in subparagraph
(3)(K)2.L. of this rule;
J.
Installing or assisting motorists with the installation of aftermarket
components that disable or compromise the capabilities of the vehicle
manufacturer's EPA-certified emissions control system;
K. Failure to maintain a positive balance of
emissions inspection credit authorizations described in subparagraph (3)(D)3.B.
of this rule;
L. Failure to upload
the emissions inspection results to the VID immediately upon completion of the
inspection per paragraph (3)(H)2. of this rule;
M. Failure to properly reinspect vehicles
that failed an initial emissions test per paragraph (3)(J)1. of this
rule;
N. Failure to pay the VID
Service Fees according to the terms of the contract between the contractor and
licensed emissions inspection stations as described in paragraph (3)(D)4. of
this rule;
O. Failure to download
and install the latest version of lane software to the MDAS; and
P. Failure to maintain dedicated data
transmission capabilities for the emissions inspection equipment to stay online
with the contractor's VID.
4. Penalties. If anyone is found to have
committed an intentional procedural violation of this rule or that anyone's
procedural violation involved gross negligence of this rule, they are subject
to a fine, and such fine shall be not less than five (5) times the amount of
the fee described in paragraph (3)(D)1. of this rule.
5. Emissions inspection license suspension
and revocation. Before any emissions inspection station license or emissions
inspector license is suspended or revoked by the department or the MSHP, the
license holder will be notified, either in writing by certified mail or by
personal service at the station's address of record, and given the opportunity
to have an administrative hearing as provided by subsection 643.320.3., RSMo.
A. Suspension of emissions inspection station
and/or inspector licenses shall be for a period no less than thirty (30) days
and not more than one (1) year.
B.
Revocation of emissions inspection station and/or inspector licenses shall be
for a period no less than one (1) year and not more than three (3)
years.
6. Civil
penalties. Installing catalytic converters that do not conform to EPA's AMCC
enforcement policy, which is incorporated by reference in subparagraph
(3)(K)2.L. of this rule, or installing aftermarket components that in any way
bypass or compromise the vehicle manufacturer's emissions control system on a
vehicle operated in the ozone nonattainment area is a violation of this rule
and the federal Clean Air Act section 203(a)(3) (42 U.S.C. 7522
(a)(3)) and may result in the penalties
described in the federal Clean Air Act section 205(a) (42 U.S.C. 7524
(a)).
A. Any
manufacturer or new vehicle dealer who violates section 203(a)(3)(A)
(42 U.S.C.
7522 (a)(3)(A)) of the
federal Clean Air Act shall be subject to a civil penalty of not more than
thirty-seven thousand five hundred dollars ($37,500), as promulgated on
December 11, 2008, by 73 FR 75340 by the Office of the Federal Register, U.S.
National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC
20408, which is hereby incorporated by reference in this rule. This rule does
not incorporate any subsequent amendments or additions to the Federal
Register. Any violation of section 203(a)(3)(A) (42 U.S.C.
7522(a)(3)(A)) shall
constitute a separate offense with respect to each motor vehicle or motor
vehicle engine.
B. Any person other
than a manufacturer or new vehicle dealer who violates section 203(a)(3)(A) of
the federal Clean Air Act (42 U.S.C. 7522
(a)(3)(A)) or any person who violates section
203(a)(3)(B) of the federal Clean Air Act (42 U.S.C. 7522
(a)(3)(B)) shall be subject to a civil
penalty of not more than three thousand seven hundred fifty dollars ($3,750),
as promulgated on December 11, 2008 by 73 FR 75340, which is incorporated by
reference in paragraph (3)(N)6.A. of this rule. Any violation of section
203(a)(3)(A) (42 U.S.C.
7522(a)(3)(A)) shall
constitute a separate offense with respect to each motor vehicle or motor
vehicle engine. Any violation of section 203(a)(3)(B) (42 U.S.C. 7522
(a)(3)(B)) shall constitute a separate
offense with respect to each part or
component.
(4) Reporting and Record Keeping.
(A) Passing Vehicles.
1. The VIR for the passing vehicle shall
include:
A. A vehicle description, including
the license plate number at the time of inspection, VIN, vehicle make, vehicle
model, vehicle model year, fuel type, GVWR range, odometer reading at the time
of the vehicle's passing the OBD test, county of registration, and the complete
mailing address (street address, city, and zip code) of the vehicle
owner;
B. The date and time of
inspection;
C. The unique
identification number of the licensed emissions inspector performing the
inspection, the unique identification number and location of the inspection
station, and the unique identification number of the inspection
equipment;
D. The applicable
inspection standards;
E. The
passing OBD test results;
F. The
results of the recall provisions check, if applicable, including the recall
campaign;
G. A statement that the
emissions inspection was performed in accordance with this state
regulation;
H. A waiver indicator,
if applicable;
I. An off-line test
indicator if the MDAS was not connected to the VID when the inspection was
performed;
J. The statement: "This
inspection is mandated by your United States Congress"; and
K. A statement that the results have been
transmitted directly to the MDOR, and that the paper VIR may not be used for
vehicle registration purposes.
2. The windshield sticker for the passing
vehicle shall-
A. Be affixed on the inside of
the vehicle's front windshield in the lower left hand corner by the emissions
inspector for each vehicle that passes the emissions inspection, or by the
department representative for each vehicle that has been issued a waiver. A
windshield sticker affixed to a vehicle that has been issued a waiver shall
have a waiver indicator clearly visible on the sticker. Previous windshield
stickers affixed to the windshield shall be removed;
B. Be as fraud resistant as required by the
contract between the department and the contractor;
C. Be valid until the next emissions
inspection is required as defined in subsection (3)(B) of this rule;
and
D. Contain the statement: "This
inspection is mandated by your United States Congress."
(B) Failing Vehicles. The
VIR for the failing vehicle shall include:
1.
A vehicle description, including the license plate number at the time of
inspection, VIN, vehicle make, vehicle model, vehicle model year, fuel type,
GVWR range, odometer reading at the time of the vehicle's OBD test, county of
registration, and the complete mailing address (street address, city, and zip
code) of the vehicle owner;
2. The
date and time of inspection;
3. The
unique identification number of the licensed emissions inspector performing the
test, the unique identification number and location of the inspection station,
and the unique identification number of the inspection equipment;
4. The applicable inspection
standards;
5. The passing and
failing OBD test results according to
40 CFR
85.2223. The provisions of
40 CFR
85.2223 as promulgated by the EPA on April
28, 2014, are hereby incorporated by reference in this rule, as published by
the U.S. Government Publishing Office available at
https://bookstore.gpo.gov/ or
for mail orders print and fill out order form online and mail to: U.S.
Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This
rule does not incorporate any subsequent amendments or additions to
40 CFR
85.2223;
6. The results of the recall provisions
check, if applicable, including the recall campaign;
7. A statement that the emissions inspection
was performed in accordance with this state regulation;
8. The statement: "This inspection is
mandated by your United States Congress";
9. A statement that the vehicle may be
reinspected for free according to paragraph (3)(D)2. of this rule;
10. An off-line test indicator if the MDAS
was not connected to the VID when the inspection was performed;
11. If the vehicle fails the DLC test
described in subparagraph (5)(B)3.A. of this rule, the DLC failure reason as
determined by the emissions inspector; and
12. If the vehicle fails the communications
test described in subparagraph (5)(B)3.B. of this rule, the non-communications
reason as determined by the MDAS.
(C) Repair Facility Performance Report. The
repair facility performance report shall be printed by the MDAS for each
failing vehicle and provided by the inspection station to the motorist with the
VIR described in subsection (4)(B) of this rule. The repair facility
performance report shall, at a minimum, list the ten (10) facilities employing
at least one (1) Recognized Repair Technician that are nearest to the
inspection station that conducted the failing emissions inspection. If the
inspection station employs at least one (1) Recognized Repair Technician, the
repair facility performance report shall include the inspection station in the
list of ten (10) facilities. The report shall include, but not be limited to,
the following:
1. The name of each facility,
address, and phone number;
2. The
percentage of vehicles repaired by the repair facility that passed the first
reinspection;
3. Other information
as required by the contract between the department and the contractor;
and
4. How motorists may obtain the
full or customized list of facilities employing Recognized Repair Technicians
from the contractor at no cost to the motorist. The list shall be viewable on a
publicly available website maintained by the contractor.
(D) Repair Data Sheet. The repair data sheet
shall be printed by the MDAS for each failing vehicle and provided by the
inspection station to the motorist. The information on repair data sheets shall
be collected and entered by emissions inspectors into the MDAS as described in
subparagraph (3)(J)1.A. of this rule and used to generate the repair facility
performance report described in subsection (4)(C) of this rule. The information
to be collected shall include, but not be limited to, the following:
1. The total cost of repairs, divided into
parts and labor;
2. The name of the
person who performed the repairs and, if applicable, their Recognized Repair
Technician's identification number;
3. The name of the repair facility and, if
applicable, the repair business's inspection station number and/or the MRRT
facility's identification number; and
4. The inspection failure the vehicle was
being repaired for and the emissions-related repairs performed.
(E) Motorist Comment Form.
Inspection stations may print motorist comment forms from the MDAS to give to
motorists for providing feedback on emissions inspections. The motorist comment
form shall include the telephone numbers of the department and the MSHP and the
complete mailing address (street address, city, and zip code), phone number,
fax number, and website of the contractor.
1.
Any challenge regarding the performance or results of the emissions inspection
must be made within twenty (20) business days of the failing emissions
inspection.
2. Any challenge
regarding the results or effectiveness of the repairs made by either licensed
emissions inspection stations or Missouri Recognized Repair Technicians must be
made within twenty (20) business days of the date of vehicle repair.
(F) Cost- and Estimate-Based
Waivers.
1. The cost- or estimate-based waiver
VIR shall include:
A. A vehicle description,
including the license plate number at the time of inspection, VIN, vehicle
make, vehicle model, vehicle model year, fuel type, GVWR range, odometer
reading at the time of the most recent emissions inspection, county of
registration, and the complete mailing address (street address, city, and zip
code) of the vehicle owner;
B. The
amount of money accepted by the department toward the cost- or estimatebased
waiver and the date and time that the cost- or estimate-based waiver is
issued;
C. The unique
identification number of the department staff issuing the cost- or
estimate-based waiver, the location of the department staff person issuing the
cost- or estimate-based waiver, and the unique identification number of the
inspection equipment used to issue the cost- or estimate-based
waiver;
D. A statement that the
results have been transmitted directly to the MDOR, and that the paper VIR may
not be used for vehicle registration purposes; and
E. The statement: "This inspection is
mandated by your United States Congress."
2. The front of the cost- or estimatebased
waiver windshield sticker shall meet the same criteria as listed in paragraph
(4)(A)2. of this rule.
(G) Reciprocity Waivers.
1. The reciprocity waiver VIR shall include:
A. A vehicle description, including the
license plate number at the time of inspection, VIN, vehicle make, vehicle
model, vehicle model year, fuel type, GVWR range, odometer reading at the time
of the vehicle's passing the OBD test, county of registration, and the complete
name and address of the vehicle owner;
B. The reciprocity waiver
determination;
C. The date and time
that the reciprocity waiver is issued;
D. The unique identification number of the
department staff person issuing the reciprocity waiver, the location of the
department staff person, and the unique identification number of the inspection
equipment used to issue the reciprocity waiver;
E. The state where the vehicle passed its OBD
test;
F. A statement that the
results have been transmitted directly to the MDOR, and that the paper VIR may
not be used for vehicle registration purposes; and
G. The statement: "This inspection is
mandated by your United States Congress."
2. The reciprocity waiver windshield sticker
shall meet the same criteria as listed in paragraph (4)(A)2. of this
rule.
(H) Mileage-Based
Emissions-Exempt Vehicles. The VIR for the mileage-based emissions-exempt
vehicle shall include:
1. A vehicle
description, including the license plate number at the time of inspection, VIN,
vehicle make, vehicle model, vehicle model year, fuel type, GVWR range,
odometer reading by a motor vehicle service station registered with the
Missouri Secretary of State or an odometer reading verified by the department,
county of registration, and the complete mailing address (street address, city,
and zip code) of the vehicle owner;
2. The date that the exemption is applied for
and/or the date and time that the exemption was issued;
3. The unique identification number of the
licensed emissions inspector performing the safety inspection, the unique
identification number and location of the inspection station, and the unique
identification number of the inspection equipment;
4. The type of mileage exemption, as
described in paragraphs (1)(B)7. and (1)(B)8. of this rule;
5. A statement that the results have been
transmitted directly to the MDOR, and that the paper VIR may not be used for
vehicle registration purposes; and
6. The statement: "This inspection is
mandated by your United States Congress."
(I) GVWR-Based Emissions-Exempt Vehicles. The
VIR for the GVWR-based emissions-exempt vehicle shall include:
1. A vehicle description, including the
license plate number at the time of inspection, VIN, vehicle make, vehicle
model, vehicle model year, fuel type, GVWR range, odometer reading at the time
of the most recent safety inspection, county of registration, and the complete
mailing address (street address, city, and zip code) of the vehicle
owner;
2. The date and time of the
vehicle's safety inspection during which the licensed inspector verified that
the vehicle had a GVWR in excess of eight thousand five hundred pounds (8,500
lbs.);
3. The unique identification
number of the licensed emissions inspector performing the safety inspection,
the unique identification number and location of the inspection station, and
the unique identification number of the inspection equipment;
4. The GVWR exemption
determination;
5. A statement that
the results have been transmitted directly to the MDOR, and that the paper VIR
may not be used for vehicle registration purposes; and
6. The statement: "This inspection is
mandated by your United States Congress."
(J) Out-of-Area Emissions-Exempt Vehicles.
The out-of-area waiver VIR shall include:
1. A
vehicle description, including the license plate number at the time of
inspection, VIN, vehicle make, vehicle model, vehicle model year, fuel type,
county of registration, and the complete name and address of the vehicle
owner;
2. The date and time that
the out-of-area exemption is issued;
3. The unique identification number of the
department staff person issuing the out-of-area waiver, the location of the
department staff person, and the unique identification number of the inspection
equipment used to issue the out-of-area waiver;
4. The county where the vehicle is being
operated;
5. A statement that the
results have been transmitted directly to the MDOR, and that the paper VIR may
not be used for vehicle registration purposes; and
6. The statement: "This inspection is
mandated by your United States Congress."
(K) Aborted Emissions Inspections. The
aborted emissions VIR shall include:
1. A
vehicle description, including the license plate number at the time of
inspection, VIN, vehicle make, vehicle model, vehicle model year, fuel type,
GVWR range, odometer reading at the time of the most recent safety inspection,
county of registration, and the complete mailing address (street address, city,
and zip code) of the vehicle owner;
2. The date and time that the vehicle's
emissions inspection was aborted;
3. The unique identification number of the
licensed emissions inspector performing the emissions inspection, the unique
identification number and location of the inspection station, and the unique
identification number of the inspection equipment;
4. The aborted test result; and
5. The statement: "This inspection is
mandated by your United States Congress."
(L) Beginning January 1, 2008, using a method
provided by the contractor, federal, state, and local government agencies shall
submit a list of vehicles, by VIN, that are operated by the government agencies
and that are required to be inspected during each calendar year. Submittals are
due by February 1 of each calendar year. If the first is not a business day or
is a state holiday, the list shall be submitted to the contractor by the
following business day. The contractor will audit these submittals by comparing
the list of submitted vehicles to the database of inspected vehicles to track
public entity compliance. The contractor shall provide the department with the
results of this audit by April 1 of each calendar year.
(5) Test Methods.
(A) To the extent possible, an OBD test and
the contract shall be performed on all 1996 and later model year light-duty
vehicles and light-duty trucks powered by gasoline and all 1997 and later model
year light-duty vehicles and light-duty trucks powered by diesel.
(B) The OBD test shall follow the procedures
described in 40 CFR
85.2222. The provisions of
40 CFR
85.2222 as promulgated by the EPA on April
28, 2014, are hereby incorporated by reference in this rule, as published by
the U.S. Government Publishing Office available at
https://bookstore.gpo.gov/ or
for mail orders print and fill out order form online and mail to: U.S.
Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This
rule does not incorporate any subsequent amendments or additions to
40 CFR
85.2222.
1.
If the subject vehicle cannot be tested with the OBD test due to manufacturer
design, then the subject vehicle shall be tested with only a bulb check test
described in paragraph (5)(B)2. of this rule.
2. Bulb check test.
A. Vehicles will fail the bulb check portion
of the OBD test if the MIL is not illuminated while the key is in the on
position and the engine is off (KOEO).
B. Vehicles will fail the bulb check portion
of the OBD test if the MIL is illuminated while the key is in the on position
and the engine is running (KOER).
C. Vehicles with keyless ignitions shall be
subject to a bulb check test.
D.
Vehicles that fail the KOEO bulb check portion of the OBD test described in
subparagraph (5)(B)2.A. of this rule shall fail the OBD test. Repairs made to
correct bulb check failures shall not be eligible for costbased or
estimate-based waivers.
3. Data link connector and communications
tests.
A. Data link connector test. Vehicles
will fail the data link connector portion of the OBD test if the DLC is
inaccessible due to manufacturer design, tampered with, blocked, or not located
where the manufacturer located the DLC. The emissions inspector shall determine
and record the reason for this failure in the MDAS for printing on the
emissions VIR.
B. Communications
test. Vehicles will fail the communications portion of the OBD test if the
vehicle does not maintain sufficient voltage to the DLC during OBD
communication or transmit the necessary information to the inspection equipment
after three (3) thirty- (30-) second attempts.
(I) If the vehicle does not communicate after
two (2) thirty- (30-) second communication attempts, inspectors shall verify
the communication failure according to the lane software procedures using the
MDAS OBD verification tool.
(II) If
the OBD verification tool determines that the equipment is not capable of
communicating with the vehicle, the MDAS shall automatically abort the OBD test
and generate the emissions VIR described in subsection (4)(K) of this
rule.
(III) If the OBD verification
tool determines that the equipment is capable of communicating with the
vehicle, inspectors shall make one (1) additional thirty- (30-) second
communication attempt. If the vehicle does not communicate with the MDAS, the
MDAS shall determine and record the reason for this failure and print this
reason on the emissions VIR.
C. Vehicles that fail the DLC or
communications portion of the OBD test shall fail the OBD test.
D. Repairs made to correct failures for DLCs
that have been tampered with, rendered inoperative, or removed, or failures for
OBD communications as described in subparagraphs (5)(B)3.A. and (5)(B)3.B. of
this rule, shall not be eligible for cost-based or estimate-based
waivers.
4. Readiness
monitor test.
A. 1996-2000 model year
gasoline-powered vehicles may pass the readiness monitor portion of the OBD
test if they have no more than two (2) unset non-continuous readiness
monitors.
B. 2001 and newer model
year gasoline-powered vehicles may pass the readiness monitor portion of the
test if they have no more than one (1) unset non-continuous readiness
monitor.
C. Gasoline-powered
vehicles that fail the OBD test with a catalytic converter DTC (P0420-P0439)
present must have the catalyst monitor reset to pass the readiness monitor
portion of the OBD retest.
D.
Gasoline-powered vehicles will fail the readiness monitor portion of the OBD
test if the following non-continuous monitors are not supported:
(I) Oxygen sensor; and
(II) Catalyst.
E. Vehicles that are on the readiness
exemption table maintained by the contractor and authorized by the department
shall be exempt from the readiness monitor portion of the OBD test.
F. Vehicles that fail the readiness monitor
portion of the OBD test shall fail the OBD test. Vehicles must pass the
readiness monitor portion of the OBD test to be eligible for a cost-based or
estimate-based waiver.
G. Repairs
made to correct failures for readiness monitor tampering caused by the
installation of aftermarket components shall not be eligible for cost-based or
estimate-based waivers.
5. Diagnostic trouble code test.
A. Vehicles will fail the diagnostic trouble
code test if the OBD system has stored at least one (1) mature (non-pending,
non-historic) DTC that commands the MIL to be illuminated.
B. Vehicles will fail the diagnostic trouble
code test if the vehicle commands the MIL to be illuminated but the OBD system
has no mature (non-pending, non-historic) DTCs stored in the system.
C. The contractor shall ensure that their
inspection equipment's request for DTCs does not cause the MIL to be
illuminated.
D. Vehicles that fail
the DTC portion of the OBD test shall fail the OBD test.
(C) If the subject vehicle passes
the OBD test according to the OBD test standards specified in subsection (3)(I)
of this rule and all of the OBD test procedures described in section (5) of
this rule, then the procedures in paragraph (3)(H)3. of this rule shall be
followed.
(D) If the subject
vehicle fails the OBD test according to the OBD test standards specified in
subsection (3)(I) of this rule or any of the OBD test procedures described in
section (5) of this rule, then the procedures in paragraphs (3)(H)6., (3)(H)7.,
and (3)(J)2. of this rule shall be followed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.