[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (MM)
(QQ) of rule
3745-26-01 of the
Administrative Code titled "referenced materials."]
(A) Motor vehicles subject to inspection.
(1) Beginning January 1, 1996, the director
shall implement and supervise an enhanced vehicle inspection and maintenance
program in the counties that are necessary for the state to effectively comply
with the Clean Air Act.
(2) Unless
otherwise exempt pursuant to division (B)(3) of section
3704.14
of the Revised Code, each twenty-five year-old or more recent motor vehicle
whose owner or lessee resides in a county that is part of a designated program
area, and each twenty-five year-old or more recent motor vehicle that is part
of a fleet operated in a county that is part of a designated program area, is
subject to biennial inspection for the enhanced program.
Unless otherwise exempt pursuant to division (B)(3) of section
3704.14
of the Revised Code, each motor vehicle that is owned or leased by the state,
local government, or any political subdivision whose office is located within a
county that is part of a designated program area, is subject to inspection in
odd numbered years and shall report the inspection results to the director by
December thirty-first of that year.
Pursuant to 40 CFR part 51.356, unless otherwise exempt
pursuant to division (B)(3) of section
3704.14
of the Revised Code, each motor vehicle that is owned or leased by the federal
government or its employees and is operated on a federal installation within a
county that is part of a designated program area is subject to inspection.
Vehicles owned or leased by the federal government will be required to have an
inspection in odd numbered years and shall report the inspection results to the
director by December thirty-first of that year.
(a) The county of residence of a motor
vehicle owner is determined by the resident's or owner's address provided on
the registration issued by the registrar of motor vehicles.
(b) A lessee's county of residence is
determined by the resident's address listed on the lease agreement.
(c) Federal installations located in a
designated program area shall provide documentation of proof of compliance with
test requirements to the director of Ohio EPA. Documentation shall include a
list of subject vehicles and be updated biennially.
(3) With the exception of when vehicles are
exempt from testing, vehicle owners shall comply with the following test
frequency in a designated program area:
(a) A
vehicle owner or lessee whose vehicle is an odd number model year is required
to present a valid inspection certificate upon vehicle registration in odd
numbered calendar years.
(b) A
vehicle owner or lessee whose vehicle is an even number model year is required
to present a valid inspection certificate upon vehicle registration in even
numbered calendar years.
(4) A vehicle owner or lessee may have a
vehicle inspected in any county in Ohio where the approved test is being
offered. .
(5) At the time of vehicle registration or
registration renewal, the motor vehicle owner or lessee shall present to the
registrar of motor vehicles an inspection compliance certificate, an exemption
certificate, extension certificate, or a waiver certificate with an application
for vehicle registration as determined under section
4503.10
of the Revised Code.
(6) With the
exception of when vehicles are exempt from testing, vehicles that have been
transferred to a new owner or lessee or those issued a thirty-day temporary tag
as defined in section
4503.182
of the Revised Code shall have an emissions inspection performed unless a valid
compliance certificate from the previous owner is transferred to the new owner
or a duplicate certificate as prescribed in paragraph (D)(10) of this rule is
obtained. Repair waivers and all types of exemption and extension certificates
are not transferrable.
(7) Foreign
imported gray-market vehicles that have been issued documents of exemption from
emission requirements by the United States environmental protection agency are
not exempt from testing in Ohio.
(8) Vehicles subject to inspection that have
been rebuilt or that have had engine exchanges shall meet inspection
requirements for the model year of the motor vehicle chassis.
(9) For a kit car or self-assembled car whose
engine year can be confirmed by the director or the director's designee, the
vehicle will be tested based on the standards for the confirmed engine year. If
the engine year cannot be confirmed, the motor vehicle will be tested on the
standard for the year the vehicle was titled.
(10) A passing vehicle inspection report
issued to a motor vehicle owner or lessee is valid for three hundred sixty-five
days from the date of the inspection and can be transferred to a subsequent
owner or lessee of that vehicle.
(11) All vehicle inspection reports shall
contain the following statement: "This automobile inspection is a result of
requirements under the Clean Air Act as enacted by the United States Congress
and enforced by U.S. EPA. Any questions or concerns on the need of the testing
program can be directed to U.S. EPA at Environmental Protection Agency, Ariel
Rios Building, Office of Transportation and Air Quality, 1200 Pensylvania Ave.
NW, Washington, D.C. 20460.
http://www.epa.gov/epahome/comments.htmwww.epa.gov/home/forms/contact-epa."
(B) Non-permanent exemptions and
extensions.
(1) Pursuant to division (B)(3) of
section
3704.14
of the Revised Code, new vehicles are exempt from the inspection requirements
for four years in the enhanced program. New vehicle exemptions commence
beginning with the first model year of the vehicle and expire at the end of the
fourth year, for example, a 2011 model year's exemption expires December 31,
2014. An exemption certificate is not required for owners of new
vehicles.
(2) Consistent with the
intent of these rules, the director may grant exemptions for or extensions of
the time during which any motor vehicle required to be tested pursuant to
section
3704.14
of the Revised Code and the rules adopted thereunder is exempt from testing, if
circumstances indicate such an exemption or extension is warranted.
(3) Any application for a non-permanent
exemption or extension shall be submitted on a form prescribed by the director.
Copies of this form may be obtained free of charge from the Ohio environmental
protection agency, from the bureau of motor vehicles, from any test center, or
from the website
www.ohioecheck.org.
(4) Any owner or lessee receiving a
non-permanent exemption or extension shall comply with any terms and conditions
specified by the director on the extension certificate. If the recipient of an
extension certificate fails to comply with the terms and conditions, that owner
or lessee shall not be eligible for future exemptions or extensions.
(5) Extensions shall be issued at the
discretion of the director, for the purpose of allowing for a delay in the
testing requirement for a period of up to six months. The following are the
types of extensions and the requirements and documentation necessary to qualify
for an extension:
(a) A repair extension may
be granted for a motor vehicle that is undergoing repair at the time of the
registration or registration renewal. In addition to the application, an
extension request based upon repair shall include a copy of the repair order or
parts order, or both when available, from the facility performing the repairs,
and a copy of the current vehicle registration.
(b) An out of state extension may be granted
for a motor vehicle that is located in another state provided law enforcement
verifies the vehicle location as requested in the application or by another
verification method approved by the director on a case-by-case basis.
(c) A readiness extension may be granted for
a motor vehicle that is having readiness issues related to testing. The
documentation shall include a failed inspection report or customer notice
indicating not able to test due to readiness.
(d) A hardship extension for any motor
vehicle may be granted to a motor vehicle owner or lessee that meets the
following criteria:
(i) The motor vehicle
fails any part of the emission test, except the gas cap test.
(ii) The motor vehicle owner or lessee
completes and submits an application for a hardship extension.
(iii) The applicant certifies that the
applicant's income qualifies as "low income," as defined in rule
3745-26-01 of the
Administrative Code.
(iv) The motor
vehicle owner or lessee provides a written estimate of seventy-five dollars or
more for vehicle emission repairs, parts or services, including diagnostic
fees, related to the failure. If a motor vehicle owner or lessee intends to
perform the necessary services or repairs themself, the written estimate shall
include only the cost of emission related parts. The written estimate shall not
include any costs associated with any motor vehicle emission related recall
that has been or is to be paid by a manufacturer or dealer.
(e) A director's discretionary
extension may be granted as the director determines is necessary and
appropriate for very unique circumstances not addressed in this
paragraph.
(6) A
non-permanent exemption for a motor vehicle may be issued if one of the
following criteria is met by the owner or lessee:
(a) For motor vehicles owned or operated by
military personnel stationed outside Ohio.
If a motor vehicle is registered in an Ohio designated program
area, but is owned or operated by a member of the armed forces who is stationed
outside Ohio, the application for non-permanent exemption shall include a copy
of that person's current military orders, a copy of the vehicle registration
and a completed exemption application.
(b) For motor vehicles owned or operated by
students attending schools outside the state of Ohio that are not within
another state's designated program area.
If a motor vehicle registered in an Ohio designated program
area is owned or operated by a person attending school outside the state of
Ohio but which is not in another state's designated program area, the
application for non-permanent exemption shall include a statement from the
registrar of the school attesting to the student's registration and the
effective dates of that registration, a copy of the vehicle registration and a
completed exemption application.
(c) For motor vehicles operated outside Ohio
in another state's designated program area but not operated by a person
eligible for a military or student exemption.
If a motor vehicle registered in an Ohio designated program
area is owned or operated by a person in another state's designated program
area, the application for non-permanent exemption shall include a valid
compliance certificate from the motor vehicle inspection program in that area,
a copy of the vehicle registration and a completed exemption
application.
(C) Permanent exemptions.
Effective January 1, 1996 the following motor vehicles are
permanently exempt from the emissions inspection required in the designated
program area:
(1) Vehicles that are
older than twenty-five years, as determined by vehicle model year.
(2) Noncommercial vehicles with gross vehicle
weight ratings of more than ten thousand pounds after a one time visual
verification and inspection by an Ohio EPA representative.
(3) Historical vehicles registered under
section
4503.181
of the Revised Code. Owners of historical vehicles are not required to obtain
exemption certificates.
(4)
Collector's vehicles registered under section
4501.01
of the Revised Code. Owners of collector's vehicles are not required to obtain
exemption certificates.
(5) Parade
and exhibition vehicles registered under section
4503.18 of
the Revised Code. Owners of parade and exhibition vehicles are not required to
obtain exemption certificates.
(6)
Motorcycles as defined in section
4511.01
of the Revised Code. Owners of motorcycles are not required to obtain exemption
certificates.
(7) Vehicles, the
district of registration of which is located in a designated program area, that
are leased to a lessee whose county taxing district code, as designated on the
vehicle registration, is outside a designated program area. The lessees of such
vehicles are not required to obtain exemption certificates as long as the
lessee's county taxing district remains outside a designated program
area.
(8) Vehicles for which
salvage certificates of title have been issued under division (C) of section
4505.11
of the Revised Code. Owners or lessees of salvaged vehicles are not required to
obtain exemption certificates.
(9)
Recreational vehicles and motor homes as defined in section
4501.01
of the Revised Code. Owners or lessees of recreational vehicles and motor homes
are not required to obtain exemption certificates.
(10) Electrically-powered vehicles shall
receive a one-time verification inspection prior to receiving an exemption
certificate.
(11) Vehicles
operating on an alternative fuel such as primarily one hundred per cent
propane, butane, alcohol or natural gas. Experimental vehicles and vehicles
operating on other alternative fuels may be exempted at the director's
discretion. Such vehicles shall have a one-time verification inspection
performed on the vehicle prior to receiving an exemption certificate.
(12) Vehicles that are registered according
to
Sections
sections
4511.214
and
4511.215
of the Revised Code as defined in
Sections
sections
4501.01
of the Revised Code and rule
3745-26-01 of the
Administrative Code. These types of vehicles include but are not limited to
utility vehicles, low-speed vehicles, under-speed vehicles and
mini-trucks.
(D)
Inspection procedures and repair requirements.
(1) All inspections shall be performed at a
designated and approved inspection station. If required, the vehicle owner or
lessee shall present the vehicle registration, an application for registration
renewal, a vehicle registration expiration notice, or the vehicle title, or
copy thereof, at the time of inspection so as to verify the vehicle
identification number and that the vehicle is registered in a testing county or
the owner or lessee resides in a testing county.
(2) Vehicles shall receive a visual check.
Vehicles found to be in an unsafe condition will not receive an emissions test
but will be issued a rejection report indicating items that need to be
repaired. This rejection does not count as a failure for purposes of paragraph
(F) of this rule. Any vehicle may be rejected for one or more of the following
conditions:
(a) Fuel, engine oil, coolant or
transmission oil leaks in or around engine, fuel tank or lines causing a
visible pooling of fluid onto floor.
(b) For tailpipe testing only.
(i) Under-inflated tires, emergency spare
tires, or tires in an unsafe condition.
(ii) Loud internal engine noise, obvious
exhaust leaks, or a missing tailpipe.
(3) A vehicle known to be on an emission
related recall or that has an unresolved emission related recall repair will
not be inspected until the recall repair is completed and documented with proof
of the work performed. After such proof has been presented, an emission test
may be performed on the vehicle. Recall repair costs, whether borne by the
manufacturer or dealer shall not be counted toward a waiver.
(4) Any vehicle subject to this rule shall
have a tampering inspection to ensure that the vehicle contains the emissions
control equipment and that the equipment properly operates. Vehicles that are
missing a gas cap, when required, will fail the gas cap test and vehicle
inspection.
Each tampering inspection will be performed on the basis of the
vehicle's original emission control system configuration at the time of
manufacture, or on a U.S. EPA certified emission control configuration for an
engine of the same or newer model year and weight class of that of the vehicle.
After market replacement parts and add-on and modified parts meeting the
performance criteria specified in 40 CFR part 85 , subpart V, or meeting the
requirements of the U.S. EPA memorandum 1A policy document, or which have not
otherwise been found in violation of the anti-tampering provisions of the Clean
Air Act as amended are considered to be in compliance with this chapter.
Vehicles that fail the tampering inspection will be considered
to have failed the emissions test and will be issued a vehicle inspection
report indicating the failure items. The owner or lessee shall have the vehicle
repaired to pass the initial tampering test.
(5) If a vehicle passes the tampering
inspection, model year 1995 and older gasoline vehicles will receive an
emissions inspection to ensure the concentration of hydrocarbons, nitrous
oxides and carbon monoxide meet applicable standards for the model year. For
model year 1996 ond older diesel-powered vehicles, the emissions inspection
will test for exhaust opacity. Maximum allowable emission standards shall be
determined by the director. Gasoline vehicles model year 1996 and newer and
diesel fueled vehicles model year 1997 and newer that are required to be tested
shall pass an on board diagnostic test, unless an alternative test is
determined to be required.
(6) If
the vehicle passes the required emissions inspection, the contractor shall
provide the owner or lessee with a vehicle inspection report that includes a
compliance certificate.
If a vehicle fails the required emissions inspection, the
contractor shall provide the owner or lessee with a vehicle inspection report
and certificate indicating which items failed the inspection. This report shall
list possible components that may need to be replaced or the systems to be
repaired.
(7) Upon receipt
of the vehicle inspection report indicating failure, the owner or lessee shall
do the following:
(a) Have emissions related
repairs performed on the vehicle.
(b) Have the necessary repairs performed so
that the vehicle can pass a subsequent reinspection. Only new original or new
aftermarket catalytic converters or recertified used catalytic converters
meeting the emission reduction requirements and criteria set by the United
States environmental protection agency are acceptable for catalytic converter
replacement required under this chapter.
(c) Have the vehicle reinspected after the
required repairs have been performed.
(8) Any vehicle owner or lessee may perform
repairs necessary to prepare the vehicle for reinspection, however, only actual
costs of emissions related parts, not labor costs, incurred by an owner or
lessee in performing self repairs upon vehicles shall be applied towards a
waiver.
(9) If a motor vehicle
failing the enhanced test is covered by a valid and unexpired emission
performance warranty as provided under section 207 (B) of the Clean Air Act the
vehicle owner or lessee shall have any repairs necessary for the vehicle to
pass inspection performed on the vehicle under that warranty. Such a vehicle is
not eligible for a waiver under this rule. Costs incurred under warranty
repairs shall not be applied towards a waiver.
(10) If a vehicle owner or lessee loses an
inspection certificate and a valid vehicle inspection identification number
does not appear on the bureau of motor vehicles' registration data file, the
vehicle owner or lessee may obtain a duplicate certificate from a designated
test facility.
(11) Emissions
inspections shall incorporate the on-board diagnostic computer link feature
mandated by the Clean Air Act when the feature is available.
(E) Waivers.
(1) To qualify for a waiver certificate, a
motor vehicle owner or lessee shall provide all of the following:
(a) The most recent VIR. Emission related
repairs performed prior to the vehicle's initial inspection can be included in
calculating whether the vehicle owner or lessee has met the "waiver limit" as
provided in paragraph (E)(2) of this rule, if the repairs were performed within
sixty days of that initial inspection.
(b) Emission-related repair receipts
including itemized costs from a repair facility, or costs of parts if repairs
are performed by an owner or lessee, to bring the vehicle into compliance with
the required emission inspection. This amount shall not include the cost of
repairing or replacing tampered emissions control equipment, and shall include
only the cost of parts if the repairs are performed by the vehicle owner or
lessee themself.
For a vehicle registered in a county subject to the enhanced
inspection program, the motor vehicle owner or lessee shall satisfy paragraphs
(E) (2) and (E)(3) of this rule.
(2) The vehicle owner or lessee shall
demonstrate that an amount equal to or greater than the "waiver limit" as
defined in rule
3745-26-01 of the
Administrative Code has been spent on emission-related repairs and diagnostic
fees. This amount shall not include the cost of repairing or replacing tampered
emissions control equipment and shall include only the cost of parts if the
repairs are performed by the vehicle owner or lessee themself. If the vehicle
owner or lessee demonstrates that the "waiver limit" has been spent, the
vehicle shall be inspected and the documentation reviewed to establish the
following:
(a) For all vehicles, the motor
vehicle shows no sign of tampering with the emission control
equipment.
(b) For gasoline
vehicles model year 1995 and older or all vehicles that are tailpipe tested,
reinspection results subsequent to emission-related repairs and adjustments
indicate not less than a thirty per cent reduction in the measured
concentrations of each pollutant that exceeded the applicable standard for that
pollutant during the initial inspection. Also, the reinspection results for
each pollutant that passed during the initial inspection shall not exceed the
standard for that pollutant after emission-related repairs and
adjustments.
(c) For all vehicles
attempting to qualify for a repair waiver and to the extent possible, the
repair waiver inspection will verify the emission-related repairs or replaced
parts were made to that vehicle and as itemized on the repair
receipt.
(3) A waiver
certificate shall be valid for three hundred sixty-five days from its date of
issuance or until the next required vehicle emission test. A waiver is not
transferrable to a subsequent owner or lessee.
(F) Test fees.
(1) The contractor shall refund the
inspection costs for one pass per vehicle incurred by a motor vehicle dealer.
These refunds shall apply to vehicles that become registered in a county that
is subject to the motor vehicle inspection and maintenance program.
(2) The contractor shall provide for one free
passing emissions inspection or a total of three emissions inspections for a
motor vehicle in any three-hundred-sixty-five day period. The owner or lessee
of a motor vehicle is responsible for inspection fees that are related to
emission inspections beyond one free passing emissions inspection or three
total emission inspections in any three-hundred-sixty-five day period.
Inspection fees that are charged by a contractor conducting emission
inspections under a motor vehicle inspection and maintenance program shall be
appproved by the director.
(G) Appeal procedures.
A motor vehicle owner or lessee may appeal the results of an
emissions inspection if the owner or lessee believes the inspection was not
administered according to rules or procedures of this chapter. The owner or
lessee may appeal the inspection results to the director within fourteen days
of failing an emissions inspection.
(1) Upon notice of request for an appeal, the
director shall contact the owner or lessee and will reinspect the vehicle at a
place and time of the director's convenience.
(2) The director's determination of the
vehicle's compliance or noncompliance with inspection standards shall be final
upon reinspection by the director.