37 Tex. Admin. Code § 23.51 - Vehicle Emissions Inspection Requirements
(a) In affected counties, to be certified by
the department as a vehicle inspection station, the station must be certified
by the department to perform vehicle emissions testing. This provision does not
apply to vehicle inspection stations certified by the department to only
inspect commercial motor vehicles.
(b) A commercial vehicle inspection station
in a county not designated as an affected county shall not inspect a designated
vehicle unless the motorist represents that the vehicle is exempted from
emissions testing. Under the exceptions outlined in paragraphs (1) - (3) of
this subsection, a commercial vehicle registered in an affected county may
receive a commercial safety inspection at a vehicle inspection station in a
non-affected county.
(1) The vehicle is not a
designated vehicle because it has not and will not be primarily operated in an
affected county. This exception includes the subparagraphs (A) and (B) of this
paragraph:
(A) Company fleet vehicles owned by
business entities registered at a central office located in an affected county
but operated from branch offices and locations in non-affected counties on a
permanent basis.
(B) Hunting and
recreational vehicles registered to the owner in an affected area but
permanently maintained on a hunting property or vacation home site in a
non-affected county.
(2)
The vehicle no longer qualifies as a designated vehicle because it no longer
and will be no longer primarily operated in an affected county. For example,
the vehicle registration indicates it is registered in an affected county, but
the owner has moved, does not currently reside in, nor will primarily operate
the vehicle in an affected county.
(3) The vehicle is registered in an affected
county and is primarily operated in a non-affected county but will not return
to an affected county prior to the expiration of the current registration.
Under this exception the vehicle will be reinspected at a vehicle inspection
station certified to do vehicle emissions testing immediately upon return to an
affected county. Examples of this exception include vehicles operated by
students enrolled at learning institutions, vehicles operated by persons during
extended vacations, or vehicles operated by persons on extended out-of-county
business.
(c) All
designated vehicles must be emissions tested at the time of and, if applicable,
as a part of the designated vehicle's annual commercial vehicle safety
inspection at a vehicle inspection station certified by the department to
perform vehicle emissions testing. The exceptions outlined in paragraphs (1)
and (2) of this subsection apply to this provision.
(1) Commercial motor vehicles, as defined by
Texas Transportation Code, §
548.001, meeting
the description of "designated vehicle" provided in this section, must be
emissions tested at a vehicle inspection station certified by the department to
perform vehicle emissions testing and must be issued an emissions test only
inspection report, as authorized by Texas Transportation Code, §
548.252 prior to
receiving a commercial motor vehicle safety inspection report pursuant to Texas
Transportation Code, Chapter 548. The emissions test only inspection report
must be issued within 15 calendar days prior to the issuance of the commercial
motor vehicle safety inspection report and will expire at the same time the
newly issued commercial motor vehicle safety inspection report
expires.
(2) Vehicles presented for
inspection by motorists in counties not designated as affected counties meeting
other exceptions listed in this section.
(d) A commercial motor vehicle with a
currently valid safety inspection report presented for an "Emissions Test on
Resale" inspection shall receive an emissions test. The owner or selling dealer
may choose one of two options:
(1) a complete
commercial safety and emissions test and receipt of a new inspection report;
or
(2) an emissions test and
receipt of the emissions test only inspection report. The emissions test only
inspection report will expire at the same time as the current safety inspection
report.
(e) Any vehicle
not listed as an exempt vehicle that is capable of being powered by gasoline,
from two years old up to and including 24 years old, presented for the annual
commercial vehicle safety inspection in affected counties will be presumed to
be a designated commercial vehicle and will be emissions tested as a part of
the annual vehicle safety inspection.
(f) The department shall perform challenge
tests to provide for the reinspection of a motor vehicle at the option of the
owner of the vehicle as a quality control measure of the emissions testing
program. A motorist whose vehicle has failed an emissions test may request a
free challenge test through the department within 15 calendar days.
(g) Federal and state governmental or
quasi-governmental agency vehicles that are primarily operated in affected
counties that fall outside the normal registration or inspection process shall
be required to comply with all vehicle emissions inspection and maintenance
(I/M) requirements contained in the Texas I/M State Implementation Plan (SIP),
which is available at the following website:
https://www.tceq.texas.gov/airquality/sip/.
(h) Any motorist in an affected county whose
designated vehicle has been issued an emissions related recall notice shall
furnish proof of compliance with the recall notice prior to having their
vehicle emissions tested at the next testing cycle. As proof of compliance, the
motorist may present a written statement from the dealership or leasing agency
indicating the emissions repairs have been completed.
(i) Inspection reports previously issued in a
newly affected county shall be valid and remain in effect until the expiration
date thereof.
(j) The department
may perform quarterly equipment and/or gas audits on all vehicle emissions
analyzers used to perform vehicle emissions tests. If a vehicle emissions
analyzer fails the calibration process during the gas audit, the department may
cause the appropriate vehicle inspection station to cease vehicle emissions
testing with the failing emissions analyzer until all necessary corrections are
made and the vehicle emissions analyzer passes the calibration
process.
(k) Pursuant to the Texas
I/M SIP, the department may administer and monitor a follow up loaded mode I/M
test on at least 0.1% of the vehicles subject to vehicle emissions testing in a
given year to evaluate the mass emissions test data as required in Code of
Federal Regulations, Title 40, §51.353(c)(3).
(l) Vehicle owners receiving a notice from
the department requiring an emissions test shall receive an out-of-cycle test
if the vehicle already has a valid safety and emissions inspection report. This
test will be conducted in accordance with the terms of the department's notice.
The results of this verification emissions inspection shall be reported
(online) to the Texas Information Management System Vehicle Identification
Database. Vehicles identified to be tested by the notice will receive the
prescribed test regardless of the county of registration and regardless of
whether the vehicle has a valid emissions inspection report.
Notes
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