California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 3.5 - Heavy-Duty Diesel Smoke Emission Testing, and Heavy-Duty Vehicle Emission Control System Inspections
Section 2181 - Responsibilities of the Driver and Inspector During the Inspection Procedure

Universal Citation: 13 CA Code of Regs 2181

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Driver of heavy-duty diesel-powered vehicle. The driver of a heavy-duty diesel-powered vehicle selected to undergo the inspection procedure shall do all of the following:

(1) Drive the vehicle to the inspection site upon direction of an officer.

(2) Show proof of driver's license and vehicle registration to the inspector or officer upon request.

(3) Perform the test procedure upon request by an inspector.

(4) Open the vehicle door so that the inspector can observe the driver depress the accelerator pedal.

(5) Permit an emission control system inspection and open the hood of the vehicle upon the request of the inspector.

(6) As applicable, sign the Citation or Notice of Violation to acknowledge its receipt and sign the smoke test report to acknowledge performance of the test procedure.

(b) Driver of heavy-duty gasoline-powered vehicle. The driver of a heavy-duty gasoline-powered vehicle selected to undergo the inspection shall do all of the following:

(1) Drive the vehicle to the inspection site upon direction of an officer.

(2) Show proof of driver's license and vehicle registration to the inspector or officer upon request.

(3) Permit an emission control system inspection and open the hood of the vehicle upon request of the inspector.

(4) As applicable, sign the Citation or Notice of Violation to acknowledge its receipt.

(c) Inspector. The inspector in performing the inspection procedures shall do all of the following:

(1) Advise the driver that refusal to submit to the inspection procedure is a violation of these regulations.

(2) Obtain engine identification information from the vehicle when tested pursuant to section 2182 to determine which opacity standard specified in section 2182 applies.

(3) Except as otherwise provided in section 2181(c)(4), issue a Citation to the driver of a vehicle that fails the applicable opacity standard as specified in section 2182, the emission control system inspection or is missing an emission control label.

(4) For the first 6 months from the effective date of the amended regulation, issue a Notice of Violation to the driver of a vehicle that fails the applicable smoke opacity standard as specified in section 2182(a). If the same vehicle has already been issued a Notice of Violation for failing the applicable smoke standard in section 2182(a) subsequent to the effective date of the amended regulation, issue a Citation. This provision sunsets six (6) months from July 1, 2019.

1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Amendment of subsection (c)(2) filed 12-1-93; operative 1-3-94 (Register 93, No. 49).
3. Amendment of section heading and section filed 5-4-98; operative 5-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 19).
4. New subsections (a)(2), (a)(6), (b)(2) and (b)(6), subsection relettering, amendment of newly designated subsections (a)(5) and (b)(3) and amendment of NOTE filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).
5. Amendment of subsections (a)(7), (b), (b)(4), (c) and (c)(3)-(6) and amendment of NOTE filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
6. Change without regulatory effect repealing subsection (a)(6), renumbering subsections and repealing subsection (c)(6) filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).
7. Amendment of subsections (c)(3)-(4) and repealer of subsection (c)(5) filed 5-8-2019; operative 7-1-2019 (Register 2019, No. 19).

Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code; and Sections 260 and 305, Vehicle Code.

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