Code of Colorado Regulations
1000 - Department of Public Health and Environment
1001 - Air Quality Control Commission
5 CCR 1001-13 - REGULATION NUMBER 11 MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
Part C - Inspection Procedures and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control Systems, On-Board Diagnostics (OBD); and Practices to Ensure Proper Emissions Related Adjustments and Repairs
Section 5 CCR 1001-13-C-VIII - CERTIFICATION OF EMISSIONS CONTROL

Current through Register Vol. 48, No. 6, March 25, 2025

In order to obtain a Certificate of Emissions Control, the vehicle must meet the following conditions:

VIII.A. Certification of Emissions Compliance may be issued if:

VIII.A.1. The vehicle emissions levels are the same as or less than the applicable emissions limits; or

VIII.A.2. For vehicles in model years seven through ten subject to an on-board diagnostic inspection, the OBD system meets the passing criteria established in Part F, Section VII. of this regulation, and

VIII.A.3. There are no smoke emissions visible from the vehicle engine crankcase and/or tailpipe, unless the inspection is conducted by an automated emissions testing system (Kiosk) and

VIII.A.4. Repealed

VIII.A.5. Under enhanced inspection requirements, the vehicle owner/operator of a 1995 or newer model year vehicle shall demonstrate compliance with any federal emissions recall-pursuant to 40 CFR Part 85.1902 (d) or remedial repair plan pursuant to Section 207 (C) of the federal Clean Air Act for which owner notification occurs after 01 January 1995.

VIII.B. A Certification of Emissions Waiver may be issued if:

VIII.B.1. There are no smoke emissions visible from the vehicle's exhaust, and the vehicle is not tampered, to include a visual emissions control systems inspection (1975 and newer model year vehicles only) as determined by the Division's Emissions Technical Center staff or their direct designee.

VIII.B.2. Enhanced Program

For model year 1968 and newer, at least seven hundred fifteen dollars ($715) or as adjusted annually by the Consumers Price Index for Urban Consumers (CPIU) of the previous year as compared to 2003 has been spent on emissions related adjustments and repairs as specified in Part C, Section IX, provided that proof of repair costs for that specific vehicle has been provided to Department of Revenue personnel or their designee in the form of an itemized receipt for parts purchased if repaired by the owner, or, invoice, work order, manifest, or statement in which emissions related parts and/or repairs are specifically identified as specified in 42-9-108 C.R.S.

For model year 1967 and earlier at least seventy-five dollars ($75) has been spent on emissions related adjustments and repairs as specified in Part C, Section IX provided that proof of repair costs for that specific vehicle has been provided to and verified by the emissions inspector in the form of an itemized receipt for parts purchased if repaired by the owner, or invoice, work order, manifest, or statement in which emissions related parts and/or repairs, are specifically identified as specified in 42-9-108 C.R.S. The motorist is to be referred to the Department of Revenue or its designee pursuant to Sections IX.C. of this Part C.

VIII.C. If in the opinion of the Division's Emissions Technical Center personnel or its designee that no additional emissions related repairs would be effective or needed, yet the vehicle's Malfunction Indicator Light remains illuminated, and the repair expenditure limits have not been met, the vehicle will be given the alternate IM240 inspection in lieu of the OBD inspection. If the vehicle is unable to be inspected using the IM240 inspection procedure or continues to exceed one or more emissions limits, a waiver which shall not exceed one inspection cycle in duration shall be issued upon physical verification of systems operation and vehicle performance by emissions technical center personnel.

VIII.D. For vehicles registered and operated in the enhanced area, upon verification by a Department of Revenue Motor Vehicle Emissions Compliance Inspector, a waiver not to exceed one inspection cycle may be granted to obtain necessary emissions related repairs on a vehicle in the case of economic hardship when the Certificate of Emissions Waiver requirements of this section have not been met. It must be verified that the vehicle owner in question is participating in an established and recognized public assistance program. The provisions of Section VIII.D. shall only apply to a vehicle once. To obtain a hardship waiver, the registered owner of the vehicle in question shall satisfy the following requirements:

VIII.D.1. The vehicle must fail for carbon monoxide, hydrocarbons, and/or oxides of nitrogen or OBD.

VIII.D.2. The hardship waiver will not be approved for vehicles that are tampered, missing equipment, fail the evaporative inspection, or fail for visible smoke.

VIII.D.3. The vehicle owner must be participating in an established and recognized public assistance program.

VIII.D.4. The vehicle must be the sole means of transportation for the vehicle owner, and the owner must not have more than two vehicles registered in his/her name.

VIII.D.5. Such extension may be granted only once per vehicle.

VIII.E. A Certificate of Emissions Waiver will not be issued to a vehicle that is eligible for the Emissions Control Systems Performance Warranty, 207(b) of the federal Clean Air Act. Per the provisions of the 207(b) Performance Warranty, the repair costs necessary for compliance with AIR Program emissions limits specified in Part F of this regulation will be borne by the vehicle manufacturer or his authorized dealer representative.

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