Current through Register Vol. 41, No. 3, September 23, 2024
A. All aspects of the inspection shall be
performed by an emissions inspector, using the instructions programmed in the
certified analyzer system and procedures approved by the department, within the
designated inspection area, and on the permitted premises.
B. The emissions inspection station shall
notify the customer prior to initiating an emissions inspection that the
emissions inspection station is either able or unable to perform the
emissions-related repairs required by
9VAC5-91-480
for that particular vehicle should that vehicle fail the inspection. The
emissions inspector shall not conduct an inspection on a motor vehicle unless
the customer gives approval after being so notified.
C. The emissions inspector shall not conduct
an inspection on a motor vehicle if the vehicle is in an unsafe condition for
testing according to the following conditions. The customer shall be informed
of any such condition.
1. The vehicle shall
not have holes or detectable leaks in the exhaust system. The inspector may
check the system for leaks by listening or visually inspecting for such leaks
or by measuring carbon dioxide. The presence of leaks shall cause the vehicle
to be rejected from testing.
2. The
motor vehicle shall be evaluated for the presence of visible smoke emissions.
Those vehicles exhibiting any visible smoke emissions from the engine crankcase
or exhaust system or both, shall be rejected from testing.
3. The vehicle shall not have any mechanical
problems, such as engine, brake, or transmission problems or engine, radiator,
or transmission fluid leaks that would create a safety hazard for the
applicable test, or bias test results. Such conditions shall cause the vehicle
to be rejected from testing.
4. For
vehicles receiving a test while operating on a dynamometer, the vehicle shall
be rejected from testing if drive wheel tire tread wear indicators, tire cords,
bubbles, cuts, or other damage are visible. Such vehicles shall be rejected
from testing if space-saver spare tires are being used on a drive axle or if
they do not have reasonably sized tires on the drive axle or axles based on
dynamometer manufacturer safety criteria or if the set of tires is a mixture of
radial and bias ply. Vehicles may be rejected if they have different sized
tires on the drive axle or axles. Drive wheel tires shall be checked for
appropriate tire pressure and adjusted as necessary as recommended by the tire
or vehicle manufacturer.
5. The
vehicle shall be rejected from testing if the fuel filler cap (gas cap) is
missing.
6. The vehicle shall be
rejected from testing if a known, emissions-related, manufacturers recall has
not been satisfied according to Part XI (9VAC5-91-720
et seq.).
7. Vehicles that are
overheated shall be rejected from testing. Vehicles that indicate that an
overheated condition will be achieved during testing may be rejected from
testing at the discretion of the inspector.
8. OBD vehicles shall be rejected from
testing for any of the following:
a. The OBD
data link cannot be accessed physically or electronically.
b. The testing equipment indicates that the
OBD system is in a "not ready" status. A "not ready" status shall be indicated
by the following:
(1) For model year 1996
through 2000, three or more monitors indicate "not ready."
(2) For model year 2001 and newer, two or
more monitors indicate "not ready."
(3) For vehicles that failed the emissions
inspection for a catalytic converter related fault code, and the catalyst
monitor indicates "not ready" during a reinspection.
c. The catalyst monitor or oxygen sensor
monitor, or both, are not supported, except for models exempt by the
director.
d. The OBD system is
unable to communicate successfully with the analyzer system.
e. The OBD system indicates evidence of
tampering.
f. The director may
adjust the number of "not ready" monitors required for rejection from testing
for specific vehicle models based upon information from this program or other
state programs, vehicle manufacturers, or the EPA.
D. The emissions inspection
procedure shall be performed under the following conditions:
1. For vehicles subject to exhaust emissions
testing, the entire vehicle shall be in normal operating condition as indicated
by a temperature gauge or touch test on the radiator hose. If ASM testing is
performed, a cooling fan shall be directed at the engine cooling system if the
ambient temperature exceeds 72°F.
2. The inspection shall be performed with the
transmission in park or neutral for OBD testing or for two-speed idle testing,
or in drive (if automatic), or the appropriate gear to achieve necessary RPM
range (if manual) for ASM testing; and with all accessories off.
3. All electronic and mechanical testing
equipment shall be properly attached according to vehicle and analyzer system
manufacturer requirements and instructions.
4. For vehicles subject to exhaust emissions
testing, the analyzer probe shall be properly inserted into the exhaust system.
a. The analyzer probe shall be inserted into
the tailpipe as recommended by the gas analyzer manufacturer for a quality
sample, or at least 10 inches if not specified by the manufacturer.
b. If a baffle or screen prevents probe
insertion to an adequate depth, a suitable probe adapter or extension boot
which effectively lengthens the tail pipe must be used.
c. If the vehicle is equipped with multiple
unique exhaust outlets, a suitable analyzer system manufacturer recommended
adapter or other apparatus shall be used in order to provide a single supply of
the sample exhaust to the gas analyzer.
d. Vehicle exhaust shall be vented safely out
of the inspection area and facility.
5. If the vehicle stops running or the engine
stalls during the test it shall be started as soon as possible and, for
vehicles subject to exhaust emissions testing, shall be running for at least 30
seconds prior to the restart of the test.
6. For vehicles subject to exhaust emissions
testing, the exhaust test shall be terminated upon reaching the overall maximum
test time for the applicable test, or if CO plus CO2
concentration falls below 6.0% as determined by the analyzer system.
7. Each emissions inspection, whether initial
or retest, shall be conducted in its entirety with the exception of (i)
conditions which require that the vehicle be rejected from testing in
accordance with subsection C of this section, (ii) invalid test conditions, or
(iii) conditions beyond the emissions inspector's control that cause the test
to be aborted.
E. In
consideration of maintaining inspection integrity:
1. The temperature of the inspection area
shall be between 41°F and 110°F during the inspection. Inspection area
temperatures shall be accurately measured in a well-ventilated location away
from vehicle engine and exhaust heat sources and out of direct sunlight. The
analyzer system shall not be operated when the temperature of the inspection
area is not within the range stated above.
2. The analyzer system shall be kept in a
stable environment which affords adequate protection from the weather and local
sources of hydrocarbons or other pollutants that may interfere with gas
analyzer performance or accuracy of test results, or both.
3. The electrical supply to the analyzer
system shall be able to meet the manufacturer's requirements for voltage and
frequency stability.
4. The
inspection location shall meet all applicable zoning requirements.
5. The analyzer system shall be operated
according to quality assurance procedures and other procedures approved by the
department.
F. The
emissions inspector shall accurately identify and enter vehicle information,
visual component and visible smoke inspection results as applicable for vehicle
emissions inspection records. The data entered into the certified analyzer
system and recorded on the certificate of vehicle emissions inspection shall be
the data from the vehicle being inspected and must be obtained from that
vehicle.
G. The emissions inspector
shall perform an inspection of the emissions control systems. The inspection
shall include the following:
1. An examination
of the emissions control information decal (sticker) under the hood, reference
manual, and applications guide to determine if the vehicle, as manufactured or
certified for sale or use within the United States, should be equipped with a
catalytic converter system, air injection system, fuel evaporative emissions
control system, positive crankcase ventilation system, exhaust gas
recirculation valve, on-board diagnostic system, or thermostatic air cleaner
system, as appropriate.
2. Based on
the determinations made in subdivision 1 of this subsection, a visual
inspection for the presence and operability of the catalytic converter system
and, for vehicles subject to exhaust emissions testing, the air injection
system, fuel evaporative emissions control system, positive crankcase
ventilation system, exhaust gas recirculation system and thermostatic air
cleaner system. If any of these parts or systems are inoperable, or have been
removed or damaged, or rendered inoperable, the vehicle will not qualify for an
emissions inspection approval or waiver. If systems are missing which the
reference manual or applications guide indicates should be present, the motor
vehicle manufacturer's emissions control information provided for that vehicle
shall apply. The inspector shall enter the result of the visual inspection,
"pass," "fail," or "not applicable" as appropriate into the certified analyzer
system. The department may issue a temporary waiver because of the
unavailability of component parts listed in subdivision 2 of this subsection if
it is determined that the subject components or parts are not available
provided the following conditions have been met:
a. The owner of the vehicle obtains a signed
statement from the manufacturer's dealer or automotive parts source that
supplies parts for the vehicle model indicating the nonavailability of such
parts.
b. The statement submitted
must be on letterhead or other official form or document and signed by an
officer, owner or other responsible official of the automotive parts
source.
c. The statement must
identify the parts by description and part number and must indicate whether the
parts are not currently stocked, have been superseded by other parts, or are
out of production.
d. The
department may conduct an independent investigation to locate any such parts or
to verify the information on the statement prior to the issuance of any vehicle
inspection report. The vehicle shall be held to all applicable inspection
parameters, test type and standards or other conditions with the exception of
the emissions control components and parts that have been verified as
unavailable.
e. Any additional
requirements to repair the vehicle to meet the applicable emissions standards
or to qualify for an emissions inspection waiver under subsection M of this
section shall apply.
f. If the
department is able to determine that (i) the unavailable part, or parts, is the
only method of controlling the emissions for which the vehicle has failed an
emissions inspection or (ii) no other repairs will be effective in reducing
such emissions, the department may issue a temporary waiver notwithstanding the
provisions of subsection M of this section.
3. For OBD vehicles, an electronic inspection
of the applicable on-board diagnostic (OBD) system according to manufacturer
specifications and procedures approved by the EPA. The exhaust emissions test
may also be performed on a limited basis as specified by the department for
quality control or program evaluation purposes.
a. Emissions-related failure codes that cause
the malfunction indicator lamp to be commanded "on" provided by OBD systems of
OBD vehicles shall cause the vehicle to fail the emissions inspection. If
testing equipment or visual inspection indicates that the malfunction indicator
lamp is inoperable, the vehicle shall fail the emissions inspection. If the
testing equipment indicates that the OBD system is in a "not ready" status, the
vehicle shall be rejected from testing according to subdivision C 8 of this
section.
b. Emissions-related
failure codes that cause the malfunction indicator lamp to be commanded "on" as
provided by OBD systems of light duty diesel powered vehicles of model years
1997 and newer shall cause the vehicle to fail the inspection. In addition, if
the testing equipment or visual examination indicates that the malfunction
indicator lamp is inoperable, the vehicle shall fail the emissions inspection.
If the testing equipment indicates that the OBD system is in a "not ready"
status, the vehicle shall be rejected from testing according to subdivision C 8
of this section. The director may increase or decrease the number of "not
ready" monitors allowed based on an analysis of the program data, data from
other state's programs and the EPA.
c. The department may exempt vehicle models
or some classes of vehicles from OBD testing due to known OBD system problems
or anomalies associated with such vehicles. If exempted from OBD testing, such
vehicles shall receive the ASM or TSI test as applicable.
H. For vehicles otherwise subject
to ASM testing based on model year and weight classification, the department
may determine, due to complications identified in this or other state programs,
or consultation with vehicle manufacturers, that certain vehicle makes or
models shall be tested using the two-speed idle test in lieu of the ASM test or
using a mixture of test modes such as an ASM 2525 coupled with an idle
test.
I. For 1981 model year and
newer vehicles with a GVWR up to and including 8,500 pounds, the exhaust
emissions inspection procedure, if applicable, shall be an ASM, two-mode (ASM
5015 plus ASM 2525), loaded test, performed while the vehicle is operating on a
dynamometer. The test shall be preceded by a 30-90 second preconditioning
period, as determined by the department, using the ASM 2525 load
simulation.
J. The exhaust
emissions inspection procedure, if applicable, shall be a two-speed idle test
as specified in section (II) of Appendix B of 40 CFR Part 51, Subpart S, and
9VAC5-91-440
for the following affected motor vehicles:
1.
Vehicles with a GVWR greater than 8,500 pounds and up to and including 10,000
pounds;
2. Vehicles of model years
1980 and older;
3. Vehicles which
employ full-time four wheel drive systems;
4. Vehicles which have traction control or
anti-lock brake systems which have been determined by the manufacturer or the
department to interfere with proper ASM testing; or
5. Vehicles which have some other
configuration which has been determined by the department to interfere with
proper ASM testing.
K.
In order to obtain a vehicle registration from the Department of Motor
Vehicles, a certificate of emissions inspection shall be issued by an emissions
inspector or the department indicating that the vehicle has either passed the
emissions inspection or has received a waiver as specified in subsections L and
M of this section. A motor vehicle shall pass the emissions inspection and a
certificate of vehicle emissions inspection and a motor vehicle inspection
report indicating the vehicle has passed shall be issued if the following
conditions are met:
1. The motor vehicle
meets the applicable emissions control systems inspection
requirements.
2. For vehicles
subject to exhaust emissions testing, the vehicle emissions levels are the same
as or less than the applicable exhaust emission standards in Part III
(9VAC5-91-160
et seq.) and Part XIV (9VAC5-91-790
et seq.), as applicable; or for vehicles subject to OBD, the vehicle passes the
OBD test and exhaust emissions test, if applicable.
3. There are no visible smoke emissions from
the vehicle engine crankcase or tail pipe, or both.
L. If the vehicle fails the initial emissions
inspection, a certificate of emissions inspection and a motor vehicle
inspection report shall be issued indicating a failure, and the owner shall
have 14 days in which to have repairs or adjustments made and return the
vehicle to the emissions inspection station which performed the initial
inspection for one free reinspection.
M. A certificate of vehicle emissions
inspection waiver may be issued if all of the following conditions are met:
1. The vehicle passes the emissions control
systems inspection described by subsection G of this section if
applicable.
2. There are no visible
smoke emissions from the vehicle engine crankcase or exhaust system, or
both.
3. The vehicle continues to
exceed applicable emissions standards after emissions related repairs required
by
9VAC5-91-480
have been performed.
4. An amount
equal to or greater than the adjusted waiver cost for enhanced emissions
inspection programs specified in subsection N of this section has been spent on
emissions related repairs as specified in
9VAC5-91-480
provided that:
a. Proof that emissions
related repairs have been accomplished and costs for that specific vehicle have
been provided to the emissions inspection station in the form of an itemized
bill, invoice, paid work order, or statement in which emissions related parts
or repairs, or both, are specifically identified, and to the extent practical,
the inspector can confirm the repairs by visual examination;
b. The emissions inspector has been provided
with a properly completed emissions repair data form indicating that the repair
work was performed at a certified emissions repair facility and that the
repairs were performed by or under the supervision or approval of a certified
emissions repair technician at a certified emissions repair facility;
and
c. The repair work was
performed no earlier than 60 days prior to the initial inspection.
N. The repair cost
requirements for waiver eligibility for the enhanced emissions inspection
program shall be $450 adjusted to reflect the increase in the Consumer Price
Index (CPI) and adjusted annually thereafter, as described at
40 CFR
51.360(a)(7) and §
46.2-1181 C of the Code of Virginia.
O. A waiver shall not be issued for a vehicle
which is eligible for the emissions control systems performance warranty, under
the provisions of § 207(b) of the federal Clean Air Act. In accordance
with the provisions of § 207(b) of the federal Clean Air Act, the repair
costs necessary for compliance with emissions standards specified in Part III
(9VAC5-91-160
et seq.) and Part XIV (9VAC5-91-790
et seq.) will be borne by the vehicle manufacturer or authorized dealer
representative.
P. The analyzer
system shall generate an electronic record of the certificate of emissions
inspection and transmit the appropriate data to the department and the
emissions inspector shall make distribution of the vehicle inspection report to
the customer.
Q. The customer shall
be advised as specified below upon completion or termination of the inspection
procedure.
1. If the test is terminated prior
to completion, explain the problem with the vehicle or equipment and, if
applicable, advise of free retest and time limit.
2. If the vehicle passes or receives a
waiver, provide a motor vehicle inspection report and advise motorist of
registration requirement and process, including the process to be used in case
of interruption of the electronic data transfer system.
3. If the vehicle fails:
a. Give vehicle inspection report of failure
to customer;
b. Advise of type of
failure;
c. Advise of free retest
and time limit;
d. Advise of repair
facility information as provided by the department; and
e. Advise of waiver requirements, if
applicable.
R. In cases of complaints or disputes between
the emissions inspector or emissions inspection station and the customer, the
customer shall be advised of the location and phone number of a department
representative to be contacted to obtain assistance in resolving
disputes.
Statutory Authority: §
46.2-1180
of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
Subpart S.
