Current through August 26, 2024
(1) APPLICABILITY.
This section applies to any motor vehicle which is subject to an air pollution
control equipment inspection under s.
110.20(6) (b), Stats., or which is inspected for
tampering of air pollution control equipment.
(2) RECORDS AND COMPLIANCE. DOT or its
designee shall maintain a record of vehicles failing the tampering inspection
conducted under either s.
110.20(6) (b), Stats., or any other enforcement
mechanism. DOT may not register or renew registration of a failed vehicle until
evidence of repair, replacement or restoration of the failed or missing parts
is provided to DOT or its designee, and DOT or its designee reinspects the
vehicle for the failed or missing parts.
(3) FULL TAMPERING INSPECTION PROCEDURE.
(a) Full tampering inspections shall consist
of a visual check for the presence and proper connection of the following air
pollution control equipment: the positive crankcase ventilation (PCV) valve and
connections; the evaporative emissions control canister; the exhaust system
catalytic converter and oxygen sensor; the exhaust gas recirculation (EGR)
assembly; the air pump, belts and hoses or the air injector assembly; the fuel
inlet restricter; a properly seated gas tank fill cap; and the thermostatic air
cleaner/filter assembly. A vehicle shall fail the tampering inspection if this
check indicates any evidence of tampering.
(b) Full tampering inspections shall also
include a visual check of the status and operation of any emission service
indicator light which has been installed on the motor vehicle by the
manufacturer prior to sale. A vehicle shall fail the tampering inspection if
the status of this light indicates an emission malfunction or if the light is
not operational.
(c) Full tampering
inspections may also include a test for the presence of lead deposits in the
tailpipe if the vehicle is required to use unleaded gasoline. Evidence of the
use of leaded fuel in vehicles requiring the use of unleaded fuel as shown by
the presence of lead in the tailpipe, the presence of leaded fuel in the gas
tank or evidence of current or previous tampering with the fuel inlet
restricter shall constitute tampering with the catalytic converter and the
exhaust oxygen sensor if the vehicle originally had that equipment. When
evidence of fuel inlet tampering is found, and a tailpipe lead test indicates
the absence of lead deposits, DOT or its designee may waive the requirement to
repair, replace or restore the catalytic converter and oxygen sensor equipment
if the following conditions are met:
1. A full
tampering inspection of the vehicle indicates no additional
tampering.
2. The owner of the
vehicle provides evidence to DOT or its designee that the catalytic converter
and oxygen sensor were replaced subsequent to April 1, 1988, or the owner
provides evidence to DOT or its designee that a previously tampered with but
partially restored and functional fuel inlet restricter was installed in the
vehicle prior to or concurrently with the replacement of the catalytic
converter and oxygen sensor, or DOT or its designee determines that the
particular vehicle model is on a list of vehicle models that chronically fail
the fuel inlet restricter test due to improper new vehicle equipment design,
improper new vehicle equipment installation or normal extended wear.
(4) SUBSTITUTE
PROCEDURE. Upon written department approval granted to DOT, a partial tampering
inspection procedure may be substituted for the full inspection procedure in
sub. (3), provided that use of the substitute procedure maintains the
inspection program effectiveness in terms of adequate pollution reduction and
adequate identification and repair of tampered and misfueled vehicles and
improperly maintained emission control equipment.
(5) PROCEDURE REVIEW. The department shall
review the tampering inspection procedure in effect prior to each DOT
inspection contract or contract extension. Upon such review, the department may
withdraw or alter any substitute procedure approved under sub. (4).
