Sec. 14-164b. Definitions. For the purposes of this chapter, the following words
and terms shall be construed as follows, unless another meaning is clearly apparent from
the language or context: Sec. 14-164c. (Formerly Sec. 14-100c). Motor vehicle emissions systems. Emissions standards and inspections. Inspection facilities. Fees. Penalty. (a) No person
shall fail to maintain in good working order or remove, dismantle or otherwise cause
to be inoperative any equipment or feature constituting an operational element of the
air pollution control system or mechanism of a motor vehicle required by regulations
of the Commissioner of Environmental Protection to be maintained or on the vehicle.
Any such failure to maintain in good working order or removal, dismantling or causing
of inoperability shall subject the owner thereof to revocation of registration for such
vehicle by the Commissioner of Motor Vehicles unless all parts and equipment constituting elements of air pollution control have been made operable and in good working
order within thirty days of notice by said commissioner of such violation. Any such
failure shall be considered a failure to comply with the periodic inspection requirements
established under subsection (c) of this section. As used in this section, motor vehicle
shall have the same meaning as is provided in section 14-1. Secs. 14-164d and 14-164e. Failure to pass emissions test during inspection
system's first year of operation. Maximum expenditure required to pass emission
test. Sections 14-164d and 14-164e are repealed. Sec. 14-164f. Severable provisions. The provisions of this chapter are severable.
If any part of this chapter is declared invalid or unconstitutional, such declaration shall
not affect the part which remains. Sec. 14-164g. Review of inspection agreement by legislative committee. On or
before January 1, 1981, any inspection agreement or agreements negotiated by the commissioner shall be submitted to the clerk of the House and the clerk of the Senate for
review by a committee consisting of five members of the House, three of whom shall
be appointed by the speaker of the House of Representatives and two of whom shall be
appointed by the minority leader of the House of Representatives, and five members of
the Senate, three of whom shall be appointed by the president pro tempore of the Senate
and two of whom shall be appointed by the minority leader of the Senate. Said committee
shall, within forty-five days, approve or reject such agreement or agreements as a whole
by a majority vote of those present and voting. If rejected, such agreement or agreements
shall be returned to the commissioner for further action. Sec. 14-164h. Report to transportation committee re operation of program.
(a) The Commissioner of Motor Vehicles shall report to the joint standing committee
of the General Assembly having cognizance of matters relating to the Department of
Motor Vehicles, concerning the operation of the motor vehicle emissions inspection
program, not later than the fifteenth business day of each month. The report shall include,
but not be limited to, the following information: Compliance records, the number of
vehicles passing and failing emissions inspections, the number of vehicles receiving
waivers from compliance with emission standards, the number of vehicles inspected at
each station, any information provided by the independent contractor to the Department
of Motor Vehicles, enforcement proceedings employed against those who fail to comply
with exhaust emission standards, and any problems concerning the operation of the
program. Sec. 14-164i. Diesel-powered commercial motor vehicles emissions systems.
Inspections. Regulations. Penalties. Definitions. (a) The Commissioner of Environmental Protection, in consultation with the Commissioner of Motor Vehicles, shall review the technical information concerning testing techniques, standards and instructions
for emission control features and equipment relative to diesel-powered commercial motor vehicles, including such information available from the United States Environmental
Protection Agency and information regarding standards issued by the Society of Automotive Engineers and shall, not later than January 1, 1997, establish a standard of minimum exhaust emission for all diesel-powered commercial motor vehicles operated on
the highways of this state. In establishing such standard, the commissioner shall also
review standards in effect in other states and in regions subject to federal air quality
requirements and shall endeavor to maintain consistency with such standards. The standard shall be reviewed by the commissioner periodically and may be revised as the
commissioner deems appropriate. Not later than July 1, 1997, the Commissioner of
Motor Vehicles, in consultation with the Commissioner of Environmental Protection,
shall select a method or methods for testing the exhaust emissions of diesel-powered
commercial motor vehicles. Sec. 14-164j. Safety inspection account within Emissions Inspection Fund.
Section 14-164j is repealed, effective July 1, 1999. Sec. 14-164k. Feasibility study re implementation of variable fee structure for
inspection determined by mileage and extent of pollutants. Negotiated inspection
agreement not to prevent implementation of variable fee structure. (a) The Commissioner of Motor Vehicles, in conjunction with the Commissioner of Environmental Protection, shall conduct a study on the feasibility of implementing a variable fee structure
for the emission inspection of a motor vehicle determined by the mileage and the extent
of pollutants in the exhaust emissions of the vehicle. On or before February 1, 1993,
the Commissioner of Motor Vehicles shall report his findings and recommendations to
the joint standing committee of the General Assembly having cognizance of matters
relating to transportation.
(1) "Commissioner" means the Commissioner of Motor Vehicles.
(2) "Fleet" means a group of owned or leased motor vehicles subject to emissions
inspection pursuant to subsection (c) of section 14-164c owned or leased by one person,
firm, corporation, or governmental entity.
(3) "Fleet emissions inspection station" means an inspection station owned or leased
by the owner or operator of a fleet and licensed by the commissioner for conducting
emission inspections of fleet vehicles.
(4) "Independent contractor" means any person, business, firm, partnership, limited
liability company or corporation with whom the commissioner may enter into an
agreement providing for the leasing, construction, equipping, maintaining, staffing,
management or operation of official emissions inspection stations pursuant to this
chapter.
(5) "Official emissions inspection station" means an exhaust emissions inspection
facility, whether placed in a permanent structure or in a mobile unit for conveyance
among various locations within this state, for the purpose of conducting exhaust emissions inspections of all vehicles required to be inspected pursuant to this chapter.
(P.A. 78-335, S. 1, 6; P.A. 79-238, S. 1, 4; P.A. 80-458, S. 1, 4; P.A. 95-79, S. 40, 189; P.A. 96-167, S. 34.)
History: P.A. 79-238 made no change; P.A. 80-458 included leasing agreements in Subdiv. (4) defining "independent
contractor" and deleted exception re vehicles inspected at fleet emissions inspections stations; P.A. 95-79 redefined "independent contractor" to include a limited liability company, effective May 31, 1995; P.A. 96-167 redefined "fleet" to delete
minimum requirement of twenty-five vehicles.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The Commissioner of Environmental Protection shall consult with the Commissioner of Motor Vehicles and furnish him with technical information, including testing
techniques, standards and instructions for emission control features and equipment. The
Commissioner of Environmental Protection shall furnish the Commissioner of Motor
Vehicles with emission standards for all motor vehicles designated as a 1968 or later
model. Such standards shall be consistent with provisions of federal law, if any, relating
to control of emissions from the vehicles concerned or any regulations adopted by the
Commissioner of Environmental Protection which implement the low-emission vehicle
and clean fuels regulations adopted by the state of California, as amended. Such standards shall be periodically reviewed by the Commissioner of Environmental Protection
and revised, if necessary, to achieve the objectives of the vehicle emission inspection
program.
(c) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section. Such regulations shall include provision for a
periodic inspection of air pollution control equipment and compliance or waiver with
exhaust emission standards or compliance or waiver with on-board diagnostic standards
or other standards defined by the Commissioner of Environmental Protection and approved by the Administrator of the United States Environmental Protection Agency,
compliance or waiver with, air pollution control system integrity standards defined by
the Commissioner of Environmental Protection and compliance or waiver with purge
system standards defined by the Commissioner of Environmental Protection. Such regulations shall apply to all motor vehicles registered or which will be registered in this
state except: (1) Vehicles having a gross weight of more than ten thousand pounds; (2)
vehicles powered by electricity; (3) bicycles with motors attached; (4) motorcycles; (5)
vehicles operating with a temporary registration; (6) vehicles manufactured twenty-
five or more years ago; (7) new vehicles at the time of initial registration; (8) vehicles
registered but not designed primarily for highway use; (9) farm vehicles, as defined in
subsection (q) of section 14-49; (10) antique, rare or special interest motor vehicles, as
defined in section 14-1; (11) diesel-powered type II school buses; or (12) a vehicle
operated by a licensed dealer or repairer either to or from a location of the purchase
or sale of such vehicle or for the purpose of obtaining an official emissions or safety
inspection. Not later than October 1, 2002, such regulations shall exempt from the
periodic inspection requirement any vehicle manufactured four or less years ago, provided that such exemption shall lapse upon a finding by the Administrator of the United
States Environmental Protection Agency or by the Secretary of the United States Department of Transportation that such exemption causes the state to violate applicable federal
environmental or transportation planning requirements. Notwithstanding any provisions
of this subsection, the commissioner may require an initial emissions inspection and
compliance or waiver prior to registration of a new motor vehicle. If the Commissioner
of Environmental Protection finds that it is necessary to inspect motor vehicles which
are exempt under subdivision (1) or (4) of this subsection, or motor vehicles that are four
or less model years of age in order to achieve compliance with federal law concerning
emission reduction requirements, the Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to require the inspection of
motorcycles, designated motor vehicles having a gross weight of more than ten thousand
pounds or motor vehicles four or less model years of age.
(d) No motor vehicle shall be operated upon the highways of this state unless such
vehicle has evidence of inspection and compliance with subsection (c) of this section
in accordance with a schedule for inspection and compliance as established by the commissioner. The commissioner shall grant waivers from compliance with standards for
vehicles which fail any required inspection and require an unreasonable cost of repair
to bring the vehicle into compliance. The commissioner may determine compliance of a
vehicle that has failed an emissions retest by means of a complete physical and functional
diagnosis and inspection of the vehicle, in accordance with the provisions of 40 CFR Part
51.360, showing that no additional emissions-related repairs are needed. An extension of
time, not to exceed the period of inspection frequency, may be granted to obtain needed
repairs on a vehicle in the case of economic hardship of the owner. Only one such
extension may be granted for any vehicle. The commissioner shall design a sticker to
be affixed to the windshield of such vehicle which shall bear the date of expiration of
the assigned inspection period on both sides. As used in this section, "unreasonable cost
of repair" means cost of repair in excess of the amounts required to be expended by
Title 40, Part 51.360 of the Code of Federal Regulations, as amended.
(e) In order to provide for emissions inspection facilities, the commissioner shall
enter into a negotiated inspection agreement or agreements, notwithstanding chapters
50, 58, 59 and 60, with an independent contractor or contractors, to provide for the
leasing, construction, equipping, maintenance or operation of a system of official emissions inspection stations in such numbers and locations as may be required to provide
vehicle owners reasonably convenient access to inspection facilities. The commissioner
may employ such system and the services of such contractor or contractors to conduct
safety inspections as provided by section 14-16a, subsection (g) of section 14-12 and
section 14-103a. The commissioner is prohibited from entering into an inspection
agreement with any independent contractor who: (1) Is engaged in the business of maintaining or repairing vehicles in this state, except that the independent contractor shall
not be precluded from maintaining or repairing any vehicle owned or operated by the
independent contractor; or (2) does not have the capability, resources or technical and
management skill to adequately conduct, equip, operate and maintain a sufficient number of official emissions inspection stations. All persons employed by the independent
contractor in the performance of an inspection agreement are deemed to be employees of
the independent contractor and not of this state. The inspection agreement or agreements
authorized by this section shall be subject to other provisions as follows: (A) Minimum
requirements for staff, equipment, management and hours and place of operation of
official emissions inspection stations; (B) reports and documentation concerning the
operation of official emissions inspection stations as the commissioner may require;
(C) surveillance privileges for the commissioner to ensure compliance with standards,
procedures, rules, regulations and laws; and (D) any other provision deemed necessary
by the commissioner for the administration of the inspection agreement. Nothing in the
inspection agreement shall require the state to purchase any asset or assume any liability
if such agreement is not renewed.
(f) The commissioner may license an owner or operator of a fleet of motor vehicles
which are subject to emissions inspection pursuant to subsection (c) of this section or
section 14-164i, to establish a fleet emissions inspection station, provided that the fleet
owner or operator conforms with regulations for fleet emissions inspection stations
adopted by the commissioner which shall specify the classes or other characteristics
of vehicles eligible for inspection at such stations. The commissioner may establish a
program for the on-road testing of motor vehicles subject to this chapter. The program
shall test not less than one-half of one per cent of vehicles every inspection cycle under
conditions of highway operation in order to provide information concerning the emission
performance of such in-use vehicles. Testing may be performed by means of remote
sensing devices, or roadside pullovers followed by tailpipe emissions testing using a
suitable, portable device and recording system. Owners of vehicles that have previously
been through scheduled periodic inspection and passed, and are found by on-road testing
to be high emitters, in accordance with the standards established under subsection (b)
of this section and the regulations adopted under subsection (c) of this section, shall be
notified that their vehicles are required to pass an out-of-cycle follow-up inspection at
an inspection station. Notification may be made by mailing in the case of remote sensing
on-road testing or through immediate notification if roadside pullovers are used. The
commissioner may use the services of the independent contractor or contractors to implement the on-road testing program. If a method of roadside pullovers is used in the program, such method shall be employed with due regard to traffic safety considerations
and performed with the assistance of inspectors of the Department of Motor Vehicles
or members of state or municipal police forces.
(g) The commissioner, with approval of the Secretary of the Office of Policy and
Management, shall establish, and from time to time modify, the inspection fees, not to
exceed ten dollars per annual inspection or twenty dollars for each biennial inspection
or reinspection required pursuant to this chapter for inspections performed at official
emissions inspection stations. Such fees shall be paid in a manner prescribed by the
commissioner. If the costs to the state of the emissions inspection program, including
administrative costs and payments to any independent contractor, exceed the income
from such inspection fees, such excess costs shall be borne by the state. Any person
whose vehicle has been inspected at an official emissions inspection station shall, if such
vehicle is found not to comply with any required standards, have the vehicle repaired and
have the right within thirty consecutive calendar days to return such vehicle for one
reinspection without charge, provided, where the thirtieth day falls on any day when
the official emissions inspection station is closed for business, such person may return
such vehicle for reinspection on the next day on which such station is open for business.
The commissioner shall assess a late fee of twenty dollars for the emissions inspection
of a motor vehicle performed at an official emissions inspection station later than thirty
days after the expiration date of the assigned inspection period provided the commissioner may waive such late fee when it is proven to the commissioner's satisfaction that
the failure to have the vehicle inspected within thirty days of the assigned inspection
period was due to exigent circumstances. If ownership of the motor vehicle has been
transferred subsequent to the expiration date of the assigned inspection period and the
new owner has such motor vehicle inspected within thirty days of the registration of
such motor vehicle, the commissioner shall waive the late fee. If the thirtieth day falls
on any day when the official emissions inspection station is closed for business, such
vehicle may be inspected on the next day on which such station is open for business
and no late fee shall be assessed. The ten-dollar fee imposed pursuant to this subsection
shall terminate at the expiration of the negotiated agreement in effect on June 1, 2000.
The commissioner shall then establish a temporary inspection fee to remain in effect
until such time as the General Assembly establishes a new fee.
(h) The commissioner may acquire in the name of the state by purchase, lease,
gift, devise or otherwise any special equipment, tools, materials or facilities needed to
adequately administer, investigate or enforce the provisions of this chapter.
(i) A person shall not in any manner represent any place to be an official emissions
inspection station unless such station has been established and is operated under a valid
inspection agreement with the commissioner.
(j) No person, firm or corporation shall operate or allow to be operated any motor
vehicle that has not been inspected and found to be in compliance with the provisions
of subsections (c), (d) and (f) and the regulations adopted by the commissioner. Operation in violation of subsections (c), (d) and (f) and the regulations adopted by the commissioner shall be an infraction for each violation, except that the fine for a first violation
shall be thirty-five dollars. The commissioner may deny the issuance of registration to
the owner of a motor vehicle, or the renewal of registration to any such owner, or suspend
any registration that has been issued, if such motor vehicle is not in compliance with
the inspection requirements of this chapter.
(1969, P.A. 758, S. 25; 1971, P.A. 872, S. 30; P.A. 75-577, S. 57, 126; P.A. 78-335, S. 2, 6; P.A. 79-238, S. 2, 4; P.A.
80-458, S. 2, 4; P.A. 83-561, S. 3−5; P.A. 84-11, S. 1, 2; P.A. 85-484, S. 2−4; P.A. 90-299, S. 3; P.A. 91-123, S. 2, 3; 91-
142, S. 2; June Sp. Sess. P.A. 91-13, S. 14, 21; P.A. 92-156, S. 3, 4, 6, 7; P.A. 93-312, S. 1, 7; P.A. 94-189, S. 11; P.A.
96-167, S. 35, 36, 49; P.A. 97-82, S. 1, 2; 97-236, S. 15, 27; P.A. 98-182, S. 4, 5, 17, 22; P.A. 99-268, S. 18, 22; P.A. 00-
169, S. 22, 29−32, 36; 00-180, S. 1, 2.)
History: 1971 act replaced clean air commission with commissioner of environmental protection; P.A. 75-577 added
Subsec. (d); P.A. 78-335 included deadline for minimum exhaust emission standards in Subsec. (b), replaced Subsecs. (c)
and (d) with new provisions re compliance with standards and added Subsecs. (e) to (k) further detailing emissions inspection
program; Sec. 14-100c transferred to Sec. 14-164c in 1979; P.A. 79-238 changed deadline for required repairs in Subsec.
(a) from ten to thirty days after notice, changed deadline for standards definition in Subsec. (b) from January 1, 1980, to
November 1, 1979, and added provision re periodic review and revision, required adoption of regulations in Subsec. (c)
by November 1, 1979, revised exception to provisions by deleting vehicles with dealers or repairers plates, deleting provisions re inspection of new vehicles before delivery and exemption of new vehicles for one year and adding to exception
new vehicles at time of initial registration, vehicles not designed primarily for highway use and farm vehicles, revised
dates in Subsec. (d) and cost of repair provisions, deleted provisions re inspections by state employees and by private
service stations in Subsec. (e), deleted reference to inspection of nonfleet vehicles in Subsec. (f), increased inspection fee
from five to ten dollars in Subsec. (g), deleted Subsec. (h) re inspection fund, relettering remaining Subsecs. accordingly
and added provision in Subsec. (j) (formerly (k)) re inspections after January 1, 1982; P.A. 80-458 amended Subsec. (d)
to postpone commencement of inspection and to delete provision re voluntary inspections on limited basis, amended
Subsec. (g) to require that state absorb excess costs and revised dates in Subsec. (j); P.A. 83-561 amended Subsec. (d), (1)
making the commissioner's authority to grant waivers from compliance for vehicles which fail and require an unreasonable
cost of repair to bring into compliance mandatory rather than discretionary and (2) reducing the cost of minimum repair
requirements from a maximum of seventy dollars to a maximum of forty dollars and amended Subsec. (g), providing where
the thirtieth day of the period of free reinspection falls on a day when the inspection station is closed, the motorist may
return for reinspection on the next day the station is open; P.A. 84-11 amended Subsec. (j) by replacing provision which
had imposed a fine of not more than one hundred dollars with provision designating violation of Subsecs. (c) and (d) as
an infraction; P.A. 85-484 amended Subsec. (d), requiring commissioner to design a windshield sticker bearing expiration
date of assigned inspection period on both sides and amended Subsec. (j), requiring a fine of thirty-five dollars for a first
violation of Subsecs. (c) and (d) or regulations adopted thereunder; P.A. 90-299 amended Subsec. (g) to require commissioner to assess ten-dollar fee for late emissions inspection; P.A. 91-123 amended Subsec. (g) to permit commissioner to
waive late fee when it is proven that failure to have inspection was due to exigent circumstances; P.A. 91-142 amended
Subsec. (b) to allow emission standards to be consistent with any regulations adopted by the commissioner of environmental
protection which implement the California emission standards; June Sp. Sess. P.A. 91-13 amended Subsec. (g) to require
that income from the emissions inspections program which exceeds the administrative costs of the program be deposited
in the general fund; P.A. 92-156 amended Subsecs. (c) and (d) to provide for periodic emissions inspection, eliminating
references to "annual" inspection, and to delete obsolete provisions, amended Subsec. (g) to require ten-dollar fee to
terminate at expiration of negotiated agreement in effect on June 1, 1992, and establishment of temporary inspection fee
to be effective until general assembly establishes a new fee and amended Subsec. (j) to eliminate reference to annual
inspections and to delete obsolete phrase; P.A. 93-312 amended Subsec. (a) to specify that failure to maintain motor
vehicle air pollution control equipment shall be considered a violation of Subsec. (c), amended Subsec. (b) to broaden the
responsibility of the commissioner of environmental protection re emissions standards, amended Subsec. (c) to broaden
the responsibility of the commissioner of motor vehicles re emissions inspection regulations and to authorize regulations
re motorcycles and vehicles in excess of ten thousand pounds, amended Subsec. (d) to broaden the authority of the commissioner of motor vehicles to grant certain waivers from compliance, to provide additional authority re certain retesting and
extensions and to modify the definition of "unreasonable cost of repair", amended Subsec. (e) to authorize emissions
inspection contractors to perform safety inspections, amended Subsec. (f) to authorize a program of on-road testing,
amended Subsec. (g) to delete provisions re generation of excess fees and amended Subsec. (j) to modify the authority of
the commissioner of motor vehicles to suspend motor vehicle registrations for violations of this section, effective July 1,
1993; P.A. 94-189 amended Subsec. (e) by replacing references to chapters 51 and 51a with references to chapters 59 and
60 and inserting "or" between Subdivs. (1) and (2); P.A. 96-167 amended Subsec. (f) to delete references to "twenty-five
or more" motor vehicles "having a gross weight of more than ten thousand pounds" in description of fleet and to require
regulations re fleet emissions inspection stations to specify classes or other characteristics of vehicles eligible for inspection
at such stations, effective October 1, 1996, and amended Subsec. (g) to increase the late fee from ten to twenty dollars and
to require that fifty per cent of late fees be deposited in General Fund and remainder be deposited in Emissions Enterprise
Fund instead of all late fees deposited in General Fund, effective July 1, 1996; P.A. 97-82 amended Subsec. (c) to add to
exception antique, rare or special interest motor vehicles, effective May 29, 1997; P.A. 97-236 amended Subsec. (c) to
add to exception diesel-powered type II school buses, effective June 24, 1997; P.A. 98-182 amended Subdiv. (6) of Subsec.
(c) by replacing "vehicles manufactured before the 1968 model year" with "vehicles manufactured twenty-five or more
years ago", further amended Subsec. (c) to add Subdiv. (12) exempting a vehicle from emissions inspection and compliance
or waivers which is operated by a dealer or repairer either to or from a location of purchase or sale, or obtaining an emissions
or safety inspection, and amended Subsec. (g) by adding Subdiv. (12) re the waiver of late fee for a motor vehicle which
has been transferred to a new owner subsequent to the expiration date of the assigned inspection period and has been tested
within thirty days of the transfer of ownership, effective July 1, 1998; P.A. 99-268 amended Subsec. (f) by allowing the
commissioner to license an owner or operator of a fleet of motor vehicles, which are subject to emissions inspection pursuant
to Sec. 14-164i, to establish a fleet emissions inspection station, and amended Subsec. (g) to require the commissioner to
waive a late fee if a motor vehicle has been inspected within thirty days of registration in lieu of within thirty days of
transfer of ownership, and to make a technical change re gender neutrality; P.A. 00-169 amended Subsec. (d) by deleting
references to and the definition of a transient emissions test or retest and Subsec. (e) by adding Ch. 58 to the list of chapters
at the beginning of the Subsec., by deleting Subdiv. (A) re contracts for performance of inspections for a minimum term
of five years and relettering Subdivs. (B) to (E), inclusive, as (A) to (D), inclusive, effective October 1, 2000, amended
Subsec. (g) by restating inspection fees, by deleting a provision that required the deposit of fifty per cent of late fees to the
General Fund and fifty per cent to the Emissions Enterprise Fund and by changing the reference to the negotiated agreement
from the agreement in effect on June 1, 1992, to the agreement in effect on June 1, 2000, effective June 1, 2000, amended
Subsec. (j) by adding authority for the commissioner to deny issuance of a registration or renewal of a registration to the
owner of a motor vehicle if such vehicle is not in compliance with the inspection requirements of this chapter, effective
October 1, 2000, and revised effective date of P.A. 99-268 but without affecting this section; P.A. 00-180 amended Subsec.
(c) by replacing the term "emissions inspection" with "inspection of air pollution control equipment" and requiring, not
later that October 1, 2002, that regulations exempt any vehicle manufactured four or less years ago and amended Subsec.
(g) to require fees to be paid in a manner prescribed by the commissioner.
See Secs. 22a-174, 22a-177 re Environmental Protection Commissioner's regulatory powers with respect to air pollution control.
See chapter 881b re infractions of the law.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 78-335, S. 3, 4, 6; P.A. 79-238, S. 3, 4; P.A. 82-460, S. 10.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 78-335, S. 5, 6.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 80-458, S. 3, 4.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The Commissioner of Environmental Protection shall report to said committee
concerning (1) emissions reductions resulting from the operation of the inspection program, not later than the fifteenth business day of January, April, July and October,
annually, and (2) air quality in the state, not later than the first day of September, annually.
(P.A. 83-561, S. 1, 5.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Not later than October 1, 1997, the Commissioner of Motor Vehicles shall provide for the commencement of emissions inspections of diesel-powered commercial
motor vehicles operated on the highways of this state using the method or methods
selected by the commissioner under subsection (a) of this section. Such inspections shall
be performed in conjunction with any safety or weight inspection at any official weighing
area or other location designated by the commissioner. In lieu of any such inspection
performed by the commissioner, the commissioner may accept the results of an inspection performed (1) by agreement with an owner or operator of a fleet of diesel-powered
commercial motor vehicles licensed by the commissioner pursuant to subsection (f) of
section 14-164c, or (2) by any licensed motor vehicle dealer or repairer authorized by
the commissioner, pursuant to this section, to establish a diesel-powered commercial
motor vehicle inspection station. The Commissioner of Motor Vehicles shall design a
sticker to be affixed to the windshield of a diesel-powered commercial motor vehicle
which shall bear the date of inspection.
(c) Any person, as defined in subsection (g) of section 14-164i, whose vehicle fails
to pass an inspection under subsection (b) of this section shall have the vehicle repaired
and, within forty-five consecutive calendar days, present proof of emissions-related
repairs of such vehicle in such form as the commissioner shall require. The commissioner
shall issue a two-year intrastate waiver from compliance with emissions standards to
any such vehicle failing to meet such standards but complying with the minimum repair
requirements. For purposes of this section, the minimum repair requirements for diesel-
powered commercial motor vehicles shall be the expenditure of one thousand dollars
towards emissions-related repairs of such vehicle. The Commissioner of Motor Vehicles
shall suspend the commercial registration, issued pursuant to the provisions of this chapter, of any vehicle for which no proof of emissions-related repairs has been submitted
within such forty-five-day period.
(d) When a diesel-powered commercial motor vehicle fails to stop and submit to
an emissions inspection performed in conjunction with any safety or weight inspection
at any official weighing area or other location designated by the commissioner, or fails
to comply with any provision of this section, the commissioner shall (1) suspend the
registration privilege to operate the vehicle on the highways of the state, and (2) notify
the jurisdiction in which the vehicle is registered and request said jurisdiction to suspend
the registration of the vehicle.
(e) The Commissioner of Motor Vehicles shall adopt regulations in accordance with
the provisions of chapter 54 to implement the provisions of this section.
(f) No diesel-powered commercial motor vehicle shall be operated on the highways
of this state unless such vehicle complies with the provisions of this section and the
regulations adopted by the commissioner. Any person who operates or permits the operation of any such vehicle in violation of the provisions of this section or the regulations
adopted by the commissioner shall be fined not more than two hundred dollars for a
first violation and not more than five hundred dollars for a second or subsequent violation
committed within one year after a previous violation.
(g) For the purposes of this section, (1) "commercial motor vehicle" shall not be
construed to include a school bus, and (2) "person" shall mean the person holding title
to the vehicle or having legal right to register the same, including a purchaser under a
conditional bill of sale and a lessee for a term of more than thirty days.
(P.A. 91-384; P.A. 93-341, S. 35, 38; P.A. 95-260, S. 20, 24; P.A. 96-167, S. 41; P.A. 97-236, S. 16, 27; P.A. 99-268,
S. 21, 46; P.A. 00-169, S. 13, 14, 22.)
History: P.A. 93-341 amended Subsec. (a) to delete obsolete July 1, 1992, deadline for the commissioner's review
of technical information and obsolete provision re environmental protection commissioner's report of his findings and
recommendations, amended Subsec. (b) to change July 1, 1993, deadline for commencement of inspections to January 1,
1995, deleting language which limited the inspections to diesel-powered commercial vehicles required to be weighed
pursuant to Sec. 14-267a and making the section applicable to any diesel-powered commercial vehicle registered in the
state or having a base registration in the state pursuant to the provisions of Sec. 14-34a and adding new language regarding
inspection stations, stickers and a fee, amended Subsec. (c) by deleting language regarding the commissioner's option of
notifying the jurisdiction in which a vehicle is registered regarding any failure to return a vehicle for reinspection, amended
Subsec. (d) to require adoption of regulations by January 1, 1995, rather than July 1, 1993, deleted Subsec. (e) re reports
to general assembly concerning commercial vehicle emission inspections program and submitted new language regarding
a program for on-road tests of diesel-powered commercial vehicles not registered in this state, effective July 1, 1993; P.A.
95-260 amended Subsec. (b) to postpone commencement of emissions inspections from January 1, 1995, to October 1,
1996, effective July 1, 1995; P.A. 96-167 (1) amended Subsec. (a) to require review of information available from U.S.
Environmental Protection Agency and information re standards issued by Society of Automotive Engineers and to require
Environmental Protection Commissioner, not later than January 1, 1997, to establish standard of minimum exhaust emission
for all vehicles operated on the highways of this state, to review standards in effect in other states and maintain consistency
with such standards and to review standard periodically and revise as he deems appropriate, to require that Commissioner
of Motor Vehicles select a method for testing exhaust emissions of diesel-powered commercial motor vehicles by July 1,
1997, and to delete reference to vehicles "designated as a 1985 or later model"; (2) amended Subsec. (b) to make a technical
change, to substitute October 1, 1997, for October 1, 1996, to require Commissioner of Motor Vehicles to provide for
commencement of inspections of vehicles operated on highways of this state using method selected by commissioner, to
require inspections to be performed in conjunction with any safety or weight inspection at any official weighing area or
other location designated by commissioner and to delete requirements that (A) vehicles are registered in the state or have
a base registration in state pursuant to Sec. 14-34a, (B) commissioner establish a schedule for periodic inspection, (C) as
specified in Subdivs. (1) to (3), inclusive, and (D) commissioner establish a fee for each inspection; (3) amended Subsec.
(c) to delete definition of "person" for purposes of subsection and insert said definition in Subsec. (g); (4) deleted former
Subsec. (d) re regulations and inserted said provisions in Subsec. (e) and inserted in Subsec. (d) provisions of former
Subsec. (e), eliminating authority of commissioner to establish a program for conducting on-road tests of vehicles not
registered in this state and making technical changes; (5) added Subsec. (f), prohibiting operation on highways of this state
unless vehicle complies with provisions of this section and regulations and imposing penalties for operation in violation
of said provisions or regulations; and (6) added Subsec. (g), defining "person" for purposes of section; P.A. 97-236 amended
Subsec. (g) to divide the subsection into two subdivisions, inserting in Subdiv. (1) language providing that "commercial
motor vehicle" shall not be construed to include a school bus, effective June 24, 1997; P.A. 99-268 amended Subsec. (b)
by allowing the commissioner to accept results of inspections performed by an owner or operator of a fleet of diesel-
powered commercial motor vehicles or an authorized dealer or repairer and requiring a windshield sticker with the date
of the inspection, amended Subsec. (c) by requiring an owner of a vehicle which fails to pass an inspection under Subsec.
(b) to have the vehicle repaired and to present proof of emissions-related repairs, by allowing the commissioner to issue
a two-year intrastate waiver from compliance with emissions standards to a vehicle failing to meet such standards but
complying with minimum repair requirements, by defining minimum repair requirements as the expenditure of one thousand
dollars and by requiring the commissioner to suspend the registration of a vehicle for which proof of emission-related
repairs is not submitted, amended Subsec. (d) by deleting provisions re use of independent contractor and repair and
reinspection requirements and by requiring the commissioner to suspend registration privileges when a diesel-powered
commercial motor vehicle fails to stop and submit to an emissions inspection performed with a safety or weight inspection,
and amended Subsec. (f) by limiting the fine of five hundred dollars to apply only to a second or subsequent offense
"committed within one year after a previous violation", effective dates of both July 1, 1999, and October 1, 1999, are stated
in the public act (Revisor's note: It appears that since section 46, the effective date section, of P.A. 99-268 contains a
specific reference to section 21 taking effect on July 1, 1999, that is the effective date of this section, notwithstanding the
subsequent general reference to sections "15 to 30, inclusive" taking effect on October 1, 1999); P.A. 00-169 revised
effective date of P.A. 99-268, S. 21 to July 1, 1999, amended Subsec. (c) to replace "the owner" with "any person, as
defined in subsection (g) of section 14-164i" and amended Subsec. (g) by replacing "purchasers under conditional bills
of sale" with "a purchaser under a conditional bill of sale and a lessee for a term of more than thirty days."
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(P.A. 91-355, S. 4; P.A. 94-189, S. 12; P.A. 99-287, S. 8, 9.)
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(b) The Commissioner of Motor Vehicles shall not enter into a negotiated inspection
agreement or agreements to provide for the emission inspection of a motor vehicle which
would prevent the implementation of a variable fee structure determined by the mileage
and the extent of pollutants in the exhaust emissions of the vehicle.
(P.A. 92-156, S. 5, 7.)
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