GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH70234-MA-333A*  (03/10)

Short Title:        Motor Vehicle Inspection Program Changes.		(Public)
Sponsors:	Representative Cole.
Referred to:

A BILL TO BE ENTITLED

AN ACT to allow the division to refuse to register a vehicle if the VEHICLE is not in compliance with the inspections REQUIREments, to create a ten‑day window for inspecting new and used VEHICLES registered in this state, to require proof of FINANCIAL responsibility for a three‑day trip permit, and to make technical changes to the inspection program statutes.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑54(6) reads as rewritten:

"(6)      The vehicle is not in compliance with the emissions inspection requirements of Part 2 of Article 3A of this Chapter or a civil penalty assessed as a result of the failure of the vehicle to comply with that Part has not been paid."

SECTION 2.  G.S. 20‑183.4C reads as rewritten:

"§ 20‑183.4C.  When a vehicle must be inspected; three‑day trip permit.

(a)        Inspection. – A vehicle that is subject to a safety inspection, an emissions inspection, or both must be inspected as follows:

(1)        A new vehicle must be inspected before it is sold at retail in this State. Upon purchase, a receipt approved by the Division must be provided to the new owner certifying compliance.

(1a)      A new motor vehicle dealer who is also licensed pursuant to this Article may, notwithstanding subdivision (1) of this section, examine the safety and emissions control devices on a new motor vehicle and perform such services necessary to ensure the motor vehicle conforms to the required specifications established by the manufacturer and contained in its predelivery check list. The completion of the predelivery inspection procedure required or recommended by the manufacturer on a new motor vehicle shall constitute the inspection required by subdivision (1) of this section. For the purposes of this subdivision, the date of inspection shall be deemed to be the date of the sale of the motor vehicle to a purchaser.

(2)        A used vehicle must be inspected before it is offered for sale at retail in this State by a dealer. Upon purchase, a receipt approved by the Division must be provided to the new owner certifying compliance.

(3)        Repealed by Session Law 2007‑503, s. 5, effective October 1, 2008.

(4)        A new or used vehicle acquired by a resident of this State from outside the State must be inspected before within 10 days after the vehicle is registered with the Division.

(5)        A vehicle owned by a new resident of this State who transfers the registration of the vehicle from the resident's former home state to this State must be inspected before within 10 days after the vehicle is registered with the Division.

(5a)      Repealed by Session Law 2007‑503, s. 5, effective October 1, 2008.

(6)        A vehicle that has been inspected in accordance with this Part must be inspected by the last day of the month in which the registration on the vehicle expires.

(7)        A vehicle that is required to be inspected in accordance with this Part may be inspected 90 days prior to midnight of the last day of the month as designated by the vehicle registration sticker.

(8)        A new or used vehicle acquired from a retailer in this State and registered with the Division with a new registration or a transferred registration must be inspected in accordance with this Part when the current registration expires.

(9)        A used vehicle acquired from a private sale in this State must be inspected in accordance with this Part before the vehicle is registered with the Division unless it has received a passing inspection within the previous 12 months.

(10)      An unregistered vehicle must be inspected before the vehicle is registered with the Division unless it has received a passing inspection within the previous 12 months.

(11)      A person who owns a vehicle located outside of this State when its emissions inspection becomes due may obtain an emissions inspection in the jurisdiction where the vehicle is located, in lieu of a North Carolina emissions inspection, as long as the inspection meets the requirements of 40 C.F.R. § 51.

(b)        Permit. – The Division may issue a three‑day trip permit to a person that authorizes the person to drive an insureda vehicle whose inspection authorization or registration has expired. The permit may only be issued when the person has furnished proof of financial responsibility. The permit must describe the vehicle whose inspection authorization or registration has expired. The permit authorizes the person to drive the described vehicle only from the place the vehicle is parked to an inspection station, repair shop, or Division or contract agent registration office.

The Division may issue a 10‑day temporary permit to a person that authorizes the person to drive a vehicle that failed to pass the emissions inspection. The permit must describe the vehicle that failed to pass inspection and the date that it failed to pass inspection.

(c) Exemption. – The Division may issue a temporary exemption from the inspection requirements of this Article for any vehicle that has been determined by the Division to be principally garaged and primarily operated outside a county subject to emissions inspection requirements, or if subject to a safety inspection, outside this State, when no comparable inspection program is available. Vehicles exempted from the inspection requirements of this Article shall be inspected within 30 days of returning to the county subject to emissions inspection requirements or, if subject to a safety inspection, this State."

SECTION 3.  G.S. 20‑183.7 reads as rewritten:

"§ 20‑183.7.  Fees for performing an inspection and issuing an electronic inspection authorization to a vehicle; use of civil penalties.

(a)        (Effective until January 1, 2009) Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an electronic inspection authorization, the fee must be collected. The following fees apply to an inspection of a vehicle and the issuance of an electronic inspection authorization:

Type Inspection Authorization

Safety Only                                                                       $ 12.75                  $0.85

Emissions and Safety                                                           23.75                    6.25.

The fee for performing an inspection of a vehicle applies when an inspection is performed, regardless of whether the vehicle passes the inspection. The fee for an electronic inspection authorization applies when an electronic inspection authorization is issued to a vehicle. The fee for inspecting after‑factory tinted windows shall be ten dollars ($10.00), and the fee applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after‑factory tint. A safety inspection mechanic shall not inspect an after‑factory tinted window of a vehicle for which the Division has issued a medical exception permit pursuant to G.S. 20‑127(f).

A vehicle that is inspected at an inspection station and fails the inspection is entitled to be reinspected at the same station at any time within 30 days of the failed inspection without paying another inspection fee.

The inspection fee for an emissions and safety inspection set out in this subsection is the maximum amount that an inspection station or an inspection mechanic may charge for an emissions and safety inspection of a vehicle. An inspection station or an inspection mechanic may charge the maximum amount or any lesser amount for an emissions and safety inspection of a vehicle. The inspection fee for a safety only inspection set out in this subsection may not be increased or decreased. The authorization fees set out in this subsection may not be increased or decreased.

(a)        (Effective January 1, 2009) Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an electronic inspection authorization, the fee must be collected. The following fees apply to an inspection of a vehicle and the issuance of an electronic inspection authorization:

Type Inspection Authorization

Safety Only                                                                       $ 12.75                  $0.85

Emissions and Safety                                                           23.50                    6.50.

The fee for performing an inspection of a vehicle applies when an inspection is performed, regardless of whether the vehicle passes the inspection. The fee for an electronic inspection authorization applies when an electronic inspection authorization is issued to a vehicle. The fee for an inspection sticker does not apply to a replacement inspection sticker for use on a windshield replaced by a business registered with the Division pursuant to G.S. 20‑183.6. The fee for inspecting after‑factory tinted windows shall be ten dollars ($10.00), and the fee applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after‑factory tint. A safety inspection mechanic shall not inspect an after‑factory tinted window of a vehicle for which the Division has issued a medical exception permit pursuant to G.S. 20‑127(f).

A vehicle that is inspected at an inspection station and fails the inspection is entitled to be reinspected at the same station at any time within 60 days of the failed inspection without paying another inspection fee.

The inspection fee for an emissions and safety inspection set out in this subsection is the maximum amount that an inspection station or an inspection mechanic may charge for an emissions and safety inspection of a vehicle. An inspection station or an inspection mechanic may charge the maximum amount or any lesser amount for an emissions and safety inspection of a vehicle. The inspection fee for a safety only inspection set out in this subsection may not be increased or decreased. The authorization fees set out in this subsection may not be increased or decreased.

(b)        Self‑Inspector. – The fee for an inspection does not apply to an inspection performed by a self‑inspector. The fee for issuing an electronic inspection authorization to a vehicle applies to an inspection performed by a self‑inspector.

(c)        Fee Distribution. – Fees collected for electronic inspection authorizations are payable to the Division of Motor Vehicles. The amount of each fee listed in the table below shall be credited to the Highway Fund, the Emissions Inspection Program Account established in subsection (d) of this section, the Telecommunications Account established in subsection (d1) of this section, the Volunteer Rescue/EMS Fund established in G.S. 58‑87‑5, the Rescue Squad Workers' Relief Fund established in G.S. 58‑88‑5, and the Division of Air Quality of the Department of Environment and Natural Resources:

Recipient Safety Only Emissions and

Electronic Safety

Authorization Electronic Authorization

Highway Fund                                                                                     .55                           .55

Emissions Program Account                                                                .00                         3.00

Telecommunications Account                                                               .00                         1.75

Volunteer Rescue/EMS Fund                                                              .18                           .18

Rescue Squad Workers' Relief Fund                                                    .12                           .12

Division of Air Quality                                                                         .00                           .65.

(d)        Emissions Inspection Program Account. – The Emissions Inspection Program Account is created as a nonreverting account within the Highway Fund. The Division shall administer the Account. Revenue in the Account may be used only to fund the vehicle emissions inspection and maintenance program.

(d1)      Telecommunications Account. – The Telecommunications Account is created as a nonreverting account within the Highway Fund. The Division shall administer the Account. Revenue in the Account may be used only to provide equipment and telecommunications services associated with the vehicle safety and emissions inspection and maintenance program.

(d2)      Repealed by Session Law 2001‑504, s. 3, effective July 1, 2007.

(e)        Civil Penalties. – Civil penalties collected under this Part shall be credited to the Highway Fund as nontax revenue.

(f)         Inspection Stations Required to Post Fee Information. – The Division shall approve the form and style of one or more standard signs to be used to display the information required by this subsection. The Division shall require that one or more of the standard signs be conspicuously posted at each inspection station in a manner reasonably calculated to make the information on the sign readily available to each person who presents a motor vehicle to the station for inspection. The sign shall include the following information:

(1)        The maximum and minimum amounts of the inspection fee authorized by this section.

(2)        The amount of the inspection fee charged by the inspection station and a statement that clearly indicates that the amount of the inspection fee is determined by the inspection station, that the inspection fee is retained by the inspection station to compensate the station for performing the inspection, and that the inspection fee is not paid to the State.

(3)        The amount of the electronic inspection authorization fee, if the motor vehicle passes the inspection, a statement that the electronic inspection authorization fee is paid to the State, and a brief summary of the purposes for which the electronic inspection authorization fee is collected.

(4)        The total fee to be charged if the motor vehicle passes the inspection.

(5)        A statement that a vehicle that fails an inspection may be reinspected at the same station within 30 days of the inspection without payment of another inspection fee.

(g)        Information on Receipt. – The information set out in subdivisions (1) through (5) of subsection (f) of this section shall be set out in not smaller than 12 point type and shall be shown graphically in the form of a pie chart on the inspection receipt.

(h)        Subsections (f) and (g) of this section apply only to inspection stations that perform both emissions and safety inspections."

SECTION 4.  G.S. 20‑183.8A reads as rewritten:

"§ 20‑183.8A.  Civil penalties against motorists for emissions violations; waiver.

(a)        Civil Penalties. – The Division must assess a civil penalty against a person who owns or leases a vehicle that is subject to an emissions inspection and who engages in any of the emissions violations set out in this subsection. As provided in G.S. 20‑54, the registration of a vehicle may not be renewed until a penalty imposed under this subsection has been paid. The civil penalties and violations are as follows:

(1)        Fifty dollars ($50.00) for failure to have the vehicle inspected within four months after it is required to be inspected under this Part.

(2)        Two hundred fifty dollars ($250.00) for instructing or allowing a person to tamper with an emission control device of the vehicle so as to make the device inoperative or fail to work properly.

(3)        Two hundred fifty dollars ($250.00) for incorrectly stating the vehicle's county of registration to avoid having an emissions inspection of the vehicle.

(b)        Waiver. – The Division must waive the civil penalty assessed under subdivision (a)(1) of this section against a person who establishes the following:

(1)        The person was continuously out of the State on active military duty from the date the inspection stickerelectronic authorization expired to the date the four‑month grace period expired.

(2)        No person operated the vehicle from the date the inspection stickerelectronic authorization expired to the date the four‑month grace period expired.

(3)        The person obtained a current inspection stickerelectronic authorization within 30 days after returning to the State."

SECTION 5.  Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20‑183.8H.  Penalties for violation of rules promulgated by the Division for the inspection program.

Unless a different penalty is prescribed by law, a violation of any rule promulgated by the Division to implement the inspection program established by Article 3A of Chapter 20 of the General Statutes by any person shall be a Class 3 misdemeanor."

SECTION 6.  Section 5 of this act becomes effective December 1, 2009, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law.