GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-503
HOUSE BILL 679
AN ACT to change article 3A of Chapter 20, safety and emissions inspection programs, to allow for electronic inspection processes and authorization.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-66 reads as rewritten:
"§ 20-66. Renewal of vehicle registration.
(a) Annual Renewal. - The registration of a vehicle must be renewed annually. To renew the registration of a vehicle, the owner of the vehicle must file an application with the Division and pay the required registration fee. The Division may receive and grant an application for renewal of registration at any time before the registration expires.
(b) Method of Renewal. - When the Division renews the registration of a vehicle, it must issue a new registration card for the vehicle and either a new registration plate or a registration renewal sticker. The Division may renew a registration plate for any type of vehicle by means of a renewal sticker.
(b1) Repealed by Session Laws 1993, c. 467, s. 2.
(c) Renewal Stickers. - A registration renewal sticker issued by the Division must be displayed on the registration plate that it renews in the place prescribed by the Commissioner and must indicate the period for which it and the registration plate on which it is displayed are valid. Except where physical differences between a registration renewal sticker and a registration plate render a provision of this Chapter inapplicable, the provisions of this Chapter relating to registration plates apply to registration renewal stickers.
(d), (e) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, § 5.
(f) Repealed by Session Laws 1993, c. 467, s. 2.
(g) When Renewal Sticker Expires. - The registration of a vehicle that is renewed by means of a registration renewal sticker expires at midnight on the last day of the month designated on the sticker. It is lawful, however, to operate the vehicle on a highway until midnight on the fifteenth day of the month following the month in which the sticker expired.
The Division may vary the expiration dates of registration renewal stickers issued for a type of vehicle so that an approximately equal number expires at the end of each month, quarter, or other period consisting of one or more months. When the Division implements registration renewal for a type of vehicle by means of a renewal sticker, it may issue a registration renewal sticker that expires at the end of any monthly interval.
(h) Repealed by Session Laws 2004-167, s. 3, as amended by Session Laws 2004-199, s. 59, effective January 1, 2006.
(i) Property Tax Consolidation. - When the Division receives an application under subsection (a) for the renewal of registration before the current registration expires, the Division shall grant the application if it is made for the purpose of consolidating the property taxes payable by the applicant on classified motor vehicles, as defined in G.S. 105-330. The registration fee for a motor vehicle whose registration cycle is changed under this subsection shall be reduced by a prorated amount. The prorated amount is one-twelfth of the registration fee in effect when the motor vehicle's registration was last renewed multiplied by the number of full months remaining in the motor vehicle's current registration cycle, rounded to the nearest multiple of twenty-five cents (25¢).
(j) Inspection Prior to Renewal of Registration. - The Division shall not renew the registration of a vehicle unless it has a current safety or emissions inspection.
(k) Return of Registration Plates Upon Expiration. - Registration plates that are not renewed shall be surrendered to the Division within 120 days of expiration."
SECTION 2. G.S. 20-183.2(c) reads as rewritten:
"(c) Definitions. - The following definitions apply in this Part:
(1) Electronic inspection authorization. - An inspection authorization that is generated electronically through the electronic accounting system that creates a unique nonduplicating authorization number assigned to the vehicle's inspection receipt upon successful passage of an inspection. The term 'electronic inspection authorization' shall include the term 'inspection sticker' during the transition period to use of electronic inspection authorizations.
(1)(2) Emissions county. - A county listed
in G.S. 143-215.107A(c) or designated by the Environmental Management
Commission pursuant to G.S. 143-215.107A(d) and certified to the Commissioner
of Motor Vehicles as a county in which the implementation of a motor vehicle
emissions inspection program will improve ambient air quality.
(2)(3) Federal installation. - An
installation that is owned by, leased to, or otherwise regularly used as the
place of business of a federal agency."
SECTION 3. G.S. 20-183.4 reads as rewritten:
"§ 20-183.4. License required to perform safety inspection; qualifications for license.
(a) License Required. - A safety inspection must be performed by one of the following methods:
(1) At a station that has a safety inspection station license issued by the Division and by a mechanic who is employed by the station and has a safety inspection mechanic license issued by the Division.
(2) At a place of business of a person who has a safety self-inspector license issued by the Division and by an individual who has a safety inspection mechanic license issued by the Division.
(b) Station Qualifications. - An applicant for a license as a safety inspection station must meet all of the following requirements:
(1) Have a place of business that has adequate facilities, space, and equipment to conduct a safety inspection. A place of business designated in a station license that has been suspended or revoked cannot be the designated place for any other license applicant during the period of the suspension or revocation, unless the Division finds that operation of the place of business as an inspection station during this period by the license applicant would not defeat the purpose of the suspension or revocation because the license applicant has no connection with the person whose license was suspended or revoked or because of another reason. A finding made by the Division under this subdivision must be set out in a written statement that includes the finding and the reason for the finding.
(2) Regularly employ at least one mechanic who has a safety inspection mechanic license.
(3) Designate the individual who will be responsible for the day-to-day operation of the station. The individual designated must be of good character and have a reputation for honesty.
(4) Have equipment and software to transfer information on safety inspections to the Division by electronic means. During the initial implementation of the electronic inspection process, the vendor selected by the Division shall provide the equipment and software at no cost to a station that holds a license on October 1, 2008.
(c) Mechanic Qualifications. - An applicant for a license as a safety inspection mechanic must meet all of the following requirements:
(1) Have successfully
completed an eight-hour course approved by the Division that teaches students
about the safety equipment a motor vehicle is required to have to pass a safety
inspection and how to conduct a safety inspection.inspection using
equipment to electronically transmit the vehicle information and inspection
results.
(2) Have a drivers license.
(3) Be of good character and have a reputation for honesty.
(d) Self-Inspector Qualifications. - An applicant for a license as a safety self-inspector must meet all of the following requirements:
(1) Operate a fleet of at least 10 vehicles that are subject to a safety inspection.
(2) Regularly employ or contract with an individual who has a safety inspection mechanic license and who will perform a safety inspection on the vehicles that are part of the self-inspector's fleet."
SECTION 4. G.S. 20-183.4A reads as rewritten:
"§ 20-183.4A. License required to perform emissions inspection; qualifications for license.
(a) License Required. - An emissions inspection must be performed by one of the following methods:
(1) At a station that has an emissions inspection station license issued by the Division and by a mechanic who is employed by the station and has an emissions inspection mechanic license issued by the Division.
(2) At a place of business of a person who has an emissions self-inspector license issued by the Division and by an individual who has an emissions inspection mechanic license.
(b) Station Qualifications. - An applicant for a license as an emissions inspection station must meet all of the following requirements:
(1) Have a license as a safety inspection station.
(2) Repealed by Laws 2000-134, s. 15, effective January 1, 2006.
(2a) Have equipment to analyze data provided by the on-board diagnostic (OBD) equipment approved by the Environmental Management Commission.
(3) Have equipment and software to transfer information on emissions inspections to the Division by electronic means. During the initial implementation of the electronic inspection process, the vendor selected by the Division shall provide the software at no cost to a station that holds a license on October 1, 2008.
(4) Regularly employ at least one mechanic who has an emissions inspection mechanic license.
(c) Mechanic Qualifications. - An applicant for a license as an emissions inspection mechanic must meet all of the following requirements:
(1) Have a license as a safety inspection mechanic.
(2) Repealed by Laws 2000-134, s. 15, effective January 1, 2006.
(2a) Have successfully completed an eight-hour course approved by the Division that teaches students about the causes and effects of the air pollution problem, the purpose of the emissions inspection program, the vehicle emission standards established by the United States Environmental Protection Agency, the emission control devices on vehicles, how to conduct an emissions inspection using equipment to analyze data provided by the on-board diagnostic (OBD) equipment approved by the Environmental Management Commission, and any other topic required by 40 C.F.R. § 51.367 to be included in the course. Successful completion requires a passing score on a written test and on a hands-on test in which the student is required to conduct an emissions inspection of a motor vehicle.
(d) Self-Inspector Qualifications. - An applicant for a license as an emissions self-inspector must meet all of the following requirements:
(1) Have a license as a safety self-inspector.
(2) Operate a fleet of at least 10 vehicles that are subject to an emissions inspection.
(3) Repealed by Laws 2000-134, s. 15, effective January 1, 2006.
(3a) Have, or have a contract with a person who has, equipment to analyze data provided by the on-board diagnostic (OBD) equipment approved by the Environmental Management Commission.
(4) Regularly employ or contract with an individual who has an emissions inspection mechanic license and who will perform an emissions inspection on the vehicles that are part of the self-inspector's fleet."
SECTION 5. G.S. 20-183.4C(a) reads as rewritten:
"(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.
(2) A used vehicle must be
inspected before it is offered for sale at retail in this State by a dealer
at a location other than a public auction. dealer. Upon purchase, a
receipt approved by the Division must be provided to the new owner certifying
compliance.
(3) A used
vehicle that is offered for sale at retail in this State by a dealer at a
public auction must be inspected before it is offered for sale unless it has an
inspection sticker that was put on the vehicle under this Part and does not
expire until at least nine months after the date the vehicle is offered for
sale at auction.
(4) A new or used
vehicle acquired by a resident of this State from a person outside the
State must be inspected 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 within 10 days after the vehicle is registered with the Division.
(5a) If the registration of
a vehicle is transferred from a county that is not an emissions county to an
emissions county, the vehicle must be inspected in accordance with this Part
within 60 days of the transfer of registration.
(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 inspection stickerregistration on the
vehicle expires, unless another subdivision of this section requires it to
be inspected sooner.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 within 30 days after the vehicle is registered with the Division or when the current registration expires if it has not received a passing inspection within the previous 12 months.
(10) An unregistered vehicle must be inspected within 30 days after the vehicle is registered with the Division or not later than 30 days after a transferred registration expires.
(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."
SECTION 6. G.S. 20-183.4D reads as rewritten:
"§ 20-183.4D. Procedure when a vehicle is inspected.
(a) Receipt. - When a safety inspection mechanic or an emissions inspection mechanic inspects a vehicle, the mechanic must give the person who brought the vehicle in for inspection an inspection receipt. The inspection receipt must state the date of the inspection, identify the mechanic performing the inspection, identify the station or self-inspector where the inspection was performed, and list the components of the inspection performed and indicate for each component whether the vehicle passed or failed. A vehicle that fails a component of an inspection may be repaired at any repair facility chosen by the owner or operator of the vehicle.
(b) Sticker.Electronic
Inspection Authorization. - When a vehicle that is subject to a safety
inspection only passes the safety inspection, the safety inspection mechanic
who performed the inspection must put an inspection sticker on the
windshield ofissue an electronic inspection authorization to the
vehicle at the place designated by the Division. When a vehicle that is subject
to both a safety inspection and an emissions inspection passes both inspections
or passes the safety inspection and has a waiver for the emissions inspection,
the emissions mechanic performing the inspection must put an inspection
sticker on the windshield ofissue an electronic inspection authorization
to the vehicle at the place designated by the Division.
(c) Content of
Sticker. - An inspection sticker issued for a vehicle that is subject to a
safety inspection only must be a different color from an inspection sticker
issued for a vehicle that is subject to both a safety and an emissions
inspection. An inspection sticker must indicate when it expires, must be
printed with a unique serial number and an official program seal, and must be
counterfeit resistant. The side of an inspection sticker that is readable from
the interior of a vehicle must contain the following information:
(1) The date the
inspection was performed.
(2) The odometer
reading when the inspection was performed.
(3) The
signature, initials, or other identification of the mechanic who performed the
inspection and put the sticker on the windshield.
(d) When
Sticker Expires. - An inspection sticker put on a vehicle that did not have an
inspection sticker issued under this Part when it was brought in for inspection
expires at midnight on the last day of the twelfth month after the month the
inspection sticker is put on the vehicle. An inspection sticker put on a
vehicle that had an inspection sticker that was put on under this Part when it
was brought in for inspection expires as follows:
(1) If the
expiration date of the inspection sticker the vehicle had when it was brought
in for inspection is less than 12 full months from the date of the inspection,
the inspection sticker expires at midnight on the last day of the twelfth month
after the month the inspection sticker is put on the vehicle.
(2) If the
expiration date of the inspection sticker the vehicle had when it was brought
in for inspection is 12 or more months from the date of the inspection, the
inspection sticker expires one year after the expiration date of the inspection
sticker the vehicle had when it was brought in for inspection, regardless of
whether there are 12 months in this period.
(e) When Electronic Inspection Authorization Expires. - An electronic inspection authorization issued under this Part expires at midnight of the last day of the month designated by the vehicle registration sticker of the following year."
SECTION 7. G.S. 20-183.5 reads as rewritten:
"§ 20-183.5. When a vehicle that fails an emissions inspection may obtain a waiver from the inspection requirement.
(a) (For amendment to
subsection (a) effective January 1, 2006, see notes.) Requirements. - The
Division may issue a waiver for a vehicle vehicle, excluding a
vehicle owned or being held for retail sale by a motor vehicle dealer, that
meets all of the following requirements:
(1) Fails an emissions inspection because it passes the visual inspection but fails the analysis of exhaust emissions or the analysis of data provided by the on-board diagnostic (OBD) equipment.
(2) Has documented repairs
costing at least the waiver amount made to the vehicle to correct the cause of
the failure. The waiver amount is seventy-five dollars ($75.00) if the
vehicle is a pre-1981 model and is two hundred dollars ($200.00) if the
vehicle is a 1981 or newer model.($200.00).
(3) Is reinspected and again fails the inspection because it passes the visual inspection but fails the analysis of exhaust emissions or the analysis of data provided by the on-board diagnostic (OBD) equipment.
(4) Meets any other waiver
criteria required by 40 C.F.R. § 51.360.51.360, or as designated by
the Division.
(b) Procedure. - To
obtain a waiver, a person must contact a local enforcement office of the
Division. Before issuing a waiver, an employee of the Division must review the
inspection receipts issued for the inspections of the vehicle, review the
documents establishing what repairs were made to the vehicle and at what cost,
review any statement denying warranty coverage of the repairs made, and do a
visual inspection of the vehicle, if appropriate, to determine if the
documented repairs were made. The Division must issue a waiver if it determines
that the vehicle qualifies for a waiver. A person to whom a waiver is issued
must present the waiver to the self-inspector or inspection station performing
the inspection to obtain an inspection sticker.electronic inspection
authorization.
(c) Repairs. - The following repairs and their costs cannot be considered in determining whether the cost of repairs made to a vehicle equals or exceeds the waiver amount:
(1) Repairs covered by a warranty that applies to the vehicle.
(2) Repairs needed as a result of tampering with an emission control device of the vehicle.
(3) If the vehicle is a
1981 or newer model, repairs Repairs made by an individual who is
not professionally engaged in the business of repairing vehicles.
(4) OBD diagnostics without corresponding repairs.
(d) Sticker
Expiration.Electronic Inspection Authorization. - An inspection
sticker put on electronic inspection authorization issued to a
vehicle after the vehicle receives a waiver from the requirement of passing the
emissions inspection expires at the same time it would if the vehicle had
passed the emissions inspection."
SECTION 8. G.S. 20-183.5A reads as rewritten:
"§ 20-183.5A. When a vehicle that fails a safety inspection because of missing emissions control devices may obtain a waiver.
(a) Requirements. - The Division may issue a waiver for a vehicle that meets all of the following requirements:
(1) Fails a safety inspection because it does not have one or more emissions control devices.
(2) Has documented repairs
within the previous calendar year to replace missing emissions control devices
costing at least the waiver amount made to the vehicle to correct the cause of
the failure. The waiver amount is seventy-five dollars ($75.00) if the
vehicle is a pre-1981 model and is two hundred dollars ($200.00) if the
vehicle is a 19811996 or newer model.
(b) Procedure. - To
obtain a waiver, a person must contact a local enforcement office of the
Division. Before issuing a waiver, an employee of the Division must review the
inspection receipts issued for the inspections of the vehicle, review the
documents establishing what repairs were made to the vehicle and at what cost,
review any statement denying warranty coverage of the repairs made, and do a
visual inspection of the vehicle, if appropriate, to determine if the
documented repairs were made. The Division must issue a waiver if it determines
that the vehicle qualifies for a waiver. A person to whom a waiver is issued
must present the waiver to the self-inspector or inspection station performing
the inspection to obtain an inspection sticker.electronic inspection
authorization.
(c) Repairs. - The following repairs and their costs cannot be considered in determining whether the cost of repairs made to a vehicle equals or exceeds the waiver amount:
(1) Repairs covered by a warranty that applies to the vehicle.
(2) Repairs needed as a result of tampering with an emission control device of the vehicle.
(3) If the vehicle is a
1981 or newer model, repairs Repairs made by an individual who is
not professionally engaged in the business of repairing vehicles.
(d) Sticker Expiration. - An inspection sticker put on a vehicle after the vehicle receives a waiver from the requirement of passing the safety inspection expires at the same time it would if the vehicle had passed the safety inspection."
SECTION 9. G.S. 20-183.5A(d) reads as rewritten:
"(d) StickerElectronic
Inspection Authorization Expiration. - An inspection sticker put on electronic
inspection authorization issued to a vehicle after the vehicle receives a
waiver from the requirement of passing the safety inspection expires at the
same time it would if the vehicle had passed the safety inspection."
SECTION 10. G.S. 20-183.6 is repealed.
SECTION 11. G.S. 20-183.6A(a) reads as rewritten:
"(a) Division. - The Division is responsible for administering the safety inspection and the emissions inspection programs. In exercising this responsibility, the Division must:
(1) Conduct performance audits, record audits, and equipment audits of those licensed to perform inspections to ensure that inspections are performed properly.
(2) Ensure that Division personnel who audit license holders are knowledgeable about audit procedures and about the requirements of both the safety inspection and the emissions inspection programs.
(3) Perform an emissions inspection on a vehicle when requested to do so by a vehicle owner so the owner can compare the result of the inspection performed by the Division with the result of an inspection performed at an emissions inspection station.
(4) Investigate complaints about a person licensed to perform inspections and reports of irregularities in performing inspections.
(5) Establish written
procedures for the issuance of inspection stickers electronic
inspection authorizations to persons licensed to perform inspections.electronic
inspection authorizations.
(6) Submit information and reports to the federal Environmental Protection Agency as required by 40 C.F.R. Part 51.
(b) License Holders. - A person who is licensed by the Division under this Part must post the license at the place required by the Division and must keep a record of inspections performed. The inspection record must identify the vehicle that was inspected, indicate the type of inspection performed and the date of inspection, and contain any other information required by the Division. A self-inspector or an inspection station must send its records of inspections to the Division in the form and at the time required by the Division. An auditor of the Division may review the inspection records of a person licensed by the Division under this Part during normal business hours."
SECTION 12. G.S. 20-183.7 reads as rewritten:
"§ 20-183.7.
Fees for performing an inspection and putting an inspection sticker on issuing
an electronic inspection authorization to a vehicle; use of civil
penalties.
(a) Fee Amount. - When a
fee applies to an inspection of a vehicle or the issuance of an inspection
sticker, electronic inspection authorization, the fee must be
collected. The following fees apply to an inspection of a vehicle and the
issuance of an inspection sticker:electronic inspection authorization:
Type
Inspection
Sticker
Authorization
Safety
Only
$ 8.25$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 inspection sticker electronic inspection
authorization applies when an inspection sticker is put on 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 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 sticker 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 putting an inspection sticker on issuing an electronic
inspection authorization to a vehicle applies to an inspection performed by
a self-inspector.
(c) Fee Distribution. -
Fees collected for inspection stickers 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 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
Sticker
Safety Sticker
Electronic Electronic
Authorization 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 Program Account. - The Emissions 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.
(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 sticker
electronic inspection authorization fee, if the motor vehicle passes
the inspection, a statement that the sticker electronic inspection
authorization fee is paid to the State, and a brief summary of the purposes
for which the sticker 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 13. G.S. 20-183.7B reads as rewritten:
"§ 20-183.7B. Acts that are Type I, II, or III safety violations.
(a) Type I. - It is a Type I violation for a safety self-inspector, a safety inspection station, or a safety inspection mechanic to do any of the following:
(1) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without performing a safety inspection of vehicle.
(2) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle after performing a safety inspection of the vehicle and determining
that the vehicle did not pass the inspection.
(3) Allow a person who is not licensed as a safety inspection mechanic to perform a safety inspection for a self-inspector or at a safety station.
(4) Sell Sell,
issue, or otherwise give an inspection stickerelectronic
inspection authorization to another, other than as the result of a vehicle
inspection in which the vehicle passed the inspection.
(5) Be unable to account
for five or more inspection stickerselectronic inspection authorizations
at any one time upon the request of an officer of the Division.
(6) Perform a safety-only inspection on a vehicle that is subject to both a safety and an emissions inspection.
(7) Transfer an inspection
stickerelectronic inspection authorization from one vehicle to
another.
(8) Conduct a safety inspection of a vehicle without driving the vehicle and without raising the vehicle and without opening the hood of the vehicle to check equipment located therein.
(9) Solicit or accept anything of value to pass a vehicle other than as provided in this Part.
(b) Type II. - It is a Type II violation for a safety self-inspector, a safety inspection station, or a safety inspection mechanic to do any of the following:
(1) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without driving the vehicle and checking the vehicle's braking
reaction, foot brake pedal reserve, and steering free play.
(2) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without raising the vehicle to free each wheel and checking the
vehicle's tires, brake lines, parking brake cables, wheel drums, exhaust
system, and the emissions equipment.
(3) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without raising the hood and checking the master cylinder, horn
mounting, power steering, and emissions equipment.
(4) Conduct a safety inspection of a vehicle outside the designated inspection area.
(5) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle with inoperative equipment, or with equipment that does not conform to
the vehicle's original equipment or design specifications, or with equipment
that is prohibited by any provision of law.
(6) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without performing a visual inspection of the vehicle's exhaust system.
(7) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle without checking the exhaust system for leaks.
(8) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle that is required to have any of the following emissions control devices
but does not have the device:
a. Catalytic converter.
b. PCV valve.
c. Thermostatic air control.
d. Oxygen sensor.
e. Unleaded gas restrictor.
f. Gasoline tank cap.
g. Air injection system.
h. Evaporative emissions system.
i. Exhaust gas recirculation (EGR) valve.
(9) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle after failing to inspect four or more of following:
a. Emergency brake.
b. Horn.
c. Headlight high beam indicator.
d. Inside rearview mirror.
e. Outside rearview mirror.
f. Turn signals.
g. Parking lights.
h. Headlights - operation and lens.
i. Headlights - aim.
j. Stoplights.
k. Taillights.
l. License plate lights.
m. Windshield wiper.
n. Windshield wiper blades.
o. Window tint.
(10) Impose no fee for a safety inspection
of a vehicle or the issuance of a safety inspection sticker electronic
inspection authorization or impose a fee for one of these actions in an
amount that differs from the amount set in G.S. 20-183.7.
(c) Type III. - It is a Type III violation for a safety self-inspector, a safety inspection station, or a safety inspection mechanic to do any of the following:
(1) Fail to post a safety inspection station license issued by the Division.
(2) Fail to send information on safety inspections to the Division at the time or in the form required by the Division.
(3) Fail to post all safety information required by federal law and by the Division.
(4) Fail to put the
required information on an inspection sticker or inspection receipt in a
legible manner using ink.
(5) Issue a receipt that is signed by a person other than the safety inspection mechanic.
(6) Place an incorrect
expiration date on an inspection sticker.electronic inspection
authorization.
(7) Put Issue a
safety inspection sticker on electronic inspection authorization to a
vehicle after having failed to inspect three or fewer of the following:
a. Emergency brake.
b. Horn.
c. Headlight high beam indicator.
d. Inside rearview mirror.
e. Outside rearview mirror.
f. Turn signals.
g. Parking lights.
h. Headlights - operation and lens.
i. Headlights - aim.
j. Stoplights.
k. Taillights.
l. License plate lights.
m. Windshield wiper.
n. Windshield wiper blades.
o. Window tint.
(d) Other Acts. - The lists in this section of the acts that are Type I, Type II, or Type III violations are not the only acts that are one of these types of violations. The Division may designate other acts that are a Type I, Type II, or Type III violation."
SECTION 14. G.S. 20-183.8 reads as rewritten:
"§ 20-183.8. Infractions and criminal offenses for violations of inspection requirements.
(a) Infractions. - A person who does any of the following commits an infraction and, if found responsible, is liable for a penalty of up to fifty dollars ($50.00):
(1) Operates a motor
vehicle that is subject to inspection under this Part on a highway or public
vehicular area in the State when the vehicle has not been inspected in
accordance with this Part, as evidenced by the vehicle's lack of a current inspection
stickerelectronic inspection authorization or otherwise.
(2) Allows an inspection
stickerelectronic inspection authorization to be put on issued
to a vehicle owned or operated by that person, knowing that the vehicle was
not inspected before the sticker electronic inspection authorization was
attached issued or was not inspected properly.
(3) Puts Issues an
inspection sticker electronic inspection authorization on a
vehicle, knowing or having reasonable grounds to know that an inspection of the
vehicle was not performed or was performed improperly. A person who is cited
for a civil penalty under G.S. 20-183.8B for an emissions violation
involving the inspection of a vehicle may not be charged with an infraction
under this subdivision based on that same vehicle.
(4) Alters the original certified configuration or data link connectors of a vehicle in such a way as to make an emissions inspection by analysis of data provided by on-board diagnostic (OBD) equipment inaccurate or impossible.
(b) Defenses to Infractions. - Any of the following is a defense to a violation under subsection (a) of this section:
(1) The vehicle was
continuously out of State for at least the 30 days preceding the date the inspection
stickerelectronic inspection authorization expired and a current inspection
sticker electronic inspection authorization was obtained within 10
days after the vehicle came back to the State.
(2) The vehicle displays a dealer license plate or a transporter plate, the dealer repossessed the vehicle or otherwise acquired the vehicle within the last 10 days, and the vehicle is being driven from its place of acquisition to the dealer's place of business or to an inspection station.
(3) Repealed by Session Laws 1997-29, s. 5.
(4) The charged infraction is described in subdivision (a)(1) of this section, the vehicle is subject to a safety inspection or an emissions inspection and the vehicle owner establishes in court that the vehicle was inspected after the citation was issued and within 30 days of the expiration date of the inspection sticker that was on the vehicle or the electronic inspection authorization was issued to the vehicle when the citation was issued.
(c) Felony. - A person who does any of the following commits a Class I felony:
(1) Forges an inspection sticker.sticker
or inspection receipt.
(2) Buys, sells, issues,
or possesses a forged inspection sticker.sticker or electronic
inspection authorization.
(3) Buys, sells, issues,
or possesses an inspection stickerelectronic inspection
authorization other than as the result of either of the following:
a. Having a
license as an inspection station, a self-inspector, or an inspection mechanic
and obtaining the inspection sticker electronic inspection
authorization from the Division through an electronic authorization
vendor in the course of business.
b. A vehicle inspection in which the vehicle passed the inspection or for which the vehicle received a waiver.
(4) Solicits or accepts anything of value in order to pass a vehicle that fails a safety or emissions inspection.
(5) Fails a vehicle for any reason not authorized by law."
SECTION 15. G.S. 20-183.8A reads as rewritten:
"§ 20-183.8A. Civil penalties against motorists for emissions violations.
The Division shall assess a civil penalty against a person who owns or leases a vehicle that is subject to an emissions inspection and who does any of the following:
(1) Fails to have the vehicle inspected within four months after it is required to be inspected under this Part.
(2) Instructs or allows 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) Incorrectly states the county of registration of the vehicle to avoid having an emissions inspection of the vehicle.
The amount of penalty is one hundred dollars ($100.00) if
the vehicle is a pre-1981 vehicle and two hundred fifty dollars ($250.00)
if the vehicle is a 1981 or newer model vehicle.($250.00). As
provided in G.S. 20-54, the registration of a vehicle may not be renewed
until a penalty imposed under this section has been paid."
SECTION 16. G.S. 20-183.8C reads as rewritten:
"§ 20-183.8C. Acts that are Type I, II, or III emissions violations.
(a) Type I. - It is a Type I violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1) Put Issue an
emissions inspection sticker electronic inspection authorization on
a vehicle without performing an emissions inspection of the vehicle.
(1a) Put Issue an
emissions inspection sticker on electronic inspection authorization
to a vehicle after performing an emissions inspection of the vehicle and
determining that the vehicle did not pass the inspection.
(2) Use a test-defeating
strategy when conducting an emissions inspection, such as holding the
accelerator pedal down slightly during an idle test, disconnecting or crimping
a vacuum hose to effect a passing result, inspection by changing the
emission standards for a vehicle by incorrectly entering the vehicle type or
model year, or using data provided by the on-board diagnostic (OBD) equipment
of another vehicle to achieve a passing result.
(3) Allow a person who is not licensed as an emissions inspection mechanic to perform an emissions inspection for a self-inspector or at an emissions station.
(4) Sell Sell,
issue, or otherwise give an inspection stickerelectronic
inspection authorization to another other than as the result of a vehicle
inspection in which the vehicle passed the inspection or for which the vehicle
received a waiver.
(5) Be unable to account
for five or more inspection stickers electronic inspection
authorizations at any one time upon the request of an auditor of the
Division.
(6) Perform a safety-only inspection on a vehicle that is subject to both a safety and an emissions inspection.
(7) Transfer an inspection
sticker electronic inspection authorization from one vehicle to
another.
(b) Type II. - It is a Type II violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1) Use the identification code of another to gain access to an emissions analyzer or to equipment to analyze data provided by on-board diagnostic (OBD) equipment.
(2) Keep inspection
stickers and other compliance documents in a manner that makes them easily
accessible to individuals who are not inspection mechanics.
(3) Put Issue a
safety inspection sticker electronic inspection authorization or
an emissions inspection sticker electronic inspection authorization on
a vehicle that is required to have one of the following emissions control
devices but does not have it:
a. Catalytic converter.
b. PCV valve.
c. Thermostatic air control.
d. Oxygen sensor.
e. Unleaded gas restrictor.
f. Gasoline tank cap.
g. Air injection system.
h. Evaporative emissions system.
i. Exhaust gas recirculation (EGR) valve.
(4) Put Issue a
safety inspection stickerelectronic inspection authorization or
an emissions inspection sticker electronic inspection authorization on
a vehicle without performing a visual inspection of the vehicle's exhaust
system and checking the exhaust system for leaks.
(5) Impose no fee for an
emissions inspection of a vehicle or the issuance of an emissions inspection
sticker electronic inspection authorization or impose a fee for one
of these actions in an amount that differs from the amount set in G.S. 20-183.7.
(c) Type III. - It is a Type III violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1) Fail to post an emissions license issued by the Division.
(2) Fail to send information on emissions inspections to the Division at the time or in the form required by the Division.
(3) Fail to post emissions information required by federal law to be posted.
(4) Fail to put
the required information on an inspection sticker in a legible manner using
ink.
(5) Fail to put the required information on an inspection receipt in a legible manner.
(6) Fail to
maintain a maintenance log for an emissions analyzer or for equipment to
analyze data provided by on-board diagnostic (OBD) equipment.
(d) Other Acts. - The lists in this section of the acts that are Type I, Type II, or Type III violations are not the only acts that are one of these types of violations. The Division may designate other acts that are a Type I, Type II, or Type III violation."
SECTION 16.1. The Division may utilize the vendor currently providing services for the emissions stations to help implement the provisions of this act.
SECTION 16.2. The Division shall report on the progress of implementing this act to the Joint Legislative Transportation Oversight Committee by May 1, 2008.
SECTION 17. This act becomes effective October 1, 2008, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 2nd day of August, 2007.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:58 p.m. this 30th day of August, 2007