19A NCAC 03D .0543      INSPECTION PROCEDURE FOR EMISSIONS EQUIPMENT

(a)  In accordance with G.S. 20-183.2, vehicles required to receive a State safety inspection are also subject to an emission inspection if it is propelled or has the ability to be propelled by a gasoline-powered motor vehicle, registered or based in an emission county, and meets the following criteria:

(1)           the vehicle model year is within 20 years of the current year and older than the three most recent model years;

(2)           vehicles of the three most recent model years have more than 70,000 miles on the odometer; and

(3)           vehicle is not a heavy duty vehicle.

(b)  The following requirements shall be adhered to by the license inspection station:

(1)           inspections shall be performed only with an analyzer and software that has been certified by the North Carolina Department of Environmental Quality (NCDEQ).

(2)           Requirements for keeping and submitting records are as follows:

(A)          Copies of the Vehicle Inspection Receipt/Statement shall be removed from the analyzer at the time of download and filed with other business records and kept in sequence for review by the DMV Inspector during his or her audit. These copies of the Vehicle Inspection Receipt/Statement must be retained for 18 months; and

(B)          Station owners shall maintain the analyzer printer in a condition that produces copies of the Vehicle Inspection Receipt/Statement that are clear and legible. Failure to comply shall result in an immediate lockout as set forth in Rule .0545 of this Section that will remain in effect until the printer has been replaced or corrected.

(c)  The procedures for inspection shall be as follows:

(1)           The inspection mechanic shall perform the emission test utilizing an emission analyzer that conforms to the NC Department of Environmental Quality certification standards.

(2)           The inspection mechanic shall conduct the emission inspection by following the prompts of the analyzer and accurately completing all data fields with the applicable information.

(d)  The owner or operator of a vehicle that suspects an emission analyzer provided incorrect results, may submit in writing to the Division of Motor Vehicles a request that the Division perform an emissions inspection on the vehicle so the results can be compared. If the test determines the vehicle to be in compliance with Emission Standards, the Division shall issue an exemption to the vehicle, not to exceed 12 months. The Division shall require an examination of the station analyzer in question and take corrective action.

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994;

Readopted Eff. October 1, 2021.