GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 1337*

Short Title:  Emissions Inspection Penalties.	(Public)

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Sponsors: Representatives Mitchell; Culp, Locke, Nichols, Tolson, and Weatherly.

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Referred to:  Health and Environment.

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May 24, 1996

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE CIVIL PENALTIES THAT MAY BE ASSESSED AGAINST CERTAIN LICENSE HOLDERS FOR EMISSIONS INSPECTIONS BASED ON WHETHER THE VEHICLE WAS INTENTIONALLY IMPROPERLY PASSED INSPECTION AND TO CHANGE THE PROVISIONS REGARDING THE SUSPENSION OR REVOCATION OF LICENSES TO PROVIDE FOR NOTICE AND HEARING, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-183.8B(b) reads as rewritten:
"(b)	Penalty Schedule. – The Division must take the following action for a violation:
(1)	Type I. – For a first or second Type I violation within three years that results in a vehicle being intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess a civil penalty of two hundred fifty dollars ($250.00) and suspend, after notice and hearing within 14 days, the license of the business for six months. For a third or subsequent Type I violation within three years that results in a vehicle being intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess a civil penalty of one thousand dollars ($1,000) and revoke, after notice and hearing within 14 days, the license of the business for two years.
		For a first Type I violation that results in a vehicle being not intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess the emissions self-inspector a civil penalty of one hundred dollars ($100.00) and send a warning letter and assess the business a civil penalty of two hundred dollars ($200.00) and send a warning letter. For a second Type I violation within three years that results in a vehicle being not intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess the emissions self-inspector a civil penalty of one hundred fifty dollars ($150.00) and suspend, after notice and hearing within 14 days, the license of the emissions self-inspector for 30 days and assess the business a civil penalty of three hundred dollars ($300.00) and send a warning letter.  For a third Type I violation within three years that results in a vehicle being not intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess the emissions self-inspector a civil penalty of two hundred dollars ($200.00), suspend, after notice and hearing within 14 days, the license of the emissions self-inspector for six months, and require the emissions self-inspector to attend the school for emissions inspectors designated by the Division and assess the business a civil penalty of four hundred dollars ($400.00) and suspend, after notice and hearing within 14 days, the license of the business for 30 days.  For a fourth and subsequent Type I violation within three years that results in a vehicle being not intentionally improperly passed by an emissions self-inspector or an emissions inspection station, assess the emissions self-inspector a civil penalty of two hundred fifty dollars ($250.00) and suspend, after notice and hearing within 14 days, the license of the emissions self-inspector for one year and assess the business a civil penalty of five hundred dollars ($500.00) and suspend, after notice and hearing within 14 days, the license of the business for six months.
		For a first or second Type I violation within three years by an emissions inspection mechanic, assess a civil penalty of one hundred dollars ($100.00) and suspend, after notice and hearing within 14 days, the mechanic's license for six months. For a third or subsequent Type I violation within three years by an emissions inspection mechanic, assess a civil penalty of two hundred fifty dollars ($250.00) and revoke, after notice and hearing within 14 days, the mechanic's license for two years.
(2)	Type II. – For a first or second Type II violation within three years by an emissions self-inspector or an emissions inspection station, assess a civil penalty of one hundred dollars ($100.00). For a third or subsequent Type II violation within three years by an emissions self-inspector or an emissions inspection station, assess a civil penalty of two hundred fifty dollars ($250.00) and suspend, after notice and hearing within 14 days, the license of the business for 90 days.
		For a first or second Type II violation within three years by an emissions inspection mechanic, assess a civil penalty of fifty dollars ($50.00). For a third or subsequent Type II violation within three years by an emissions inspection mechanic, assess a civil penalty of one hundred dollars ($100.00) and suspend, after notice and hearing within 14 days, the mechanic's license for 90 days.
(3)	Type III. – For a first or second Type III violation within three years by an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic, send a warning letter. For a third or subsequent Type III violation within three years by the same emissions license holder, assess a civil penalty of twenty-five dollars ($25.00)."
Sec. 2.  Any emissions self-inspector, emissions inspection station, or emissions inspection mechanic whose license currently is suspended or revoked pursuant to G.S. 20-183.8B prior to the effective date of this act may have the current suspension or revocation period changed by the Division of Motor Vehicles, Department of Transportation, to a period of suspension or revocation that is consistent with the provisions of G.S. 20-183.8B, as amended by Section 1 of this act.
Sec. 3.  This act becomes effective October 1, 1996, and, except as provided in Section 2 of this act, applies to all violations that occur on or after that date.