GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 1298*
Transportation Committee Substitute Adopted 6/20/96

Short Title:  Emissions Inspection Penalties.	(Public)

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Sponsors:

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Referred to:  

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May 23, 1996

A BILL TO BE ENTITLED
AN ACT TO AMEND THE PENALTIES THAT MAY BE IMPOSED FOR VIOLATIONS RELATING TO MOTOR VEHICLE EMISSIONS INSPECTIONS BASED ON WHETHER THE VEHICLE WAS INTENTIONALLY IMPROPERLY PASSED AND TO PROVIDE FOR NOTICE AND HEARING PRIOR TO SUSPENSION OR REVOCATION, 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. –
a.	For a first Type I violation or a second Type I violation within three years by an emissions self-inspector or an emissions inspection station that results in a vehicle being intentionally improperly passed, assess a civil penalty of two hundred fifty dollars ($250.00) and suspend the license of the business for six months. For a third or subsequent Type I violation within three years by an emissions self-inspector or an emissions inspection station that results in a vehicle being intentionally improperly passed, assess a civil penalty of one thousand dollars ($1,000) and revoke the license of the business for two years.
b.	For a first Type I violation by an emissions self-inspector or emissions inspection station, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of two hundred dollars ($200.00).  For a second Type I violation within three years by an emissions self-inspector or emissions inspection station, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of three hundred dollars ($300.00).  For a third Type I violation within three years by an emissions self-inspector or emissions inspection station, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of four hundred dollars ($400.00) and suspend the license of the business for 30 days.  For a fourth or subsequent Type I violation within three years by an emissions self-inspector or emissions inspection station, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of five hundred dollars ($500.00) and revoke the license of the business for six months.
c.	For a first Type I violation or a second Type I violation within three years by an emissions inspection mechanic that results in a vehicle being intentionally improperly passed, assess a civil penalty of one hundred dollars ($100.00) and suspend 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 the mechanic's license for two years.
d.	For a first Type I violation by an emissions inspection mechanic, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of one hundred dollars ($100.00).  For a second Type I violation within three years by an emissions inspection mechanic, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of one hundred fifty dollars ($150.00) and suspend the mechanic's license for 30 days.  For a third Type I violation within three years by an emissions inspection mechanic, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of two hundred dollars ($200.00) and suspend the mechanic's license for six months.  For a fourth or subsequent Type I violation within three years by an emissions inspection mechanic, other than a violation that results in a vehicle being intentionally improperly passed, assess a civil penalty of two hundred fifty dollars ($250.00) and revoke the mechanic's license for one year.
(2)	Type II. –
a.	For a first Type II violation or a 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 the license of the business for 90 days.
b.	For a first Type II violation or a 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 the mechanic's license for 90 days.
(3)	Type III. – For a first Type III violation or a 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).
(4)	A suspension or revocation of a license under this section shall not be effective until the Division has notified the licensee of its intention to suspend or revoke the license and has held an informal hearing on the suspension or revocation, unless the licensee waives the hearing.  The Division shall hold the informal hearing within 14 days after the notice of violation is received by the licensee.
(5)	Before an emissions inspection mechanic's license that has been suspended is reinstated, the emissions inspection mechanic must successfully complete the four-hour emissions refresher course required to renew an emissions inspection mechanic's license under G.S. 20-183.4B(c).  An emissions inspection mechanic whose license is revoked under this section who wishes to be relicensed after the revocation period must apply for a new license and successfully complete the eight-hour course required under G.S. 20-183.4A."
Sec. 2.  G.S. 20-183.8C(a) reads as rewritten:
"(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 an emissions inspection sticker on a vehicle without performing an emissions inspection of the vehicle or after performing an emissions inspection in which 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, or changing the emission standards for a vehicle by incorrectly entering the vehicle type or model year 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 or otherwise give an inspection sticker 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 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 from one vehicle to another.
(8)	Intentionally improperly pass a vehicle."
Sec. 3.  Upon request by an emissions self-inspector, emissions inspection station, or emissions inspection mechanic, the Division of Motor Vehicles of the Department of Transportation shall retroactively modify the suspension or revocation of a license that is in a suspended or revoked status under G.S. 20-183.8B on the date this act becomes effective to make the suspension or revocation consistent with G.S. 20-183.8B, as amended by Section 1 of this act.
Sec. 4.  This act becomes effective 1 October 1996 and applies (i) to any violation that occurs on or after that date and (ii) as provided in Section 3 of this act.