GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1638*

Short Title:  I/M Technology and Fee Amends.	(Public)

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Sponsors: Representatives Hackney, Gray, Gibson, and Miner.

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Referred to:  Finance.

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May 18, 2000

A BILL TO BE ENTITLED
AN ACT TO IMPROVE AMBIENT AIR QUALITY, TO PROVIDE FOR THE USE OF ON-BOARD DIAGNOSTIC EQUIPMENT IN THE MOTOR VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM, AND TO INCREASE THE FEES THAT ARE CHARGED FOR MOTOR VEHICLE SAFETY AND EMISSIONS INSPECTIONS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-215.107(a)(6) reads as rewritten:
"(6)	To adopt motor vehicle emissions standards; to adopt, when necessary and practicable, a motor vehicle emissions inspection and maintenance program to improve ambient air quality; to require manufacturers of motor vehicles to furnish to the Equipment and Tool Institute and, upon request and at a reasonable charge, to any person who maintains or repairs a motor vehicle, all information necessary to fully make use of the on-board diagnostic equipment and the data compiled by that equipment; to certify to the Commissioner of Motor Vehicles that ambient air quality will be improved by the implementation of a motor vehicle emissions inspection and maintenance program in a county. The Commission shall implement this subdivision as provided in G.S. 143-215.107A."
Section 2.  G.S. 143-215.107A(b) is repealed.
Section 3.  G.S. 143-215.107A(d) reads as rewritten:
"(d)	Additional Counties. – The Commission may require that motor vehicle emissions inspections be performed in counties in addition to those set out in subsection (c) of this section.  In determining whether to require that motor vehicle emissions inspections be performed in a county, the Commission may consider the population of, and distribution of population in, the county; the projected change in population of, and distribution of population in, the county; the number of vehicles registered in the county; the projected change in the number of vehicles registered in the county; vehicle miles traveled in the county; the projected change in vehicle miles traveled in the county; current and projected commuting patterns in the county; and the current and projected impact of these factors on attainment of air quality standards in the county and in areas outside the county.  The Commission may not require that motor vehicle emissions inspections be performed in any county with a population of less than 40,000 based on the most recent population estimates prepared by the State Planning Officer.  The Commission may not require that motor vehicle emissions inspections be performed in any county in which the number of vehicle miles traveled per day is less than 900,000, based on the most recent estimates prepared by the Department of Transportation.  In order to disapprove a rule that requires that motor vehicle emissions inspections be performed in one or more additional counties, a bill introduced pursuant to G.S. 150B-21.3(b) must amend subsection (c) of this section to add one or more other counties in which the total population and vehicle miles traveled per day equal or exceed the total population and vehicle miles traveled in the county or counties listed in the rule that the bill would disapprove."
Section 4.  Section 3.2 of S.L. 1999-328 reads as rewritten:
"Section 3.2.  The Environmental Management Commission shall not require that motor vehicle emissions inspections be performed in any county pursuant to G.S. 143-215.107A(d), as enacted by Section 3.1 of this act, prior to 1 July 2006.  The Environmental Management Commission shall not require motor vehicle emissions inspections for diesel powered vehicles prior to 1 July 2001."
Section 5.  Section 3.9 of S.L. 1999-328 is repealed.
Section 6.  Effective 1 July 2002, G.S. 20-128(c) reads as rewritten:
"(c)	No motor vehicle registered in this State that was manufactured after model year 1967 shall be operated in this State unless it is equipped with emissions control devices that were installed on the vehicle at the time the vehicle was manufactured and these devices are properly connected.
(d)	The requirements of subsection (c) of this section shall not apply if the emissions control devices have been removed for the purpose of converting the motor vehicle to operate on natural or liquefied petroleum gas or other modifications have been made in order to reduce air pollution and these modifications are approved by the Department of Environment and Natural Resources."
Section 7.  Effective 1 July 2000, G.S. 20-183.2(b) reads as rewritten:
"(b)	Emissions. – A motor vehicle is subject to an emissions inspection in accordance with this Part if it meets all of the following requirements:
(1)	It is subject to registration with the Division under Article 3 of this Chapter.
(2)	It is not a trailer whose gross weight is less than 4,000 pounds, a house trailer, or a motorcycle.
(3)	It is a 1975 or later model.
(4)	Repealed by Session Laws 1999-328, s. 3.11.
(5)	It meets any of the following descriptions:
a.	It is required to be registered in an emissions county.
b.	It is part of a fleet that is operated primarily in an emissions county.
c.	It is offered for rent in an emissions county.
d.	It is a used vehicle offered for sale by a dealer in an emissions county.
e.	It is operated on a federal installation located in an emissions county and it is not a tactical military vehicle. Vehicles operated on a federal installation include those that are owned or leased by employees of the installation and are used to commute to the installation and those owned or operated by the federal agency that conducts business at the installation.
f.	It is otherwise required by 40 C.F.R. Part 51 to be subject to an emissions inspection.
(6)	It is not licensed at the farmer rate under G.S. 20-88(b)."
Section 8.  Effective 1 July 2002, G.S. 20-183.3 reads as rewritten:
"§ 20-183.3.  Scope of safety inspection and emissions inspection.
(a)	Safety. – A safety inspection of a motor vehicle consists of an inspection of the following equipment to determine if the vehicle has the equipment required by Part 9 of Article 3 of this Chapter and if the equipment is in a safe operating condition:
(1)	Brakes, as required by G.S. 20-124.
(2)	Lights, as required by G.S. 20-129 or G.S. 20-129.1.
(3)	Horn, as required by G.S. 20-125(a).
(4)	Steering mechanism, as required by G.S. 20-123.1.
(5)	Windows and windshield wipers, as required by G.S. 20-127. To determine if a vehicle window meets the window tinting restrictions, a safety inspection mechanic must first determine, based on use of an automotive film check card or knowledge of window tinting techniques, if after-factory tint has been applied to the window. If after-factory tint has been applied, the mechanic must use a light meter approved by the Commissioner to determine if the window meets the window tinting restrictions.
(6)	Directional signals, as required by G.S. 20-125.1.
(7)	Tires, as required by G.S. 20-122.1.
(8)	Mirrors, as required by G.S. 20-126.
(9)	Exhaust system, as required by G.S. 20-128.  
(b)	Emissions. – An emissions inspection of a motor vehicle consists of an analysis of the exhaust emissions of the vehicle to determine if the exhaust emissions meet the standards for the model year of the vehicle set by the Environmental Management Commission or, if the vehicle is a 1996 or later model, an analysis of data provided by the on-board diagnostic (OBD) equipment installed by the vehicle manufacturer to identify any deterioration or malfunction in the operation of the vehicle that would cause an increase in the emission of pollutants by the vehicle that violates standards for the model year of the vehicle set by the Environmental Management Commission.  When an emissions inspection is performed on a vehicle, a safety inspection must be performed on the vehicle as well.
(c)	Reinspection After Failure. – The scope of a reinspection of a vehicle that has been repaired after failing an inspection is the same as the original inspection unless the vehicle is presented for reinspection within 30 days of failing the original inspection.  If the vehicle is presented for reinspection within this time limit and the inspection the vehicle failed was a safety inspection, the reinspection is limited to an inspection of the equipment that failed the original inspection.  If the vehicle is presented for reinspection within this time limit and the inspection the vehicle failed was an emissions inspection, the reinspection is limited to the portion of the inspection the vehicle failed and any other portion of the inspection that would be affected by repairs made to correct the failure."
Section 9.  Effective 1 July 2003, G.S. 20-183.2(b) reads as rewritten:
"(b)	Emissions. – A motor vehicle is subject to an emissions inspection in accordance with this Part if it meets all of the following requirements:
(1)	It is subject to registration with the Division under Article 3 of this Chapter.
(2)	It is not a trailer whose gross weight is less than 4,000 pounds, a house trailer, or a motorcycle.
(3) 	Except as provided in G.S. 20-183.3(b), it is a 1996 or later model.
(4)	Repealed by Session Laws 1999-328, s. 3.11.
(5)	It meets any of the following descriptions:
a.	It is required to be registered in an emissions county.
b.	It is part of a fleet that is operated primarily in an emissions county.
c.	It is offered for rent in an emissions county.
d.	It is a used vehicle offered for sale by a dealer in an emissions county.
e.	It is operated on a federal installation located in an emissions county and it is not a tactical military vehicle. Vehicles operated on a federal installation include those that are owned or leased by employees of the installation and are used to commute to the installation and those owned or operated by the federal agency that conducts business at the installation.
f.	It is otherwise required by 40 C.F.R. Part 51 to be subject to an emissions inspection.
(6)	It is not licensed at the farmer rate under G.S. 20-88(b)."
Section 10.  Effective 1 July 2003, G.S. 20-183.3 reads as rewritten:
"§ 20-183.3.  Scope of safety inspection and emissions inspection.
(a)	Safety. – A safety inspection of a motor vehicle consists of an inspection of the following equipment to determine if the vehicle has the equipment required by Part 9 of Article 3 of this Chapter and if the equipment is in a safe operating condition:
(1)	Brakes, as required by G.S. 20-124.
(2)	Lights, as required by G.S. 20-129 or G.S. 20-129.1.
(3)	Horn, as required by G.S. 20-125(a).
(4)	Steering mechanism, as required by G.S. 20-123.1.
(5)	Windows and windshield wipers, as required by G.S. 20-127. To determine if a vehicle window meets the window tinting restrictions, a safety inspection mechanic must first determine, based on use of an automotive film check card or knowledge of window tinting techniques, if after-factory tint has been applied to the window. If after-factory tint has been applied, the mechanic must use a light meter approved by the Commissioner to determine if the window meets the window tinting restrictions.
(6)	Directional signals, as required by G.S. 20-125.1.
(7)	Tires, as required by G.S. 20-122.1.
(8)	Mirrors, as required by G.S. 20-126.
(9)	Exhaust system, as required by G.S. 20-128.
(b)	Emissions Inspection Requirements in Certain Counties. –  An emissions inspection of a 1975 or later model motor vehicle in the counties of Cabarrus, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Orange, Union, and Wake consists of an analysis of the exhaust emissions of the vehicle to determine if the exhaust emissions meet the standards for the model year of the vehicle set by the Environmental Management Commission or, if the vehicle is a 1996 or later model, an analysis of data provided by the on-board diagnostic (OBD) equipment installed by the vehicle manufacturer to identify any deterioration or malfunction in the operation of the vehicle that would cause an increase in the emission of pollutants by the vehicle that violates standards for the model year of the vehicle set by the Environmental Management Commission.  When an emissions inspection is performed on a vehicle, a safety inspection must be performed on the vehicle as well.  When an emissions inspection is performed on a vehicle, a safety inspection must be performed on the vehicle as well.
(b1)	Emissions. – An emissions inspection of a motor vehicle consists of an analysis of data provided by the on-board diagnostic (OBD) equipment installed by the vehicle manufacturer to identify any deterioration or malfunction in the operation of the vehicle that would cause an increase in the emission of pollutants by the vehicle that violates standards for the model year of the vehicle set by the Environmental Management Commission.  When an emissions inspection is performed on a vehicle, a safety inspection must be performed on the vehicle as well.
(c)	Reinspection After Failure. – The scope of a reinspection of a vehicle that has been repaired after failing an inspection is the same as the original inspection unless the vehicle is presented for reinspection within 30 days of failing the original inspection.  If the vehicle is presented for reinspection within this time limit and the inspection the vehicle failed was a safety inspection, the reinspection is limited to an inspection of the equipment that failed the original inspection.  If the vehicle is presented for reinspection within this time limit and the inspection the vehicle failed was an emissions inspection, the reinspection is limited to the portion of the inspection the vehicle failed and any other portion of the inspection that would be affected by repairs made to correct the failure."
Section 11.  Effective 1 January 2006, G.S. 20-182.2(b)(3) reads as rewritten:
"(3) 	It is a 1996 or later model."
Section 12.  Effective 1 January 2006, G.S. 20-183.3(b) is repealed.
Section 13.  Effective 1 July 2002, G.S. 20-183.5(a) reads as rewritten:
"(a)	Requirements. – The Division may issue a waiver for a vehicle that meets all of the following requirements:
(1)	Fails an emissions inspection but passes the safety inspection, including the visual inspection of emissions control devices required by G.S. 20-183.3(9).
(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.
(3)	Is reinspected and again fails the inspection but passes the safety inspection, including the visual inspection of emissions control devices required by G.S. 20-183.3(9).
(4)	Meets any other waiver criteria required by 40 C.F.R. § 51.360."
Section 14.  Effective 1 July 2000, G.S. 20-183.7(a) reads as rewritten:
"(a)	Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an inspection sticker, the fee must be collected.  The following fees apply to an inspection of a vehicle and the issuance of an inspection sticker:
Type	Inspection	Sticker
Safety Only, Without After-
Factory Tinted Window	$ 9.75	$ 1.25
Safety Only, With After-
Factory Tinted Window	19.75	1.25
Emissions and Safety Without
After-Factory Tinted Window	20.75	3.00
Emissions and Safety With
After-Factory Tinted Window	30.75	3.00.
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 applies when an inspection sticker is put on a vehicle.  The fee for performing an inspection of a vehicle with a tinted window applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after-factory tint.
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."
Section 15.  Effective 1 July 2002, G.S. 20-183.7(a) reads as rewritten:
"(a)	Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an inspection sticker, the fee must be collected.  The following fees apply to an inspection of a vehicle and the issuance of an inspection sticker:
Type	Inspection	Sticker
Safety Only, Without After-
Factory Tinted Window	$ 9.75	$ 1.25
Safety Only, With After-
Factory Tinted Window	 19.75	 1.25
Emissions and Safety Without
After-Factory Tinted Window	 21.30	 4.60
Emissions and Safety With
After-Factory Tinted Window	 31.30	 4.60.
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 applies when an inspection sticker is put on a vehicle.  The fee for performing an inspection of a vehicle with a tinted window applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after-factory tint.
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."
Section 16.  Except as otherwise provided in this act, this act is effective when it becomes law.