GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     2

SENATE BILL 509

Finance Committee Substitute Adopted 5/10/07

Short Title:     Motor Vehicle Inspection Changes.	(Public)
Sponsors:
Referred to:

March 6, 2007

A BILL TO BE ENTITLED

AN ACT to INCREASE the period of time allowed for reinspection after failing a motor vehicle inspection, to waive the civil penalty for failure to meet the emissions inspection requirement while serving on active military duty outside the state, and to change the penalty for clean scanning and other type i emissions violations.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-183.3(c) reads as rewritten:

"(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 3060 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 2.  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                                                                     $  8.25                 $0.85

Emissions and Safety                                                      23.50                   6.50.

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 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 3060 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 fees set out in this subsection may not be increased or decreased."

SECTION 3.  G.S. 20-183.8A reads as rewritten:

"§ 20-183.8A.  Civil penalties against motorists for emissions violations.violations; exemption.

(a) Civil Penalties. - 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) f the vehicle is a pre-1981 vehicle and two hundred fifty dollars ($250.00) if the vehicle is a 19811996 or newer model vehicle. 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.

(b) Exemption. - The civil penalty assessed under subdivision (a)(1) of this section does not apply to a person who demonstrates to the Division proof of all of the following:

(1) The person is active duty military personnel.

(2) The person was deployed outside of the United States or stationed at a duty station outside of this State on or after the date the vehicle was required to be inspected and until the expiration of the four-month grace period.

(3) No person operated the vehicle after the date it was required to be inspected.

(4) That the vehicle has passed inspection prior to the request for an exemption under this subsection."

SECTION 4.  G.S. 20-183.8B reads as rewritten:

"§ 20-183.8B.  Civil penalties against license holders and suspension or revocation of license for emissions violations.

(a)       Kinds of Violations. - The civil penalty schedule established in this section applies to emissions self-inspectors, emissions inspection stations, and emissions inspection mechanics. The schedule categorizes emissions violations into serious (Type I), minor (Type II), and technical (Type III) violations.

A serious violation is a violation of this Part or a rule adopted to implement this Part that directly affects the emission reduction benefits of the emissions inspection program. A minor violation is a violation of this Part or a rule adopted to implement this Part that reflects negligence or carelessness in conducting an emissions inspection or complying with the emissions inspection requirements but does not directly affect the emission reduction benefits of the emissions inspection program. A technical violation is a violation that is not a serious violation, a minor violation, or another type of offense under this Part.

(b)       Penalty Schedule. - The Division must take the following action for a violation:

(1)       Type I. - For a first or second Type I violation by an emissions self-inspector or an emissions inspection station, assess a civil penalty of two hundred fifty dollars ($250.00) five hundred dollars ($500.00) 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, assess a civil penalty of one thousand dollars ($1,000) and revoke the license of the business for two years.

For a first or second Type I violation by an emissions inspection mechanic, assess a civil penalty of one hundred dollars ($100.00) two hundred fifty dollars ($250.00) and suspend the mechanic's license for six months. For a second Type I violation within two years by an emissions inspection mechanic, assess a civil penalty of five hundred dollars ($500.00) and suspend the mechanic's license for six months. For a third or subsequent Type I violation within seven four years by an emissions inspection mechanic, assess a civil penalty of two hundred fifty dollars ($250.00) one thousand dollars ($1,000) and revoke the mechanic's license for two years.

(2)       Type II. - For a first or second Type II violation 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.

For a first or second Type II violation by an emissions inspection mechanic, assess a civil penalty of fifty dollars ($50.00). For a third or subsequent Type II violation within seven 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 or second Type III violation 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).

(c)       Station or Self-Inspector Responsibility. - It is the responsibility of an emissions inspection station and an emissions self-inspector to supervise the emissions mechanics it employs. A violation by an emissions inspector mechanic is considered a violation by the station or self-inspector for whom the mechanic is employed.

(d)       Missing Stickers. - The Division must assess a civil penalty against an emissions inspection station, a windshield replacement station, or an emissions self-inspector that cannot account for an emissions inspection sticker issued to it. A station or a self-inspector cannot account for a sticker when the sticker is missing and the station or self-inspector cannot establish reasonable grounds for believing the sticker was stolen or destroyed by fire or another accident.

(d1)     Penalty for Missing Stickers. - The amount of the penalty is twenty-five dollars ($25.00) for each missing sticker. If a penalty is imposed under subsection (b) of this section as the result of missing stickers, the monetary penalty that applies is the higher of the penalties required under this subsection and subsection (b); the Division may not assess a monetary penalty as a result of missing stickers under both this subsection and subsection (b) of this section. Imposition of a monetary penalty under this subsection does not affect suspension or revocation of a license required under subsection (b) of this section.

(e)       Penalty for Clean Scanning. - For a first or second clean scan violation by an emissions self-inspector or an emissions inspection station, assess a civil penalty of five hundred dollars ($500.00). For a third or subsequent clean scan violation, occurring within one year after the second clean scan violation was identified to the emissions self-inspector or an emissions inspection station, assess a civil penalty of one thousand dollars ($1,000) and revoke the license of the business for one year. The Commissioner may waive the penalty for a first violation.

(f)        Mechanic Training. - An emissions inspection mechanic whose license has been suspended or revoked must retake the course required under G.S. 20-183.4A and successfully complete the course before the mechanic's license can be reinstated. Failure to successfully complete this course continues the period of suspension or revocation until the course is completed successfully."

SECTION 5.  Sections 1 and 2 of this act become effective January 1, 2009.  The remainder of this act is effective when it becomes law.