Subject 391-3-20 ENHANCED INSPECTION AND MAINTENANCE
Rule 391-3-20-.01 Definitions
The following terms as used in these rules shall have the meaning hereinafter respectively ascribed, except that to the extent terms are not defined in these rules, the Act's definitions control; and provided that definitions within any subsequent rule or subdivision thereof, which are expressly made applicable to the rule or subdivision within which they appear, shall apply for purposes of such specific rule or subdivision thereof.
(a) | "Act" means O.C.G.A. § 12-9-40 et seq., as amended, "The Georgia Motor Vehicle Emission Inspection and Maintenance Act." |
(b) | "Calibration" means, in the case of the Georgia Analyzer System (GAS), the process of establishing or verifying that the test values of the GAS emissions bench are accurate by using the applicable calibration gases. In the case of a fuel cap tester, "calibration" means the process of verifying that the measured pressure drop over time is between the upper and lower control limits. |
(c) | "Certificate" means the license issued by the Director to a person authorizing him or her to perform emission inspections in accordance with the requirements of the Act and this Chapter. |
(d) | "Certificate of Authorization" means a certificate issued by the Director to each establishment or location designated as an official emission inspection station. |
(e) | "Certificate of Emissions Inspection" means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board diagnostic equipment have been inspected and approved in accordance with the Act and this Chapter. Such certificates will be furnished to official emission inspection stations by EPD to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by the Act and this Chapter. |
(f) | "DLC" means the data or diagnostic link connector for a vehicle's on-board diagnostic system. |
(g) | "Dedicated data transmission line" means a unique communication line identifiable by a transmitted digital identification number which allows the Vehicle Information Database or (VID) to identify the Georgia Analyzer System (GAS) unit communicating with the VID. |
(h) | "Department" means the Department of Natural Resources. |
(i) | "Diagnostic Trouble Codes (DTC)" means that for vehicles equipped with on-board diagnostic (OBD) computer systems, a five digit code that is associated with a specific test of the OBD system. |
(j) | "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources. |
(k) | "E-Certs" means blank Electronic Certificates of Emission Inspection that are pre-purchased by official emissions inspection stations for the purpose of performing emission inspections. |
(l) | "Emission Inspection" means all tests and inspections required by the Act and this Chapter, including an on-board diagnostic system check, a fuel cap test, a tampering inspection, and an exhaust emissions test where applicable. |
(m) | "Emissions Inspector Certification Training Program Manual", means the manual supplied to inspectors during their initial and re-certification classes; the most current version of this manual is available on the Georgia Clean Air Force website at www.cleanairforce.com. |
(n) | "Emission Recall Compliance Check" means determining whether a recall campaign has been issued by the original equipment manufacturer of a vehicle. |
(o) | "E-VIN" means the Electronic Vehicle Identification Number embedded in the OBD computer system on 1996 and later model year vehicles. |
(p) | "EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources. |
(q) | "Exhaust Emission Test" means the determination of the amount of specified gases in a vehicle's exhaust by use of the 2-speed idle (TSI) test. |
(r) | "Fleet Vehicle" means a motor vehicle owned or leased by a person engaged in a commercial activity, utility service, or government service; or a motor vehicle offered for sale, rent, or lease at a business which is licensed to sell, rent, or lease motor vehicles. |
(s) | "Fuel Cap Test" means the determination of the ability of the fuel cap(s) to retain pressure. |
(t) | "Gas Calibration" means the calibration of the Georgia Analyzer System (GAS) by the use of a manufactured calibration gas. |
(u) | "Georgia Analyzer System" (GAS) means the test systems approved by EPD for use in performing emission inspections in Georgia in accordance with the Act and this Chapter. |
(v) | "Georgia Analyzer System Hardware and Software Specifications" (GAS Specs) means the Georgia Analyzer System Hardware and Software Specifications, Phase V, August 31, 2016, which contains the hardware and software requirements for a GAS. |
(w) | "Georgia's Clean Air Force" (GCAF) means the partnership between EPD and the Management Contractor to implement Georgia's Enhanced Motor Vehicle Emission Inspection and Maintenance Program (I/M Program). |
(x) | "Grandfathered Vehicle" means a vehicle manufactured outside of the United States and certified to meet foreign emission standards, but which has subsequently been legally imported into the United States and is subject to the provisions of the Act and this Chapter. Such vehicles are approved by EPD to comply with alternative tail pipe emission standards for that Model Year vehicle. |
(y) | "Gray Market Vehicle" means vehicles which are manufactured for use outside of, and imported into, the United States. |
(z) | "GVWR" means the gross vehicle weight rating, i.e., the weight of the vehicle and contents when loaded to its maximum capacity, as established by the vehicle manufacturer. |
(aa) | "Hot Rod" means a vehicle in which the original engine has been replaced with an engine from another manufacturer, or with a different type of engine from the same manufacturer which was never installed in that model vehicle. For the purposes of this definition, a different type of engine will include engines with a different number of cylinders from any engine which was originally installed in that make of vehicle. It will not include engines of the same family, e.g., Chevrolet V8s of 283, 305, 327, 350 and 400 cubic inch displacement, nor will it include engines different from the original, but which were also installed in that make of vehicle, e.g., gasoline for diesel engine swaps in General Motors or Volkswagen vehicles, or V8 for V6 swaps where both engines were installed in that model vehicle by the manufacturer for retail sale. |
(bb) | "Idle RPM" means for vehicles equipped with a manual transmission, the manufacturer's recommended engine speed with the transmission in neutral or with the clutch disengaged. For vehicles equipped with an automatic transmission, idle revolutions per minute (RPM) means the manufacturer's recommended engine speed with the transmission in neutral or park. |
(cc) | "Inspection Term" means the period of time a certificate of emission inspection shall be considered valid. The specific period of an inspection term is established in this Chapter. |
(dd) | "Inspector" means a person certified by the Director to perform emission inspections in accordance with the requirements of the Act and this Chapter. |
(ee) | "Kit Car" means a motor vehicle which does not utilize a chassis from a vehicle certified by the manufacturer to meet emission control standards or for which the original manufacturer's identification has been eliminated due to the replacement of the vehicle's body with one of a different make and/or style. |
(ff) | "Light Duty Truck" means any motor
vehicle with a GVWR of 8500 pounds or less which has a vehicle curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square
feet or less, which is:
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(gg) | "Light Duty Vehicle" means a passenger car or passenger car derivative, capable of seating 12 passengers or less with a GVWR of 8500 pounds or less. |
(hh) | "Management Contractor" means the person, corporation or entity under contract to design and operate the data management system and to perform other functions for the I/M Program. |
(ii) | "Malfunction Indicator Light (MIL)" means a light on the dashboard of OBD equipped vehicles that notifies the driver that an emission related fault has been detected and the vehicle should be repaired as soon as possible. |
(jj) | "Non-conforming Vehicle" means vehicles that were not built to standards set by the EPA. |
(kk) | "On-Board Diagnostic (OBD) System" means a computer system installed on 1996 or later model year vehicles as required by Section 202(m) of the Clean Air Act ( 42 U.S.C. 7521) which is designed to identify engine or primary emission control component problems which cause excess emissions. |
(ll) | "On-Board Diagnostic (OBD) System Check" means the determination of readiness codes and diagnostic trouble codes stored within the memory of the on-board diagnostic system. |
(mm) | "Primary Emission Control Component" means the catalytic converter, air injection system, exhaust gas recirculation system or other major component, as determined by the Director, which is installed on a vehicle primarily for the purpose of emission control. |
(nn) | "Public Vehicle" means a motor vehicle that is not a fleet vehicle. |
(oo) | "Recognized Repair Technician" means any person professionally engaged in vehicle repair, employed by an ongoing business whose purpose is vehicle repair or possessing a nationally recognized certification for vehicle emission related diagnosis and repair. |
(pp) | "Responsible Motor Vehicle" means any motor vehicle defined as a light duty vehicle or a light duty truck, excluding any motor vehicle exempted from the Act and this Chapter such as vehicles not in a Covered County as defined in 391-3-20-.02. |
(qq) | "Revolutions per Minute" (RPM) means the number of times the crankshaft of an engine makes a complete 360 degree turn in one minute (60 seconds). |
(rr) | "State-Certified Emissions Inspection Station" means a facility that has met all the qualifications of this Act and this Chapter and is certified by the Director. |
(ss) | "Station Owner" means the individual, partnership, firm, corporation, association, municipality, governmental agency, lessee, or other entity having ownership of or control of the daily operation of an inspection station. |
(tt) | "Tampering Inspection" means the determination of whether the catalytic converter(s) as installed by the original manufacturer has been removed from the vehicle or modified. |
(uu) | "Time Extension" means any time extension as defined in section "Extensions and Reciprocal Inspections." of these rules and issued by EPD, the Management Contractor or an authorized agent of EPD to the owner of a responsible motor vehicle certifying that such owner and vehicle have met the requirements in the Act and this Chapter for extending the time to comply with the emission inspection requirement. |
(vv) | "Vehicle" means a motor vehicle. |
(ww) | "Vehicle Information Database" (VID) means the data collection and management system for Georgia's Enhanced Motor Vehicle Emission Inspection and Maintenance Program (I/M Program) that contains current and historical program data. The VID is comprised of data collection tables, including the table of inspection records. The term "VID" is used to refer to the VID as a whole or to any part, e.g., Enforcement database, Audit database, Emission Inspections database, and Waiver database. |
(xx) | "Waiver" means the official form issued by EPD, the Management Contractor or an authorized agent of EPD to the owner of a responsible motor vehicle certifying that such owner and vehicle have met the requirements in the Act and this Chapter for obtaining a waiver of the emission inspection requirement. |
(yy) | "2-speed idle (TSI) test" means an exhaust emission test where the vehicle under test is run at an idle revolutions per minute (RPM) speed and a higher RPM speed as defined in the GAS Specs. |
Rule 391-3-20-.02 Covered Counties
The requirements of this Chapter apply to responsible motor vehicles in the following designated counties:
(a) | Cherokee; |
(b) | Clayton; |
(c) | Cobb; |
(d) | Coweta; |
(e) | DeKalb; |
(f) | Douglas; |
(g) | Fayette; |
(h) | Forsyth; |
(i) | Fulton; |
(j) | Gwinnett; |
(k) | Henry; |
(l) | Paulding; and |
(m) | Rockdale. |
Rule 391-3-20-.03 Covered Vehicles; Exemptions
(1) | The requirements of this Chapter apply to
the following classes of gasoline-powered responsible motor vehicles, as
defined by the Act, registered or required to be registered in Covered
Counties:
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(2) | The requirements of this Chapter also
apply to the following vehicles in the classes listed above which are operated
in Covered County:
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(3) | Vehicles which are capable of being operated on both gasoline and any alternate fuel are covered by the inspection requirements, and shall be tested on gasoline. |
(4) | New vehicles are exempt from the emission inspection requirement until the inspection term three years following the model year of the vehicle. |
(5) | EPD may require that any vehicle registered or operated in the Covered Counties but which is claimed to be not subject to the requirements of the State Inspection Program, be presented for verification that the vehicle is not subject. |
(6) | For vehicles which do not have the original engine, the model year of the chassis will be considered the model year of the vehicle. |
(7) | For kit cars, the model of the vehicle shall be deemed to be the model year of the vehicle as established in the vehicle registration database maintained by the Georgia Department of Revenue, Motor Vehicle Division or its successor agency. |
(8) | Provisions for grandfathered vehicles, i.e., gray market vehicles, kit cars, hot rods, and non-conforming vehicles are described in this subparagraph. Owners of vehicles which qualify as gray market or non-conforming vehicles may request special inspection standards as described in Rule 391-3-20-.05(2). Such vehicles will be subject to the special inspection standards at subsequent inspections. Kit cars and hot rods which are newly registered in the Covered Counties after December 31, 1998, are not eligible for the special standards. |
(9) | A vehicle which is otherwise subject to the provisions of this Chapter is exempt from inspection if it is driven less than 5,000 miles per year, is 10 model years old or older and the current primary registered owner is a person 65 years old or older. |
(10) | No responsible motor vehicle shall be registered in a Covered County unless it has received a valid passing Certificate of Emission Inspection, a time extension or a waiver meeting all requirements of the Act and this Chapter. |
Rule 391-3-20-.04 Emission Inspection Procedures
(1) | Prior to performing an emission inspection, the inspector shall determine whether the vehicle has leaking fluids, is overheating, or is otherwise unsafe to inspect. The inspector shall not perform an emission inspection on any vehicle which is unsafe to inspect. |
(2) | Inspectors
shall perform a complete emission inspection on any responsible motor vehicle
presented for an initial inspection, in accordance with the requirements of the
Act and this Chapter and the procedures as prompted by the GAS, including the
following:
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(3) | The station owner and inspector shall take all reasonable precautions to avoid damage to vehicles during the emission inspection. |
(4) | EPD may require alternate procedures for certain types or classes of vehicles when it determines that such alternate procedures are necessary to safely and effectively inspect such vehicles. |
(5) | Emission inspections may be performed on any vehicle when done "at motorist's request," for reasons such as performing a reciprocal inspection for a motorist to meet the emission inspection requirements in his or her state of residence, as allowed by the Georgia Analyzer System software. The inspection procedure to be performed by certified inspectors shall be as prompted by the GAS. |
(6) | Inspectors shall perform a reinspection of the portions previously failed during an emission inspection on any vehicle presented for an after repairs inspection, in accordance with the requirements of the Act and this Chapter and the procedures as prompted by the GAS. |
Rule 391-3-20-.05 Emission Standards
(1) | An inspector
shall not perform a tampering inspection, an exhaust emission test, a fuel cap
test, or an OBD system check on a vehicle which:
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(2) | The
inspector shall not issue a Certificate of Emission Inspection indicating an
overall passing result for the emission inspection unless the inspector has
inspected the vehicle in accordance with the requirements of the Act and this
Chapter and the vehicle has passed the tampering inspection, the OBD system
check, the fuel cap test, and the exhaust emissions test where applicable.
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Rule 391-3-20-.06 On-Road Testing of Exhaust Emissions by Remote Sensing Technology or Other Means
(1) | Covered vehicles are expected to meet emission standards at all times. EPD may use on-road testing measures such as remote sensing technology or other methods established by the Director to evaluate at least 0.5% of the vehicle population or 20,000 vehicles, whichever is less, for the on-road testing and high emitter requirement. Covered vehicles that appear to be producing exhaust emissions in excess of the applicable emission standards may be presumed to be high emitting vehicles. If EPD identifies a vehicle as a high emitter, EPD shall notify the owner of an identified vehicle to present his or her vehicle for an emission inspection under Rules 391-3-20-.04 and 391-3-20-.05. An owner so notified by EPD must present his or her vehicle for an emission inspection within thirty (30) days. Vehicles which fail such inspection shall be required to be reinspected and pass such reinspection as required by Rule 391-3-20-.15. |
Rule 391-3-20-.07 Inspection Equipment System Specifications
(1) | Georgia Analyzer Systems (GAS) Approval.
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(2) | EPD-approved GAS shall contain features to prevent tampering by unauthorized personnel. No unauthorized person shall override or circumvent or attempt to override or circumvent said anti-tampering features. |
(3) | No person shall modify or install parts in a GAS unless such modification or installation of parts has been approved in writing by EPD. |
(4) | Station owners shall acquire all available fuel cap adapters and the most recent Fuel Cap Testing Application Chart, as published by the fuel cap manufacturers: Stant and/or Hickok Waekon, for the adapters being used for those model year vehicles that are subject to this Chapter and are authorized to be inspected at that station. |
Rule 391-3-20-.08 Quality Control and Equipment Calibration Procedures
(1) | All Georgia Analyzer Systems (GAS) shall, at a minimum, be calibrated according to the procedures and schedules as prompted by the GAS. |
(2) | No person
shall operate a GAS for the purpose of performing an emissions inspection
unless the Georgia Analyzer System:
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(3) | Any station or GAS that has not performed an inspection in more than 90 days, shall not resume performing inspections until the Management Contractor has been contacted and a passing audit has been performed by the Management Contractor on the station's GAS(s). |
Rule 391-3-20-.09 Inspection Station Requirements
(1) | Classes of
stations - There shall be two classes of inspection stations: regular
inspection stations and fleet inspection stations. Regular inspection stations
shall be public inspection stations and may inspect no more than ten (10)
vehicles per year which are owned incidental to the operation of the business.
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(2) |
General Requirements for Inspection Stations
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(3) | Additional
Requirements for Fleet Inspection Stations.
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(4) | Quality Assurance for Fleet
Vehicles.
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Rule 391-3-20-.10 Certificates of Authorization
(1) | The Director shall issue a Certificate of Authorization to the station owner if the station owner has demonstrated to EPD that the inspection station for which the application has been submitted meets all requirements of the Act and this Chapter. |
(2) | The Certificate of Authorization shall allow the station owner to operate an inspection station as described in its application. |
(3) | The Director may suspend or revoke a Certificate of Authorization as authorized by the Act. |
(4) | Unless suspended, revoked, or the station is closed-out, the Certificate of Authorization shall be valid for two years. For station owners intending to renew their certificate, a station owner must apply for renewal of the Certificate by submitting a complete application at least 30 days prior to the expiration of the existing Certificate. |
(5) | Upon
the sale of an inspection station, or the discontinuation of emission
inspections, the station owner named on the Certificate of Authorization shall:
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(6) | A Certificate of Authorization is only valid for the owner and location for which it is issued. A Certificate of Authorization shall not be assigned, transferred, or used by any other person, business or entity, other than as shown on the Certificate of Authorization. A Certificate of Authorization shall not be assigned, transferred, or used at any location other than the location shown on the Certificate of Authorization. Upon a change in ownership of an inspection station, the new owner(s) must apply for and receive a new Certificate of Authorization prior to operating the station. |
(7) | The Director may deny issuance or renewal of a Certificate of Authorization for cause including, but not limited to the compliance history of the inspection station, its inspectors, its employees and all persons having any ownership, financial and/or operational interest in the station. |
Rule 391-3-20-.11 Inspector Qualifications and Certification
(1) | No
person shall perform an emission inspection, or any part of an emission
inspection, or issue a Certificate of Emission Inspection, unless he or she:
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(2) | The EPD-approved training program will
include information on:
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(3) | Inspectors must demonstrate knowledge and proficiency in proper inspection procedures. Inspectors must pass (with 80% correct answers) a written test on all aspects of the training. Inspectors must also pass a practical test by demonstrating that they have knowledge about conducting all parts of the inspection correctly. |
(4) | The Director shall issue a Certificate and one Inspector picture ID badge to inspectors who satisfactorily complete the EPD-approved training program and pass the written and hands-on tests. Certificates may be suspended or revoked at any time, after notice and offer of a hearing, for failure to conduct inspections properly or to otherwise comply with the Act or this Chapter. |
(5) | Unless suspended,
revoked or voluntarily surrendered, a Certificate issued by the Director is
valid for two years from the date of issuance.
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(6) | No inspector shall perform an emissions inspection unless he or she is wearing his or her EPD-issued Inspector picture ID badge so the picture is clearly visible on his or her front upper body area. Replacement of a lost, missing, damaged or illegible ID badge is the responsibility of the inspector at a cost of twenty-five dollars ($25.00) paid to the Management Contractor. |
(7) | No inspector shall hold, or attempt to fraudulently obtain two (2) or more valid Certificates. |
(8) | Whenever an inspector, after applying for and receiving a Certificate, moves from the address listed in his or her application, the inspector shall notify the Management Contractor of his or her change of address no later than the next business day. The address in the application or as updated by the inspector shall serve as the address for any and all notice required by law. |
(9) | No unauthorized person shall use a certified emission inspector's personal access code to perform any part of an emission inspection. No certified emission inspector shall use the personal access code of another certified emission inspector to perform any part of an emission inspection. |
(10) | An inspector shall not divulge or authorize the use of his or her personal access code by any other person(s). An inspector shall be held responsible for all inspections performed by any person using his or her personal access code. |
(11) | Before an inspector may perform emissions inspections at a station, the Management Contractor must allow the inspector access to the test system(s) at the station. Inspectors must notify the Management Contractor at least three (3) business days before they begin employment at a given station, and no later than the next business day when they cease employment at a station. |
(12) | The Director may deny issuance or renewal of a Certificate for cause, including, but not limited to, the inspector's compliance history. |
Rule 391-3-20-.12 Schedules for Emission Tests
(1) | The inspection term shall be annual. |
(2) | All covered vehicles must have a current passing Certificate of Emission Inspection, time extension, or waiver to obtain a vehicle registration each year. A passing Certificate of Emission Inspection, time extension, or waiver shall be valid for no more than twelve (12) months and shall be used for no more than one registration renewal by the same owner, except as provided herein. |
(3) | Vehicles not subject to 391-3-20-.18, which are purchased or obtained by a resident of a covered county, must receive a passing Certificate of Emission Inspection, time extension, or waiver prior to being registered in a covered county. This inspection shall be performed within thirty (30) days of purchasing or obtaining the vehicle. Persons newly establishing residence in a covered county must receive a passing Certificate of Emission Inspection, time extension, or waiver for their covered vehicle(s) within thirty (30) days of establishing residence in the covered county. |
(4) | For vehicles which are inspected under paragraph (3), if the vehicle's next registration renewal date is less than 12 months after the date of the passing Certificate of Emission Inspection, time extension, or waiver, that Certificate, time extension, or waiver shall be valid for the current registration and for the next registration renewal by the same owner. |
Rule 391-3-20-.13 Certificate of Emission Inspection
(1) |
Inspectors shall provide the motorist or owner of a vehicle which has received
an emission inspection a Certificate of Emission Inspection. The Certificate
shall be in a form approved by EPD and printed by the GAS such that the
information on the Certificate is sharp, clear, legible, and suitable for
copying. The Certificate shall include:
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(2) | In the case of
a vehicle that fails the emission inspection, in addition to the failing
Certificate of Emission Inspection, the inspector shall provide to the vehicle
owner:
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(3) | Station owners shall purchase E-Certs from EPD or the Management Contractor at a price established by this Chapter. The method for fee collection and E-Cert distribution shall be as established by EPD. |
Rule 391-3-20-.14 Reserved
Rule 391-3-20-.15 Repairs and Retests
(1) | Owners of vehicles which fail any portion of the emission inspection shall have necessary maintenance and repairs performed. Vehicles which are brought to an inspection station operated by the same owner as the station which performed the original inspection within 30 days of an inspection failure, will be given one reinspection at no additional charge. If any additional reinspections are required to pass the inspection requirement, another inspection fee shall be charged. This fee will cover one reinspection and, if required, one additional reinspection. |
(2) | Owners of vehicles presented for reinspection shall present a completed Emissions Repair Form. No reinspection, whether paid or unpaid, shall be performed unless the repair information form has been completed and submitted to the inspection station. The repair information form should be completed by the repair facility which repaired the vehicle or by the vehicle owner. The information from the form shall be entered into the VID by the inspector performing the reinspection. |
(3) | Repairs by the owner or other persons who are not recognized repair technicians are permitted; however, the cost of such repairs, except repairs to primary emission control components, shall not be counted toward a waiver for any 1980 or newer model year vehicle. |
(4) | Except as noted, reinspections shall consist only of the failed portions of the previous inspection, i.e., exhaust, fuel cap, tampering, OBD, provided the previous inspection results are retrieved electronically by the GAS. For an exhaust emission reinspection, the vehicle must pass the inspection for all required pollutants (HC, CO). For an OBD system reinspection, the vehicle must pass the complete OBD system check. |
(5) | Vehicles which pass the reinspection will receive a passing Certificate of Emission Inspection. |
(6) | A station owner that is not the owner of the inspection station which performed the previous initial inspection or paid after-repairs reinspection may perform a free after-repairs reinspection provided the free after-repairs reinspection is performed within 30 days of the previous inspection, and the previous inspection was a paid inspection. |
(7) | When the inspector is presented with a vehicle for a reinspection, the inspector shall verify that the vehicle being submitted for the reinspection matches the vehicle specified on the previous failing Certificate of Emission Inspection and on the Emissions Repair Form. |
(8) | No station owner or inspector shall charge the motorist or vehicle owner for an after-repairs reinspection, unless a new E-Cert is used and a new Certificate of Emission Inspection is issued containing a new number. The number of any previously issued Certificate of Emission Inspection shall be used only for a reinspection that is free of charge to the motorist or vehicle owner and only in accordance with the requirements of this Chapter. |
Rule 391-3-20-.16 Extensions and Reciprocal Inspections. Amended
(1) | Owners of vehicles which are temporarily stationed in a location which is outside the covered counties, and which cannot obtain a reciprocal inspection by another State's emission inspection program, or be easily brought to the covered counties for inspection may request an extension of time to comply. Each request for an extension shall include current proof that the vehicle and owner are stationed outside the covered counties, e.g., military orders, school registration or other documentation acceptable to EPD. Extensions may be granted for up to one year. |
(2) | Vehicles stationed outside the covered counties may comply with the inspection requirement by passing a reciprocal emission inspection from an inspection program approved by the U.S. Environmental Protection Agency. |
(3) | Extensions may be granted by EPD, the Management Contractor or an authorized agent of EPD. |
(4) | Extensions are valid for no more than one inspection term and shall be used for no more than one registration renewal. |
Rule 391-3-20-.17 Waivers
(1) | Vehicles which fail a reinspection despite expenditures over a set dollar amount on appropriate repairs and which have met certain other criteria may be granted a waiver from complying with the inspection requirements for that registration period. Expenditures must be reasonable costs as determined by the Director. |
(2) | In order to obtain a
waiver the following criteria must have been met:
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(3) | Waivers are valid for no more than twelve (12) months and shall be used for no more than one registration. |
Rule 391-3-20-.18 Sale of Vehicles
(1) | No person may sell a responsible motor vehicle intended for highway use unless that vehicle has a current valid passing certificate of emissions inspection if, after purchase, the vehicle will be registered in one of the Covered Counties listed in rule 391-3-20-.02. |
(2) | A current valid passing Certificate of Emission Inspection is not required for any motor vehicle that might otherwise be subject to a pre-sale emission inspection, but is sold for salvage or for parts rather than for use as a motor vehicle on the streets and highways, provided that said vehicle is not in fact operated on the streets and highways, but is towed or hauled by some other vehicle. The purpose for which the vehicle is sold shall be indicated by the seller on the bill of sale. |
Rule 391-3-20-.19 Management Contractor
(1) | The Director, on behalf of the Board of Natural Resources, may contract with any person, corporation or entity as necessary to implement and adequately enforce and ensure compliance with the State Inspection Program. The Department may contract for the design and operation of a centralized data system and other functions as determined by the Director. |
(2) | The Management Contractor will be responsible for designing and maintaining an inspection database that will include all vehicles subject to inspection in the covered counties. This database will include all inspection-related information required by the Act and this Chapter or by the management contract. Access to the information in this database shall be made available to EPD for oversight, data analysis and other purposes, and to the Georgia Department of Revenue, Motor Vehicle Division or its successor agency for the purpose of determining compliance with the inspection requirement for vehicles which are to be registered. Data in this database may not be used for any other purpose unless specifically authorized by the Director. |
(3) | The Management Contractor, and its employees, shall not be engaged in, or have any financial interest in, the repair of motor vehicles, or in the operation of any emission inspection station. Financial interest in the repair of vehicles shall include the ownership or operation of repair facilities or the sale of motor vehicles or motor vehicle parts. |
Rule 391-3-20-.20 Referee Program
(1) | Should a vehicle owner question the emission inspection procedures, GAS accuracy or validity of the inspection results, the owner may request that a referee inspection be performed on the vehicle, provided no repairs have been made on the vehicle since the inspection in question. The owner must request the referee inspection within fifteen (15) business days of the inspection in question. |
(2) | Referee inspections shall be observed by EPD or the Management Contractor at a mutually agreed upon time at the inspection station where the inspection in question was performed. |
(3) | Prior to any referee inspection, EPD or the Management Contractor will review all calibration records to ensure that the GAS at the applicable station are meeting the appropriate specifications. EPD or the Management Contractor will then observe the referee inspection performed by station personnel to ensure that it is properly performed. |
(4) | If the vehicle passes the referee test, the vehicle will be given a passing Certificate of Emission Inspection. |
(5) | EPD may request that a referee inspection be performed on a vehicle at any reasonable time. |
Rule 391-3-20-.21 Inspection Fees
(1) | The emission inspection fee shall be due from the motorist or vehicle owner when the vehicle starts the inspection process. Vehicles which are rejected prior to the start of the inspection process for being unsafe to inspect shall not be charged a fee. |
(2) | The emission inspection fee paid by the motorist or vehicle owner to the inspection station owner shall consist of the program administration fee plus a fee for performing the inspection. The emission inspection fee shall be established by the inspection station owner but shall be no less than $10.00 and no more than $25.00. The fee will cover an initial inspection, plus one free reinspection. Another reinspection fee will be charged for subsequent re-inspections; this fee will cover one reinspection and, if required, one additional reinspection. |
(3) | Program Administration Fees.
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Rule 391-3-20-.22 Enforcement
(1) | The administration and enforcement of this Chapter shall be as prescribed in the Act and in compliance with the minimum applicable requirements as prescribed by the Georgia Administrative Procedures Act (O.C.G.A. Section 50-13-1, et seq., as amended). |
(2) | Suspensions
and Revocations.
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(3) | Any inspection station whose Certificate of Authorization has been revoked or surrendered as a result of enforcement action will not be eligible for listing in the Repair Watch Public Report. |