(1) (a) Any person in whose name twenty or more motor vehicles, required to be inspected, are registered in this state or to whom said number of vehicles are leased for a period of not less than six continuous months and who operates a motor vehicle repair garage or shop adequately equipped and manned, as required by section 42-4-308 and the rules and regulations issued pursuant thereto, may be licensed to perform said inspections as a fleet inspection station. Said inspections shall be made by licensed emissions inspectors or emissions mechanics. Such stations shall be subject to all licensing regulations and supervision applicable to inspection and readjustment stations. Fleet inspection stations shall inspect fleet vehicles in accordance with applicable requirements pursuant to rules and regulations promulgated by the commission. No person licensed pursuant to this section may conduct emissions inspections on motor vehicles owned by employees of such person or the general public, but only on those vehicles owned or operated by the person subject to the fleet inspection requirements. Any such motor vehicles are not eligible for a certificate of emissions waiver and shall be inspected annually. The commission shall promulgate such rules as may be necessary to establish non-loaded mode static idle inspection procedures, standards, and criteria under this section.
(b) Each fleet operator licensed or operating within the enhanced program area who is also licensed to operate a fleet inspection station shall assure that a representative sample of onehalf of one percent or one vehicle, whichever is greater, of such operator's vehicle fleet is inspected annually at an inspection-only facility or enhanced inspection center. An analysis of the data gathered from any such inspection shall be performed by the department of public health and environment and provided to the department of revenue to determine compliance by such fleet with the self-inspection requirements of this section. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if such certification was issued when the vehicle was new.
(2) (a) As an alternative to subsection (1) of this section, any person having twenty or more vehicles registered in this state that are required to be inspected pursuant to section 42-4310 may contract for periodic inspection services with a contractor or an inspection-only facility. Such inspections shall be in compliance with non-fleet vehicle requirements as specified in this part 3 and shall be performed by an authorized or licensed emissions inspector who shall be subject to all requirements and oversight as applicable.
(b) Upon retail sale of any vehicle subject to fleet inspection to a party other than a fleet operator, such vehicle shall be inspected at an authorized enhanced inspection center, licensed inspection-only facility, or licensed inspection and readjustment station, as applicable. A certificate of emissions compliance shall be required as a condition of the retail sale of any such vehicle.
(3) (a) Any person licensed as a motor vehicle dealer pursuant to part 1 of article 20 of title 44 in whose name twenty or more motor vehicles are registered or inventoried or consigned for retail sale in this state that are required to be inspected shall comply with the requirements of section 42-4-310 for the issuance of a certificate of emissions compliance at the time of the retail sale of the vehicle.
Within the enhanced emissions program, motor vehicle dealers licensed pursuant topart 1 of article 20 of title 44 may contract for used motor vehicle inspection services by a licensed motor vehicle dealer test facility. Pursuant to rules of the commission, inspection procedures shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests.
1981 and older model vehicles held in inventory and offered for retail sale by a usedvehicle dealer may be inspected by a licensed inspection-only facility.
Within the basic emissions program, any person licensed as a motor vehicle dealerpursuant to part 1 of article 20 of title 44 may be licensed to conduct inspections pursuant to subsections (1) and (2) of this section.
Nothing in this section shall preclude a fleet or motor vehicle dealer test facility fromparticipating in the basic or enhanced emissions program pursuant to this part 3 with the requirements of such program being determined by the county of residence or operation.
(a) Motor vehicle dealers selling any vehicle to be registered in the enhanced program area shall comply with the enhanced program requirements.
Motor vehicle dealers selling any vehicle to be registered in the basic program areashall comply with the basic program requirements.
If used motor vehicles for sale have been inspected by a motor vehicle dealer testfacility, the motor vehicle dealer shall comply with the standards and requirements established for motor vehicle dealer test facilities.
(6) (a) On and after June 1, 1996, a motor vehicle dealer or a used motor vehicle dealer licensed pursuant to part 1 of article 20 of title 44 that sells any vehicle subject to the enhanced emissions program may comply with sections 42-4-304 (3)(d) and 42-4-310 by providing the consumer of the vehicle a voucher purchased by the dealer from the contractor for the centralized enhanced emissions program, with or without charge to the consumer, up to the maximum amount charged for an emissions inspection at an enhanced inspection center. The voucher shall cover the cost of an emissions inspection of the vehicle at an enhanced inspection center and shall entitle the consumer to such an emissions inspection.
If a vehicle inspected with a voucher as authorized in this paragraph (b) fails a test atan enhanced inspection center and is returned within three business days after its purchase, the dealer, at its option, shall repair the motor vehicle to pass the emissions test, pay the consumer to obtain such repairs to pass the emissions test from a third party, or repurchase the vehicle at the vehicle's purchase price. After such payment, repair, or repurchase, a dealer shall have no further liability to the consumer for compliance with the requirements of the enhanced emissions program.
The voucher to be delivered at time of sale shall set forth the conditions described inparagraph (b) of this subsection (6) on a form prescribed by the department of revenue.
(7) A motor vehicle dealer shall have a motor vehicle inspected annually pursuant to section 42-4-310, but shall not be required to have such vehicle inspected more than once a year.
Source: L. 94: (1)(b) amended, p. 2812, § 587, effective July 1; entire title amended with relocations, p. 2296, § 1, effective January 1, 1995. L. 96: (6) added, p. 1352, § 1, effective June 1. L. 2003: (1)(b) amended and (7) added, p. 1603, § 3, effective August 6. L. 2017: (3)(a),
(3)(b), (3)(d), and (6)(a) amended, (SB 17-240), ch. 395, p. 2066, § 52, effective July 1. L. 2018: (3)(b) amended, (HB 18-1375), ch. 274, p. 1724, § 88, effective May 29; (3)(a), (3)(b), (3)(d), and (6)(a) amended, (SB 18-030), ch. 7, p. 141, § 18, effective October 1.
Editor's note: (1) This section is similar to former § 42-4-311 as it existed prior to 1994, and the former § 42-4-309 was relocated to § 42-4-306.
Amendments to subsection (1)(b) by House Bill 94-1029 were harmonized with Senate Bill 94-001.
Amendments to subsection (3)(b) by HB 18-1375 and SB 18-030 were harmonized.