110.20 Motor vehicle emission inspection and maintenance program.

1,227 words·~6 min read·/wi/chapter-110/110-20-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section, unless the context requires otherwise:

(ac)“Air pollution control equipment” has the meaning given in s. 285.30

(a)1.

(am)“Federal act” means the federal clean air act, 42 USC 7401 et seq., and regulations issued by the federal environmental protection agency under that act.

(b)“Nonexempt vehicle” means any motor vehicle as defined under s. 340.01

(35)which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under s. 285.30

(2)applies.

(c)“Nontransient emissions inspection” means an emissions inspection conducted on a vehicle without the use of a chassis dynamometer to vary vehicle engine loads.

(2)Program established. The department shall establish an inspection and maintenance program as provided in this section.

(3)Purpose.

(a)The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under s. 285.30

(2)and compliance with s. 285.30

(6).

(c)The inspection and maintenance program may be designed to provide information on the fuel efficiency of nonexempt vehicles.

(d)The inspection and maintenance program shall be designed and operated to comply with the requirements of the federal act.

(4)Departmental cooperation. The department shall consult and cooperate with the department of natural resources in order to efficiently and fairly establish and administer the program established under this section.

(5)Counties. The department shall operate the inspection and maintenance program in each of the following counties:

(a)Any county identified in a certification under s. 285.30

(3). The department shall terminate the program in the county when the county is withdrawn under s. 285.30

(4). If the program is being operated under contract, termination shall occur at the end of the contractual period in effect.

(b)Any county whose board of supervisors has adopted a resolution requesting the department to establish an inspection and maintenance program in the county for the purpose of improving ambient air quality beyond the standards mandated by section 7409 of the federal act. The department shall terminate the program in the county when the county board adopts a resolution requesting termination of the program. If the program is being operated under contract, termination shall occur at the end of the contractual period in effect.

(6)Mandatory inspection.

(a)The program shall require an emissions inspection under sub.

(11)of any nonexempt vehicle customarily kept in a county identified in sub.

(5)as follows:

1. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under sub.

(d)prior to renewal of registration in the 4th year after the nonexempt vehicle’s model year and every 2 years thereafter, except as provided in sub.

(j).

2. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under sub.

(d)of registration other than renewal if the year of registration is at least 6 years after the nonexempt vehicle’s model year.

3. For a nonexempt vehicle that is registered under s. 341.26

(2m), owned by the United States or subject to one-time registration, at any time during the 4th year following the nonexempt vehicle’s model year and every 2 years thereafter.

4. For a nonexempt vehicle, whenever the owner of the vehicle is notified under sub.

(g)that an emissions inspection must be performed.

(b)The program shall require an air pollution control equipment inspection to determine compliance with s. 285.30

(6)of any nonexempt vehicle customarily kept in a county identified in sub.

(5)whenever a nontransient emissions inspection is performed or at the time of application for a waiver under sub.

(13).

(6m)Prohibited inspections. The department may not require an emissions inspection of any vehicle prior to the inspection of the vehicle scheduled under sub.

(a)1. or

(d)or

(j)if an interest in the vehicle is transferred to a surviving spouse under s. 342.17

(4).

(7)Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub.

(bm), the vehicle may be inspected.

(8)Contractors and other inspection methods.

1. The emissions test and equipment inspection of nonexempt vehicles may be performed by persons under contract with the department. Each such contract shall require the contractor to operate inspection stations, which may be permanent or mobile, for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun.

No officer, director or employee of the contractor may be an employee of the department. The department may contract with any person, including any person engaged in the business of selling, maintaining, or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub.

(5).

1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par.

(bm), than those used at inspection stations that are not self-service.

2. The department may require the contractor to test the fuel efficiency of nonexempt vehicles during emission inspections.

3. The department may delegate to the contractor specified registration functions of the department under ch. 341 . The department may direct the contractor to perform specified registration functions under ch. 341 .

4. The department may delegate to the contractor functions associated with the issuance of a temporary operating permit under sub.

(b)or the waiver of compliance under sub.

(a)or both.

6. The contractor shall collect, maintain and report data as the department requires. The department shall reserve the right to enter and inspect test station premises, equipment and records at all reasonable times in the discharge of its administrative duties.

7. Each contract under subd. 1. may authorize the contractor to enter into subcontracts for the performance of any of the contractor’s functions or duties under the contract. In performing any such function or duty, a subcontractor shall comply with all requirements applicable to the contractor. With the department’s approval, the contractor may subcontract with any person engaged in the business of selling, maintaining, or repairing motor vehicles or of selling motor vehicle replacement or repair parts.

8. Each contract under subd. 1. shall require that, if an emissions inspection is performed by a contractor or subcontractor engaged in the business of selling, maintaining, or repairing motor vehicles or of selling motor vehicle replacement or repair parts and the inspection shows that the vehicle does not comply with applicable emission limitations, the contractor or subcontractor shall advise the vehicle owner as specified in sub.

(12).