280-RICR-30-15-1
280-RICR-30-15-1. Rhode Island Motor Vehicle Safety and Emission Control Regulation No. 1 (version Amendment, 11/16/2003 to 01/28/2009)
STATE OF RHODE ISLAND
DEPARTMENT OF ADMINISTRATION
DIVISION OF MOTOR VEHICLES
RHODE ISLAND MOTOR VEHICLE
SAFETY AND EMISSIONS CONTROL REGULATION NO. 1
Effective 9 November 2003
TABLE OF CONTENTS
1.
General Provisions ................................................................................................................................... 3
1.1
Definitions ........................................................................................................................................ 3
1.2 Applicability....................................................................................................................................... 7
1.2.3
Emissions and On-board Diagnostics ......................................................................................... 7
1.2.4
Safety .......................................................................................................................................... 7
1.2.5
Safety, Emissions and On-board Diagnostics ............................................................................. 8
1.3. Exemptions ....................................................................................................................................... 9
1.4. Rhode Island Vehicle Inspection Program Procedures.................................................................. 11
1.4.1
Inspection Frequency................................................................................................................ 11
1.4.2
Registration............................................................................................................................... 12
1.4.3
Inspection Fee........................................................................................................................... 12
1.4.4
Inspection Requirements........................................................................................................... 12
1.4.5
Inspection Prohibited ................................................................................................................ 12
1.4.6
Non-Factory Specification Vehicles ......................................................................................... 12
1.4.7
Requirements for Vehicle Registration..................................................................................... 13
1.5. Emission Standards and Criteria.................................................................................................... 14
1.6. Safety Inspection Standards and Criteria....................................................................................... 14
1.7. Vehicle Inspection Documentation................................................................................................. 15
1.7.1
Safety and Emissions Inspection Report................................................................................... 15
1.7.2
Addendum for Vehicles that Fail Emissions Inspection ........................................................... 16
1.7.3
Refused Inspection Report........................................................................................................ 16
1.7.4
Reinspection.............................................................................................................................. 17
1.7.5
Evidence of Inspection Compliance.......................................................................................... 18
1.8. Challenge Mechanism .................................................................................................................... 18
1.9. Waivers........................................................................................................................................... 18
1.9.1
Waiver Requirements and Conditions....................................................................................... 18
1.9.2
Repair Time Delay.................................................................................................................... 20
1.9.3
Compliance by Diagnostic Inspection....................................................................................... 20
1.10
Financial Accounting................................................................................................................. 21
1.11
Document Security..................................................................................................................... 21
1.12
Prohibitions and Penalties......................................................................................................... 21
1.12.1
Prohibitions............................................................................................................................... 21
1.12.2
Penalties.................................................................................................................................... 22
1.13.
Proceedings for Enforcement .................................................................................................... 23
1.13.1
Jurisdiction - Criminal Penalties ............................................................................................... 23
1.13.2
Jurisdiction - Administrative Penalties ..................................................................................... 23
1.14.
Authorization and Certification................................................................................................. 23
1.14.1
Authorized Inspection Repair Station ....................................................................................... 23
1.15
Denial, Suspension, or Revocation of Authorization ................................................................. 24
1.15.1
Denial......................................................................................................................................... 24
1.15.2
Violations................................................................................................................................... 24
1.15.3 Finding of Fact........................................................................................................................... 24
1.15.4
Failure to Comply ...................................................................................................................... 25
1.15.5
Appeals ...................................................................................................................................... 25
1
1.16
Certified Inspection Repair Technician..................................................................................... 26
1.16.1
Requirements ............................................................................................................................ 26
1.16.2
Application................................................................................................................................ 26
1.17
Certified Inspection Technician................................................................................................. 26
1.17.1
Requirements ............................................................................................................................. 26
1.17.2
Application................................................................................................................................. 27
Decision............................................................................................................................................................. 28
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1. General Provisions
In accordance with Rhode Island General Law 31-47.1, an act relating to the assurance of
motor vehicle safety and the control of vehicle emissions, these Motor Vehicle Safety and
Emissions Inspection Regulations No. 1 shall establish the Rhode Island Motor Vehicle
Inspection/Maintenance Program. Each regulation and each part of each regulation
contained herein is declared to be an independent regulation and the finding of any part or
parts thereof to be void, ineffective, or unconstitutional for any cause shall not affect the
remainder of these regulations of any part thereof.
1.1
Definitions
As used in these regulations, the following terms shall, where the context permits, be
construed as follows:
1.1.1
“Authorized Inspection Repair Station" and "AIRS" mean an
inspection location authorized by the Department to provide
motor vehicle safety and emission inspection and repairs, or
inspections only.
1.1.1
"Calibration" means the act of checking and adjusting the
exhaust emission analyzer by introducing reference gases of
known concentrations into the analyzer.
1.1.2
"CIRT" and "Certified Inspection Repair Technician" means a
person certified by the Department to provide both inspection
and repairs for motor vehicle safety and emissions.
1.1.3
"CIT" and "Certified Inspection Technician" means a person
certified by the Department to perform motor vehicle safety and
emission inspections.
1.1.4
"Compliance certificate" means a written document or device
with a serial number indicating that a motor vehicle complies
with the requirements of the Department's regulations.
1.1.5
"Day" means a calendar day, unless otherwise designated.
1.1.6
"Dealer" means a person or entity engaged in the business of
buying, selling, or exchanging vehicles and who has an
established place of business for such purpose and as further
defined in section 31.1.19 (a) of the Motor Vehicle Code.
1.1.7
"Department" means the Department of Administration.
1.1.8
"Director" means the Director of the Department of
Administration.
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1.1.9
"Emission control device" is a component installed on or in a
vehicle for the sole or primary purpose of reducing emissions
(not including those vehicle components which were in general
use prior to model year 1968 and the primary function of which
is not related to emission control).
1.1.10
"Exchange engine" means an engine other than the specific
engine originally installed by the vehicle manufacturer.
1.1.11
"Exhaust emissions standard" means the maximum allowable
levels of carbon monoxide, hydrocarbons and oxides of nitrogen
appropriate for the age and type of vehicle tested.
1.1.12
"Fleet vehicle" means a nonexempt motor vehicle owned or
leased by a fleet owner or operator.
1.1.13
"Gross vehicle weight rating (GVWR)" is the weight value
specified by the vehicle manufacturer on the Federal weight
certification label as the loaded weight of a vehicle.
1.1.15
“Hearing Board” means a board comprised of three (3)
members as designated by the Administrator of Motor Vehicles
to conduct hearings required by these regulations.
1.1.16 "Homemade Vehicle" means a vehicle which has been
materially altered from its original configuration so that it
cannot be visually identified as a vehicle produced by a
particular vehicle manufacturer; or a vehicle constructed entirely
from homemade parts, or parts from one or more vehicles, or
constructed by the use of custom kits and which cannot be
identified as a specific make or model.
1.1.17
"Inspection" means the testing of the exhaust and functional
emission controls along with a safety inspection of a subject
vehicle.
1.1.18
"Inspection report" means a document or device automatically
generated as a result of the enhanced safety and emission
inspection, containing detailed inspection information.
1.1.19
"Inspection station" means a facility for motor vehicle safety,
on-board diagnostics and emissions inspection operated by an
AIRS.
1.1.20
"IM240" means the transient dynamometer schedule described
in EPA Report number EPA-AA-EPSD-IM-93-1 April 1994.
1.1.21
"Model-year" means the manufacturer's annual production
period for each engine family which includes January 1 of a
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calendar year or, if the manufacturer has no annual production
period, the calendar year. In the case of any motor vehicle
manufactured in two or more stages, the time of manufacture
shall be the date of completion of the chassis.
1.1.22
"Motor vehicle" means every vehicle which is self-propelled,
except vehicles moved exclusively by human power and
motorized wheelchairs.
1.1.23
"Motor vehicle safety and emission inspection" means a test of
exhaust emissions of air contaminants from a motor vehicle and
any functional evaporative emission tests related to the emission
of air contaminants from a motor vehicle along with safety
device inspection conducted pursuant to these regulations.
1.1.24
"New Motor Vehicle" means a motor vehicle that the equitable
or legal title has never been transferred to the first person who in
good faith purchases the vehicle for purposes other than resale.
1.1.25
"Operator" means any person in control of a motor vehicle.
1.1.26 “On-board diagnostics” and “OBD” mean the system that
monitors and records the operations and faults of a vehicle’s
emissions controls and related systems.
1.1.27
"Person" means any individual, partnership, corporation,
whether private, public or quasi-municipal, municipality, state
governmental department or other legal entity.
1.1.28
"Reconstructed Vehicle" means a vehicle constructed from two
or more commercially manufactured vehicles of the same type
and year which has not been altered and is recognizable as a
commercially manufactured vehicle of a given year.
1.1.29
"RI2000" means the transient dynamometer emissions test
described in the Department of Environmental Management
APC Regulation No. 34.
1.1.30
"Rhode Island I/M Program" means the Rhode Island Motor
Vehicle Inspection/Maintenance Program.
1.1.31
"Rhode Island I/M Program Manager" means a person, business
firm, partnership, or corporation with whom the Department has
a contract that provides for the establishment and operation of
the Rhode Island Motor Vehicle Inspection/Maintenance
Program.
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1.1.32
"Remote Sensing Device" is a device which directs an infra-red
or laser beam across a lane of traffic to instantly detect and read
the concentrations of pollutants in a vehicle's exhaust.
1.1.33
"Safety and emission inspection program" means an enhanced
vehicle emission inspection program as defined by the
Environmental Protection Agency including, but not limited to,
a network of computerized emission analyzers, on-road testing,
and inspection of vehicle safety devices through an inspection
program.
1.1.34
"Tampering" means the removal, disconnection, or rendering
inoperative a safety or emission control device.
1.1.35
"Test", and "testing" mean the use of analyzers and diagnostic
equipment as appropriate and the application of techniques,
methods policies and procedures established or approved by the
Department for the purpose of comparing emission levels and/or
operating systems in vehicles to regulatory safety and emission
standards.
1.1.36
"Transient dynamometer emission test" means the quantitative
measurement and comparison to established standards of a
vehicle's exhaust emissions over a specified maximum time
period while operating the vehicle on an inertia weight loaded
dynamometer over a specified driving cycle.
1.1.37
"Vehicle identification number" and "VIN" means a
combination of letters and numbers a vehicle manufacturer
assigns to a vehicle for identification purposes.
1.1.38
"Waiver certificate" means a written document, instrument or
device indicating the requirement of compliance with the
standards and criteria for the Rhode Island I/M Program
inspection for a particular motor vehicle has been waived.
1.1.39
"Waiver inspector" means a Department employee or designee
who reviews, issues and audits waiver requests.
1.1.40
"Year" means a calendar year.
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1.2 Applicability
Starting on January 1, 2000, or as soon thereafter as practical, the inspection
requirement shall commence as follows:
1.2.1
if the last digit of the vehicle's VIN is 0, 2, 4, 6, or 8, the inspection
approval shall expire two years after it is issued. These vehicles shall
undergo an RI2000 emissions inspection, a gas cap test and a safety
inspection.
1.2.2
if the last digit of the vehicle's VIN is 1, 3, 5, 7, or 9, the inspection
approval shall expire one year after it is issued. These vehicles shall
undergo a two-speed idle emissions inspection, a gas cap test and a
safety inspection.
One year after the inspection requirement commences, and in subsequent years,
all vehicles will be subject to inspection every two years and will undergo an
dynamometer emissions inspection, a gas cap inspection, and a safety
inspection. Except that starting January 1, 2003, model year 1996 and newer
vehicles shall undergo an OBD inspection in addition to, a gas cap inspection,
and a safety inspection. Vehicles undergoing an OBD inspection shall not be
subject to an emissions inspection except as provided in Air Pollution Control
Regulation No. 34, section 34.5.
Vehicles with a drive configuration that prevents dynamometer inspection will
undergo a two-speed idle test, a gas cap test, and a safety inspection. Excepting
that starting January 1, 2003, model year 1996 and newer vehicles that cannot
be tested on a dynamometer shall undergo an OBD inspection in addition to, a
gas cap inspection, and a safety inspection.
The Director may delay the commencement of the inspection requirement
based on the readiness of the inspection network.
1.2.3
Emissions and On-board Diagnostics
These regulations shall apply to all light-duty vehicles and light-duty trucks up
to and including 8,500 lbs. GVWR.
1.2.4
Safety
These regulations shall apply to the following for safety:
(a)
motor vehicles of all weight classes and model years;
and,
(b)
all motorcycles shall be inspected for safety items before
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the end of June of each year; and,
(c)
all trailers, except trailers and semi-trailers used to
transport horses or other livestock, registered with a
gross weight of more than 1,000 pounds, shall be
inspected for safety items before the end of June of each
year; and,
(d)
all trailers and semi-trailers used to transport horses or
other livestock, irrespective of the registered gross
weight, shall be inspected for safety items before the end
of June of each year.
1.2.5
Safety, Emissions and On-board Diagnostics
These regulations shall apply to the following for safety and emissions:
(a)
any motor vehicle fleet owner or operator including all
federal, state and municipal fleets;
(b)
any motor vehicle owned or controlled by a dealer when
operating on the highways of Rhode Island with a dealer
registration, loan agreement, or as a demonstration
vehicle;
(c)
motor vehicles capable of operating on gasoline or
another fuel, excluding diesel, shall be tested for
emissions when the vehicles is operating on gasoline;
(d)
a voluntary inspection of Rhode Island registered
vehicles and vehicles registered in other states is
allowed. Rhode Island registered vehicles may be
presented for voluntary inspection at any time prior to
expiration date of the inspection sticker which is affixed
to the vehicle or before the expiration of a
manufacturer's safety and/or emissions warranty.
Vehicles not registered in Rhode Island which are
presented for inspection shall be inspected in accordance
with all regulations for Rhode Island registered vehicles;
(e)
owners and lessees of Rhode Island registered motor
vehicles subject to this regulation, registered in the
Town of New Shoreham, (Block Island) with a New
Shoreham address, shall have their vehicle under go an
official safety inspection as required but may be subject
to a alternative emissions inspection of a type and
frequency to be determined by the Administer of Motor
Vehicles;
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(f)
owners and lessees of diesel fueled vehicles subject to
these regulations shall be required to have their vehicles
inspected thirty (30) days after DMV publicly
announces that diesel inspection equipment has been
approved by DMV and installed by the Program
Manager and in subsequent years on the biennial
anniversary of that inspection.
1.3.
Exemptions
The following vehicles shall be exempt from the emissions inspection portion of these
regulations:
1.3.1
any model year vehicle 25 years old or older from the
requirement to obtain repairs in order to comply, but such
vehicles must undergo an emissions inspection;
1.3.2
a new motor vehicle until twenty-four (24) months after its date
of initial purchase or 24,000 miles, whichever occurs first;
1.3.3
tactical military vehicles;
1.3.4
electric powered vehicles;
1.3.5
competition and off-road vehicles used solely for off-highway
activities;
1.3.6
motorized wheelchairs;
1.3.7
motorcycles, motor driven cycles, motorized bicycles,
motorized tricycles;
1.3.8
farm tractors;
1.3.9
special mobile equipment;
1.3.10
vehicles which may not be available for inspection when
temporarily out of state. A temporary exemption from safety
and emissions inspection does not extend the registration
deadline of a vehicle. The operator must obtain a safety and
emissions inspection within five (5) days of returning to the
state;
1.3.11
a motor vehicle owned or controlled by a dealer for the first five
(5) days after the vehicle is owned or controlled by the dealer, or
9
a motor vehicle owned or controlled by a dealer if the vehicle is
in compliance for emissions inspection and displays a valid
Rhode Island inspection sticker, or
a motor vehicle owned or controlled by a dealer if the vehicle is
without a valid emissions inspection sticker but is not operated
on the highways of Rhode Island; and,
1.3.12
other vehicles at the discretion of the Department for portions of
an inspection cycle to advance or delay inspection in order to
match registration and inspection cycles.
The following vehicles shall be exempt from the safety inspection portion of these
regulations:
1.3.13
a new motor vehicle until twenty-four (24) months after its date
of initial purchase or 24,000 miles, whichever occurs first;
1.3.14
motorized wheelchairs;
1.3.15
tactical military vehicles;
1.3.16
farm tractors;
1.3.17
special mobile equipment;
1.3.18
vehicles which may not be available for inspection when
temporarily out of state. A temporary exemption from safety
and emissions inspection does not extend the registration
deadline of a vehicle. The operator must obtain a safety and
emissions inspection within five (5) days of returning to the
state;
1.3.19
a motor vehicle owned or controlled by a dealer for the first five
(5) days after the vehicle is owned or controlled by the dealer, or
a motor vehicle owned or controlled by a dealer if the vehicle is
in compliance for safety inspection and displays a valid Rhode
Island inspection sticker, or
a motor vehicle owned or controlled by a dealer if the vehicle is
without a valid safety inspection sticker but is not operated on
the highways of Rhode Island; and,
1.3.20
other vehicles at the discretion of the Department for portions of
an inspection cycle to advance or delay inspection in order to
match registration and inspection cycles;
10
1.3.21
vehicles that are properly registered with plates identified as in-
transit, 40 and 8, shriner, racer-tow, temporary registrations,
transporter, bailee;
1.3.22
vehicles registered with Antique Plates are also exempt,
however, some antique registered vehicles may be presented for
inspection in order to comply with the State law that allows the
unlimited use of such a vehicle if it passes an official inspection;
and,
1.3.23
any vehicle while it is stored off the public highways.
1.4.
Rhode Island Vehicle Inspection Program Procedures
The Department shall provide for the Rhode Island Motor Vehicle
Inspection/Maintenance Program (Rhode Island I/M Program), by contract with a
Program Manager for support services. The Rhode Island I/M Program Manager shall
assist in the establishment of a network of Authorized Inspection and Repair Station
(AIRS) to inspect and reinspect motor vehicles as provided under the requirements of
these regulations. The Rhode Island I/M Program Manager shall be responsible for the
operation of the network including host computer, test equipment, technician training
and support services to the inspection stations. The Rhode Island I/M Program
Manager is prohibited from operating or having an interest in an AIRS.
The Authorized Inspection and Repair Stations shall be responsible for the inspection
of motor vehicles to determine compliance with the applicable standards and criteria for
motor vehicle safety and emissions. For a motor vehicle that has been completely
inspected and determined not to comply with the applicable standards and criteria, the
AIRS shall provide a written inspection report describing, to the extent practical, the
reasons for not complying with the applicable standards and criteria and describing the
repairs likely to be needed to bring the vehicle into compliance with the applicable
standards and criteria.
Any motor vehicle which is not in compliance with these regulations and is inspected
and found not to comply with the standards and criteria for motor vehicle safety and
emissions inspections must be reinspected and found to comply with the standards and
criteria for motor vehicle emissions inspections, or have received a waiver certificate,
or time extension to achieve compliance, or not be operated on the highways of the
state.
1.4.1
Inspection Frequency
Motor vehicles subject to the Rhode Island I/M Program shall be inspected
biennially except as described in section 1.2 of these regulations.
11
1.4.2
Registration
The Administrator of the Division of Motor Vehicles shall establish a procedure
to prohibit owners from registering a motor vehicle except those exempted in
section 1.3 of these regulations, unless a required inspection has been conducted
and the vehicle has been found to comply with the requirements of these
regulations.
A certificate of approval (an inspection sticker) will be issued to vehicle
operators whose vehicles have passed inspection and are in compliance with
these regulations. The inspection sticker shall be placed in the lower right of the
windshield.
1.4.3
Inspection Fee
Operators shall be charged an inspection fee of $47.00 dollars per motor
vehicle at the time of inspection, except that operators of vehicles subject to
section 1.2 shall be charged an inspection fee of $23.50. The inspection fee
must be paid for each motor vehicle inspected and is payable whether a
compliance certificate, waiver certificate, or no certificate is issued.
1.4.4
Inspection Requirements
Vehicles subject to the Rhode Island I/M Program shall be inspected using the
standards, criteria and procedures for the safety test as established by the
Department, and for exhaust emissions test, evaporative emissions test, and on-
board diagnostics inspection as described in Air Pollution Control Regulation
No. 34. Initial inspections in a test cycle shall be performed at an AIRS without
repair, or adjustment prior to the test.
1.4.5
Inspection Prohibited
The AIRS shall refuse to perform the inspection of any vehicle subject to the
Rhode Island I/M Program if the vehicle is determined by the AIRS to be in
such an unsafe condition as to be a hazard to inspection personnel and/or the
vehicle operator, or a vehicle owner has not had repairs completed under a
recall notice. The owners of vehicles with an unresolved recall notice must
provide proof of compliance to an AIRS before an inspection can be conducted.
The vehicle shall not be inspected until the reason for the refusal has been
remedied. The AIRS shall provide any motorist who is refused an emissions
inspection a copy of an emissions inspection report supplement as described in
section 1.7.3 of these regulations.
1.4.6
Non-Factory Specification Vehicles
12
Vehicles that have been altered from their original certified configuration shall
be tested in accordance with the following:
(a)
Reconstructed and Homemade Vehicles
All reconstructed and homemade vehicles shall be inspected for
emissions compliance using the standards and test procedures
applicable for exhaust emission, functional emissions control devices
and visual inspection for each individual vehicle based on the engine
year of the engine installed in the vehicle at the time of inspection.
(b)
Vehicles With Exchanged Engines
A motor vehicle with an exchanged engine shall be inspected for
emission compliance by the applying the emission standards and
criteria for motor vehicle emissions inspections based on the chassis
model year of the vehicle. Except that if the engine installed in the
vehicle at the time of inspection is newer than the chassis model year
the inspection standards and criteria for motor vehicle emissions
inspections shall be based on the model year of engine.
(c)
Vehicles With Changed Fuel Type
A vehicle with an engine that has been changed from one fuel type to
another fuel type (e.g., from a diesel engine to a gasoline engine) that is
subject to these regulations shall be subject to the test procedures and
standards for the current fuel type of the engine installed in the vehicle
at the time of inspection.
(d)
Trucks and Vans
All trucks and vans shall be tested in accordance with the emission
standards for motor vehicles as determined by the manufacturer's gross
vehicle weight rating (GVWR). If no manufacturer's GVWR is
available, then the vehicle shall be tested according to the GVWR as
determined by the Department.
1.4.7
Requirements for Vehicle Registration
Owners of vehicles shall meet the following requirements for registration of a
motor vehicle subject to these regulations:
(a)
Registrations or Transfers of Registration
The Administrator of the Division of Motor Vehicles shall establish
requirements and procedures to be followed by vehicles owners in order
to obtain a registration or to transfer a registration for a motor vehicle
subject to these regulations
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(b)
Sale of Non-Complying Used Vehicles
A dealer shall not sell a used vehicle that is subject to the Rhode Island
I/M Program unless a new inspection of the vehicle has been conducted
and a compliance certificate has been issued in accordance with these
regulations. A new inspection shall be construed to be an inspection
conducted no more than ninety (90) calendar days prior to the date of
sale of a vehicle, or an inspection conducted at a point no more than
500 vehicle odometer miles prior to the date of sale, whichever shall
occur first.
1.5.
Emission Standards and Criteria
Vehicles subject to the Rhode Island I/M Program shall be governed by the following
standards and criteria for emissions inspection, RI2000 emissions testing procedures,
dynamometer procedures and on-board diagnostic testing procedures.
1.5.1
The AIRS shall adhere to the Exhaust Emissions and
Evaporative Testing Procedures as specified in Air Pollution
Control Regulation No. 34.
1.5.2
A vehicle shall pass the Exhaust Emissions and Evaporative
Emissions Test if the result of the test for each pollutant
complies with the emission standard and criteria applicable to
that vehicle listed in Air Pollution Control Regulation No. 34.
1.5.3
The AIRS shall adhere to the Vehicle Preparation Procedures as
specified in Air Pollution Control Regulation No. 34.
1.5.4
The AIRS shall adhere to the Dynamometer Procedures as
outlined in the Air Pollution Control Regulation No. 34.
1.5.5
The AIRS shall adhere to the On-Board Diagnostic Test
Procedure as specified in DEM Air Pollution Control
Regulation No. 34.
1.5.6
The AIRS shall adhere to the operational procedures outlined in
the Division of Motor Vehicles (DMV) Motor Vehicle
Inspection Manual.
1.6.
Safety Inspection Standards and Criteria
The AIRS shall adhere to the Safety Inspection Procedures as specified in the
Division of Motor Vehicles (DMV) Motor Vehicle Inspection Procedure Manual.
The Division of Motor Vehicles, Motor Vehicle Inspection Manual may be modified
and updated periodically to address changes in vehicle technology and mechanical
practices.
14
1.7.
Vehicle Inspection Documentation
1.7.1
Safety and Emissions Inspection Report
The AIRS shall provide a computer generated inspection report to the operator
of each vehicle inspected upon completion of a safety and emissions inspection.
The safety and emissions inspection report form shall include:
(a)
inspection station and inspector numbers;
(b)
the type of test(s) performed;
(c)
the date of the inspection;
(d)
the inspection report serial number;
(e)
the inspection certificate number;
(f)
the inspection system number;
(g)
vehicle model year, make, and type;
(h)
vehicle registration plate number;
(i)
transmission type;
(j)
number of cylinders or rotary engine;
(k)
fuel type;
(l)
gross vehicle weight rating;
(m)
the vehicle identification number;
(n)
the odometer reading to the nearest 1,000 miles;
(o)
whether the inspection is an initial inspection, reinspection or
diagnostic test;
(p)
the pass/fail result of applicable tests;
(q)
OBD test results including diagnostic information;
(r)
any vehicle preconditioning performed;
(s)
exhaust emissions test start time on the dynamometer and the
time final exhaust emissions were determined;
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(t)
exhaust emission test results and standards for the vehicle and a
pass/fail determination;
(u)
instructions indicating that the report is to be returned to any
inspection station upon reinspection;
(v)
a statement indicating the availability of emissions performance
warranty coverage as required in Section 207 of the Clean Air
Act;
(w)
space to indicate any repairs which were performed including
the name and identification number of the repairer or the
Certified Inspection Repair Technician who performed the
repairs;
(x)
space to indicate the cost of parts and labor for emission-related
repair(s);
(y)
advisory diagnostic information including a graphic depiction of
the emissions trace over the test cycle; and,
(z)
other information as the Department may reasonably require to
enable it to determine compliance with these regulations.
1.7.2
Addendum for Vehicles that Fail Emissions
Inspection
The inspection report for vehicles that fail the inspection shall include the items
enumerated in 1.7.1 and shall include the following:
(a)
instructions indicating that the vehicle should be repaired and
returned to an AIRS for a reinspection and that the reinspection
will be free of charge if reinspected at the AIRS that conducted
the inspection if returned within 30 days;
(b)
an explanation of the repair cost limit for emission related
repairs;
(c)
instructions for waiver applicants; and,
(d)
the likely causes of noncompliance, whether obvious, or
determined by software generated and interpretive diagnostic
information.
1.7.3
Refused Inspection Report
16
The AIRS shall provide any motorist who is refused an emissions inspection or
reinspection a copy of an emissions inspection report supplement, indicating
the cause of the refusal and an explanation of how the discrepancy can be
remedied. The Refused Inspection Report shall include a statement indicating
that the report is in no way an authorization to operate a motor vehicle which is
not in compliance with these regulations.
1.7.4
Reinspection
Any motor vehicle inspected and found not to comply with the
standards and criteria for motor vehicle safety and emissions inspections
must be reinspected within thirty (30) days of the initial inspection. If a
vehicle is reinspected at the AIRS that conducted the initial inspection,
the management of the AIRS shall not charge an additional inspection
fee.
The following are requirements for reinspection:
(a)
Vehicles exceeding the allowable safety and emission standards
during the initial inspection of the vehicle may be reinspected at
any AIRS after the vehicle has been repaired;
(b)
A reinspection shall consist of a complete inspection including
all initial tests regardless of the cause of failure in the initial
inspection;
(c)
The initial AIRS shall not charge for one reinspection if the
vehicle is returned for reinspection within thirty (30) days. The
vehicle owner can only obtain this free reinspection at the AIRS
that performed the initial inspection;
(d)
If the vehicle successfully passes the reinspection, the AIRS
shall issue a compliance certificate;
(e)
If the vehicle cannot successfully pass the reinspection, the
AIRS shall issue a vehicle inspection report indicating non-
compliance. If the motorist desires to request a waiver, the
AIRS shall make information available to the motorist on how a
waiver inspection conducted by the Department may be
arranged. Waivers are available for emissions failures only;
(f)
If the vehicle cannot successfully pass the reinspection and the
motorist desires to contest the results of the inspection the
motorist may request a challenge inspection supervised or
conducted by the Department (see section 1.8 Challenge
Mechanism); and,
17
(g)
If a compliance certificate is not issued, nor a waiver certificate
issued, nor a time extension issued the Department shall not
register the vehicle, nor shall the vehicle be operated on the
highways of Rhode Island.
1.7.5
Evidence of Inspection Compliance
Operators shall always carry any certificate issued under these regulations in an
easily accessible place in or about the vehicle for which the certificate was
issued. Evidence of inspection compliance shall consist of a certificate of
compliance or a waiver certificate or an inspection sticker. Any law
enforcement officer or an agent of Department may demand and inspect any
certificate issued under these regulations.
1.8.
Challenge Mechanism
1.8.1
A motorist who desires to contest the results of an inspection or
a reinspection may do so by requesting an appointment to have
their vehicle inspected under Department supervision.
1.8.2
The AIRS shall provide written information on how any
motorist who indicates a desire to challenge an inspection or a
reinspection may obtain an appointment for a challenge
inspection. The AIRS shall post this information in a location
accessible and convenient to motorist.
1.9.
Waivers
1.9.1
Waiver Requirements and Conditions
The Director or a designee shall issue Waiver Certificates to the operators of
those vehicles satisfying all requirements in this Section. The following waiver
requirements and conditions shall apply:
(a)
A motor vehicle which, after inspection or reinspection, fails to
comply with the appropriate emissions standards and criteria as
set forth in Section 1.5 of these regulations shall be eligible to
obtain a waiver certificate, provided that the cost of emissions
related repairs performed exceeds the repair cost limit.
(b)
The cost of emissions related repairs may include the cost of
repairs made after the inspection or the cost of emission related
repairs made up to sixty days (60) days prior to the inspection.
The cost of repairs shall not include any costs covered by an
emission performance, or device warranty, or the cost of
tampering reversal.
(c)
Any emissions related repair which is made during the sixty-day
18
period prior to inspection or after the inspection, the cost of
which is to be applied to the repair cost limit, must be made by a
CIRT.
19
(d) The repair cost limit shall be four hundred fifty dollars
($450.00) and shall be adjusted in January of each year by the
percentage, if any, by which the Consumer Price Index CPI) for
the preceding calendar year differs from the Consumer Price
Index for 1989. However the repair cost limit shall be two
hundred and fifty dollars ($250) in 2000 and 2001, and shall be
four hundred fifty dollars ($450) in 2002 and 2003. After 2003
the repair cost limit of four hundred fifty dollars ($450) shall be
adjusted in January of each year by the percentage, if any, by
which the Consumer Price Index CPI) for the preceding
calendar year differs from the Consumer Price Index for 1989.
(e)
Repairs shall be appropriate to the cause of the test failure and
shall be documented by original receipts for the repair. A visual
check shall be made to determine that repairs were actually
made, if such repairs can be visually confirmed.
(f)
The appropriateness of the repair cost shall be made through
comparison with charges in a nationally recognized flat rate
manual of emission repair cost estimating. The repair cost may
include parts and labor for emissions related repairs.
(g)
Waivers shall be effective until the vehicle is next due for
emissions inspection.
1.9.2
Repair Time Delay
(a)
A time delay to repair a vehicle which fails an emission
inspection of one test cycle may be granted to owners who
qualify under low income guidelines as established by the
Department.
(b)
The delay shall apply only once for that specific vehicle.
1.9.3
Compliance by Diagnostic Inspection
The Department may issue a waiver certificate without the vehicle meeting the
emission standards if after failing an inspection and subsequent reinspection for
emissions at the Final Standards, the vehicle undergoes a complete,
documented physical and functional diagnosis and inspection, conducted by the
Department, which shows:
(a)
that the emission control devices originally required for federal
vehicle certification are in place and are functioning as
designed; and,
20
(b)
that no additional emission related repairs are reasonably
possible; or,
(c)
that no further repairs can be made because the parts required
for the repairs are no longer manufactured.
A waiver certificate issued under this section shall be effective for only one
inspection cycle.
1.10
Financial Accounting
(reserved)
1.11
Document Security
The AIRS shall be responsible for the maintenance of the security of all documents by
which compliance with the inspection requirement is established including, but not
limited to, compliance certificates and waiver certificates.
1.12
Prohibitions and Penalties
The Director or a designee, shall suspend the registration of any vehicle owner or lessee
who is determined to be in violation of this regulation or who, after notice, does not
comply with these regulations.
These regulations establish the following prohibitions and consequential penalties for
violations of any rule or regulation contained herein.
1.12.1
Prohibitions
(a)
False Information
No person shall knowingly give false information to a CIRT or CIT or
the Department concerning the repair costs or repairs needed to bring a
motor vehicle into compliance with the standards and criteria for motor
vehicle emissions inspections.
(b)
Illegal Issuance
No person may issue a compliance certificate or waiver certificate for a
motor vehicle that has not been inspected in accordance with or is not in
compliance with the standards and criteria for motor vehicle emissions.
(c)
Counterfeit Inspection Documents
No person may alter, falsify, or counterfeit a compliance certificate or
waiver certificate.
21
(d)
Vehicle Tampering
No person may materially alter or change any equipment or mechanism
of a motor vehicle that has received a compliance certificate in such a
manner that the motor vehicle no longer complies with the standards
and criteria for motor vehicle emissions inspections. This section shall
not be construed as preventing the temporary alteration of equipment
for the purpose of motor vehicle repair.
(e)
Altered Inspection Documents
No person may alter any vehicle documentation or provide false
information on the classification of a vehicle in order to avoid
inspection.
(f)
Operation of a Non-Complying Vehicle
No person may register or continue to operate on the highways of
Rhode Island, a motor vehicle which is subject to the provisions of
Rhode Island I/M Program which is not in compliance with the
requirements thereof.
(g)
Obliteration of Plates
No person shall place or in any way attach, on a vehicle license plate,
any sticker, plastic covering, badge, emblem or any other material
which would cover or obliterate or partially obliterate any of the
lettering or numbers on the license plate or which would make the
license plate unreadable by visual observation or by a high speed
camera used in conjunction with a remote sensing device.
(h)
False Declaration
No persons shall profess to be an Authorized Inspection Repair Station
either: verbally; in advertising by print, electronic media, on letter or bill
head or by the use of an unauthorized sign or by any other means who
has not been officially designated by DMV as an Authorized Inspection
Repair Station (AIRS).
1.12.2
Penalties
(a)
General Penalties
Any person violating any of the provisions of these regulations shall be
subject to a civil or administrative penalty of not more than one
thousand dollars ($1,000.) for each violation.
22
(b)
Motor Vehicle Operator Penalties
Any owner or lessee of a motor vehicle who operates their vehicle on
the highways of Rhode Island that is not in compliance with these
regulations shall be subject to a fine of no more than one thousand
dollars ($1,000.) for each violation.
1.13. Proceedings for Enforcement
1.13.1
Jurisdiction - Criminal Penalties
The Sixth District Court shall have jurisdiction to enforce the criminal penalty
provisions of these regulations.
1.13.2
Jurisdiction - Administrative Penalties
The Sixth District Court shall have jurisdiction to enforce the provisions of
these regulations.
1.14. Authorization and Certification
Emissions inspectors and emissions inspection locations seeking authorization
as an AIRS, CIRT or CIT must be certified by the Department prior to
conducting official inspections or emissions repairs when those repairs are to be
applied to the repair cost limit. Completion of inspector training and passing of
all required tests shall be a condition of certification. Certification may be
withdrawn for good cause at any time.
1.14.1
Authorized Inspection Repair Station
(a)
Requirements
A repair facility which is authorized as an Authorized Inspection Repair Station
(AIRS) shall provide necessary space, tools, testing equipment, liability
insurance, signage, repair reports and copies of the Rhode Island I/M Program
rules and regulations as may be designated and required by the Department. At
least one CIRT or CIT shall be available during the AIRS normal business
hours.
(b)
Application
Application for authorization shall be made on an official application form
designated by the Department. Authorization shall be granted when the
applicant demonstrates the ability to meet the requirements of section 1.14.1(a)
and meets and maintains the criteria required under the AIRS contract. No
authorization may be assigned, transferred or used at any location other than the
location designated on the original application. The authorization may be
23
withdrawn by the Department for good cause at any time.
(c)
Non-Rhode Island Locations
An AIRS may be located outside the state of Rhode Island boundaries, provided
the AIRS management pledge to voluntarily submit to the jurisdiction of Rhode
Island courts and these regulations. Out of state AIRS are not eligible to
participate in the "Contractor Provided" equipment provision but must purchase
any required inspection equipment from the I/M Program Manager through the
"Self Financed Equipment" provision.
(d)
Motorist Service and Convenience
An AIRS must purchase test authorizations in minimum quantities of 15.
(e)
Proper Display of Signage
An AIRS must display the official inspection sign which indicates that the
AIRS is an authorized motor vehicle safety and emission inspection station in
a prominent location so as to be easily seen by passing motorists or pay a fine
of $50 for each day the sign is not so displayed.
1.15 Denial, Suspension, or Revocation of Authorization
1.15.1
Denial
The Department may deny the issuance of authorization to perform motor vehicle
inspections under these regulations as provided by law.
1.15.2
Violations
If the Department has reason to believe that a person is violating the provisions of
these rules, the Department may issue its order to such person, commanding them
to appear at a Hearing Board for a hearing to be held not sooner than ten (10) days
nor later than twenty (20) days after issuance of said order to show cause why the
Department should not issue an order to said person to cease and desist from such
violation of the provisions of this regulation.
1.15.3
Finding of Fact
If as a result of a hearing, the Hearing Board is satisfied that such person is in fact
violating any provision of these regulations, then it shall order such person, in
writing, to cease and desist from such a violation or may, at its discretion, suspend
or revoke the authorization of that person to inspect motor vehicles.
24
A person found to be in violation of the provisions of these regulations shall be
subject to a suspension under the following penalty schedule:
(a)
First Violation
A person found to be in violation of the provisions of these regulations for the first
time shall be subject to a suspension of authorization to inspect motor vehicles for
a minimum of ten (10) days.
(b)
Second Violation
A person found to be in violation of the provisions of these regulations for the
second time shall be subject to a suspension of authorization to inspect motor
vehicles for a minimum of thirty (30) days.
(c)
Third and all Subsequent Violations
Persons found to be in violation of the provisions of these regulations for a third
time and for each subsequent time shall be subject to a suspension of
authorization to inspect motor vehicles for a minimum of six months (180) days
for each separate violation.
In addition to the suspension penalties the Administrator may, at his discretion,
impose a fine of up to $1,000 (see section 0.14.2 (a) “General Penalties”).
Reinstatement may be requested at the end each suspension period. The
reinstatement shall be at the discretion of the hearing board or the
Administrator.
1.15.4
Failure to Comply
If such person shall thereafter fail to comply with the order of the Department, the
Superior Courts for the State of Rhode Island shall have jurisdiction upon
complaint of the Department to restrain and enjoin such person from violating this
chapter.
1.15.5
Appeals
Any Authorized Inspection Repair Station (AIRS) or any other person dissatisfied
by any order of the Hearing Board or Department may within ten (10) days after
receiving an order, file a request for review with the Director of the Department of
Administration and thereafter with the Superior Court, not inconsistent with these
regulations and Rhode Island General Laws, Chapters 42-35.
25
1.16
Certified Inspection Repair Technician
1.16.1
Requirements
A person seeking certification as a Certified Inspection Repair Technician (CIRT)
must be eighteen (18) years of age or older, must hold a valid drivers license and
must have successfully completed the requirements of a training course approved by
the Department or designee. The Certified Inspection Repair Technician must
demonstrate to the Department a proficiency in operating and calibrating all required
diagnostic and repair equipment. The Certified Inspection Repair Technician
certification shall be posted in a conspicuous location visible to the public with in the
Authorized Emission Inspection Repair Station.
Provisional CIRT status for the first two of the inspection program may be granted to
those seeking permanent CIRT designation provided they hold an ASE L1
certification or successfully pass a skills level test administered by the Department or
designee with a grade of 75% or higher.
Provisional status shall be withdrawn from all persons holding such status at the end
of the second year of the inspection program. Individuals who desire permanent
designation as a CIRT must demonstrate that they have achieved Automotive
Service Excellence (ASE) L1 certification.
1.16.2
Application
The application for Certified Inspection Repair Technician must be on an official
form designated by the Department. The application is for an individual not a
corporate or company application. The designation as a Certified Repair Technician
may be withdrawn by the Department for good cause at any time.
1.17
Certified Inspection Technician
1.17.1 Requirements
A person seeking certification as a Certified Inspection Technician (CIT)
must be eighteen (18) years of age or older, must hold a valid drivers license
and must have successfully completed the requirements of a training course
approved by the Department or designee. The Certified Inspection
Technician must demonstrate to the Department a knowledge of and
proficiency in performing the required Rhode Island I/M Program test
procedures. The Certified Inspection Technician certification shall be posted
in a conspicuous location visible to the public with in the Authorized
Inspection Repair Station. The Certified Inspection Technician shall be
certified by the Department to perform motor vehicle safety and emission
inspections only.
26
1.17.2
Application
The application for Certified Inspection Technician must be on an official form
designated by the Department. The application is for an individual not a
corporate or company application. The designation as a Certified Inspection
Technician may be withdrawn by the Department for good cause at any time.
27
DEPARTMENT OF ADMINISTRATION
DIVISION OF MOTOR VEHICLES
AND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
in re: Proposed revisions to Air Pollution Control Regulation No. 34 "Rhode Island
Vehicle Inspection Program" and Safety and Emission Control Regulation No. 1
"Rhode Island Motor Vehicle Safety and Emissions Inspection Program" and the
State Implementation Plan (SIP)
Decision
Introduction
On 19 February 2003 notice was published in the Providence Journal Bulletin and was
mailed to interested parties announcing a public hearing to accept comments on the
proposed revisions to Air Pollution Control Regulation No. 34 "Rhode Island Vehicle
Inspection Program" and Safety and Emission Control Regulation No. 1 "Rhode Island
Motor Vehicle Safety and Emissions Inspection Program" and the State Implementation
Plan (SIP). Written comments were entered into the record at the public hearing on 20
March 2003. The comment period closed at 4:00 PM on 20 March 2003.
The Administrative Procedures Act requires agencies proposing to amend or promulgate
regulations, demonstrate the need for amendment or new regulation, demonstrate that no
alternative approaches considered would be as effective and less burdensome, identify any
overlapping or duplicated state regulations, and determine whether the amendment or new
regulation would have significant adverse economic impact on small business. Information
to comply with those requirements was included in the Fact Sheet, which was available
when the Notice of Public Hearing was published. That information will not be repeated
here.
Response to Comments
This section will present the Departments’ response to significant comments at the public
hearing and written comments received during the comment period. Some comments may
have been paraphrased and each comment is followed by the Departments’ response.
The following comments were made by individuals engaged in the inspection and/or
repair of motor vehicles in Rhode Island and by one inspection station owner who was
representing the Rhode Island chapter of the Automotive Service Association (ASA)(a
repair industry association of approximately 40 inspection/repair shop owners).
1. Comment: A number of owners/managers of inspection and repair facilities voiced
satisfaction with the inspection program in general and with the new OBD testing
system in particular. They indicated, however, that if a registration denial system
28
was not put in place, the inspection program will become ineffective and their
business would lose money. The commentors indicated that honest inspection station
owners are losing money to those who cheat the system by using passing vehicles
and by selling counterfeit stickers. They stated that there should be more rigorous
enforcement.
Response: The existing Division of Motor Vehicle regulation Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1 sets out prohibitions and penalties. A
mechanism of hearings to determine if a violation has taken place, is included in the
regulation. Should a violation be determined, fines of up to $1,000 and a minimum 90 day
suspension are required. The amendments that are being proposed include a revised
schedule of suspensions. This new more flexible schedule of suspensions will avoid the
draconian requirement of a 90 day suspension for all violations. The ability to apply a
shorter suspension will allow for more frequent use of suspensions and provide for more
effective enforcement. The State is open to suggestions regarding enforcement and
encourages anyone with information regarding suspected wrongdoing report that suspicion
to DMV.
Continued delay in software development has hindered implementation of the planned
registration denial system. The software problems are being resolved and registration denial
will be a reality by the fall of 2003. DMV roadside sticker checks and police enforcement is
continuing and will do so after registration denial is in place.
2.
Comment: There are less sophisticated on-board computers and emissions control
device sensors on 1996 vehicles. There is a concern that inadequate information
provided by these OBD systems will cause inaccurate diagnosis.
Response: OBD testing is being phased in starting with model year 2000. The phased
approach combined with a $550,000 DMV sponsored training program will provide
technicians with new repair skills including techniques to deal with the earlier model
vehicles OBD inadequacies.
3.
Comment: When will light-duty diesel vehicles be tested for emissions and will
there be any additional cost for the inspection stations?
Response: Earlier versions of light-duty diesel vehicle testing procedure proved unreliable
and inefficient. A more accurate test has now been developed. To assure equity to light-duty
diesel vehicle owners, the new test will be introduced at the start of a new testing cycle in
January of 2004. The existing inspection work stations are designed to support the new
testing system without any additional expense on the part of the inspection station owner.
29
The following comments were made by Peter Hagerty, Environmental Engineer, EPA
New England regional office.
4.
Comments
Comment: (a)
Subsection 34.5(a) of Air Pollution Control Regulation Number 34 requires that a
vehicle be failed if two or more monitors are not ready. Under EPA regulation
40CFR 51.357, it is recommended that vehicles with two or more monitors not set be
rejected from testing, not failed. After rejection the motorist should be advised how
to drive the vehicle to reset the monitors that are not ready.
Response:
Vehicles with two or more monitors not ready are being failed instead of being rejected
because of the structure of Rhode Islands inspection fee collection system. Once an
inspection is initiated it must be completed pass or fail.
Requiring inspection stations to conduct an offline test or to use their own scanning
equipment to determine readiness would present the inspection station with an additional
economic burden.
When a vehicle is failed for readiness, motorists are being advised that they need to
complete a number of drive cycles to correct the situation or to return to have the inspection
conducted again.
Comment (b)
We suggest that subsection 34.5(b) be reworded as follows:
(b) current Diagnostic Trouble Codes are indicated and the Malfunction Indicator is
commanded on.
Response:
We agree and will change subsection 34.5(b) as suggested.
Comment (c)
Subsection 34.5 indicates that a vehicle with a communications problem be
given an exhaust tailpipe test. These vehicles should be failed and required to
be returned to a dealer for repairs.
30
Response:
For the most part on-board computer communication problems are not caused by
inoperative connectors or broken pins. Communications faults in the majority of vehicles
are caused by the characteristics of the OBD logic in the computer design of that brand of
vehicle. A tailpipe test is conducted to prevent requiring consumers return to dealers to fix
problems that are unique to the brand of vehicle and thereby unfixable by others.
Comment (d)
Subsection 1.15 of the Rhode Island Motor Vehicle Safety and Emissions
Control Regulation Number 1 does not appear to meet the requirements of EPA
regulation 40 CFR 51.364(a), Imposition of Penalties. The EPA regulation
requires substantial penalties (i.e., a six month suspension) for a first offense by
an inspector if a vehicle is intentionally improperly passed for any required
portion of the test. It has been proposed in subsection 1.15 that a person may
request reinstatement to inspect vehicles after only a 10 day inspection. The
existing state regulation only allows reinstatement after a three month
suspension. The original EPA requirement should not be relaxed. A penalty
schedule required by EPA regulations should be developed. This would allow
the state more flexibility for minor violations.
Response:
We agree that the establishment of a progressively more stringent penalty schedule can help
assure program compliance while retaining the flexibility essential to the Administrator.
Accordingly section 1.15.3 “Finding of Fact” Authorized Inspection Repair Station
1.15.3
Finding of Fact
If upon such hearing the Hearing Board shall be satisfied that such person is in fact violating
any provision of these regulations, then it shall order such person, in writing, to cease and
desist from such a violation or may, at its discretion, suspend or revoke the authorization of that
person to inspect motor vehicles.
Any suspension shall be for an indefinite period. An AIRS may apply to lift the suspension
after three (3) months of suspension.
A person found to be in violation of the provisions of these regulations shall be subject to
a suspension under the following penalty schedule:
First Violation
A person found to be in violation of the provisions of these regulations for the first time shall
be subject to a suspension of authorization to inspect motor vehicles for a minimum of ten (10)
days.
Second Violation
31
A person found to be in violation of the provisions of these regulations for the second time
shall be subject to a suspension of authorization to inspect motor vehicles for a minimum of
thirty (30) days.
Third and all Subsequent Violations
Persons found to be in violation of the provisions of these regulations for a third time and for
each subsequent time shall be subject to a suspension of authorization to inspect motor vehicles
for a minimum of six months (180) days for each separate violation.
In addition to the suspension penalties the Administrator may, at his discretion, impose a
fine of up to $1,000 (see section 1.12.2 (a) General Penalties). Reinstatement may be
requested at the end each suspension period. The reinstatement shall be at the discretion of
the hearing board or the Administrator.
Technical Corrections
A technical correction has been made to section 1.14.1 (d) “Motorist Service and
Convenience” of the Division of Motor Vehicle’s, Safety and Emission Control Regulation
No. 1, to be consistent with the provisions of the most recent Rhode Island Motor Vehicle
Safety and Emissions Inspection Program contract between the Division of Motor Vehicles
and Agbar Technologies.
Section 1.14.1 (d) shall be changed as follows:
An AIRS must purchase a minimum of 45 inspection test authorizations per month in
minimum quantities of 15. If those authorizations are not used, they shall be forfeited.
32
Decision
Based on the comments and the response to comments, it is the decision of the Hearing
Officers to adopt the amendments Safety and Emissions Control Regulation No.1 and Air
Pollution Control Regulation No. 34 as proposed and with the changes indicated in the
response to comments. The final amended Safety and Emissions Control Regulation No. 1
and Air Pollution Control Regulation No. 34 are appended to this decision. The final
regulations were filed with the Secretary of State and a revised State Implementation Plan
will be submitted to the Environmental Protection Agency.
Date___________________
________________________
Stephen Majkut,
Hearing Officer
signed August 6, 2003
Date___________________
_____________________
Charles S. Dolan
Administrator
Division of Motor Vehicles
signed August 29, 2003
Approved:
Date_____________________
_____________________
Jan H. Reitsma,
Director
Department of Environmental Management
signed August 12, 2003
Date _____________________
_____________________
Robert J. Higgins
Director
Department of Administration
signed September 15, 2003
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