Register December 2010 No. 660
Chapter Trans 131
MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM (MVIP)
Purpose and scope.
Emission inspection and reinspection.
Waiver of compliance.
Waiver emission equipment inspection.
Letter of temporary exemption from emission inspection requirements.
Temporary operating permits.
Audits of inspection facilities.
Equipment specifications and quality control.
Licensing of inspectors.
Performance monitoring of repair facilities.
Automotive emission repair technician training.
Notification of inspection requirements.
Ch. Trans 131 Note
Note: Chapter Trans 131 as it existed on June 30, 1993 was repealed and a new ch. Trans 131 was created effective July 1, 1993.
As authorized by ss. 110.06
, 110.20 (9)
and 227.11 (2) (a)
, Stats., the purpose of this chapter is to establish the department's administrative interpretation of s. 110.20
, Stats., relating to a motor vehicle emissions inspection program.
This chapter applies to all nonexempt vehicles customarily kept in those counties certified by the department of natural resources under s. 110.20 (5) (a)
, Stats. It also applies to all nonexempt vehicles customarily kept in any county whose board of supervisors has adopted a resolution under s. 110.20 (5) (b)
, Stats., requesting the department establish an inspection and maintenance program, and applies to any nonexempt vehicle which a person presents for a voluntary inspection at an inspection station pursuant to s. 110.20 (7)
, Stats., and s. Trans 131.07
. For purposes of determining where a vehicle is customarily kept, the county of domicile as indicated by the vehicle owner and contained in the department's title data base shall be used. In the absence of an indicated county of domicile, the owner or lessee's post office address shall be used to determine county of domicile. The department may determine whether the vehicle domicile location is consistent with the owner or lessee's post office address or with other information that indicates the customary location of the vehicle. The department may change a vehicle domicile location in department title records to make it consistent with the results of its determination, and may require the vehicle to undergo emission inspection as required in this chapter. If the vehicle owner or lessee disputes the department's determination, the vehicle owner or lessee may present evidence satisfactory to the department of the correct vehicle domicile location. The department decision as to correct vehicle domicile location shall be the final decision of the department.
Trans 131.01 Note
Note: Forms used in this chapter are MV 2016, substitute renewal notice; MV 2470, vehicle inspection report; MV 2472, application for letter of temporary exemption from emission test requirements; MV 2588, exchanged engine certificate; MV 2594, quality assurance inspection report. Copies can be obtained from the Wisconsin Department of Transportation, Dealer and Agent Section, P. O. Box 7909, Madison, WI 53707-7909.
Words and phrases defined in s. 110.20
, Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:
"Air pollution control equipment" or "emission equipment" means any equipment or feature which constitutes an operational element, device or mechanism which is part of the air pollution control system on a motor vehicle.
"Authorized inspection facility" means a self-service inspection facility, or a private inspection facility, or an inspection station or facility operated by the department, or by a contractor or subcontractor authorized by the department to perform emission inspections.
"Collector vehicle" means a nonexempt vehicle with a collector special interest vehicle registration under s. 341.266
"Contractor" means a person with whom the department has a contract that provides for the operation of one or more inspection stations or for the performance of emission inspection at an authorized inspection facility other than an inspection station or for the performance of a service related to the Wisconsin vehicle emission inspection program.
"DLC" means data link connector on a vehicle equipped with an OBD II system.
"DTC" means diagnostic trouble code stored by a vehicle's OBD II system.
"Department" means the Wisconsin department of transportation.
"Electronic reporting," "electronically reported" or "reported electronically" means reported directly to the department or its contractor electronically in a format specified by the department.
Trans 131.02 Note
Chapter NR 485
may be obtained from the Wisconsin Department of Natural Resources, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
"Exhaust emission" or "exhaust gas" means the combination of substances emitted into the atmosphere from the tailpipe or tailpipes of a motor vehicle.
Trans 131.02 Note
All references made to the Federal Rule in this document are to 40 CFR Part 51
, Subpart S Inspection/Maintenance Program Requirements; Final Rule dated November 5, 1992, as amended through January 1, 2001.
"Government vehicle" means a motor vehicle both owned by this state or by any county, municipality, or federally-recognized Indian tribe or band and registered under s. 341.26 (2m)
, Stats., or a vehicle owned or leased by the United States.
"Hobbyist vehicle" means a nonexempt vehicle with a hobbyist registration under s. 341.268
"Inspection" means the mandatory vehicle emission inspection required by s. 110.20
, Stats., consisting of an OBD II inspection.
"Inspection station" means an inspection facility operated by a party under contract with the department for the purpose of conducting vehicle emission inspections required by s. 110.20
"Inspector" means the individual who performs the vehicle emission inspection for the contractor or subcontractor.
"Master automotive technician" means a person possessing the highest level of any nationally recognized certification organization for automotive emission-related diagnosis and repair.
"Model year" means the date of manufacture of the original vehicle within the annual production period of the vehicle as designated by the manufacturer, or if a reconstructed or homemade vehicle, the first year of titling. If the manufacturer does not designate a production period, the term "model year" means the calendar year of manufacture. Determination of model year shall be as indicated in the VIN or on the vehicle's registration documents.
"New vehicle" means a motor vehicle to which the legal title has never been transferred to an ultimate retail purchaser as defined in s. Trans 139.02
"OBD II" means the on-board diagnostic system installed on 1996 and newer vehicles by the manufacturer that meets the regulations promulgated by the USEPA under 42 USC 7401-7671q