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Note: Chapter Trans 131 as it existed on June 30, 1993 was repealed and a new ch.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
"OBD inspection" or "OBD II inspection" means an emissions related inspection in which the vehicle's on-board computer is accessed to evaluate the status of the vehicle's emission control system.
"Performance monitoring" means the system of evaluating automotive repair facilities' performance by collecting and reporting the repair data as recorded on the vehicle inspection report or as reported electronically, upon performance of the repair.
"Person" means an individual, corporation, association, firm, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, and the federal government.
"Proper" or "properly" means meeting original manufacturer's equipment standards or the equivalent.
"Readiness monitors" means the tests performed internally by a vehicle's OBD II system that determine if an emission component is ready to be checked by the on-board vehicle computer.
"Recognized automotive emission repair technician" means a person who has received and has proof of formal training in both diagnosis and repair of automotive engines and related systems.
"Recognized repair facility" means a franchised new car dealer or other business with a Wisconsin sales tax number that performs emission repairs as a regular part of its business activities and employs at least one recognized automotive emission repair technician.
"Technical assistance center" means either a separate contractor facility or a portion of an inspection station which, under the direction of a master automotive technician, is equipped to perform both emission inspections and complete diagnostic evaluations of nonexempt vehicles.
"USEPA" means the United States Environmental Protection Agency.
"USEPA technical guidance" means the USEPA publication "Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," dated June, 2001, which is incorporated herein by reference. Any alternative inspection procedures or changes in procedural details shall be approved by the USEPA administrator prior to use.
Trans 131.02 Note
Copies are on file with the Legislative Reference Bureau and the Attorney General's office. These procedures are available in published form from the Wisconsin Department of Transportation, Bureau of Field Services, P. O. Box 7909, Room 253, Madison, WI 53707-7909 and can be accessed on the internet at http://www.epa.gov/otaq/regs/im/obd/r01015.pdf
"Van" means a motor vehicle constructed on a truck chassis, or indicated as a truck on the manufacturer's statement of origin, with a completely enclosed driver and cargo compartment useable as a cargo carrying vehicle or as a passenger vehicle depending upon equipment.
"Vehicle inspection notice" means a document mailed to vehicle owners as a result of failing a remote sensing test indicating that the nonexempt vehicle has been inspected in accordance with the provisions of s. Trans 131.14
and, if necessary, shall be presented at an inspection station or other authorized inspection facility for inspection under s. 110.20 (6) (a) 4.
"Vehicle inspection report" means a serially numbered document issued at an inspection station or authorized inspection facility or technical assistance center or by an inspector designated by the department to perform the functions of a technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically.
"Voluntary inspection" means the voluntary presentation of a nonexempt vehicle for an emission inspection.
"Waiver" means a conditional one-cycle exemption from emission inspection that may be granted to a vehicle owner or lessee.
"Waiver emission equipment inspection" means a visual inspection conducted to determine the presence and proper connection of selected emission equipment on vehicles presented for waiver determination under s. Trans 131.04
"Waiver investigator" means the department employee or designated contractor representative who approves or disapproves applications for waivers.
Trans 131.02 History
Cr. Register, June, 1993, No. 450
, eff. 7-1-93; emerg. revise eff. 12-4-95; am. (intro.), renum. (1) to (4), (6) to (10), (14) to (16), (18) to (22), (24), (26) to (28) and (34) to (42) to be (2), (3), (6) to (10), (12), (13), (16), (19) to (25), (29) to (32), (36), (37), (41), (43), (44), (48), (51), (52), (54), (56), (58), respectively, and am. (6), (8) to (10), (12), (19), (22), (23), (25), (29), (32), (43), (44), (51), (52), (54), (56), (58), cr. (1), (3m), (4), (14), (15), (18), (20m), (27), (28), (34), (35), (38), (39), (40), (42), (45), (47), (49), (50), (50m), (53), (55) and (57), r. (5), (12), (13), (23), (25), (29), (30), r. and recr. (11), (17), (33), Register, April, 1996, No. 484
, eff. 5-1-96; correction in (44) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488
; correction made to delete duplicative subsection and correction in (12) and (20m) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520
; cr. (6m), (6r), (26), (34m), (37m), am. (11), (22), (32), (50m) and (58), Register, May, 2001, No. 545
, eff. 6-1-01; CR 07-114
: cr. (1m) and (56m), r. (3), (4), (11), (14), (16), (27), (30), (32), (33), (43), (47) and (49), am. (6), (6r), (10), (22), (25), (34) to (35), (50m), (53) and (54), r. and recr. (8) Register June 2008 No. 630
, eff. 7-1-08; CR 10-088
: am. (1m), (6), (10), (34m), (50m), (54) and (56m) Register December 2010 No. 660
, eff. 1-1-11.
Trans 131.03 Emission inspection and reinspection. Trans 131.03(1)(a)(a)
All nonexempt vehicles that are customarily kept in counties certified under s. 110.20 (5) (a)
, Stats., or in a county whose county board adopts a resolution under s. 110.20 (5) (b)
, Stats., shall be inspected as provided in this chapter. Penalty for failure to comply with this section consists of either denial of registration renewal or suspension of vehicle registration as set forth in s. 341.63 (1) (e)