Trans 131.02(13)
(13) “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
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.
Trans 131.02(19)
(19) “
Government vehicle" means a motor vehicle both owned by this state or by any county, municipality, or federally-recognized American Indian tribe or band and registered under s.
341.26 (2m), Stats., or a vehicle owned or leased by the United States.
Trans 131.02(20m)
(20m) “Hobbyist vehicle" means a nonexempt vehicle with a hobbyist registration under s.
341.268, Stats.
Trans 131.02(22)
(22) “Inspection" means the mandatory vehicle emission inspection required by s.
110.20, Stats., consisting of an OBD II inspection.
Trans 131.02(24)
(24) “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, Stats.
Trans 131.02(25)
(25) “Inspector" means the individual who performs the vehicle emission inspection for the contractor or subcontractor.
Trans 131.02(28)
(28) “Master automotive technician" means a person possessing the highest level of any nationally recognized certification organization for automotive emission-related diagnosis and repair.
Trans 131.02(29)
(29) “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.
Trans 131.02(31)
(31) “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.
Trans 131.02(34)
(34) “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.
Trans 131.02(34m)
(34m) “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.
Trans 131.02(35)
(35) “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.
Trans 131.02(36)
(36) “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.
Trans 131.02(37)
(37) “Proper" or “properly" means meeting original manufacturer's equipment standards or the equivalent.
Trans 131.02(37m)
(37m) “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.
Trans 131.02(38)
(38) “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.
Trans 131.02(39)
(39) “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.
Trans 131.02(45)
(45) “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.
Trans 131.02(50)
(50) “USEPA" means the United States Environmental Protection Agency.
Trans 131.02(50m)
(50m) “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
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.
Trans 131.02(51)
(51) “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.
Trans 131.02(53)
(53) “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., Stats.
Trans 131.02(54)
(54) “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.
Trans 131.02(56)
(56) “Voluntary inspection" means the voluntary presentation of a nonexempt vehicle for an emission inspection.
Trans 131.02(56m)
(56m) “Waiver" means a conditional one-cycle exemption from emission inspection that may be granted to a vehicle owner or lessee.
Trans 131.02(57)
(57) “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.
Trans 131.02(58)
(58) “Waiver investigator" means the department employee or designated contractor representative who approves or disapproves applications for waivers.
Trans 131.02 History
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;
CR 22-048: am. (19) Register July 2023 No. 811, eff. 8-1-23.
Trans 131.03
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), Stats.
Trans 131.03 Note
Note: The 6 counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha were certified by the department of natural resources in a letter to the department dated August 21, l981. Sheboygan County was certified by the department of natural resources in a letter to the department dated April 20, 1992.
Trans 131.03(1)(b)
(b) Nothing in this chapter waives an expired registration because of failure to pass inspection requirements by the registration deadline.
Trans 131.03(1)(c)
(c) A vehicle is first subject to the requirements of this chapter when the vehicle is 4 model years old.
Trans 131.03(1)(d)
(d) For purposes of calculating the number of model years of vehicle age under ss.
110.20 (13) and
285.30 (5), Stats., a model year shall be considered synonymous with a calendar year. Not satisfying the inspection requirements of this chapter prior to the date of registration expiration shall not extend vehicle age.
Trans 131.03 Note
Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.
Trans 131.03(2)
(2)
When inspection required. Nonexempt vehicles subject to an inspection shall have the inspection completed as provided in this chapter when any of the following apply:
Trans 131.03(2)(a)
(a) No more than 180 days prior to renewal of annual registration. This requirement applies when the vehicle is 4 model years old and every 2 years thereafter.
Trans 131.03(2)(b)
(b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 180 days prior to such ownership change registration, or
Trans 131.03 Note
Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.
Trans 131.03(3)
(3)
Document requirements. Each vehicle presented for inspection at an inspection station or at an authorized inspection facility shall be accompanied by at least one of the following documents which identifies the vehicle by make, model year, VIN, and license plate number:
Trans 131.03(3)(d)
(d) A vehicle inspection report if a reinspection, unless repair performance data has, upon performance of the repair, been reported electronically.
Trans 131.03(3)(g)
(g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection.
Trans 131.03(3)(h)
(h) A properly completed voluntary inspection request form, obtainable from the manager at each of the inspection stations or at other authorized inspection facilities as determined by the department.
Trans 131.03(4)
(4)
Scope and nature of inspection. The vehicle emission inspection shall consist of an OBD II inspection which indicates whether the MIL is commanded on and, if so, the DTCs causing the command.
Trans 131.03(5)(a)(a) Vehicles that meet any of the following conditions shall fail the inspection:
Trans 131.03(5)(a)2.
2. The MIL does not illuminate at all when the ignition key is turned to the “key on, engine off" position.
Trans 131.03(5)(a)3.
3. The MIL illuminates continuously or flashes when the vehicle is in the “key on, engine running “ condition, even if no DTCs are present.
Trans 131.03(5)(a)4.
4. A scan tool indicates that any DTCs are present and that the vehicle's MIL status is commanded on.
Trans 131.03(5)(b)
(b) If the MIL is not commanded to be illuminated, the vehicle shall pass the OBD inspection, even if DTCs are present.
Trans 131.03(6)(a)1.1. Vehicles shall be inspected in an as-received condition. Prior to inspection, the engine shall be operating at the manufacturer's recommended engine idle speed without excessive smoke, at normal operating temperature, not overheating, as indicated by gauge, warning light or boiling radiator, and with all accessories off.
Trans 131.03(6)(a)2.
2. The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution.
Trans 131.03(6)(a)4.
4. Vehicles that are designed to operate with more than one type of fuel shall be inspected on the fuel in use at the time of inspection.
Trans 131.03(6)(d)1.1. An OBD II inspection shall be performed on all model year 1996 and newer vehicles equipped with OBD II systems. The OBD inspection shall be performed according to the procedures specified in section 85.2222 of the federal rule.
Trans 131.03(6)(d)2.
2. If the vehicle's DLC cannot be located, or is located such that an inspector cannot reasonably access it during the course of a vehicle inspection, the vehicle shall receive a waiver equipment inspection as provided in s.
Trans 131.05 and, pending the outcome of this inspection, be referred to a technical assistance center or other facility or inspector designated by the department to perform the functions of a technical assistance center for issuance of a technical waiver of compliance as provided in s.
Trans 131.04 (1) (b).
Trans 131.03(6)(d)3.
3. The inspector shall connect the inspection system to the vehicle by connecting the vehicle's DLC to the OBD II inspection system. The inspection system shall determine what readiness monitors are supported by the vehicle's OBD II system, and perform a readiness evaluation or applicable readiness monitors in accordance with the USEPA technical guidance. If the readiness evaluation indicates that any on-board tests are not complete, the vehicle shall be rejected from inspection. Vehicles rejected because on-board tests are not complete shall be required to leave the inspection station, pursue a means of completing on-board tests, and return for inspection.
Trans 131.03(6)(d)4.
4. An exception is allowed for model year 1996 to model year 2000 vehicles, with 2 or fewer unset readiness monitors, and for model year 2001 and newer vehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness monitors in question, may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular readiness monitors. Vehicles from those model years with unset readiness monitors which also have DTCs stored resulting in the MIL to be commanded on shall fail the OBD inspection.
Trans 131.03(6)(d)5.
5. If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.
Trans 131.03(6)(d)8.
8. If the malfunction indicator status indicates that the MIL has been commanded to be illuminated, the inspection system shall record all DTCs resulting in MIL illumination in the vehicle inspection record.
Trans 131.03(6)(d)10.
10. Vehicles failing the OBD inspection may not be reregistered within the state of Wisconsin until such failing items have been repaired or replaced if necessary as required by s.
285.30 (6), Stats.
