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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 91. Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
9/29/2020

9VAC5-91-620. Major Violations.

A. Major violations are considered the most serious of offenses resulting from unacceptable performances in the conduct of emissions inspections, the operation of emissions analyzer systems, and the conduct of emissions related repairs. Such violations are of a nature that would directly affect the integrity, credibility, and emissions reduction effectiveness of the vehicle emissions inspection program.

B. A violation of the following provisions of this chapter by any person or facility whether or not permitted, licensed or certified, shall constitute a major violation:

9VAC5-91-220 B, C, E, F

9VAC5-91-290 B, C, D, E, G

9VAC5-91-300 B, C

9VAC5-91-320 A, D

9VAC5-91-330

9VAC5-91-340 A, D

9VAC5-91-360 B, C, E

9VAC5-91-370 A, C

9VAC5-91-380 F, I

9VAC5-91-400

9VAC5-91-410

9VAC5-91-420 (except D 4)

9VAC5-91-430 A 1, 2, 3, 5, 8

9VAC5-91-440 A 1, 7

9VAC5-91-450 A, C, D

9VAC5-91-480 A

9VAC5-91-490 A, B, C

9VAC5-91-510 C, H

9VAC5-91-530 A, B, D, E, F, G

9VAC5-91-560 C

9VAC5-91-580 A, D, E

9VAC5-91-640 B

C. Obtaining a permit, license or certification by false statement or misrepresentation or operating under a permit, license or certification while not in compliance with the conditions for such permit, license, or certification is a major violation and shall be grounds for revocation.

D. Use of alcohol or illegal drugs while performing emissions inspections or emissions-related repair, or performing emissions inspections or emissions-related repair while under the influence of alcohol or illegal drugs, shall be considered a major violation and shall be grounds for revocation of the license, permit or certificate.

E. Any third and subsequent minor violation within 24 months shall be considered a major violation.

F. Any violation of the Virginia Motor Vehicle Emissions Control Law and this chapter that is not specifically identified in this section may be treated as a major violation if the director determines on a case-by-case basis that the violation fits the criteria for major violations set forth in subsection A of this section.

Statutory Authority

§ 46.2-1180 of the Code of Virginia.

Historical Notes

Derived from Volume 13, Issue 12, eff. April 2, 1997; amended, Virginia Register Volume 18, Issue 20, eff. October 1, 2002.

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