Part V. Emissions Inspector Testing and Licensing
9VAC5-91-380. Emissions inspector licenses and renewals.
A. The director shall issue, suspend, revoke or deny licenses, and establish procedures and other instructions for emissions inspectors.
B. Applicants shall qualify under 9VAC5-91-390 and shall demonstrate to the department proof of identification and the ability to properly conduct vehicle emissions inspections according to this chapter prior to being issued an emissions inspector license.
C. Application for licenses shall be made to, and in accordance with procedures approved by, the department.
D. Licenses shall be valid for time periods determined by the department, not to exceed three years from the end of the month in which issued.
1. Upon expiration of the license, the emissions inspector shall no longer be authorized to perform emissions inspections.
2. Upon expiration of the license, the applicant shall be required to pass the testing requirements in 9VAC5-91-390 before being relicensed.
E. When supported by justification which the department deems adequate, the director may, upon written request by an emissions inspector, extend the expiration date of a license by a period not to exceed three months beyond the original expiration date for the purpose of allowing sufficient time for an inspector to correct such deficiencies in the application, such as completion of the required instruction, as have been identified by the department and to allow completion of the application review by the department. Such application for license extension may require demonstration of the applicant's ability to perform an emissions inspection at an emissions inspection or referee facility to the satisfaction of the department.
F. No person shall represent themselves as an emissions inspector without holding a valid emissions inspector license issued by the director and a valid motor vehicle driver's or operator's license.
1. All required licenses shall be made available to department personnel upon request.
2. It is the responsibility of the emissions inspector to have both a current valid emissions inspector and a valid motor vehicle driver's or operator's license. The department will endeavor to notify inspectors prior to the expiration of their emissions inspector license.
3. Licenses shall be valid only for the person to whom they are issued.
4. Emissions inspector identification numbers and access codes are valid only for the person to whom they are issued. Emissions inspectors shall not provide access codes to anyone except department personnel upon request.
G. Upon notification of revocation, the inspector shall surrender to the department all licenses issued by the director. It is the responsibility of the emissions inspector to notify the department of the termination of a suspension period.
H. Emissions inspectors shall keep their current mailing address and place of employment on file with the department and must notify the department of any changes in employment or mailing address.
I. Emissions inspectors may perform emissions inspections at more than one permitted emissions inspection station after notification to the department and with the authorization of the emissions inspection station owners.
J. The provisions of this part apply to current license holders and applicants for initial, renewal, or reinstatement of licenses.
K. Requalification may be required at any time by the department based on the results of monitoring of the performance of the emissions inspector or based on changes in applicable vehicle emissions control or inspection technology. Inspectors may be required to complete instruction or testing to satisfy any deficiencies identified by the department and, if necessary, require demonstration of the inspector's ability to perform an emissions inspection at an emissions inspection station or referee facility. Failure to requalify within three months of notification shall result in expiration of the emissions inspector's licenses.
Statutory Authority
§ 46.2-1180 of the Code of Virginia; § 182 of the Clean Air Act; 40 CFR Part 51, Subpart S.
Historical Notes
Derived from Virginia Register Volume 13, Issue 5, eff. January 24, 1997; amended, Virginia Register Volume 18, Issue 20, eff. October 1, 2002; Volume 19, Issue 3, eff. December 1, 2002; Volume 35, Issue 5, eff. November 28, 2018.
9VAC5-91-390. Qualification requirements for emissions inspector licenses.
A. Applications to qualify for emissions inspector licenses shall be filed with the department and the issuance of the licenses shall be administered by the department. Applications for such licenses shall be completed on forms provided by the department. Before an applicant may be given a license, he must comply with the requirements of this section. The department will notify applicants of the evaluation requirements prior to testing.
B. An applicant shall demonstrate the ability to operate the certified analyzer systems properly and perform testing as required by this chapter.
C. No emissions inspector license shall be issued unless it is shown to the satisfaction of the director that the emissions inspector has the ability and resources to perform emissions inspections without causing a violation of the applicable provisions of this chapter and the Virginia Motor Vehicle Emissions Control Law.
D. Any applicant whose license has been revoked shall make a showing to the director that the condition causing the revocation has been corrected to the satisfaction of the director.
E. An applicant shall bear a valid motor vehicle driver's or operator's license and shall present proof of such license to the department at the time of application.
F. An applicant shall demonstrate knowledge, skill, and competence concerning the conduct of emissions inspections. Such knowledge, skill and competence shall be demonstrated by completing training courses approved by the department and by passing a qualification test (scoring 80% or higher) which may include, but not be limited to, knowledge of the following:
1. Operation and purpose of emissions control systems.
2. General relationship of hydrocarbon, oxides of nitrogen (NOx), and carbon monoxide emissions to timing and air-to-fuel ratio control.
3. General information regarding adjustment and repair based on manufacturers' specifications.
4. This regulation (9VAC5-91).
5. General information regarding contemporary diagnostic and engine tune-up procedures.
6. The provisions of the Emissions Control Systems Performance Warranty pursuant to § 207(b) of the federal Clean Air Act as it applies to this chapter.
7. Visual inspection of the required emissions control equipment for 1973 and newer vehicles.
8. Operation of and proper use, care, maintenance, and gas span checking of certified analyzer systems.
9. Proper use of and distribution of motor vehicle inspection reports, certificates of emissions inspection, and supplemental documents.
10. Inspections for visible smoke emissions.
11. Safety and public health as it applies to the Virginia Vehicle Emissions Control Program.
12. Public relations as it applies to the Virginia Vehicle Emissions Control Program.
Statutory Authority
§ 46.2-1180 of the Code of Virginia; § 182 of the Clean Air Act; 40 CFR Part 51, Subpart S.
Historical Notes
Derived from Virginia Register Volume 13, Issue 5, eff. January 24, 1997; amended, Virginia Register Volume 29, Issue 24, eff. August 28, 2013.
9VAC5-91-400. Conduct of emissions inspectors.
Emissions inspectors shall be truthful and cooperate with the department during the conduct of audits, investigations and complaint resolution and all official matters.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and 46.2-1187.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 13, Issue 5, eff. January 24, 1997.