Part XII. On-Road Testing
9VAC5-91-740. General requirements.
A. The on-road testing program shall conform, at a minimum, to the requirements of 40 CFR 51.371 and § 46.2-1178.1 of the Code of Virginia applicable to the program area in which it is employed.
B. The emissions standards for the on-road remote sensing program are the on-road high emitter emissions standards, the clean screen vehicle standards, or both.
C. The on-road testing program and clean screen program including the emissions standards applicable thereto shall apply to any affected motor vehicles registered or operated primarily in the program area.
D. An on-road clean screen program shall be implemented according to the following schedule:
1. On and after July 1, 2012, and before July 1, 2013, an on-road clean screen program shall be limited to no more than 10% of the motor vehicles described in subsection C of this section that are eligible for emissions inspection during the applicable 12-month period;
2. On and after July 1, 2013, and before July 1, 2014, an on-road clean screen program shall be limited to no more than 20% of the motor vehicles described in subsection C of this section that are eligible for emissions inspection during the applicable 12-month period; and
3. On and after July 1, 2014, an on-road clean screen program shall be limited to no more than 30% of the motor vehicles described in subsection C of this section that are eligible for emissions inspection during the applicable 12-month period.
E. The on-road emissions inspector shall issue a clean screen vehicle notification to owners of affected motor vehicles that have met the clean screen emissions standards. The notification shall be issued in a timeframe compatible with the Virginia Department of Motor Vehicles vehicle registration renewal notification.
F. A motor vehicle owner who has received a clean screen vehicle notification may choose to meet the vehicle registration requirements of § 46.2-1183 of the Code of Virginia by participating in the clean screen program according to § 46.2-1178.1 E of the Code of Virginia.
G. The on-road emissions inspector performing on-road testing under this subsection may charge each motor vehicle owner who elects to participate in the on-road clean screen program an inspection fee in an amount as designated in § 46.2-1182 of the Code of Virginia.
H. The director may reduce the percentage of vehicles eligible to participate in the on-road clean screen program as is necessary to meet applicable air quality requirements under the federal Clean Air Act in accordance with § 46.2-1178 C of the Code of Virginia.
I. At the discretion of the director, the implementation or operation of the clean screen program may be suspended or revoked for failure to operate in accordance with the provisions of Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia and the regulations adopted thereunder.
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 21, Issue 19, eff. June 29, 2005; Volume 29, Issue 9, eff. December 15, 2012; Volume 35, Issue 5, eff. November 28, 2018.
9VAC5-91-741. Financial assistance program.
A. Vehicles identified by on-road testing that fail to meet emissions standards may qualify for financial assistance for emissions-related diagnostic and repair services.
B. Repairs shall be performed by, or under the supervision or approval of, a certified emissions repair technician at a certified emissions repair facility.
C. The department will notify owners of vehicles that violate the remote sensing requirements of 9VAC5-91-180. The notification will inform owners of the potential for financial assistance and how to apply for the assistance for repairs to vehicles identified via remote sensing if they meet the eligibility requirements in 9VAC5-91-742 and the subsidy percentage of total eligible repair costs.
D. For affected motor vehicles subject to a confirmation test, the department may provide a subsidy of up to 50% of the amount spent on emissions related repairs up to a maximum of 50% of the waiver amount for repairs performed to comply with the emission standards prescribed in 9VAC5-91-160 and 9VAC5-91-170. The director may increase or decrease the subsidy percentage depending upon the number of applications received, average expenditure for repair, and availability of funds.
Statutory Authority
§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of the Code of Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51, Subpart S.
Historical Notes
Derived from Virginia Register Volume 21, Issue 19, eff. June 29, 2005.
9VAC5-91-742. Eligibility requirements for financial assistance.
A. In order to qualify for financial assistance, a person shall meet the following requirements, as applicable:
1. Be the registered owner of an eligible vehicle for which all appropriate registration fees for the vehicle with the Department of Motor Vehicles have been paid.
2. Have a household income that is less than or equal to 133% of the federal Poverty Guidelines, as published by the United States Department of Health and Human Services; and
3. Spend a minimum copayment of one hundred dollars on emissions-related repairs at a certified vehicle emissions repair facility. Money spent to correct tampered emissions control systems or to make a vehicle test ready shall not be included in the copayment. Repairs shall meet the requirements of 9VAC5-91-741 B.
B. In order to qualify for financial assistance, a vehicle shall be an affected motor vehicle that:
1. Is subject to the provisions of § 46.2-1177 of the Code of Virginia;
2. Can be driven under its own power to the emissions repair facility;
3. Is currently registered or is operated primarily in the program area;
4. Has a current and valid Virginia Motor Vehicle Safety Inspection as provided in §§ 46.2-1157 and 46.2-1158 of the Code of Virginia; and
5. Has been issued a notice of violation under 9VAC5-91-750 B.
C. The owners of the following vehicles are not eligible for financial assistance:
1. A vehicle undergoing a transfer of ownership.
2. A vehicle being initially registered in Virginia.
3. A nonconforming vehicle.
4. A vehicle powered exclusively by a clean special fuel.
5. A vehicle owned or operated by a fleet.
6. A vehicle registered to a nonprofit organization.
7. A vehicle owned or leased by a commercial entity.
8. A vehicle owned or leased by a government entity.
9. A vehicle registered as an antique vehicle.
10. A vehicle that is unable to complete a motor vehicle emissions inspection according to 9VAC5-91-410 through 9VAC5-91-490.
Statutory Authority
§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of the Code of Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51, Subpart S.
Historical Notes
Derived from Virginia Register Volume 21, Issue 19, eff. June 29, 2005.
9VAC5-91-743. Application and documentation requirements.
A. Persons seeking financial assistance shall submit a completed application to the department or its designee with original signature.
B. The application shall include copies of the following documents, as applicable:
1. Any invoices for emissions-related repairs performed pursuant to a notification of violation issued under 9VAC5-91-750 B prior to applying financial assistance.
2. Any emissions repair data forms from the certified emissions repair facility supporting the repair invoices.
3. Any other information as may be required by the department to determine eligibility and/or compliance.
Statutory Authority
§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of the Code of Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51, Subpart S.
Historical Notes
Derived from Virginia Register Volume 21, Issue 19, eff. June 29, 2005.
9VAC5-91-750. Operating procedures; violation of on-road high emitter standards.
A. Remote sensing equipment shall be operated in accordance with the remote sensing equipment manufacturers operating instructions and any contract or agreement between the department and the equipment operator.
B. Motor vehicles determined by remote sensing equipment to have exceeded on-road high emitter standards shall be considered to have violated such emissions standards.
1. Owners of such motor vehicles will be issued a notice of violation and shall be subject to the civil charges in 9VAC5-91-760 unless waived pursuant to this section.
2. Upon a determination by the department that a violation has occurred, motorists will be informed by the department or its representative of the failure to comply with emissions standards and of the dates, times, and places such remote sensing measurement occurred.
C. Civil charges assessed pursuant to this part will be waived if, within 30 days of the date of the notice of the violation, the motor vehicle owner provides proof to the department that:
1. Since the date of the violation, the vehicle has passed, or received a waiver as the result of, a confirmation test, or
2. Within the 12 months prior to the violation, the vehicle had received an emissions inspection waiver.
D. The requirement for an emissions inspection or payment of civil charges, based on a remote sensing failure, may be waived by the department if the affected motor vehicle in question is, by virtue of its registration date, required to have an emissions inspection within three months of the date of the remote sensing measurement that indicates the vehicle has (i) exceeded the on-road high emitter emission standards; or (ii) has received a waiver within the 12 months prior to the violation.
E. For 1996 and newer model vehicles with OBD, the director may require that the vehicle pass an exhaust test (ASM or two-speed idle) in addition to the OBD system test.
F. Notices of violation and civil charges may be issued to any motorist no more than two times in any 365-day period for any one motor vehicle.
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 21, Issue 19, eff. June 29, 2005; Volume 29, Issue 9, eff. December 15, 2012; Volume 35, Issue 5, eff. November 28, 2018.
9VAC5-91-760. Schedule of civil charges.
A. No charge shall exceed an adjusted maximum charge of $450 adjusted annually by using 1990 as the base year and applying the consumer price index.
B. For violations measured in accordance with 9VAC5-91-750 B to be up to 150% of the applicable standard, the charge shall not exceed 50% of the adjusted maximum charge in subsection A of this section.
C. For violations measured in accordance with 9VAC5-91-750 B to be over 150% of the applicable standard, the charge shall not exceed the adjusted maximum charge in subsection A of this section.
D. Civil charges assessed pursuant to this part shall be paid into the state treasury according to § 46.2-1178.1 of the Code of Virginia.
E. For the purpose of applying a civil charge as prescribed in this section, the degree of violation shall be determined by averaging the highest percentages by which the emissions standard was exceeded for each remote sensing measurement in which at least one of the applicable standards was exceeded.
Statutory Authority
§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of the Code of Virginia; § 182 of the federal 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 21, Issue 19, eff. June 29, 2005.
9VAC5-91-770. (Repealed.)
Federal Facilities (REPEALED)
Historical Notes
Derived from Virginia Register Volume 13, Issue 5, eff. January 24, 1997; repealed, Virginia Register Volume 18, Issue 20, eff. October 1, 2002.