2006 Code of Virginia § 46.2-1178.1 - On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges

46.2-1178.1. On-road testing of motor vehicle emissions; authority to adoptregulations; civil charges.

A. The emissions inspection program authorized by 46.2-1177 and providedfor in 46.2-1178 shall include on-road testing of motor vehicle emissions.The Board may promulgate regulations establishing on-road testingrequirements including, but not limited to, collecting of data andinformation necessary to comply with the federal Clean Air Act Amendments of1990, random testing of motor vehicle emissions, procedures to notify ownersof test results, and assessment of civil charges for noncompliance withemissions standards adopted by the Board.

B. If an emissions test performed pursuant to this section indicates that amotor vehicle does not meet emissions standards established by the Board, theBoard may collect from the owner of the vehicle a civil charge based onactual emissions. The Board shall establish a schedule of civil charges to becollected pursuant to this section. Such civil penalties shall not exceed$450 using 1990 as the base year and adjusted annually by the Consumer PriceIndex. The schedule of charges and their assessment shall be established byregulations promulgated to be in accordance with the provisions of theAdministrative Process Act ( 2.2-4000 et seq.).

C. Civil charges assessed pursuant to this section shall be waived by theBoard if, within thirty calendar days of notice of the violation, thevehicle's owner provides proof that the vehicle (i) since the date of theviolation, has passed a vehicle emissions test as provided in 46.2-1178,(ii) qualifies for an emissions inspection waiver as provided in 46.2-1181,or (iii) has qualified for an emissions inspection waiver as provided in 46.2-1181 within the twelve months prior to the violation.

D. Civil charges collected pursuant to this section shall be paid into thestate treasury and deposited by the State Treasurer into the VehicleEmissions Inspection Program Fund pursuant to 46.2-1182.2.

E. If on-road testing indicates that a motor vehicle does not exceedemissions standards adopted by the Board for on-road testing pursuant to 46.2-1179, such testing may be considered proof of compliance for thepurposes of 46.2-1183 and may be considered to satisfy the requirements of 46.2-1177 for a biennial inspection. The Board shall establish criteriaunder which such testing shall satisfy the requirements of 46.2-1183.

(1995, cc. 836, 851; 1996, cc. 35, 100; 2002, c. 710.)