2006 Code of Virginia § 46.2-1180 - Board to adopt regulations; exemption of certain motor vehicles

46.2-1180. Board to adopt regulations; exemption of certain motor vehicles.

A. The Board is authorized to adopt such regulations for purposes ofimplementation, administration, and regulation as may be necessary to carryout the provisions of this article. Such regulations shall include but notnecessarily be limited to requirements for the following:

1. The collection of data and maintenance of records of emissions inspectiontest results and vehicle repairs under this article and the inspectionresults of the air pollution control systems or devices in accordance with 46.2-1048 and regulations of the Board.

2. The calibration of emissions testing equipment by emissions inspectionstations to ensure conformance with the standards adopted by the Board.

3. The establishment of appropriate referee stations.

4. The permitting of emissions inspection stations and fleet emissionsinspection stations and the licensing of emissions inspectors, including thesuspension or revocation of such permit or license.

5. The protection of consumer interests in accordance with regulations of theBoard concerning, but not limited to: (i) the number of inspection facilitiesand inspection lanes relative to population density, (ii) the proximity ofinspection facilities to motor vehicle owners, (iii) the time spent waitingfor inspections, and (iv) the days and hours of operation of inspectionfacilities.

6. The prohibition of any manufacturer or distributor of emissions testingequipment from directly or indirectly owning or operating any emissionstesting facility or having any direct or indirect financial interest in anysuch facility other than the leasing of or providing financing for equipmentrelated to emissions testing.

7. The certification of motor vehicle emissions repair technicians andemissions repair facilities, including the suspension or revocation of suchcertification. The regulations shall apply to emissions repair techniciansand emissions repair facilities that conduct emissions-related repairs forvehicles that have failed a motor vehicle emissions test according toregulations adopted by the Board.

The Director shall administer these regulations and seek compliance withconditions of any contractual arrangements which the Commonwealth may makefor inspection services related to air pollution control.

B. (For contingent expiration date, see Editor's note) Motor vehicles beingtitled for the first time may be registered for up to two years without beingsubject to an emissions inspection, and the four immediately preceding modelyears being held in a motor vehicle dealer's inventory for resale may beregistered in the localities mentioned in subsection C of 46.2-1178 for upto one year without being subject to an emissions inspection, provided thatthe dealer states in writing that the emissions equipment on the motorvehicle was operating in accordance with the manufacturer's or distributor'swarranty at the time of resale.

B. (For contingent effective date, see Editor's note) Motor vehicles beingtitled for the first time may be registered for up to four years withoutbeing subject to an emissions inspection, and the four immediately precedingmodel years being held in a motor vehicle dealer's inventory for resale maybe registered in the localities mentioned in subsection C of 46.2-1178 forup to one year without being subject to an emissions inspection, providedthat the dealer states in writing that the emissions equipment on the motorvehicle was operating in accordance with the manufacturer's or distributor'swarranty at the time of resale.

C. No motor vehicle for which the Board has not adopted emissions inspectionstandards shall be subject to an emissions inspection.

D. The Director may enter into bilateral agreements with other statesproviding for assistance in enforcing each state's statutes and regulationsrelating to motor vehicle emissions and motor vehicle emissions programs asto vehicles registered in one state and operated in another. Subject to suchbilateral agreement, owners of motor vehicles registered in other states andoperated in Virginia shall be subject to the on-road testing provisions of 46.2-1178.1, and shall be notified of test results and assessment of civilcharges for noncompliance with emissions standards adopted by the Board. Suchnotification shall also be provided to the appropriate motor vehicle agencyin the state of registration.

(1980, c. 469, 46.1-326.6; 1982, c. 92; 1988, c. 806; 1989, c. 727; 1993,cc. 995, 998; 1993, Sp. Sess., c. 2; 1994, c. 838; 1995, cc. 836, 851; 1997,c. 559; 2006, c. 729.)