(1) The executive director is authorized to issue, deny, cancel, suspend, or revoke licensure for, and shall furnish instructions and all necessary forms to, diesel emissions inspection stations and inspectors. Fees for such licenses shall be established by regulations promulgated by the executive director.
(2) The executive director shall supervise the activities of licensed diesel emissions inspection stations and inspectors and shall cause inspections to be made of such stations and records and such inspectors for compliance with licensure requirements. The accuracy of a licensed station's smoke opacity meters shall be inspected not less than once every sixty days.
(3) The executive director shall require the surrender of any license which has been issued upon the cancellation, suspension, or revocation of the license for a violation of any of the provisions or of any of the regulations of the diesel emissions inspection program established pursuant to this part 4.
(4) The executive director shall adopt regulations for the administration and operation of diesel emissions inspection stations and for the issuance, identification, and use of certifications of emissions control and shall adopt such rules and regulations as may be necessary to improve the effectiveness of the diesel emissions inspection program.
(5) (a) On and after January 1, 1991, the executive director shall hold hearings annually concerning the maximum inspection fee in order to ascertain whether such fee provides fair compensation for performing diesel emission-opacity inspections and represents an equitable charge to the consumer for such inspection.
(b) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2319, � 1, effective January 1, 1995. L. 2002: (5)(b) repealed, p. 871, � 8, effective August 7.
Editor's note: This section is similar to former � 25-7-603 as it existed prior to 1994, and the former � 42-4-405 was relocated to � 42-4-506.
42-4-406. Requirement of certification of emissions control for registration - testing for diesel smoke opacity compliance. (1) (a) A diesel vehicle in the program area that is registered or required to be registered pursuant to article 3 of this title, routinely operates in the program area, or is principally operated from a terminal, maintenance facility, branch, or division located within the program area shall not be sold, registered for the first time, or reregistered unless such vehicle has been issued a certification of emissions control within:
(I) The past twelve months if the motor vehicle is a heavy-duty diesel vehicle that is over ten model years old;
(II) The last twenty-four months if the motor vehicle is a heavy-duty diesel vehicle that is ten model years old or newer;
(III) The last twelve months if the motor vehicle is a light-duty diesel vehicle that is at least ten model years old or that is model year 2003 or older; or
(IV) The last twenty-four months if the motor vehicle is a light-duty diesel vehicle that is ten model years old or newer and that is model year 2004 or newer.
(b) (I) A certification of emissions control shall be issued to any diesel vehicle that has been inspected and tested pursuant to subsection (2) of this section for diesel smoke opacity compliance and was found at such time to be within the smoke opacity limits established by the commission.
(II) Notwithstanding subparagraph (I) of this paragraph (b), new diesel vehicles, required under this section to have a certification of emissions control, shall be issued a certification of emissions compliance without inspection or testing. Prior to the expiration of the certification, the owner shall have the vehicle inspected and shall obtain a certification of emissions control for diesel smoke opacity compliance. The certificate shall expire on the earliest to occur of the following:
(A) The anniversary of the day of the issuance of the certification when the vehicle has reached its fourth model year if it is a light-duty diesel vehicle;
(B) The anniversary of the day of the issuance of the certification when the vehicle has reached its fourth model year if it is a heavy-duty diesel vehicle;
(C) The anniversary of the day of the issuance of the certification when the vehicle has reached its sixth model year if the vehicle has a gross vehicle weight rating of twenty-six thousand pounds or more and it is of a model year of 2014 or newer; or
(D) On the date of the transfer of ownership if the date is within twelve months before the certification would expire under sub-subparagraph (A), (B), or (C) of this subparagraph (II), unless the transfer of ownership is a transfer from the lessor to the lessee.
(2) (a) On or after January 1, 1990, all heavy duty diesel vehicles in the program area not subject to the provisions of section 42-4-414, with fleets of nine or more, shall be required to be tested for diesel smoke opacity compliance at a licensed diesel inspection station by submitting to loaded mode opacity testing utilizing dynamometers or on-road tests as prescribed by the commission.
(b) Light-duty diesel vehicles in the program area shall be required to be tested for diesel smoke opacity compliance at a licensed diesel inspection station by submitting to loaded mode opacity testing utilizing dynamometers.
Source: L. 94: Entire title amended with relocations, p. 2319, � 1, effective January 1, 1995. L. 95: (1)(a) amended, p. 954, � 11, effective May 25. L. 97: (1)(b)(II) amended, p. 120, � 1, effective August 6. L. 2003: (1)(a), (1)(b)(II), and (2)(b) amended, p. 1024, � 3, effective August 6. L. 2004: (1)(b) amended, p. 252, � 1, effective July 1. L. 2006: (1)(a) and (1)(b)(II)(A) amended, p. 915, � 1, effective July 1, 2007. L. 2015: (1)(b)(II) amended, (HB 15-1134), ch. 172, p. 541, � 1, effective August 5.
Editor's note: This section is similar to former � 25-7-604 as it existed prior to 1994, and the former � 42-4-406 was relocated to � 42-4-507.
42-4-407. Requirements for a diesel emission-opacity inspection - licensure as diesel emissions inspection station - licensure as emissions inspector. (1) Unless a diesel emissions inspector performs an inspection at a licensed diesel inspection station or self-certification fleet station, as described in section 42-4-414, a diesel emission-opacity inspection shall not be performed and a certification of diesel emissions control shall not be issued; except that a certification of diesel emissions control may be issued for a heavy-duty fleet vehicle maintained in compliance with any rules the commission promulgates under section 42-4-414 (2)(b.5).
(2) No station shall be licensed as a diesel emissions inspection station unless the executive director finds that:
(a) The facilities of the station are of adequate size and the station is properly equipped. Such equipment shall include:
(I) A smoke opacity meter which may be owned or leased and which has been approved as being in good working order by the executive director and has been registered with the department of public health and environment;
(II) Any other equipment or testing devices which are required by rule or regulation of the commission;
(b) The owner or operator of the station has one or more licensed diesel emission inspectors employed or under contract and such inspectors are responsible for all diesel emission-opacity inspections and the issuance of all certifications of emissions control;
(c) Inspection procedures shall be properly conducted and shall include a smoke opacity inspection. For model years 1991 and newer, inspection procedures shall include evaluation of applicable emissions control systems.
(3) Applications for licensure as a diesel inspection station shall be made on forms prescribed by the executive director.
(4) No person shall be licensed as a diesel emissions inspector unless the person has demonstrated necessary skills and competence in the performance of diesel inspection by passing a qualification test developed and administered by the executive director of the department of public health and environment.
Source: L. 94: Entire title amended with relocations, p. 2320, � 1, effective January 1, 1995. L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1709, � 139, effective August 7; (1) amended, (HB 13-1091), ch. 94, p. 301, � 2, effective January 1, 2014.
Editor's note: This section is similar to former � 25-7-605 as it existed prior to 1994, and the former � 42-4-407 was relocated to � 42-4-508.