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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 96-439b

[26 Pa.B. 1221]

[Continued from previous Web Page]

§ 177.3.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ASM test--Acceleration Simulation Mode test--A type of transient or ''loaded'' mode emission test, utilizing a dynamometer, which simulates driving a vehicle at a predetermined speed and driving condition.

   Antique motor vehicle--A motor vehicle, which displays a current antique motor vehicle registration plate issued by the Department, and which is consistent with the definition of ''antique motor vehicle'' as provided in section 102 of the Vehicle Code (relating to definitions).

   Approved exhaust emission analyzer--An instrument, developed for measuring the hydrocarbon, carbon monoxide, carbon dioxide or oxides of nitrogen emissions from the exhaust system of a vehicle, which meets required emission analyzer specifications and program requirements and has been approved by the Department under § 177.406(b) (relating to tools and equipment).

   BAR 90--The acronym used for the California Bureau of Automotive Repair's ''Exhaust Gas Analyzer Specifications'' provided in 1990, for the testing and documentation of technical specifications required for the approval of analyzer use in California for the measurement of hydrocarbon and carbon monoxide emissions. These specifications, including performance criteria, design characteristics, instrument evaluation procedures and documentation, warranty requirements and logistics must be met or surpassed for an exhaust gas analyzer to be considered equivalent to the BAR 90 exhaust gas analyzer. Copies of the BAR 90 specifications may be obtained from the Department of Consumer Affairs, Bureau of Automotive Repair, California Vehicle Inspection Program, 3116 Bradshaw Road, Sacramento, California 95827. A fee for this document may be required.

   BAR 80--The acronym used for the California Bureau of Automotive Repair's ''Exhaust Gas Analyzer Specifications: 1979'' provided in 1980 for the testing and documentation of technical specifications required for the approval of analyzer use in California for the measurement of hydrocarbon and carbon monoxide emissions.

   Bureau--The Bureau of Motor Vehicles of the Department of Transportation of this Commonwealth.

   Business day--Each day in which an appointed emission inspection station is open for business, excluding Sundays and selected State holidays determined by the Department.

   CO--Carbon monoxide--A colorless, odorless gas formed by incomplete combustion of carbon, including gasoline. It is considered a mobile source pollutant.

   CO2--Carbon dioxide--A colorless, odorless incombustible gas formed during respiration and combustion.

   Certificate of emission inspection--A serially numbered sticker that, when affixed to the windshield of a vehicle, indicates that the vehicle has passed an emission inspection consistent with this chapter.

   Certificate of waiver--An official Department document indicating that the requirement of passing emission reinspection has been waived for a vehicle under § 177.291 (relating to certificates of emission inspection procedures).

   Certified emission inspector--A person who holds a valid certification card issued by the Bureau which certifies that the person is qualified and has passed the requirements to perform enhanced emission inspections on subject vehicles in an appointed emission inspection station.

   Classic motor vehicle--A motor vehicle, but not a reproduction thereof, which displays a current classic motor vehicle registration plate issued by the Department and meets the definition provided in section 102 of the Vehicle Code.

   Commonwealth emission inspection station--An inspection station appointed to conduct enhanced emission inspections on subject vehicles owned by and engaged exclusively in the performance of the official duties of the Federal Government, the Commonwealth or a political subdivision of the Commonwealth.

   Consumer complaint emission inspection procedure--The method provided for consumers who wish to have the results of the emission inspection verified at an inspection facility or lane operated under contract to the Department where the verification is supervised by a Department designated official.

   Decentralized inspection--A system for vehicle enhanced emission inspections using privately owned and operated, Department-certified facilities to provide for vehicle emission testing or allowing for repairs, or both.

   Department--The Department of Transportation of the Commonwealth.

   EPA--The Environmental Protection Agency.

   Emission inspection--The testing of the exhaust emissions of a subject vehicle, while it is running, for CO, HC or NOx, as required by Department procedures.

   Emission inspection test report--A document automatically generated by the analyzer testing device once the testing cycle is completed. This document will be reviewed by a certified emission inspector before presentation to the owner or driver of the subject vehicle and will provide emission related inspection information, including the test standards and the actual test results for the subject vehicle.

   Enhanced emission inspection program--A vehicle emission inspection program as defined by the EPA and includes computerized emission analyzers, on-road testing and inspection of vehicle emission control devices through a decentralized inspection program.

   Federal standard--A minimum standard of vehicle or vehicle equipment performance issued under the National Traffic and Motor Vehicle Safety Act (15 U.S.C.A. § 1381), the Motor Vehicle Information and Cost Savings Act (15 U.S.C.A. § 1901) or the Clean Air Act (42 U.S.C. A.§ 1857).

   Field certified exhaust emission analyzer--An approved exhaust emission analyzer certified by the manufacturer or distributor as being properly calibrated at the emission inspection station according to the manufacturer's specifications and Department procedures and capable of properly recording, storing and transferring test data.

   Fleet emission inspection station--An inspection station appointed to inspect a minimum of 15 subject vehicles, space permitting, leased or owned and registered in the name of the person in whose name the certificate of appointment is issued.

   GVMR--Gross vehicle weight rating--The value specified by the manufacturer on the Federal weight certification label as the loaded weight of a single vehicle.

   General emission inspection station--An inspection station appointed to conduct emission inspections on subject vehicles.

   HC--Hydrocarbon.

   Idle test--A vehicle emission inspection test procedure for sampling exhaust emissions which requires maintaining the vehicle's engine speed in the idle range of rpms. The vehicle engine speed is set with the operational range of rpms as prescribed in 40 CFR Part 51, Subpart S, Appendix B(I) (relating to test procedures), and the exhaust gas emissions are measured within the single idle speed range.

   I/M--Inspection/Maintenance.

   I/M area--The geographic area which the Department has identified as an enhanced emission I/M program designated area. These areas are certified by the Secretary and published in the Pennsylvania Bulletin. Copies of the designations are available upon request.

   I/M indicator insert (for safety certificate of inspection)--An insert containing an indicator in the background to be affixed to the safety certificates of inspection to indicate a requirement for an emission I/M inspection.

   I/M monthly insert (for a certificate of emission inspection)--An insert to be affixed to the certificate of emission inspection to show the expiration date of the current emission I/M inspection.

   I/M registration indicator--An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.

   Inspection station investigator--A person designated by the Department to investigate, inspect and supervise the operations of general, fleet, consumer complaint and Commonwealth emission inspection stations.

   Implement of husbandry--A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and only incidentally operated or moved upon highways.

   Inspection area--The area in which emission inspections shall be conducted.

   Light duty trucks--Trucks weighing less than 6,000 pounds GVWR.

   Light duty vehicles--Passenger cars or multi-purpose vehicles weighing less than 6,000 pounds GVWR.

   Limited fleet inspection periods--Inspection periods in which approved fleet owners/lessors are required to emission inspect their vehicles, as specified in the Application for Fleet Stations form provided by the Department.

   NMHC--Nonmethane hydrocarbons--A mobile source or exhaust pollutant for which the EPA has set allowable standards.

   OBD--On board diagnostic device--monitors the performance of emission control equipment, the vehicle's fuel metering system and ignition system, and other equipment and operating parameters for the purpose of detecting malfunction or deterioration in performance that would be expected to cause a vehicle to fail emissions standards. When these problems are detected, a malfunction indicator lamp located in the dashboard of the vehicle will be illuminated.

   On-road testing device--An exhaust gas analyzer capable of measuring vehicle exhaust gas content outside of the emission inspection station, while the vehicle is in motion on the road or at roadside.

   NOx--Oxides of nitrogen--A mobile source or exhaust pollutant for which the EPA has set allowable standards.

   Qualified Commonwealth employe--An individual, police officer or qualified Department employe, who has completed training in the inspection or weighing of vehicles as required by section 4704, 4981 or 8302 of the Vehicle Code (relating to inspection by police or Commonwealth personnel; weighing and measurement of vehicles; and powers and duties of department).

   Qualifying repairs--Vehicle repairs necessary to correct the deficiencies which resulted in a vehicle's failure of the emission inspection test and which count toward the minimum dollar amount required before a waiver may be issued. For those repairs where repair or replacement of emission-related parts requires replacement of other non-emission related equipment constructed as one indivisible unit by the manufacturer, the total replacement costs or repair costs may be counted toward qualifying repairs.

   Quality assurance officer--A person designated by the Department to investigate, inspect and supervise the operations of contractor-operated emission inspection stations and a vehicle dealer authorized to issue new vehicle emission certificates.

   Ppb--Part per billion.

   Ppm--Part per million.

   Rpm--Revolution per minute.

   Recognized repair facility--A business engaged in the diagnosis and repair of automotive engines and related systems, and one that has been issued or applied for a state sales tax identification number by the Commonwealth or another state jurisdiction.

   Recognized repair technician--A person who has received and has proof of formal training in the diagnosis and repair of automotive engines and related systems, or holds a valid emissions certification certificate issued by the Department, or is employed by a recognized repair facility primarily for the purpose of diagnosing and repairing automotive engines and their related systems.

   Registration recall--A formal action of the Department to withdraw, for an indefinite period, the vehicle registration of a vehicle owner or operator for failure to produce proof of correction or waiver of an on-road emission test failure.

   Residency exemption--A document issued by the Department stating that a residency exemption application has been verified and approved, and that the vehicle listed is exempt from an emission inspection.

   Residency exemption application--An application issued by the Department and used by a Commonwealth vehicle owner residing outside of a designated emission I/M program area to apply for an exemption from emission inspection when the owner has incorrectly received an I/M indicator on the registration card or registration renewal card.

   Secretary--The Secretary of the Department.

   Special mobile equipment--Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including ditch digging apparatus; well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and draglines; and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers; dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached.

   Street rod--A motor vehicle, or a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.

   Subject emission control device--The vehicle emission control devices, including the catalytic convertor, the fuel tank inlet restrictor and the exhaust gas recirculation (EGR) valve which are required to be inspected as part of the emission inspection program.

   Transient test--A vehicle emission inspection test in which the vehicle is tested for exhaust emissions under conditions simulating actual on-road driving conditions. Testing equipment includes a dynamometer that permits simulation of driving and exhaust gas analyzer equipment that analyzes the exhaust gas emissions under various driving conditions.

   Two-speed test--A vehicle emission inspection test in which the exhaust emissions are measured at two ranges of engine revolutions per minute (rpm) as prescribed in 40 CFR Part 51, Subpart S, Appendix B(II) (relating to test procedures--two speed idle test).

   Unsafe condition--A defect, malfunction or condition which may expose an emission inspector to harm in the performance of an emission inspection of that vehicle.

   Vehicle Code--75 Pa.C.S.

   Vehicle Control Division--The division within the Bureau which administers vehicle equipment and inspection matters.

   Vehicle equipment standard--A minimum standard for vehicle performance or vehicle equipment performance which meets the needs of vehicle safety, noise control or air quality control, and which is practicable and provides objective criteria.

   VIN--Vehicle identification number--A combination of numbers or letters, or both, which the manufacturer assigns to a vehicle for identification purposes, or, if no VIN is present on the vehicle, which the Department may assign for identification and for registration purposes.

   Vehicle year--The date of manufacture of a vehicle as specified by the VIN, or, if this number is not available or cannot be interpreted for the year, the annual production period of the vehicle as designated by the manufacturer.

IMPLEMENTATION OF ENHANCED EMISSION INSPECTION PROGRAM

§ 177.21.  Cessation of current vehicle emission inspection program.

   The vehicle emission inspection program which exists at Pennsylvania Code serial pps. 125257--125266, 140091--140094, 125271--125288, 153617--153620, 125291--125306, 182533 and 182554 will cease to be effective on a date designated by the Secretary by notice in the Pennsylvania Bulletin as provided in § 177.22 (relating to commencement date). Certificates of appointment issued to emission inspection stations in the program which exists at the Pennsylvania Code serial pages listed in this section will terminate on a date designated by the Secretary in the Pennsylvania Bulletin. Emission inspection stations in the emission inspection program which exists at the Pennsylvania Code serial pages listed in this section that elect not to be certified to conduct emission inspections under the enhanced emission inspection program shall submit emission inspection related material to Department personnel upon a final audit by the Department.

§ 177.22.  Commencement date.

   The enhanced I/M program, as described in this chapter, will commence on a date designated by the Secretary by notice in the Pennsylvania Bulletin. The notice will provide affected motorists with at least 60 days notice. The Department may exercise discretion in the implementation of the enhanced I/M program with respect to phasing in the areas required to comply.

§ 177.23.  Notification of requirement for emission inspection.

   The Department will notify the owner or lessee of a subject vehicle that is required to have an enhanced emission inspection test.

ENHANCED I/M PROGRAM

§ 177.51.  Program requirements.

   (a)  Network type. Testing shall be performed through a decentralized system of privately owned and operated, Department-certified facilities.

   (b)  Test-and-repair. Emission inspection stations may conduct both testing and repairing of subject vehicles.

   (c)  Annual inspection. Subject vehicles shall be inspected annually in coordination with safety inspection according to procedures established by the Bureau. A safety inspection for a vehicle subject to an emission inspection may not be initiated until the subject vehicle has passed an emission inspection or received a waiver as provided in § 177.281 (relating to issuance of waiver). Safety inspection stations are not required to conduct emission inspections to maintain certification as safety inspection stations.

   (d)  I/M areas covered. The Department will establish areas of this Commonwealth which are subject to an emission inspection by certification of the Secretary of the need to comply with Federal law and will publish the certification as a notice in the Pennsylvania Bulletin listing the I/M areas.

   (e)  Model year coverage. Subject gasoline-powered motor vehicles with a model year of 1975 and newer are subject to an emission inspection.

   (f)  Exhaust emission test types. The following test types will be administered to the appropriate model years and fuel types:

   (1)  ASM emission testing of 1975 and newer vehicles, utilizing test equipment and procedures as specified and approved by the EPA, for vehicles registered in the following counties:

   (i)  Bucks.

   (ii)  Chester.

   (iii)  Delaware.

   (iv)  Montgomery.

   (v)  Philadelphia.

   (2)  Idle testing of subject vehicles as described in 40 CFR Part 51, Subpart S, Appendix B (relating to test procedures), which is adopted by reference, shall be required for vehicles registered in the remaining counties required to undergo emission inspection.

   (g)  Emission test procedures and standards. Emission test procedures and standards shall be consistent with §§ 177.201--177.205 (relating to general).

   (h)  Exhaust emission test equipment. Exhaust emission test equipment requirements shall be consistent with §§ 177.201--177.205.

   (i)  On-road testing. The Department will conduct on road testing of subject vehicles as authorized in section 4704(a)(4) of the Vehicle Code (relating to inspection by police or Commonwealth personnel). Drivers of vehicles shall permit the testing of their vehicles by authorized personnel.

   (j)  Recall. The owner of a vehicle for which a voluntary or mandatory manufacturer's emission-related recall notice was issued after 6 months after the commencement of an enhanced I/M program in the affected county shall have the necessary repairs completed prior to presenting the vehicle for emission inspection as a prerequisite to begin the emission inspection process.

   (k)  Subsequent approval by the EPA of emission test equipment, test procedures or report requirements. If the EPA develops or approves other emission test equipment, test procedures or report requirements, the Department may adopt the subsequently approved equipment, procedures or reports consistent with section   4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).

   (l)  (Reserved).

§ 177.52.  Emission inspection prerequisites.

   The following prerequisites shall be accomplished by the vehicle owner or driver prior to the performance of the emission inspection:

   (1)  The vehicle owner or driver shall present the vehicle registration card to the emission inspection station and pay the required test fee to the inspection station. This fee shall also include one free retest, if the vehicle owner or driver complies with the retest requirements as provided in §§ 177.271--177.274 (relating to retest).

   (2)  If a subject vehicle is presented for an initial emission inspection after the assigned emission inspection period, the vehicle owner or driver shall be charged a $10 late fee for each month or portion thereof past the assigned emission inspection period in addition to the emission inspection fee. This late fee will be collected by the emission inspection station and shall be remitted to the Department.

   (3)  The Department may waive the collection of late fees for failure to comply in a timely manner with the emission inspection period for any month up to 4 months after the assigned emission inspection period. The Department will not assess a late fee if the registrant can demonstrate that the subject vehicle was not operated after the vehicle registration expired or after the assigned vehicle emission inspection period. The accumulated late fees will not exceed $40.

   (4)  The inspection station shall check to determine whether an applicable emission-related manufacturer recall notice was issued for the subject vehicle.

   (5)  If a subject vehicle was targeted for a voluntary or mandatory manufacturer's applicable emission recall notice, the vehicle owner or operator shall present proof of compliance with the recall notice to the emission inspection station before the enhanced emission inspection begins.

§ 177.53.  Vehicle inspection process.

   The vehicle inspection process shall be as follows:

   (1)  If a subject vehicle passes the enhanced emission inspection requirements, the emission inspection station shall provide the vehicle owner or driver with an emission inspection test report certifying that the vehicle has passed the emission inspection.

   (2)  If a subject vehicle fails any phase of the enhanced emission inspection requirements, the emission inspection station shall provide the vehicle owner or operator with an emission inspection test report indicating which phases of the emission inspection that the vehicle failed.

   (3)  If a subject vehicle fails any phase of the enhanced emission inspection, the vehicle owner shall have the vehicle repaired and submit the vehicle for retesting.

   (4)  If the subject vehicle fails the retest, the vehicle owner can apply for a waiver. If the waiver requirements as prescribed in §§ 177.281 and 177.282 (relating to issuance of waiver; and annual adjustment of minimum waiver expenditure) are met, a waiver will be issued.

   (5)  An emission inspector will place a certificate of emission inspection on the windshield of the subject vehicle, as prescribed in § 177.291 (relating to certificates of emission inspection procedures), which has passed the emission requirements or received a waiver.

Subchapter B.  SUBJECT VEHICLES

Sec.

177.101.Subject vehicles.
177.102.Inspection of vehicles reentering this Commonwealth.
177.103.New or used vehicles after sale or resale.
177.104.Vehicles registered in non-designated areas or other states.
177.105.Vehicles requiring emission inspection due to change of Address.
177.106.Inspection of vehicles registered in this Commonwealth but operated outside this Commonwealth.
177.107.Repair technician training.

§ 177.101.  Subject vehicles.

   (a)  Subject vehicles. Subject vehicles include gasoline powered 1975 and newer model year vehicles with a GVWR of 9,000 pounds or less which are:

   (1)  Registered in or required to be registered in an I/M area.

   (2)  Leased vehicles with registration or titling in the name of someone other than the lessee or user where the motor vehicle is registered or required to be registered in an I/M area.

   (3)  Operated on Federal installations located within an I/M area, regardless of where the vehicles are registered. This requirement applies to employe-owned or leased vehicles, including vehicles owned, leased or operated by civilian and military personnel on Federal installations, as well as agency-owned or operated vehicles. Vehicles exempted from this requirement are:

   (i)  Tactical military vehicles.

   (ii)  Visiting agency, employe or military personnel vehicles as long as the visits do not exceed 60 calendar days per calendar year.

   (b)  Documentation of compliance. The Federal installation shall provide annually, or as requested, documentation of proof of compliance with subsection (a)(3) to the Department. This documentation shall be updated periodically, but at least in each inspection cycle. The installation shall present a valid certificate of compliance with the I/M program of the Commonwealth or an I/M program deemed acceptable to the Department, for each vehicle.

   (c)  Other exempted vehicles. Other exempted vehicles shall include vehicles operated or registered as one of the following:

   (1)  Special mobile equipment.

   (2)  Implements of husbandry.

   (3)  Motor vehicles being towed.

   (4)  Classic or antique motor vehicles.

   (5)  Motorcycles.

   (6)  Motorized pedalcycles.

   (7)  Street rods.

   (8)  Vehicles repossessed by a financier or collector through the use of miscellaneous motor vehicle business registration plates.

§ 177.102.  Inspection of vehicles reentering this Commonwealth.

   Vehicles subject to emission inspection which have been outside of this Commonwealth continuously for 30 days or more and which, at the time of reentering this Commonwealth, do not bear a currently valid certificate of emission inspection are not required to be inspected until 10 days after reentering this Commonwealth.

§ 177.103.  New or used vehicles after sale or resale.

   (a)  A new or used vehicle, after sale or resale, may be driven without a current inspection certificate for 10 days after the date of sale or resale or entry into this Commonwealth, whichever occurs later. The purchaser of the vehicle, unless contracted otherwise, assumes full responsibility for having the vehicle inspected.

   (b)  New or used vehicles, acquired after sale or resale, bearing a currently valid certificate of emission inspection may be driven on Commonwealth highways until the certificate of emission inspection expires.

§ 177.104.  Vehicles registered in nondesignated areas or other states.

   A vehicle registered outside a designated area or another state may be inspected for emissions but may not be issued a certificate of emission inspection unless the certificate is specifically requested by a vehicle owner.

§ 177.105.  Vehicles requiring emission inspection due to change of address.

   Subject vehicles required to participate in the Enhanced Emission I/M Program because of vehicle registration change of address shall be phased into the emission inspection program during the time of the expiration of the current certificate of safety inspection.

§ 177.106.  Inspection of vehicles registered in this Commonwealth but operated outside this Commonwealth.

   For subject vehicles registered in this Commonwealth, but operated outside this Commonwealth or not present in this Commonwealth at the time of expiration of the subject vehicle's emission inspection, proof of inspection from another state may be accepted if the Department determines that the I/M program in that state is comparable to the Commonwealth's I/M program.

§ 177.107.  Repair technician training.

   (a)  Voluntary technician training program. The Department will establish a voluntary repair technician training program through private or public facilities. The training may include:

   (1)  Diagnosis and repair of malfunctions in computer controlled close-loop vehicles.

   (2)  Application of emission control theory and diagnostic data to the diagnosis and repair of failures of the transient emission test and the evaporative system function tests.

   (3)  Utilization of diagnostic information on systematic or repeated failures observed in the transient emission test and the evaporative system function tests.

   (4)  Generalized training on the various subsystems related to emission control.

   (b)  Completion of training program. A person who successfully completes all phases of the training program and who passes the required testing will qualify as a recognized repair technician.

   (c)  Supplemental training. The Department may authorize periodic supplemental training as a requirement for a person to maintain the status of a recognized repair technician.

Subchapter C.  EMISSION TEST PROCEDURES AND EMISSION STANDARDS

GENERAL

Sec.

177.201.General requirements.
177.202.Emission test equipment.
177.203.Test procedures.
177.204.Emission standards.
177.205.(Reserved).

RECALL PROVISIONS

177.231.Requirements regarding manufacturer recall notices.
177.232.Compliance with recall notices.
177.233.Failure to comply.

EMISSION INSPECTION TEST REPORT

177.251.Record of test results.
177.252.Emission inspection test report.
177.253.Responsibility of the station owner for vehicles which fail the I/M test.

RETEST

177.271.Procedure.
177.272.Prerequisites.
177.273.Content of repair data form.
177.274.Retest fees.

ISSUANCE OF WAIVER

177.281.Issuance of waiver.
177.282.Annual adjustment of minimum waiver expenditure.
177.283.(Reserved).

CERTIFICATES OF EMISSION INSPECTION PROCEDURES.

177.291.Certificates of emission inspection procedures.
177.292.Recording inspection.

ON-ROAD TESTING

177.301.Authorization to conduct on-road emission testing.
177.302.On-road testing devices.
177.303.(Reserved).
177.304.Failure of on-road emission test.
177.305.Failure to produce proof of correction of on-road emission test failure.

GENERAL

§ 177.201.  General requirements.

   Emission tests and functional tests shall be subject to the following requirements:

   (1)  Vehicles shall be tested in as-received condition. A vehicle capable of operating on gasoline and other fuel is subject to testing and shall be tested while operating in the gasoline mode.

   (2)  An initial test is the emission test that occurs the first time in a test cycle. The initial test shall be performed without prior repair or adjustment to the subject vehicle at the emission inspection station, except as provided for in the evaporative system integrity test. An emission inspection performed after the initial test in a test cycle shall be considered a retest.

   (3)  An official test, once initiated, shall be performed in its entirety regardless of immediate outcome except in the case of an invalid test condition, unsafe conditions or fast pass/fail algorithms.

   (4)  Tests involving measurements shall be performed with approved equipment that has been calibrated according to the quality control procedures contained in 40 CFR Part 51, Subpart S, Appendix A (relating to calibrations, adjustments and quality control), which is adopted by reference.

   (5)  Vehicles may not be tested if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition.

   (6)  Alteration of a vehicle's configuration so that it changes from a certified to a noncertified configuration is prohibited. In the inspection process, vehicles that have been altered from their original certified configuration shall be tested in the same manner as other subject vehicles, in accordance with the following:

   (i)  Vehicles with engines other than the engine originally installed by the manufacturer, or an identical replacement engine shall be subject to the test procedures and standards for the chassis type and model year, including visual equipment inspections for components that are part of the original certified configuration and part of the normal inspection.

   (ii)  Vehicles that have been altered from an engine of one fuel type to another fuel type that is subject to the I/M program--for example, from a diesel engine to a gasoline engine--shall be subject to the test procedures and standards for the current fuel type, and to the requirements of subparagraph (i).

   (iii)  Vehicles that are altered to a fuel type for which there is no certified configuration shall be tested according to the most stringent emission standards established for that vehicle type and model year. Emission control device requirements may be waived if the Department determines that the alternatively fueled vehicle configuration would meet the new vehicle standards for that model year without these devices.

§ 177.202.  Emission test equipment.

   (a)  Performance features of emission test equipment. Computerized test systems are required for performing any measurement on subject vehicles. The test equipment shall be certified to meet EPA requirements, including those contained in 40 CFR Part 51, Subchapter S, Appendix D (relating to steady-state short test equipment), which is adopted by reference. Newly acquired systems shall be subjected to acceptance test procedures to ensure compliance with program specifications.

   (1)  Emission test equipment shall be capable of testing subject vehicles and shall be updated as needed to accommodate new technology vehicles as well as changes to the program.

   (2)  At a minimum, emission test equipment shall be:

   (i)  Automated to the highest degree commercially available to minimize the potential for intentional fraud or human error, or both.

   (ii)  Secure from tampering or abuse, or both.

   (iii)  Based upon written specifications.

   (iv)  Capable of simultaneously sampling dual exhaust vehicles.

   (b)  Functional characteristics of computerized test systems. The test system is composed of emission measurement devices and other motor vehicle test equipment controlled by a computer.

   (1)  The test system shall automatically:

   (i)  Make pass/fail decisions for all measurements.

   (ii)  Record test data to an electronic medium.

   (iii)  Conduct regular self-testing of recording accuracy.

   (iv)  Perform electrical calibration and system integrity checks before each test, as applicable.

   (v)  Initiate system lockouts for:

   (A)  Tampering with security aspects of the test system.

   (B)  Failing to conduct or pass periodic calibration or leak checks.

   (C)  Failing to conduct or pass the constant volume sampler flow rate check, if applicable.

   (D)  Failing to conduct or pass one or more of the dynamometer checks, including coast-down, roll speed and roll distance, power absorption capability and inertia weight selection checks, if applicable.

   (E)  Failing to conduct or pass the pressure monitoring device check, if applicable.

   (F)  Failing to conduct or pass the purge flow metering system check, if applicable.

   (G)  Failing to have installed in the test analyzer a full data recording medium or one that passes a cyclical redundancy check.

   (2)  Test systems shall include a data link to the Department computer or other computers as specified by the Department.

   (3)  The test system shall insure accurate data collection by limiting, cross-checking or confirming manual data entry.

   (c)  Test systems for transient emission tests. Test equipment for transient emission testing shall be as specified in Federal regulation at 40 CFR, Part 85 (relating to control of air pollution from motor vehicles and motor vehicle engines), which is adopted by reference.

   (d)  Steady state idle test equipment. Steady state idle test equipment requirements for model years 1968--1981 shall be as specified in 40 CFR Part 51, Subpart S, Appendix D which is adopted by reference.

   (e)  Two-speed idle test equipment. Two-speed idle test equipment shall be as specified in 40 CFR Part 51, Subpart S, Appendix D which is adopted by reference.

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