18 AAC 52.005 - Applicability and general requirements
(a) Subject to the
other provisions of this section, including the exemptions set out in (f) of
this section, the maintenance requirements of
18 AAC 52.015(a)
apply to
(1) a motorist; and
(2) a person engaged in the business of
maintaining, repairing, or otherwise servicing emissions control
systems.
(b) The
requirements of (c) of this section apply to a
(1) a motorist who resides in an inspection
and maintenance (I/M) area identified in (g) of this section;
(2) a motorist whose motor vehicle is
principally located or operated in an I/M area;
(3) a motorist who commutes into the
Municipality of Anchorage I/M area;
(4) a motorist who attends school at the
University of Alaska within the Fairbanks North Star Borough I/M program area;
and
(5) a motorist described in (1)
- (4) of this subsection whose motor vehicle is located within an I/M area on a
public right-of-way, public land, or on commercial premises such as a parking
lot that is open to the public.
(c) In addition to the requirements of (a) of
this section,
(1) a motorist described in (b)
of this section shall
(A) have that motorist's
motor vehicle inspected every two years as required by this chapter unless
(i) the requirement is waived under
18 AAC 52.060; or
(ii) the vehicle is a model year (MY) 2006 or
newer; if the vehicle is a model year 2006 or newer, the vehicle's first
inspection is due when the current calendar year equals the vehicle model year
plus six years; subsequent inspections are due every two years after the year
the vehicle's first inspection is due;
(B) have one of the following types of
windshield stickers permanently affixed to the vehicle's windshield:
(i) certificate of inspection;
(ii) seasonal waiver;
(iii) new vehicle;
(iv) diesel exemption;
(C) comply with the maintenance practices for
the motor vehicle emissions control system to reduce air pollution required by
18 AAC 52.015(b)
and any additional emissions-related maintenance practices recommended by the
manufacturer; and
(D) have the
emission-related vehicle repairs required by
18 AAC 52.065 performed and, if
the repairs are to be applied to the repair cost minimum, ensure that the
repairs are made by a certified mechanic;
(2) a motorist described in (b)(1) of this
section and a motorist described in (b)(2) of this section shall obtain a
certificate of inspection as required under (1) of this subsection by having
the vehicle inspected within 90 days before registration is due under
AS
28.10.108;
(3) a motorist described in (b)(3) of this
section shall have the vehicle inspected before commuting into the Municipality
of Anchorage I/M area and every two years thereafter; and
(4) a motorist described in (b)(4) of this
section shall have the vehicle inspected before attending the University of
Alaska within the Fairbanks North Star Borough I/M program area and every two
years thereafter for as long as the motorist attends the University of Alaska
within the Fairbanks North Star Borough I/M program area.
(d) Except for a vehicle described in (f) of
this section, the motorist of a vehicle registered in another state shall
obtain a certificate of inspection within 30 days after
(1) a change in the motorist's residence from
a non-I/M area to an I/M area; or
(2) the vehicle begins to be principally
located or operated in an I/M area.
(e) In addition to the requirements of (a) -
(d) of this section, this chapter
(1) governs
an I/M program established by an implementing agency and requires the
implementing agency to conduct that program in accordance with this chapter and
the department's Alaska I/M Program Manual dated December 16,
2005, which is adopted by reference;
(2) requires a person engaged in the business
of maintaining, repairing, or otherwise servicing vehicle emissions control
systems in an I/M area to conduct business in accordance with this chapter,
including, when applicable,
(A) meeting the
certification requirements for
(i) mechanics
set out in
18 AAC 52.400; and
(ii) stations set out in
18 AAC 52.415; and
(B) using the inspection and
repair procedures required by this chapter, including the procedures set out in
the program manual; and
(3) requires a department, agency, or
instrumentality of the federal government with jurisdiction over a property or
facility within an I/M area, before a vehicle is allowed to operate on that
property or facility, to
(A) require
employees or contractors who operate a vehicle on the property or facility to
furnish proof of compliance with this chapter; for purposes of this
subparagraph, proof of compliance may be
(i)
a valid certificate of inspection for the vehicle;
(ii) proof of vehicle registration in the I/M
area; or
(iii) another method
approved by the implementing agency; and
(B) obtain a valid certificate of inspection
for each motor vehicle owned or leased by the federal government and located or
operated on the property or facility, unless the implementing agency, in its
discretion, allows the use of an alternate method of compliance with this
subparagraph.
(f) The I/M requirements of this chapter do
not apply to
(1) a 1967 or older motor
vehicle;
(2) repealed
2/18/2006;
(3) a gasoline-powered
motor vehicle that has an unladen weight of 12,001 pounds or heavier;
(4) a test vehicle for which the department
has issued a written exemption;
(5)
a military tactical vehicle such as a tank;
(6) motorcycles, golf cart, all-terrain
vehicle, snow machine, and motor-driven cycle (moped);
(7) a motor vehicle that has been or will be
in Alaska for less than 30 days;
(8) an electric vehicle;
(9) a motor vehicle for which the division of
motor vehicles in the Department of Administration has issued, under
AS
28.10.181(b) and
13 AAC 40.010, a current, valid
special registration and registration plates for a historic vehicle;
or
(10) a motor vehicle for which
the division of motor vehicles in the Department of Administration has issued,
under AS
28.10.181(r) and
AS
28.90.990, a current, valid special
registration and registration plates for a custom collector vehicle.
(g) For purposes of this chapter,
the following is an I/M area:
(1) the
Municipality of Anchorage; and
(2)
the Fairbanks North Star Borough.
(h) The department will administer an I/M
program that applies to motorists who commute into the Municipality of
Anchorage I/M area, as provided in
18 AAC 52.030.
(i) For purposes of this chapter, the
department may, under
18 AAC 52.007, suspend or
reestablish an I/M program in an I/M area described in (g) of this section and
in 18 AAC 52.030. Not less than 30
days before the suspension or 275 days before the reestablishment of an I/M
program in an I/M area, the department will send notice to that I/M area's
(1) newspaper of general circulation for
publication; and
(2) local air
pollution control program office.
Notes
As provided in AS 45.45.400(a), certain requirements of this chapter extend to a person engaged in the business of selling used vehicles. The program manual adopted by reference in this section may be reviewed at or obtained from the implementing agency or the department's Anchorage, Fairbanks, or Juneau offices.
Authority:AS 46.03.010
AS 46.03.020
AS 46.14.030
AS 46.14.510
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