[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph
(QQ) of rule
3745-26-01 of the
Administrative Code titled "referenced materials."]
(A) The motor vehicle inspections conducted
under the enhanced tailpipe emissions inspection program required under section
of the Revised Code shall be conducted by one or more private
(B) The contract shall
be awarded by the director of administrative services and the contractor shall
comply with all aspects of the bid contract as awarded. A contractor may
subcontract testing or other services with a person or business, in accordance
with the terms of the contract, provided the contractor and subcontractor
comply with the contract and this chapter, as applicable.
The contractor shall construct, maintain
and operate computerized, high volume on board diagnostics inspection stations
and tailpipe emission inspection stations, except where the director determines
that the tailpipe emission inspections are no longer necessary, in a designated
program area for the purpose of inspecting vehicles as required under section
of the Revised Code. These contractor run vehicle emissions inspection stations
shall meet, but not be limited to the following requirements:
(1) Eighty per cent of the population that is
subject to section
of the Revised Code shall be no more than five miles from an emission
inspection station and that one hundred per cent of that population be no more
than ten miles from an emissions inspection station. In rural areas, one
hundred per cent of that population shall be no more than fifteen miles from an
(2) A majority
of the stations shall be in operation for no fewer than forty-five hours per
week, which shall include, without limitation, operating hours in the evening
and on Saturdays.
(3) The amount of
time a vehicle must wait within the confines of the queuing area shall not
exceed a daily average of fifteen minutes.
(D) The contractor or any of the contractor's
employees are prohibited from having principal interest in a company that is in
the business of vehicle repair or service, in vehicle parts sales, or in motor
vehicle sales or leasing.
contractor shall not refer vehicle owners to any particular vehicle repair
contractor shall provide emission inspection data analyses and furnish to the
director summary reports on a weekly, monthly, quarterly, and yearly basis and
special reports as requested by the director to carry out the requirements of
of the Revised Code.
director may conduct periodic announced and unannounced audits of testing
facilities to ensure that the contractor continues to meet this chapter and the
provisions of section
of the Revised Code and 40 CFR part 51
(H) Each contractor shall be responsible for
the upkeep, distribution and replacement of all vehicle inspection reports and
other documents necessary or convenient to the program.
Each VIR shall contain the following
statement: "This automobile inspection is the result of requirements under the
Clean Air Act as enacted by the United States Congress and enforced by U.S.
EPA. Any questions or comments on the need of the testing program can be
directed to U.S. EPA at Environmental Protection Agency, Ariel Rios Building,
Office of Transportation and Air Quality, 1200 Pennsylvania Ave. NW,
Washington, D.C. 20460.
Each contractor or subcontractor shall be
responsible for complying with equipment requirements and procedures
established in 40 CFR