Or. Admin. Code § 340-256-0440 - Emission Control System Inspection: Criteria for Qualifications of Persons Eligible to Inspect Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute Certificates

(1) Five separate classes of licenses are:

(a) Private Business Fleet;

(b) Public Agency Fleet;

(c) Private Business Fleet Vehicle Emission Inspector;

(d) Public Agency Fleet Vehicle Emission Inspector;

(e) Vehicle Emission Inspector.

(2) License applicants must complete a form that DEQ provides.

(3)

(a) Each fleet's license is valid for not more than one-year and expires on December 31 of each year unless revoked, suspended, or returned to DEQ;

(b) Each Inspector's license is valid for not more than two-years and expires on December 31 of every other year unless revoked, suspended, or returned to DEQ.

(4) DEQ will not issue any license until the applicant has fulfilled all requirements and paid the required fee.

(5) A license is not transferable.

(6) DEQ may renew a license if the applicant submits an application and renewal fee within 30 days before the license's expiration date and the applicant complies with all other licensing requirements.

(7) DEQ may suspend, revoke, or not renew a license if the licensee has violated this Division, ORS 468A.350 to 468A.400, or 815.295 to 815.325.

(8) A Private Business Vehicle Emission Inspector or Public Agency Fleet Vehicle Emission Inspector license is valid only for inspection of and execution of Certificates of Compliance for motor vehicle pollution control systems and motor vehicles of the Private Business Fleet or Public Agency Fleet that employs the Private Business Fleet Vehicle Emission Inspector or Public Agency Fleet Vehicle Emission Inspector on a full time basis. DEQ may authorize a Public Agency Fleet Vehicle Emission Inspector to perform inspections and execute Certificates of Compliance for vehicles of other governmental agencies if the inspector has contracted with that agency for that service and the Director approves the contract.

(9) To initially receive or renew a license as a Private Business Fleet Vehicle Emission Inspector, a Public Agency Fleet Vehicle Emission Inspector or a Vehicle Emission Inspector, the applicant must be an employee of a Private Business Fleet, a Public Agency Fleet, the DEQ Vehicle Inspection Program, or an employee of an Independent Contractor and submit a completed application. All Inspectors must receive formal training and be licensed or certified to perform inspections under this Division. The duration of the training program for persons employed by a Private Business Fleet or a Public Agency Fleet must be at least 16 hours.

(a) Training.

(A) Inspector training must include the following subjects:

(i) The air pollution problems, its causes and effects;

(ii) The purpose, function and goal of the inspection program;

(iii) Inspection regulations and procedures;

(iv) Technical details of the test procedure and the rationale for their design;

(v) Test equipment operation, calibration and maintenance;

(vi) Emission control device function, configuration and inspection;

(vii) Quality control procedures and their purpose;

(viii) Public relations;

(ix) Safety and health issues related to the inspection process; and

(x) OBD test systems.

(B) In order to complete the training requirement, a trainee must pass (minimum of 80% correct responses) a written test covering all aspects of the training. In addition, a hands-on test must be administered in which the trainee demonstrates without assistance the ability to conduct a proper inspection, to properly utilize equipment and to follow other procedures. Inability to properly conduct all test procedures shall constitute failure of the test. DEQ will take appropriate steps to insure the security and integrity of the testing process.

(b) Licensing and certification.

(A) DEQ must license or certify all inspectors before they may perform official inspections.

(B) Completion of Inspector training and passing required tests is a condition of licensing or certification.

(C) Inspector licenses and certificates are valid for no more than 2 years, at which point refresher training and testing are required before renewal. Alternative approaches based on more comprehensive skill examination and determination of Inspector competency may be used.

(D) Licenses and certificates are not a legal right, but rather, are a privilege bestowed by the Department and conditional upon adherence to DEQ requirements.

(c) Enforcement against Inspectors: Any violations of procedures in this Division are subject to DEQ's enforcement procedures. License or certificate suspension or revocation prohibits the individual from direct or indirect involvement in any inspection operation during the term of the suspension or revocation.

(10) To be licensed as a Private Business Fleet or a Public Agency Fleet, the applicant must:

(a) Employ on a full time basis a Private Business Fleet Vehicle Emission Inspector; or

(b) Employ on a full time basis a Public Agency Fleet Vehicle Emission Inspector; and

(c) Be equipped with a gas analytical system complying with criteria established in OAR 340-256-0450.

(d) If 1996 and newer model year light duty vehicles are a part of the self-inspected fleet of vehicles, the fleet must be equipped with a scan tool for downloading vehicle OBD emissions data with criteria established in OAR 340-256-0465.

(11) A person licensed as a Private Business Fleet or Public Agency Fleet may not advertise or represent themselves as being licensed to inspect motor vehicles to determine compliance with the criteria and standards of OAR 340-256-0380 and 340-256-0400.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]

Notes

Or. Admin. Code § 340-256-0440

DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 136, f. 6-10-77, ef. 7-1-77; DEQ 3-1978, f. 3-1-78, ef. 4-1-78; DEQ 9-1978, f. & ef. 7-7-78; DEQ 14-1978, f. & ef. 10-3-78; DEQ 6-1980, f. & ef. 1-29-80; DEQ 12-1982, f. & ef. 7-21-82; DEQ 19-1983, f. 11-29-83, ef. 12-31-83; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0340; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 170-2018, minor correction filed 04/12/2018, effective 04/12/2018; DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020

This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Publication: The Publication(s) referenced in this rule are available from the office of the agency.

Statutory/Other Authority: ORS 468A.380

Statutes/Other Implemented: ORS 468A.380