Wis. Admin. Code Department of Transportation § Trans 131.03 - Emission inspection and reinspection

(1) GENERAL.

(a) All nonexempt vehicles that are customarily kept in counties certified under s. 110.20(5) (a), Stats., or in a county whose county board adopts a resolution under s. 110.20(5) (b), Stats., shall be inspected as provided in this chapter. Penalty for failure to comply with this section consists of either denial of registration renewal or suspension of vehicle registration as set forth in s. 341.63(1) (e), Stats.

Note: For example, a catalytic monitor must be ready after a catalyst is repaired.

(b) Nothing in this chapter waives an expired registration because of failure to pass inspection requirements by the registration deadline.

(c) A vehicle is first subject to the requirements of this chapter when the vehicle is 4 model years old.

(d) For purposes of calculating the number of model years of vehicle age under ss. 110.20(13) and 285.30(5), Stats., a model year shall be considered synonymous with a calendar year. Not satisfying the inspection requirements of this chapter prior to the date of registration expiration shall not extend vehicle age.

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(2) WHEN INSPECTION REQUIRED. Nonexempt vehicles subject to an inspection shall have the inspection completed as provided in this chapter when any of the following apply:

(a) No more than 180 days prior to renewal of annual registration. This requirement applies when the vehicle is 4 model years old and every 2 years thereafter.

(b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 180 days prior to such ownership change registration, or

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(c) Within 45 days of notification of failing a remote sensing test, as required by s. 110.20(9) (g), Stats.

(d) Within 45 days of collector or hobbyist registration issuance.

(3) DOCUMENT REQUIREMENTS. Each vehicle presented for inspection at an inspection station or at an authorized inspection facility shall be accompanied by at least one of the following documents which identifies the vehicle by make, model year, VIN, and license plate number:

(a) A current Wisconsin vehicle license renewal notice.

(b) A current Wisconsin certificate of registration.

(c) A current Wisconsin certificate of title.

(d) A vehicle inspection report if a reinspection, unless repair performance data has, upon performance of the repair, been reported electronically.

(e) A letter of temporary exemption issued by the department.

(f) A properly completed substitute renewal notice, form MVD 2016.

(g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection.

(h) A properly completed voluntary inspection request form, obtainable from the manager at each of the inspection stations or at other authorized inspection facilities as determined by the department.

(4) SCOPE AND NATURE OF INSPECTION. The vehicle emission inspection shall consist of an OBD II inspection which indicates whether the MIL is commanded on and, if so, the DTCs causing the command.

(5) EMISSION STANDARDS.

(a) Vehicles that meet any of the following conditions shall fail the inspection:

1. The DLC is missing, has been tampered with, or is otherwise inoperable.

2. The MIL does not illuminate at all when the ignition key is turned to the "key on, engine off" position.

3. The MIL illuminates continuously or flashes when the vehicle is in the "key on, engine running " condition, even if no DTCs are present.

4. A scan tool indicates that any DTCs are present and that the vehicle's MIL status is commanded on.

(b) If the MIL is not commanded to be illuminated, the vehicle shall pass the OBD inspection, even if DTCs are present.

(6) EMISSION INSPECTION.

(a) General requirements.

1. Vehicles shall be inspected in an as-received condition. Prior to inspection, the engine shall be operating at the manufacturer's recommended engine idle speed without excessive smoke, at normal operating temperature, not overheating, as indicated by gauge, warning light or boiling radiator, and with all accessories off.

2. The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution.

4. Vehicles that are designed to operate with more than one type of fuel shall be inspected on the fuel in use at the time of inspection.

(d) OBD inspection procedures.

1. An OBD II inspection shall be performed on all model year 1996 and newer vehicles equipped with OBD II systems. The OBD inspection shall be performed according to the procedures specified in section 85.2222 of the federal rule.

2. If the vehicle's DLC cannot be located, or is located such that an inspector cannot reasonably access it during the course of a vehicle inspection, the vehicle shall receive a waiver equipment inspection as provided in s. Trans 131.05 and , pending the outcome of this inspection, be referred to a technical assistance center or other facility or inspector designated by the department to perform the functions of a technical assistance center for issuance of a technical waiver of compliance as provided in s. Trans 131.04(1) (b).

3. The inspector shall connect the inspection system to the vehicle by connecting the vehicle's DLC to the OBD II inspection system. The inspection system shall determine what readiness monitors are supported by the vehicle's OBD II system, and perform a readiness evaluation or applicable readiness monitors in accordance with the USEPA technical guidance. If the readiness evaluation indicates that any on-board tests are not complete, the vehicle shall be rejected from inspection. Vehicles rejected because on-board tests are not complete shall be required to leave the inspection station, pursue a means of completing on-board tests, and return for inspection.

4. An exception is allowed for model year 1996 to model year 2000 vehicles, with 2 or fewer unset readiness monitors, and for model year 2001 and newer vehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness monitors in question, may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular readiness monitors. Vehicles from those model years with unset readiness monitors which also have DTCs stored resulting in the MIL to be commanded on shall fail the OBD inspection.

5. If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.

8. If the malfunction indicator status indicates that the MIL has been commanded to be illuminated, the inspection system shall record all DTCs resulting in MIL illumination in the vehicle inspection record.

10. Vehicles failing the OBD inspection may not be reregistered within the state of Wisconsin until such failing items have been repaired or replaced if necessary as required by s. 285.30(6), Stats.

(10) REINSPECTIONS.

(a) Vehicles failing initial inspection may receive a reinspection at no additional charge under the following conditions:

1. The reinspection shall take place within 30 days of the initial inspection or the owner or lessee shall present satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection. Additionally, the vehicle shall have been repaired or adjusted according to s. 110.20, Stats., and this chapter.

2. The vehicle shall be accompanied by its previous vehicle inspection reports. Repair information, as completed by the person performing the repairs, shall be indicated in the space provided on the reports, unless it is reported electronically, upon performance of the repair. The completed repair section on the vehicle inspection report, or the data reported electronically, shall indicate all of the following:

a. The repairs performed as well as any recognized automotive emission repair technician recommended repairs not performed per owner's request.

b. The name, address and telephone number of the repair facility.

c. The name of the individual who performed the repairs.

d. If available, the appropriate identification number of the recognized repair facility and technician.

3. The vehicle is not prohibited from inspection pursuant to sub. (11).

(b)

2. A vehicle that fails the OBD inspection shall be reinspected after repair provided a readiness evaluation indicates that:

a. All applicable on-board tests are complete for the component for which the vehicle failed its prior inspection, and

b. All applicable on-board tests are complete except as allowed under sub. (6) (d).

Note: For example, a catalytic monitor must be ready after a catalyst is repaired.

(c) If the vehicle passes the reinspection, the contractor shall retain all previously-issued vehicle inspection reports and issue a vehicle inspection report indicating compliance. If the vehicle does not pass the reinspection, the contractor shall issue a vehicle inspection report indicating non-compliance. If the owner or lessee requests a waiver of compliance from emission limitations, the waiver investigator shall review the request and shall either approve or deny the request in accord with s. Trans 131.04. If approved, the waiver investigator shall retain all previously-issued vehicle inspection reports, except the latest on which the waiver is indicated as granted.

(d) The following limitations on the total number of inspections performed at no additional charge shall apply for each vehicle requiring compliance with this chapter:

1. A vehicle may receive no more than 2 reinspections. The reinspections shall occur within 30 days of initial inspection.

2. If the vehicle does not meet applicable emission inspection standards, the owner or lessee may apply for a waiver of compliance from these standards in accord with s. Trans 131.04.

(e) Nonexempt vehicles may be reinspected at any time according to the voluntary inspection procedure of s. Trans 131.07.

(11) INSPECTION PROHIBITED. The inspector shall refuse to perform any inspection required by this section for any vehicle if any of the following apply:

(b) The vehicle is carrying explosives or other hazardous material which is recognized as a safety hazard by the contractor.

(c) The vehicle is towing a trailer or another vehicle which is considered a safety hazard by the contractor.

(d) Gasoline, oil or other fluid leaks are considered a safety hazard by the contractor.

(e) The vehicle exhibits excessive idle speed, in the judgment of the contractor.

(f) The vehicle is emitting smoke in amounts greater than the limitations specified in s. NR 485.05.

(j) The vehicle is subject to a manufacturer's recall for emission problems and the recall repair has not been performed. Vehicles for which emission-related recall notices have been issued shall have the recall repairs completed prior to submitting the vehicle for inspection. The owners or lessees of these vehicles shall present proof of compliance with the recall notice at time of inspection, unless the emission-related recall notice has been issued within 45 days prior to submitting the vehicle for inspection. This paragraph applies to vehicles for which emission-related recall notices have been issued after January 1, 1995.

(k) The vehicle operator refuses to disclose the odometer reading to the inspector.

(m) Upon a reinspection, the vehicle operator fails to provide a properly completed repair form to the inspector, unless the repair information is reported electronically, upon performance of the repair.

(n) The vehicle exhibits any condition which is recognized as a safety hazard by the contractor, or any condition that appears to the contractor as making the vehicle unsafe for inspection.

(o) Vehicles shall be rejected from inspection if a scan of the vehicle's OBD II system reveals a "not ready" status for 3 or more readiness monitors on model year 1996 through model year 2000 vehicles, or for 2 or more readiness monitors on model year 2001 and newer vehicles, as provided in (c) (2).

(12) RECONSTRUCTED AND HOMEMADE VEHICLES. Any nonexempt vehicle registered as reconstructed or homemade under s. 341.268, Stats., shall be inspected for compliance with requirements applicable to the model year of the vehicle as indicated on the vehicle's registration documents, unless the owner both requests that the vehicle be inspected by engine year and provides a completed MV2588, exchanged engine certification form, to the waiver investigator. In addition, the vehicle owner shall locate the engine number on the engine for purposes of engine year verification by the waiver investigator.

(13) VEHICLES WITH EXCHANGED ENGINES.

(a) A motor vehicle with an exchanged engine shall be subject to OBD II inspection compliance standards established in s. Trans 131.03(5).

(14) TRUCKS AND VANS. All trucks and vans shall be inspected in accord with the standards applicable to the manufacturer's GVWR as indicated either in the vehicle's identification number or on the vehicle's doorpost. If there is no manufacturer's GVWR available, then the vehicle shall be inspected according to the registered GVWR as indicated on the vehicle's entry document described in sub. (3).

(15) VEHICLE INSPECTION REPORT.

(a) The operator of each vehicle inspected shall receive a vehicle inspection report, MV 2470, at the conclusion of the inspection. The vehicle inspection report data may also be reported electronically. The inspection report, or the vehicle inspection report data reported electronically, shall indicate:

1. Inspection serial number.

2. Date of the inspection.

3. VIN.

4. Year, make and type of the vehicle.

5. Number of cylinders or engine displacement.

6. Transmission type.

7. Fuel type.

8. Present odometer reading in thousands of miles.

12. The results of any OBD inspection.

13. The final result.

14. Instructions indicating that the inspection report, together with the vehicle, shall be returned to any inspection station or other authorized inspection facility for reinspection to occur.

15. Space to indicate who repaired the vehicle, such as owner, repair facility or other private party.

16. Space to indicate the name, address and telephone number of the facility where repairs occurred.

17. Space to indicate the appropriate identification number of the recognized repair facility and technician, if available.

18. Space to indicate the cost of parts and labor for emission-related repair.

19. Space to indicate the emission-related repairs performed.

20. Space to indicate the emission-related repairs recommended, but not performed per owner's request.

21. Advisory diagnostic information for failing vehicles.

22. Vehicle license number, if available.

23. Inspection station or other authorized inspection facility number, and inspector number if the inspection is performed by an inspector.

24. Emission inspection start time and the time of final emissions result determination.

25. GVWR.

26. Inspection number, such as initial, first reinspection, or subsequent reinspection number.

28. A statement indicating the availability of emission warranty coverage as provided in section 207 of the Clean Air Act.

29. A statement certifying that the inspection is performed in accordance with applicable federal regulations.

30. The cause for any aborted or rejected inspection.

31. Other information as the department may reasonably require to enable it to determine compliance with this chapter, state laws, federal laws and regulations.

(b) Each operator of a vehicle failing the inspection shall receive an inspection report supplement containing repair, reinspection and waiver application instructions, as well as information on the possible causes of failure found during the inspection.

(c) Each operator of a vehicle failing the initial inspection shall receive a list of recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

Notes

Wis. Admin. Code Department of Transportation § Trans 131.03

Cr. Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (a), (2) (intro.), (a), (b), (3) (intro.), (6) (a) 1., (7) (a) to (c), r. and recr. (2) (c), (6) (b), (c), cr. (2) (d), (6) (a) 4., r. (3) (f), (7) (d), (8), (9), renum. (3) (g) to (i) to be (f) to (h), (10) and (12) to be (12) and (14) and am. all, renum. (11) to be (13) and am. (b) and (c), renum. (8), (9) and (13) to be (10), (11) and (15) and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; correction in (1) (d) and (7) (c) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1999, No. 520; am. (2) (b), Register, August, 2000, No. 536, eff. 9-1-00; am. (4), (6) (b) 3., (7) (a) (intro.), (c), (9) (g), r. (6) (b) 8., (8) (g), (15) (a) 12., renum. (10) (b) to be (10) (b) 1., cr. (6) (d), (10) (b) 2., (11) (o), Register, May, 2001, No. 545, eff. 6-1-01; CR 01-121: am. (2) (a), Register March 2002 No. 555, eff. 4-1-02; CR 07-114: am. (title), (1) (a), (c), (2) (intro.) and (a), (3) (intro.), (d) and (h), (4), (6) (d) 1., 3., 5., 8. and 10., (10) (a) 2., (b) 2., (d) 2., (11) (m) to (o), (12), (13) (a), (14) and (15) (a) (intro.), 14. and 23., (b) and (c), r. and recr. (5), (6) (d) 2., r. (6) (a) 3., (b), Table 2 and (c), (d) 6., 7., and 9., (7) to (9), (10) (b) 1., (11) (a) and (g) to (i), (13) (b) to (d), (15) (a) 9. to 11. and 27. Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (title), (4), (6) (title), (a) 1., 2., 4., (d) 2., 3., 5., and 8., (10) (a) 3. and (d) 2., (11) (title), (n) and (o) and (15) (a) 1., 2., 12., 23., 24. and 29. Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: r. (11) (L), am. (15) (c) Register May 2014 No. 701, eff. 6-1-14.