Words and phrases defined in s.
110.20, Stats., have the same
meaning in this chapter unless a different definition is specified. In this
chapter:
(1) "Air pollution control
equipment" or "emission equipment" means any equipment or feature which
constitutes an operational element, device or mechanism which is part of the
air pollution control system on a motor vehicle.
(1m) "Authorized inspection facility" means a
self-service inspection facility, or a private inspection facility, or an
inspection station or facility operated by the department, or by a contractor
or subcontractor authorized by the department to perform emission
inspections.
(2) "CO" means carbon
monoxide.
(3m) "Collector vehicle"
means a nonexempt vehicle with a collector special interest vehicle
registration under s.
341.266, Stats.
(6) "Contractor" means a person with whom the
department has a contract that provides for the operation of one or more
inspection stations or for the performance of emission inspection at an
authorized inspection facility other than an inspection station or for the
performance of a service related to the Wisconsin vehicle emission inspection
program.
(6m) "DLC" means data link
connector on a vehicle equipped with an OBD II system.
(6r) "DTC" means diagnostic trouble code
stored by a vehicle's OBD II system.
(7) "Department" means the Wisconsin
department of transportation.
(8)
"Electronic reporting," "electronically reported" or "reported electronically"
means reported directly to the department or its contractor electronically in a
format specified by the department.
(9) "Emission limitations" means the maximum
vehicle emission concentrations in s.
NR
485.04.
Note: Chapter NR 485 may be obtained from the
Wisconsin Department of Natural Resources, Bureau of Air Management, P.O. Box
7921, Madison, WI 53707.
(10) "Emission inspection" means the OBD II
inspection.
(12) "Exempt vehicles"
means all vehicles other than nonexempt vehicles which are identified in s.
285.30(5), Stats., and s.
NR 485.04
(10).
(13) "Exhaust emission" or "exhaust gas"
means the combination of substances emitted into the atmosphere from the
tailpipe or tailpipes of a motor vehicle.
(15) "Federal rule" means 40 CFR Part
51,
subpart S, inspection/maintenance program requirements; final rule.
Note: All references made to the Federal Rule in
this document are to 40 CFR Part 51, Subpart S Inspection/Maintenance Program
Requirements; Final Rule dated November 5, 1992, as amended through January 1,
2001.
(17) "GPM" means grams
per mile.
(18) "GVWR" means gross
vehicle weight rating and has the same meaning as provided in s.
340.01(19r),
Stats.
(19) "Government vehicle"
means a motor vehicle both owned by this state or by any county, municipality,
or federally-recognized American Indian tribe or band and registered under s.
341.26(2m),
Stats., or a vehicle owned or leased by the United States.
(20) "HC" means hydrocarbon.
(20m) "Hobbyist vehicle" means a nonexempt
vehicle with a hobbyist registration under s.
341.268, Stats.
(21) "Homemade vehicle" has the same meaning
as provided in s. 341.268, Stats.
(22) "Inspection" means the mandatory vehicle
emission inspection required by s.
110.20, Stats., consisting of an
OBD II inspection.
(23) "Inspection
report" has the same meaning as provided in sub. (54).
(24) "Inspection station" means an inspection
facility operated by a party under contract with the department for the purpose
of conducting vehicle emission inspections required by s.
110.20, Stats.
(25) "Inspector" means the individual who
performs the vehicle emission inspection for the contractor or
subcontractor.
(26) "MIL" means
malfunction indicator lamp.
(28)
"Master automotive technician" means a person possessing the highest level of
any nationally recognized certification organization for automotive
emission-related diagnosis and repair.
(29) "Model year" means the date of
manufacture of the original vehicle within the annual production period of the
vehicle as designated by the manufacturer, or if a reconstructed or homemade
vehicle, the first year of titling. If the manufacturer does not designate a
production period, the term "model year" means the calendar year of
manufacture. Determination of model year shall be as indicated in the VIN or on
the vehicle's registration documents.
(31) "New vehicle" means a motor vehicle to
which the legal title has never been transferred to an ultimate retail
purchaser as defined in s.
Trans
139.02.
(34) "OBD II" means the on-board diagnostic
system installed on 1996 and newer vehicles by the manufacturer that meets the
regulations promulgated by the USEPA under
42 USC
7401-
7671q.
(34m) "OBD inspection" or "OBD II inspection"
means an emissions related inspection in which the vehicle's on-board computer
is accessed to evaluate the status of the vehicle's emission control
system.
(35) "Performance
monitoring" means the system of evaluating automotive repair facilities'
performance by collecting and reporting the repair data as recorded on the
vehicle inspection report or as reported electronically, upon performance of
the repair.
(36) "Person" means an
individual, corporation, association, firm, partnership, joint stock company,
public or municipal corporation, political subdivision, the state or any agency
thereof, and the federal government.
(37) "Proper" or "properly" means meeting
original manufacturer's equipment standards or the equivalent.
(37m) "Readiness monitors" means the tests
performed internally by a vehicle's OBD II system that determine if an emission
component is ready to be checked by the on-board vehicle computer.
(38) "Recognized automotive emission repair
technician" means a person who has received and has proof of formal training in
both diagnosis and repair of automotive engines and related systems.
(39) "Recognized repair facility" means a
franchised new car dealer or other business with a Wisconsin sales tax number
that performs emission repairs as a regular part of its business activities and
employs at least one recognized automotive emission repair
technician.
(40) "Reconstructed
vehicle" has the same meaning as provided in s.
341.268(1) (d),
Stats.
(41) "Registration" has the
same meaning as provided in s.
344.01(2) (e),
Stats.
(42) "Remote sensing test"
means the test conducted under s.
Trans
131.14.
(44) "Tamper" or "tampering" has the same
meaning as in s. 285.30(6) (a)
3, Stats.
(45) "Technical
assistance center" means either a separate contractor facility or a portion of
an inspection station which, under the direction of a master automotive
technician, is equipped to perform both emission inspections and complete
diagnostic evaluations of nonexempt vehicles.
(48) "Truck" has the same meaning as "motor
truck" as provided in s.
340.01(34),
Stats.
(50) "USEPA" means the
United States Environmental Protection Agency.
(50m) "USEPA technical guidance" means the
USEPA publication "Performing Onboard Diagnostic System Checks as Part of a
Vehicle Inspection and Maintenance Program," dated June, 2001, which is
incorporated herein by reference. Any alternative inspection procedures or
changes in procedural details shall be approved by the USEPA administrator
prior to use.
Note: Copies are on file with the Legislative
Reference Bureau and the Attorney General's office. These procedures are
available in published form from the Wisconsin Department of Transportation,
Bureau of Field Services, P. O. Box 7909, Room 253, Madison, WI 53707-7909 and
can be accessed on the internet at
http://www.epa.gov/otaq/regs/im/obd/r01015.pdf.
(51) "Van" means a motor vehicle constructed
on a truck chassis, or indicated as a truck on the manufacturer's statement of
origin, with a completely enclosed driver and cargo compartment useable as a
cargo carrying vehicle or as a passenger vehicle depending upon
equipment.
(52) "Vehicle" or "motor
vehicle" has the same meaning as provided in s.
340.01(35),
Stats.
(53) "Vehicle inspection
notice" means a document mailed to vehicle owners as a result of failing a
remote sensing test indicating that the nonexempt vehicle has been inspected in
accordance with the provisions of s.
Trans
131.14 and, if necessary, shall be presented at an
inspection station or other authorized inspection facility for inspection under
s.
110.20(6) (a)
4, Stats.
(54) "Vehicle inspection
report" means a serially numbered document issued at an inspection station or
authorized inspection facility or technical assistance center or by an
inspector designated by the department to perform the functions of a technical
assistance center at the time of vehicle inspection, indicating that the
vehicle has been inspected in accordance with the provisions of this chapter,
and may include data reported electronically.
(55) "VIN" means a unique vehicle
identification number as defined in s.
340.01(23r),
Stats.
(56) "Voluntary inspection"
means the voluntary presentation of a nonexempt vehicle for an emission
inspection.
(56m) "Waiver" means a
conditional one-cycle exemption from emission inspection that may be granted to
a vehicle owner or lessee.
(57)
"Waiver emission equipment inspection" means a visual inspection conducted to
determine the presence and proper connection of selected emission equipment on
vehicles presented for waiver determination under s.
Trans
131.04.
(58) "Waiver investigator" means the
department employee or designated contractor representative who approves or
disapproves applications for waivers.
Notes
Wis. Admin. Code
Department of Transportation
Trans 131.02
Cr. Register, June, 1993,
No. 450, eff. 7-1-93; emerg. revise eff. 12-4-95; am. (intro.), renum. (1) to
(4), (6) to (10), (14) to (16), (18) to (22), (24), (26) to (28) and (34) to
(42) to be (2), (3), (6) to (10), (12), (13), (16), (19) to (25), (29) to (32),
(36), (37), (41), (43), (44), (48), (51), (52), (54), (56), (58), respectively,
and am. (6), (8) to (10), (12), (19), (22), (23), (25), (29), (32), (43), (44),
(51), (52), (54), (56), (58), cr. (1), (3m), (4), (14), (15), (18), (20m),
(27), (28), (34), (35), (38), (39), (40), (42), (45), (47), (49), (50), (50m),
(53), (55) and (57), r. (5), (12), (13), (23), (25), (29), (30), r. and recr.
(11), (17), (33), Register, April, 1996, No. 484, eff. 5-1-96; correction in
(44) made under s. 13.93(2m) (b)
7, Stats., Register, August, 1996, No. 488; correction made to delete
duplicative sub§ and correction in (12) and (20m) made under s.
13.93(2m) (b)
7, Stats., Register, April, 1999, No. 520; cr. (6m), (6r), (26), (34m), (37m),
am. (11), (22), (32), (50m) and (58), Register, May, 2001, No. 545, eff.
6-1-01; CR 07-114: cr. (1m) and (56m), r. (3), (4), (11), (14), (16), (27),
(30), (32), (33), (43), (47) and (49), am. (6), (6r), (10), (22), (25), (34) to
(35), (50m), (53) and (54), r. and recr. (8) Register June 2008 No. 630, eff.
7-1-08; CR 10-088: am. (1m), (6), (10), (34m), (50m), (54) and (56m) Register
December 2010 No. 660, eff. 1-1-11.
Amended by, CR 22-048: am. (19)
Register
July 2023 No. 811, eff. 8/1/2023