§ 20-183.8C. Acts that are Type I, II, or III emissions violations. - North Carolina Statutes

§ 20‑183.8C.  Acts thatare Type I, II, or III emissions violations.

(a)        Type I. – It is aType I violation for an emissions self‑inspector, an emissions inspectionstation, or an emissions inspection mechanic to do any of the following:

(1)        Issue an emissionselectronic inspection authorization on a vehicle without performing anemissions inspection of the vehicle.

(1a)      Issue an emissionselectronic inspection authorization to a vehicle after performing an emissionsinspection of the vehicle and determining that the vehicle did not pass theinspection.

(2)        Use a test‑defeatingstrategy when conducting an emissions inspection by changing the emissionstandards for a vehicle by incorrectly entering the vehicle type or model year,or using data provided by the on‑board diagnostic (OBD) equipment ofanother vehicle to achieve a passing result.

(3)        Allow a person whois not licensed as an emissions inspection mechanic to perform an emissionsinspection for a self‑inspector or at an emissions station.

(4)        Sell, issue, orotherwise give an electronic inspection authorization to another other than asthe result of a vehicle inspection in which the vehicle passed the inspectionor for which the vehicle received a waiver.

(5)        Be unable to accountfor five or more electronic inspection authorizations at any one time upon therequest of an auditor of the Division.

(6)        Perform a safety‑onlyinspection on a vehicle that is subject to both a safety and an emissionsinspection.

(7)        Transfer anelectronic inspection authorization from one vehicle to another.

(b)        Type II. – It is aType II violation for an emissions self‑inspector, an emissionsinspection station, or an emissions inspection mechanic to do any of thefollowing:

(1)        Use theidentification code of another to gain access to an emissions analyzer or toequipment to analyze data provided by on‑board diagnostic (OBD)equipment.

(2)        Keep compliancedocuments in a manner that makes them easily accessible to individuals who arenot inspection mechanics.

(3)        Issue a safety electronicinspection authorization or an emissions electronic inspection authorization ona vehicle that is required to have one of the following emissions controldevices but does not have it:

a.         Catalytic converter.

b.         PCV valve.

c.         Thermostatic air control.

d.         Oxygen sensor.

e.         Unleaded gasrestrictor.

f.          Gasoline tank cap.

g.         Air injectionsystem.

h.         Evaporativeemissions system.

i.          Exhaust gasrecirculation (EGR) valve.

(4)        Issue a safetyelectronic inspection authorization or an emissions electronic inspectionauthorization on a vehicle without performing a visual inspection of thevehicle's exhaust system and checking the exhaust system for leaks.

(5)        Impose no fee for anemissions inspection of a vehicle or the issuance of an emissions electronic inspectionauthorization or impose a fee for one of these actions in an amount thatdiffers from the amount set in G.S. 20‑183.7.

(c)        Type III. – It is aType III violation for an emissions self‑inspector, an emissionsinspection station, or an emissions inspection mechanic to do any of thefollowing:

(1)        Fail to post anemissions license issued by the Division.

(2)        Fail to sendinformation on emissions inspections to the Division at the time or in the formrequired by the Division.

(3)        Fail to postemissions information required by federal law to be posted.

(4)        Repealed by SessionLaw 2007‑503, s. 16, effective October 1, 2008.

(5)        Fail to put therequired information on an inspection receipt in a legible manner.

(6)        Repealed by SessionLaws 2007‑503, s. 16, effective October 1, 2008.

(d)        Other Acts. – Thelists in this section of the acts that are Type I, Type II, or Type IIIviolations are not the only acts that are one of these types of violations. TheDivision may designate other acts that are a Type I, Type II, or Type IIIviolation. (1993(Reg. Sess., 1994), c. 754, s. 1; 1995, c. 163, s. 11; 1997‑29, s. 7;1997‑456, s. 35; 2000‑134, ss. 18, 19; 2001‑504, ss. 15, 16,19; 2007‑503, s. 16.)