A BILL TO BE ENTITLED
AN ACT to abolish the motor vehicle safety Inspection program WHILE MAINTAINING THE MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑183.7 reads as rewritten:
"§ 20‑183.7.  Fees for performing an inspection and putting an inspection sticker on a vehicle; use of civil penalties.
(a)	Fee Amount. – When a fee applies to an inspection of a vehicle or the issuance of an inspection sticker, the fee must be collected. The fee for an inspection of a vehicle is fifteen dollars and twenty-five cents ($15.25). The fee for the issuance of an inspection sticker is six dollars and fifty cents ($6.50). 						
The fee for performing an inspection of a vehicle applies when an inspection is performed, regardless of whether the vehicle passes the inspection. The fee for an inspection sticker applies when an inspection sticker is put on a vehicle.  A vehicle that is inspected at an inspection station and fails the inspection is entitled to be reinspected at the same station at any time within 30 days of the failed inspection without paying another inspection fee.
The inspection fee set out in this subsection is the maximum amount that an inspection station or an inspection mechanic may charge for an inspection of a vehicle. An inspection station or an inspection mechanic may charge the maximum amount or any lesser amount for an inspection of a vehicle. The sticker fee set out in this subsection may not be increased or decreased.
(b)	Self‑Inspector. – The fee for an inspection does not apply to an inspection performed by a self‑inspector. The fee for putting an inspection sticker on a vehicle applies to an inspection performed by a self‑inspector.
(c)	Fee Distribution. – Fees collected for inspection stickers are payable to the Division of Motor Vehicles. The amount of each fee listed in the table below shall be credited to the Highway Fund, the Emissions Program Account established in subsection (d) of this section, the Telecommunications Account established in subsection (d1) of this section, the Volunteer Rescue/EMS Fund established in G.S. 58‑87‑5, the Rescue Squad Workers' Relief Fund established in G.S. 58‑88‑5, and the Division of Air Quality of the Department of Environment and Natural Resources:
Recipient 		
		Sticker
Highway Fund 		.00
Emissions Program Account 		3.80
Telecommunications Account 		1.75
Volunteer Rescue/EMS Fund 		.18
Rescue Squad Workers' Relief Fund 		.12
Division of Air Quality 		.65.
(d)	Emissions Program Account. – The Emissions Program Account is created as a nonreverting account within the Highway Fund. The Division shall administer the Account. Revenue in the Account may be used only to fund the vehicle emissions inspection and maintenance program.
(d1)	Telecommunications Account. – The Telecommunications Account is created as a nonreverting account within the Highway Fund. The Division shall administer the Account. Revenue in the Account may be used only to provide equipment and telecommunications services associated with the vehicle emissions inspection and maintenance program.
(e)	Civil Penalties. – Civil penalties collected under this Part shall be credited to the Highway Fund as nontax revenue.
(f)	Inspection Stations Required to Post Fee Information. – The Division shall approve the form and style of one or more standard signs to be used to display the information required by this subsection. The Division shall require that one or more of the standard signs be conspicuously posted at each inspection station in a manner reasonably calculated to make the information on the sign readily available to each person who presents a motor vehicle to the station for inspection. The sign shall include the following information:
(1)	The maximum and minimum amounts of the inspection fee authorized by this section.
(2)	The amount of the inspection fee charged by the inspection station and a statement that clearly indicates that the amount of the inspection fee is determined by the inspection station, that the inspection fee is retained by the inspection station to compensate the station for performing the inspection, and that the inspection fee is not paid to the State.
(3)	The amount of the sticker fee, if the motor vehicle passes the inspection, a statement that the sticker fee is paid to the State, and a brief summary of the purposes for which the sticker fee is collected.
(4)	The total fee to be charged if the motor vehicle passes the inspection.
(5)	A statement that a vehicle that fails an inspection may be reinspected at the same station within 30 days of the inspection without payment of another inspection fee.
(g)	Information on Receipt. – The information set out in subdivisions (1) through (5) of subsection (f) of this section shall be set out in not smaller than 12 point type and shall be shown graphically in the form of a pie chart on the receipt.
(h)	Subsections (f) and (g) of this section apply only to inspection stations that perform both emissions and inspections."
SECTION 2.  G.S. 20‑122.1 reads as rewritten:
"§ 20‑122.1.  Motor vehicles to be equipped with safe tires.
(a)	Every motor vehicle that is (i) subject to registration with the Division under Article 3 of this Chapter, (ii) not subject to inspection under 49 Code of Federal Regulations Part 396 (October 1, 2001 Edition), (iii) not a trailer whose gross weight is less than 4,000 pounds or is a house trailer, and (iv) is operated on the streets and highways of this State shall be equipped with tires which are safe for the operation of the motor vehicle and which do not expose the public to needless hazard. Tires shall be considered unsafe if cut so as to expose tire cord, cracked so as to expose tire cord, or worn so as to expose tire cord or there is a visible tread separation or chunking or the tire has less than two thirty‑seconds inch tread depth at two or more locations around the circumference of the tire in two adjacent major tread grooves, or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire in two adjacent major tread grooves: Provided, the two thirty‑ seconds tread depth requirements of this section shall not apply to dual wheel trailers. Provided further that as to trucks owned by farmers and operated exclusively in the carrying and transportation of the owner's farm products which are approved for daylight use only and which are equipped with dual wheels, the tread depth requirements of this section shall not apply to more than one wheel in each set of dual wheels. For the purpose of this section, the following definitions shall apply:
(1)	"Chunking" – separation of the tread from the carcass in particles which may range from very small size to several square inches in area.
(2)	"Cord" – strands forming a ply in a tire.
(3)	"Tread" – portion of tire which comes in contact with road.
(4)	"Tread depth" – the distance from the base of the tread design to the top of the tread.
(b)	The driver of any vehicle who is charged with a violation of this section shall be allowed 15 calendar days within which to bring the tires of such vehicle in conformance with the requirements of this section. It shall be a defense to any such charge that such vehicle had been sold, destroyed, or permanently removed from the highways. Violation of this section shall not constitute negligence per se."
SECTION 3.  G.S. 20‑127(d) reads as rewritten:
"(d)	Violations. – A person who does any of the following commits a misdemeanor of the class set in G.S. 20‑176:
(1)	Applies tinting to the window of a vehicle that is (i) subject to registration with the Division under Article 3 of this Chapter, (ii) not subject to inspection under 49 Code of Federal Regulations Part 396 (October 1, 2001 Edition), (iii) not a trailer whose gross weight is less than 4,000 pounds or is a house trailer, and the resulting tinted window does not meet the window tinting restrictions set in this section.
(2)	Drives on a highway or a public vehicular area a vehicle that has a window that does not meet the window tinting restrictions set in this section."
SECTION 4.  The title of Article 3A of Chapter 20 of the General Statutes reads as rewritten:
" Emissions Inspection Program."
SECTION 5.  The title of Part 2 of Article 3A of Chapter 20 of the General Statutes reads as rewritten:
"Part 2. Emissions Inspections of Certain Vehicles."
SECTION 6.  G.S. 20‑183.2(a) is repealed.
SECTION 7.  G.S. 20‑183.3 reads as rewritten:
"§ 20‑183.3.  Scope of safety inspection and emissions inspection.
										
(b)	Emissions. – An emissions inspection of a motor vehicle consists of a visual inspection of the vehicle's emissions control devices to determine if the devices are present, are properly connected, and are the correct type for the vehicle and, if the vehicle is fewer than 25 model years old and not a 1996 or later model, an analysis of the exhaust emissions of the vehicle to determine if the exhaust emissions meet the standards for the model year of the vehicle set by the Environmental Management Commission or, if the vehicle is a 1996 or later model, an analysis of data provided by the on‑board diagnostic (OBD) equipment installed by the vehicle manufacturer to identify any deterioration or malfunction in the operation of the vehicle that violates standards for the model year of the vehicle set by the Environmental Management Commission. To pass an emissions inspection a vehicle must pass both the visual inspection and, if the vehicle is fewer than 25 model years old and not a 1996 or later model, the exhaust emissions analysis or, if the vehicle is a 1996 or later model, the OBD analysis. 
(c)	Reinspection After Failure. – The scope of a reinspection of a vehicle that has been repaired after failing an inspection is the same as the original inspection unless the vehicle is presented for reinspection within 30 days of failing the original inspection. If the vehicle is presented for reinspection within this time limit, the reinspection is limited to the portion of the inspection the vehicle failed and any other portion of the inspection that would be affected by repairs made to correct the failure."
SECTION 8.  G.S. 20‑183.4 is repealed.
SECTION 9. G.S. 20‑183.4A reads as rewritten:
"§ 20‑183.4A.  License required to perform emissions inspection; qualifications for license.
(a)	License Required. – An emissions inspection must be performed by one of the following methods:
(1)	At a station that has an emissions inspection station license issued by the Division and by a mechanic who is employed by the station and has an emissions inspection mechanic license issued by the Division.
(2)	At a place of business of a person who has an emissions self‑inspector license issued by the Division and by an individual who has an emissions inspection mechanic license.
(b)	Station Qualifications. – An applicant for a license as an emissions inspection station must meet all of the following requirements:
	
(2)	Have an emissions analyzer approved by the Environmental Management Commission, equipment to analyze data provided by the on‑board diagnostic (OBD) equipment approved by the Environmental Management Commission, or both.
(3)	Have equipment to transfer information on emissions inspections to the Division by electronic means.
(4)	Regularly employ at least one mechanic who has an emissions inspection mechanic license.
(c)	Mechanic Qualifications. – An applicant for a license as an emissions inspection mechanic must meet all of the following requirements:
	
(2)	Have successfully completed an eight‑hour course approved by the Division that teaches students about the causes and effects of the air pollution problem; the purpose of the emissions inspection program; the vehicle emission standards established by the United States Environmental Protection Agency; the emission control devices on vehicles; how to conduct an emissions inspection using an emissions analyzer approved by the Environmental Management Commission, equipment to analyze data provided by the on‑board diagnostic (OBD) equipment approved by the Environmental Management Commission, or both; and any other topic required by 40 Code of Federal Regulations § 51.367 (July 1, 2001 Edition) to be included in the course. Successful completion requires a passing score on a written test and on a hands‑on test in which the student is required to conduct an emissions inspection of a motor vehicle.
(d)	Self‑Inspector Qualifications. – An applicant for a license as an emissions self‑inspector must meet all of the following requirements:
	
(2)	Operate a fleet of at least 10 vehicles that are subject to an emissions inspection.
(3)	Have, or have a contract with a person who has, an emissions analyzer approved by the Environmental Management Commission, equipment to analyze data provided by the on‑board diagnostic (OBD) equipment approved by the Environmental Management Commission, or both.
(4)	Regularly employ or contract with an individual who has an emissions inspection mechanic license and who will perform an emissions inspection on the vehicles that are part of the self‑inspector's fleet."
SECTION 10.  G.S. 20‑183.4B reads as rewritten:
"§ 20‑183.4B.  Application for license; duration of license; renewal of mechanic license.
(a)	Application. – An applicant for a license issued under this Part must complete an application form provided by the Division. The application must contain the applicant's name and address and any other information needed by the Division to determine whether the applicant is qualified for the license. The Division must review an application for a license to determine if the applicant qualifies for the license. If the applicant meets the qualifications, the Division must issue the license. If the applicant does not meet the qualifications, the Division must deny the application and notify the applicant in writing of the reason for the denial.
(b)	Duration of License. –An emissions mechanic inspection license expires two years after the date it is issued. An emissions inspection station license and a self‑inspector license are effective until surrendered by the license holder or suspended or revoked by the Division.
(c)	Renewal of Mechanic License. –An emissions inspection mechanic may apply to renew a license by filing an application with the Division on a form provided by the Division. To renew an emissions inspection mechanic license, an applicant must have successfully completed a four‑hour emissions refresher course approved by the Division within nine months of applying for renewal. Successful completion requires a passing score on a written test and on a hands‑on test in which the student is required to conduct an emissions inspection of a motor vehicle."
SECTION 11.  G.S. 20‑183.4C reads as rewritten:
"§ 20‑183.4C.  When a vehicle must be inspected; one‑way trip permit.
(a)	Inspection. – A vehicle that is subject to an emissions inspection must be inspected as follows:
(1)	A new vehicle must be inspected before it is sold at retail in this State.
(2)	A used vehicle must be inspected before it is offered for sale at retail in this State by a dealer at a location other than a public auction.
(3)	A used vehicle that is offered for sale at retail in this State by a dealer at a public auction must be inspected before it is offered for sale unless it has an inspection sticker that was put on the vehicle under this Part and does not expire until at least nine months after the date the vehicle is offered for sale at auction.
(4)	A used vehicle acquired by a resident of this State from a person outside the State must be inspected within 10 days after the vehicle is registered with the Division.
(5)	A vehicle owned by a new resident of this State who transfers the registration of the vehicle from the resident's former home state to this State must be inspected within 10 days after the vehicle is registered with the Division.
(5a)	If the registration of a vehicle is transferred from a county that is not an emissions county to an emissions county, the vehicle must be inspected in accordance with this Part within 60 days of the transfer of registration.
(6)	A vehicle that has been inspected in accordance with this Part must be inspected by the last day of the month in which the inspection sticker on the vehicle expires, unless another subdivision of this section requires it to be inspected sooner.
(b)	Permit. – The Division may issue a one‑way trip permit to a person that authorizes the person to drive to an inspection station a vehicle whose inspection sticker has expired. The permit must describe the vehicle whose inspection sticker has expired. The permit authorizes the person to drive the described vehicle only from the place the vehicle is parked to an inspection station.
The Division may issue a 10‑day temporary permit to a person that authorizes the person to drive a vehicle that failed to pass an emissions inspection. The permit must describe the vehicle that failed to pass inspection and the date that it failed to pass inspection."
SECTION 12.  GS. 20‑183.4D reads as rewritten:
"§ 20‑183.4D.  Procedure when a vehicle is inspected.
(a)	Receipt. – When a safety inspection mechanic or an emissions inspection mechanic inspects a vehicle, the mechanic must give the person who brought the vehicle in for inspection an inspection receipt. The inspection receipt must state the date of the inspection, identify the mechanic performing the inspection, identify the station or self‑inspector where the inspection was performed, and list the components of the inspection performed and indicate for each component whether the vehicle passed or failed. A vehicle that fails a component of an inspection may be repaired at any repair facility chosen by the owner or operator of the vehicle.
(b)	Sticker. – When a vehicle has a waiver for the emissions inspection, the emissions mechanic performing the inspection must put an inspection sticker on the windshield of the vehicle at the place designated by the Division.
(c)	Content of Sticker. – An inspection sticker must indicate when it expires, must be printed with a unique serial number and an official program seal, and must be counterfeit resistant. The side of an inspection sticker that is readable from the interior of a vehicle must contain the following information:
(1)	The date the inspection was performed.
(2)	The odometer reading when the inspection was performed.
(3)	The signature, initials, or other identification of the mechanic who performed the inspection and put the sticker on the windshield.
(d)	When Sticker Expires. – An inspection sticker put on a vehicle that did not have an inspection sticker issued under this Part when it was brought in for inspection expires at midnight on the last day of the twelfth month after the month the inspection sticker is put on the vehicle. An inspection sticker put on a vehicle that had an inspection sticker that was put on under this Part when it was brought in for inspection expires as follows:
(1)	If the expiration date of the inspection sticker the vehicle had when it was brought in for inspection is less than 12 full months from the date of the inspection, the inspection sticker expires at midnight on the last day of the twelfth month after the month the inspection sticker is put on the vehicle.
(2)	If the expiration date of the inspection sticker the vehicle had when it was brought in for inspection is 12 or more months from the date of the inspection, the inspection sticker expires one year after the expiration date of the inspection sticker the vehicle had when it was brought in for inspection, regardless of whether there are 12 months in this period."
SECTION 13.  G.S. 20‑183.6 reads as rewritten:
"§ 20‑183.6.  Businesses that replace windshields must register with Division to get inspection stickers.
A person who is engaged in the business of replacing windshields on vehicles that are subject to inspection under this Part may register with the Division to obtain replacement inspection stickers for use on replaced windshields. A replacement inspection sticker put on a windshield that has been replaced must contain the same information and expire at the same time as the inspection sticker it replaces. A person who puts a replacement inspection sticker on a replaced windshield must remove the inspection sticker from the windshield that was replaced, attach the removed inspection sticker to a copy of the statement given the vehicle owner for replacing the windshield, and keep that copy of the statement until 18 months after the sticker was removed.
A person registered under this section must keep records of replacement stickers put on replaced windshields and must be able to account for all inspection stickers received from the Division. The Division may suspend or revoke the registration of a person under this section if the person fails to keep records required by the Division or is unable to account for inspection stickers received from the Division. An auditor of the Division may review the records of a person registered under this section during normal business hours.
A person who is registered under this section and has an emissions inspection station license must keep the records of the inspection stickers used on replaced windshields separate from the records of the inspection stickers used on vehicles inspected. A person who is registered under this section and has an inspection station license may not inspect a vehicle whose windshield is being replaced unless the inspection sticker on the windshield has expired or expires at the end of the month in which the windshield is being replaced and the person has the vehicle owner's permission to inspect the vehicle."
SECTION 14.  G.S. 20‑183.6A(a) reads as rewritten:
"(a)	Division. – The Division is responsible for administering the emissions inspection program. In exercising this responsibility, the Division must:
(1)	Conduct performance audits, record audits, and equipment audits of those licensed to perform inspections to ensure that inspections are performed properly.
(2)	Ensure that Division personnel who audit license holders are knowledgeable about audit procedures and about the requirements of the emissions inspection program.
(3)	Perform an emissions inspection on a vehicle when requested to do so by a vehicle owner so the owner can compare the result of the inspection performed by the Division with the result of an inspection performed at an emissions inspection station.
(4)	Investigate complaints about a person licensed to perform inspections and reports of irregularities in performing inspections.
(5)	Establish written procedures for the issuance of inspection stickers to persons licensed to perform inspections.
(6)	Submit information and reports to the federal Environmental Protection Agency as required by 40 Code of Federal Regulations Part 51 (July 1, 2001 Edition)."
SECTION 15.  G.S. 20‑183.8(b)(4) reads as rewritten:
"(4)	The charged infraction is described in subdivision (a)(1) of this section, the vehicle is subject to an emissions inspection and the vehicle owner establishes in court that the vehicle was inspected after the citation was issued and within 30 days of the expiration date of the inspection sticker that was on the vehicle when the citation was issued."
SECTION 16. G.S. 20‑183.8C(a)(6) is repealed.
SECTION 17. G.S. 20‑183.8D(a) is repealed.
SECTION 18.  G.S. 20‑358(3) is repealed.
SECTION 19.  This act becomes effective October 1, 2002.