CHAPTER 5. MOTOR VEHICLE EMISSION CONTROL
IC 13-17-5
Chapter 5. Motor Vehicle Emission Control
IC 13-17-5-1
Rules
Sec. 1. The air pollution control board may adopt rules for thecontrol of emissions from vehicles. However, the board must, beforeadopting the rules, forward to each member of the general assemblya copy of the proposed rules. The rules may prescribe requirementsfor the following:
(1) The installation and use of equipment designed to reduce oreliminate emissions.
(2) The proper maintenance of that equipment and of vehicles.
As added by P.L.1-1996, SEC.7.
IC 13-17-5-2
Consistency of rules with federal emission control laws
Sec. 2. Any rules proposed for adoption under section 1 of thischapter must be consistent with provisions of federal law relating tocontrol of emissions from vehicles. The board may not require, as acondition precedent to the initial sale of a vehicle or vehicularequipment, the inspection, certification, or other approval of anyfeature or equipment designed for the control of emissions fromvehicles if the feature or equipment has been certified, approved, orotherwise authorized under federal law.
As added by P.L.1-1996, SEC.7.
IC 13-17-5-3
Removal or failure to maintain emission control device
Sec. 3. Except as permitted or authorized by law, a person maynot:
(1) fail to maintain in good working order; or
(2) remove, dismantle, or otherwise cause to be inoperative;
any air pollution control system or mechanism that is used to controlair pollution of a vehicle and that is required by rules of the board tobe maintained in or on the vehicle.
As added by P.L.1-1996, SEC.7.
IC 13-17-5-4
Penalty
Sec. 4. The commissioner of the bureau of motor vehicles shallsuspend the registration of any vehicle that is not in compliance withsection 3 of this chapter and may not reinstate the registration until:
(1) the emission control equipment of the vehicle has beenrestored, replaced, or repaired and is in good working order;and
(2) if the vehicle is subject to a rule of the board requiringtesting of the emission characteristics of certain vehicles incertain counties, all requirements of that rule applying to thevehicle have been satisfied.As added by P.L.1-1996, SEC.7.
IC 13-17-5-5
Repealed
(Repealed by P.L.229-1999, SEC.5.)
IC 13-17-5-5.1
Applicability of rules regarding tests; inspection station powers;contracts to conduct tests
Sec. 5.1. (a) A rule adopted by the board under air pollutioncontrol laws that requires:
(1) certain motor vehicles registered in certain counties toundergo a periodic test of emission characteristics; and
(2) vehicles failing the emissions test to be repaired andretested;
applies to the vehicles registered in those counties subject to therules. An exemption in the rules applies to motor vehicles registeredin those counties subject to the rule.
(b) An inspection station authorized by a rule adopted by theboard may:
(1) inspect any vehicle; and
(2) certify that the inspected vehicle meets air emission controlstandards established in the applicable rules.
(c) The department may contract with a person to conductinspections to test the emissions or emission control devices of motorvehicles. If inspections are conducted by a contractor under thissubsection, the inspections and testing shall be conducted under thedirection of the department. The department may not enter into acontract with a foreign corporation under this section unless theforeign corporation is registered with the secretary of state to dobusiness in Indiana.
(d) The duration of a contract entered into under this section maynot exceed ten (10) years.
(e) This section does not prohibit the board or the departmentfrom adopting fleet inspection procedures.
(f) IC 5-22-17-3 does not apply to a procurement under thissection.
As added by P.L.229-1999, SEC.2.
IC 13-17-5-5.4
Number of inspection stations in certain counties
Sec. 5.4. (a) This section applies to the following counties:
(1) A county having a population of more than seventythousand (70,000) but less than seventy-one thousand (71,000).
(2) A county having a population of more than ninety thousand(90,000) but less than one hundred thousand (100,000).
(b) For the purpose of determining the number of inspectionstations operating in a county under this subsection, a temporary orportable inspection station counts as an inspection station. After July1, 1997, the department must maintain in a county under subsection
(a) an equal or greater number of inspection stations as wereoperating in the county on July 1, 1996.
As added by P.L.79-1997, SEC.2. Amended by P.L.170-2002,SEC.86.
IC 13-17-5-6
Vehicle emissions tests certificate of compliance; new and recentlymanufactured vehicles
Sec. 6. (a) A rule adopted by the board under air pollution controllaws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for atime;
may not require that new vehicles be presented at an official vehicleinspection station for the purpose of obtaining a certificate ofcompliance.
(b) A rule adopted by the board under air pollution control lawsthat:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt from the emissions test dueto the length of time since the vehicles were manufactured;
may not require that those vehicles be presented at an official vehicleinspection station for the purpose of obtaining a certificate ofcompliance.
As added by P.L.1-1996, SEC.7.
IC 13-17-5-6.7
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 13-17-5-7
Motor vehicle emissions testing program; funding
Sec. 7. (a) The department shall annually advise the budgetcommittee on whether:
(1) money appropriated by the general assembly; and
(2) money available through federal grants;
is adequate to implement a motor vehicle emissions testing programdescribed in section 5.1 of this chapter.
(b) If the money described under subsection (a) becomesinsufficient to implement a motor vehicle emissions testing program,the department shall immediately notify:
(1) the governor; and
(2) the budget committee;
of the insufficiency.
As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.3.
IC 13-17-5-8
Motor vehicle emissions inspection station; duty to reportviolations; notification of compliance
Sec. 8. (a) Whenever: (1) an officer or employee of the department; or
(2) a person the department has contracted with under section5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11(before its repeal);
learns of a violation of section 1, 2, 3, or 4 of this chapter orIC 13-1-1-6 (before its repeal), the officer or employee shall notifythe bureau of motor vehicles in writing of the violation or failure forpurposes of the suspension of the registration of the vehicle inquestion under IC 9-18-2-39.
(b) After a vehicle's registration is suspended under IC 9-18-2-39:
(1) an officer or employee of the department; or
(2) a person the department has contracted with under section5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11(before its repeal);
who recognizes that the violation of section 1, 2, 3, or 4 of thischapter or IC 13-1-1-6 (before its repeal) has been corrected shallnotify the bureau of motor vehicles in writing of the correction orachievement of compliance for purposes of the reinstatement of thevehicle's registration under IC 9-18-2-39.
As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.4.
IC 13-17-5-9
Rules for vehicle inspection programs in certain counties; approvalof programs by budget agency
Sec. 9. (a) After December 31, 2006, the board may not adopt arule under air pollution control laws that requires motor vehicles toundergo a periodic test of emission characteristics in the followingcounties:
(1) A county having a population of more than seventythousand (70,000) but less than seventy-one thousand (71,000).
(2) A county having a population of more than ninety thousand(90,000) but less than one hundred thousand (100,000).
(b) After December 31, 2006, 326 IAC 13-1.1 is void to the extentit applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicleinspection program for a county referred to in subsection (a), theboard shall amend 326 IAC 13-1.1 so that it does not apply afterDecember 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee, mayapprove in writing the implementation of a periodic vehicleinspection program for one (1) or more counties described insubsection (a) only if the budget agency determines that theimplementation of a periodic vehicle inspection program in thedesignated counties is necessary to avoid a loss of federal highwayfunding for the state or a political subdivision. The approval mustspecify the counties to which the periodic vehicle inspection programapplies and the time during which the periodic vehicle inspectionprogram must be conducted in each designated county. The budgetagency, after review by the budget committee, shall withdraw anapproval given under this subsection for a periodic vehicle inspection
program in a county if the budget agency determines that thesuspension of the periodic vehicle inspection program will notadversely affect federal highway funding for the state or a politicalsubdivision.
As added by P.L.282-2003, SEC.37.