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 the
control of emissions from vehicles. However, the board must, before
adopting the rules, forward to each member of the general assembly
a copy of the proposed rules. The rules may prescribe requirements
for the following:
(1) The installation and use of equipment designed to reduce or
eliminate 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 this
chapter must be consistent with provisions of federal law relating to
control of emissions from vehicles. The board may not require, as a
condition precedent to the initial sale of a vehicle or vehicular
equipment, the inspection, certification, or other approval of any
feature or equipment designed for the control of emissions from
vehicles if the feature or equipment has been certified, approved, or
otherwise 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 may
not:
(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 control
air pollution of a vehicle and that is required by rules of the board to
be 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 shall
suspend the registration of any vehicle that is not in compliance with
section 3 of this chapter and may not reinstate the registration until:
(1) the emission control equipment of the vehicle has been
restored, replaced, or repaired and is in good working order;
and
(2) if the vehicle is subject to a rule of the board requiring
testing of the emission characteristics of certain vehicles in
certain counties, all requirements of that rule applying to the
vehicle 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Repealed
(Repealed by P.L.229-1999, SEC.5.)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 pollution
control laws that requires:
(1) certain motor vehicles registered in certain counties to
undergo a periodic test of emission characteristics; and
(2) vehicles failing the emissions test to be repaired and
retested;
applies to the vehicles registered in those counties subject to the
rules. An exemption in the rules applies to motor vehicles registered
in those counties subject to the rule.
(b) An inspection station authorized by a rule adopted by the
board may:
(1) inspect any vehicle; and
(2) certify that the inspected vehicle meets air emission control
standards established in the applicable rules.
(c) The department may contract with a person to conduct
inspections to test the emissions or emission control devices of motor
vehicles. If inspections are conducted by a contractor under this
subsection, the inspections and testing shall be conducted under the
direction of the department. The department may not enter into a
contract with a foreign corporation under this section unless the
foreign corporation is registered with the secretary of state to do
business in Indiana.
(d) The duration of a contract entered into under this section may
not exceed ten (10) years.
(e) This section does not prohibit the board or the department
from adopting fleet inspection procedures.
(f) IC 5-22-17-3 does not apply to a procurement under this
section. 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 seventy
thousand (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 inspection
stations operating in a county under this subsection, a temporary or
portable inspection station counts as an inspection station. After July
1, 1997, the department must maintain in a county under subsection
(a) an equal or greater number of inspection stations as were
operating 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 recently
manufactured vehicles
Sec. 6. (a) A rule adopted by the board under air pollution control
laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a
time;
may not require that new vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance.
(b) A rule adopted by the board under air pollution control laws
that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt from the emissions test due
to the length of time since the vehicles were manufactured;
may not require that those vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance. 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 budget
committee 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 program
described in section 5.1 of this chapter.
(b) If the money described under subsection (a) becomes
insufficient 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 report
violations; 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 section
5 (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 or
IC 13-1-1-6 (before its repeal), the officer or employee shall notify
the bureau of motor vehicles in writing of the violation or failure for
purposes of the suspension of the registration of the vehicle in
question 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 section
5 (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 this
chapter or IC 13-1-1-6 (before its repeal) has been corrected shall
notify the bureau of motor vehicles in writing of the correction or
achievement of compliance for purposes of the reinstatement of the
vehicle'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; approval
of programs by budget agency
Sec. 9. (a) After December 31, 2006, the board may not adopt a
rule under air pollution control laws that requires motor vehicles to
undergo a periodic test of emission characteristics in the following
counties:
(1) A county having a population of more than seventy
thousand (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 extent
it applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicle
inspection program for a county referred to in subsection (a), the
board shall amend 326 IAC 13-1.1 so that it does not apply after
December 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee, may
approve in writing the implementation of a periodic vehicle
inspection program for one (1) or more counties described in
subsection (a) only if the budget agency determines that the
implementation of a periodic vehicle inspection program in the
designated counties is necessary to avoid a loss of federal highway
funding for the state or a political subdivision. The approval must
specify the counties to which the periodic vehicle inspection program
applies and the time during which the periodic vehicle inspection
program must be conducted in each designated county. The budget
agency, after review by the budget committee, shall withdraw an
approval given under this subsection for a periodic vehicle inspection
program in a county if the budget agency determines that the
suspension of the periodic vehicle inspection program will not
adversely affect federal highway funding for the state or a political
subdivision. As added by P.L.282-2003, SEC.37.
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 the
control of emissions from vehicles. However, the board must, before
adopting the rules, forward to each member of the general assembly
a copy of the proposed rules. The rules may prescribe requirements
for the following:
(1) The installation and use of equipment designed to reduce or
eliminate 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 this
chapter must be consistent with provisions of federal law relating to
control of emissions from vehicles. The board may not require, as a
condition precedent to the initial sale of a vehicle or vehicular
equipment, the inspection, certification, or other approval of any
feature or equipment designed for the control of emissions from
vehicles if the feature or equipment has been certified, approved, or
otherwise 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 may
not:
(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 control
air pollution of a vehicle and that is required by rules of the board to
be 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 shall
suspend the registration of any vehicle that is not in compliance with
section 3 of this chapter and may not reinstate the registration until:
(1) the emission control equipment of the vehicle has been
restored, replaced, or repaired and is in good working order;
and
(2) if the vehicle is subject to a rule of the board requiring
testing of the emission characteristics of certain vehicles in
certain counties, all requirements of that rule applying to the
vehicle 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 pollution
control laws that requires:
(1) certain motor vehicles registered in certain counties to
undergo a periodic test of emission characteristics; and
(2) vehicles failing the emissions test to be repaired and
retested;
applies to the vehicles registered in those counties subject to the
rules. An exemption in the rules applies to motor vehicles registered
in those counties subject to the rule.
(b) An inspection station authorized by a rule adopted by the
board may:
(1) inspect any vehicle; and
(2) certify that the inspected vehicle meets air emission control
standards established in the applicable rules.
(c) The department may contract with a person to conduct
inspections to test the emissions or emission control devices of motor
vehicles. If inspections are conducted by a contractor under this
subsection, the inspections and testing shall be conducted under the
direction of the department. The department may not enter into a
contract with a foreign corporation under this section unless the
foreign corporation is registered with the secretary of state to do
business in Indiana.
(d) The duration of a contract entered into under this section may
not exceed ten (10) years.
(e) This section does not prohibit the board or the department
from adopting fleet inspection procedures.
(f) IC 5-22-17-3 does not apply to a procurement under this
section. 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 seventy
thousand (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 inspection
stations operating in a county under this subsection, a temporary or
portable inspection station counts as an inspection station. After July
1, 1997, the department must maintain in a county under subsection
(a) an equal or greater number of inspection stations as were
operating 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 recently
manufactured vehicles
Sec. 6. (a) A rule adopted by the board under air pollution control
laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a
time;
may not require that new vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance.
(b) A rule adopted by the board under air pollution control laws
that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt from the emissions test due
to the length of time since the vehicles were manufactured;
may not require that those vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance. 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 budget
committee 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 program
described in section 5.1 of this chapter.
(b) If the money described under subsection (a) becomes
insufficient 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 report
violations; 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 section
5 (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 or
IC 13-1-1-6 (before its repeal), the officer or employee shall notify
the bureau of motor vehicles in writing of the violation or failure for
purposes of the suspension of the registration of the vehicle in
question 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 section
5 (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 this
chapter or IC 13-1-1-6 (before its repeal) has been corrected shall
notify the bureau of motor vehicles in writing of the correction or
achievement of compliance for purposes of the reinstatement of the
vehicle'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; approval
of programs by budget agency
Sec. 9. (a) After December 31, 2006, the board may not adopt a
rule under air pollution control laws that requires motor vehicles to
undergo a periodic test of emission characteristics in the following
counties:
(1) A county having a population of more than seventy
thousand (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 extent
it applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicle
inspection program for a county referred to in subsection (a), the
board shall amend 326 IAC 13-1.1 so that it does not apply after
December 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee, may
approve in writing the implementation of a periodic vehicle
inspection program for one (1) or more counties described in
subsection (a) only if the budget agency determines that the
implementation of a periodic vehicle inspection program in the
designated counties is necessary to avoid a loss of federal highway
funding for the state or a political subdivision. The approval must
specify the counties to which the periodic vehicle inspection program
applies and the time during which the periodic vehicle inspection
program must be conducted in each designated county. The budget
agency, after review by the budget committee, shall withdraw an
approval given under this subsection for a periodic vehicle inspection
program in a county if the budget agency determines that the
suspension of the periodic vehicle inspection program will not
adversely affect federal highway funding for the state or a political
subdivision. As added by P.L.282-2003, SEC.37.
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 the
control of emissions from vehicles. However, the board must, before
adopting the rules, forward to each member of the general assembly
a copy of the proposed rules. The rules may prescribe requirements
for the following:
(1) The installation and use of equipment designed to reduce or
eliminate 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 this
chapter must be consistent with provisions of federal law relating to
control of emissions from vehicles. The board may not require, as a
condition precedent to the initial sale of a vehicle or vehicular
equipment, the inspection, certification, or other approval of any
feature or equipment designed for the control of emissions from
vehicles if the feature or equipment has been certified, approved, or
otherwise 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 may
not:
(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 control
air pollution of a vehicle and that is required by rules of the board to
be 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 shall
suspend the registration of any vehicle that is not in compliance with
section 3 of this chapter and may not reinstate the registration until:
(1) the emission control equipment of the vehicle has been
restored, replaced, or repaired and is in good working order;
and
(2) if the vehicle is subject to a rule of the board requiring
testing of the emission characteristics of certain vehicles in
certain counties, all requirements of that rule applying to the
vehicle 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 pollution
control laws that requires:
(1) certain motor vehicles registered in certain counties to
undergo a periodic test of emission characteristics; and
(2) vehicles failing the emissions test to be repaired and
retested;
applies to the vehicles registered in those counties subject to the
rules. An exemption in the rules applies to motor vehicles registered
in those counties subject to the rule.
(b) An inspection station authorized by a rule adopted by the
board may:
(1) inspect any vehicle; and
(2) certify that the inspected vehicle meets air emission control
standards established in the applicable rules.
(c) The department may contract with a person to conduct
inspections to test the emissions or emission control devices of motor
vehicles. If inspections are conducted by a contractor under this
subsection, the inspections and testing shall be conducted under the
direction of the department. The department may not enter into a
contract with a foreign corporation under this section unless the
foreign corporation is registered with the secretary of state to do
business in Indiana.
(d) The duration of a contract entered into under this section may
not exceed ten (10) years.
(e) This section does not prohibit the board or the department
from adopting fleet inspection procedures.
(f) IC 5-22-17-3 does not apply to a procurement under this
section. 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 seventy
thousand (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 inspection
stations operating in a county under this subsection, a temporary or
portable inspection station counts as an inspection station. After July
1, 1997, the department must maintain in a county under subsection
(a) an equal or greater number of inspection stations as were
operating 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 recently
manufactured vehicles
Sec. 6. (a) A rule adopted by the board under air pollution control
laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a
time;
may not require that new vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance.
(b) A rule adopted by the board under air pollution control laws
that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt from the emissions test due
to the length of time since the vehicles were manufactured;
may not require that those vehicles be presented at an official vehicle
inspection station for the purpose of obtaining a certificate of
compliance. 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 budget
committee 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 program
described in section 5.1 of this chapter.
(b) If the money described under subsection (a) becomes
insufficient 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 report
violations; 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 section
5 (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 or
IC 13-1-1-6 (before its repeal), the officer or employee shall notify
the bureau of motor vehicles in writing of the violation or failure for
purposes of the suspension of the registration of the vehicle in
question 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 section
5 (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 this
chapter or IC 13-1-1-6 (before its repeal) has been corrected shall
notify the bureau of motor vehicles in writing of the correction or
achievement of compliance for purposes of the reinstatement of the
vehicle'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; approval
of programs by budget agency
Sec. 9. (a) After December 31, 2006, the board may not adopt a
rule under air pollution control laws that requires motor vehicles to
undergo a periodic test of emission characteristics in the following
counties:
(1) A county having a population of more than seventy
thousand (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 extent
it applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicle
inspection program for a county referred to in subsection (a), the
board shall amend 326 IAC 13-1.1 so that it does not apply after
December 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee, may
approve in writing the implementation of a periodic vehicle
inspection program for one (1) or more counties described in
subsection (a) only if the budget agency determines that the
implementation of a periodic vehicle inspection program in the
designated counties is necessary to avoid a loss of federal highway
funding for the state or a political subdivision. The approval must
specify the counties to which the periodic vehicle inspection program
applies and the time during which the periodic vehicle inspection
program must be conducted in each designated county. The budget
agency, after review by the budget committee, shall withdraw an
approval given under this subsection for a periodic vehicle inspection
program in a county if the budget agency determines that the
suspension of the periodic vehicle inspection program will not
adversely affect federal highway funding for the state or a political
subdivision. As added by P.L.282-2003, SEC.37.
