Motor vehicles subject to program, when, evidence of inspection andapproval--exceptions--reciprocity with other states--dealerinspection, return of motor vehicle for failing inspection,options, violation.
643.315. 1. Except as provided in sections 643.300 to 643.355, allmotor vehicles which are domiciled, registered or primarily operated in anarea for which the commission has established a motor vehicle emissionsinspection program pursuant to sections 643.300 to 643.355 shall beinspected and approved prior to sale or transfer; provided that, if suchvehicle is inspected and approved prior to sale or transfer, such vehicleshall not be subject to another emissions inspection for ninety days afterthe date of sale or transfer of such vehicle. In addition, any suchvehicle manufactured as an even-numbered model year vehicle shall beinspected and approved under the emissions inspection program establishedpursuant to sections 643.300 to 643.355 in each even-numbered calendar yearand any such vehicle manufactured as an odd-numbered model year vehicleshall be inspected and approved under the emissions inspection programestablished pursuant to sections 643.300 to 643.355 in each odd-numberedcalendar year. All motor vehicles subject to the inspection requirementsof sections 643.300 to 643.355 shall display a valid emissions inspectionsticker, and when applicable, a valid emissions inspection certificateshall be presented at the time of registration or registration renewal ofsuch motor vehicle. The department of revenue shall require evidence ofthe safety and emission inspection and approval required by this section inissuing the motor vehicle annual registration in conformity with theprocedure required by sections 307.350 to 307.390, RSMo, and sections643.300 to 643.355. The director of revenue may verify that a successfulsafety and emissions inspection was completed via electronic means.
2. The inspection requirement of subsection 1 of this section shallapply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight ratingin excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted fromthe motor vehicle emissions inspection under federal regulation andapproved by the commission by rule;
(3) Model year vehicles manufactured prior to 1996;
(4) Vehicles which are powered exclusively by electric or hydrogenpower or by fuels other than gasoline which are exempted from the motorvehicle emissions inspection under federal regulation and approved by thecommission by rule;
(5) Motor vehicles registered in an area subject to the inspectionrequirements of sections 643.300 to 643.355 which are domiciled andoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355, but only if the owner of suchvehicle presents to the department an affidavit that the vehicle will beoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355 for the next twenty-fourmonths, and the owner applies for and receives a waiver which shall bepresented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the currentcalendar year and of any calendar year within two years of such calendaryear, which have an odometer reading of less than six thousand miles at thetime of original sale by a motor vehicle manufacturer or licensed motorvehicle dealer to the first user;
(7) Historic motor vehicles registered pursuant to section 301.131,RSMo;
(8) School buses;
(9) Heavy-duty diesel-powered vehicles with a gross vehicle weightrating in excess of eight thousand five hundred pounds;
(10) New motor vehicles that have not been previously titled andregistered, for the four-year period following their model year ofmanufacture, provided the odometer reading for such motor vehicles areunder forty thousand miles at their first required biennial safetyinspection conducted under sections 307.350 to 307.390, RSMo; otherwisesuch motor vehicles shall be subject to the emissions inspectionrequirements of subsection 1 of this section during the same period thatthe biennial safety inspection is conducted; and
(11) Motor vehicles that are driven fewer than twelve thousand milesbetween biennial safety inspections.
3. The commission may, by rule, allow inspection reciprocity withother states having equivalent or more stringent testing and waiverrequirements than those established pursuant to sections 643.300 to643.355.
4. (1) At the time of sale, a licensed motor vehicle dealer, asdefined in section 301.550, RSMo, may choose to sell a motor vehiclesubject to the inspection requirements of sections 643.300 to 643.355either:
(a) With prior inspection and approval as provided in subdivision (2)of this subsection; or
(b) Without prior inspection and approval as provided in subdivision(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspectionand approval, the dealer shall disclose, in writing, prior to sale, whetherthe vehicle obtained approval by meeting the emissions standardsestablished pursuant to sections 643.300 to 643.355 or by obtaining awaiver pursuant to section 643.335. A vehicle sold pursuant to thissubdivision by a licensed motor vehicle dealer shall be inspected andapproved within the one hundred twenty days immediately preceding the dateof sale, and, for the purpose of registration of such vehicle, suchinspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without priorinspection and approval, the purchaser may return the vehicle within tendays of the date of purchase, provided that the vehicle has no more thanone thousand additional miles since the time of sale, if the vehicle fails,upon inspection, to meet the emissions standards specified by thecommission and the dealer shall have the vehicle inspected and approvedwithout the option for a waiver of the emissions standard and return thevehicle to the purchaser with a valid emissions certificate and stickerwithin five working days or the purchaser and dealer may enter into anyother mutually acceptable agreement. If the dealer chooses to sell thevehicle without prior inspection and approval, the dealer shall discloseconspicuously on the sales contract and bill of sale that the purchaser hasthe option to return the vehicle within ten days, provided that the vehiclehas no more than one thousand additional miles since the time of sale, tohave the dealer repair the vehicle and provide an emissions certificate andsticker within five working days if the vehicle fails, upon inspection, tomeet the emissions standards established by the commission, or enter intoany mutually acceptable agreement with the dealer. A violation of thissubdivision shall be an unlawful practice as defined in section 407.020,RSMo. No emissions inspection shall be required pursuant to sections643.300 to 643.360 for the sale of any motor vehicle which may be soldwithout a certificate of inspection and approval, as provided pursuant tosubsection 2 of section 307.380, RSMo.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2001 S.B. 435, A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201 and H.B. 1489, A.L. 2006 S.B. 583)
Motor vehicles subject to program, when, evidence of inspection andapproval--exceptions--reciprocity with other states--dealerinspection, return of motor vehicle for failing inspection,options, violation.
643.315. 1. Except as provided in sections 643.300 to 643.355, allmotor vehicles which are domiciled, registered or primarily operated in anarea for which the commission has established a motor vehicle emissionsinspection program pursuant to sections 643.300 to 643.355 shall beinspected and approved prior to sale or transfer; provided that, if suchvehicle is inspected and approved prior to sale or transfer, such vehicleshall not be subject to another emissions inspection for ninety days afterthe date of sale or transfer of such vehicle. In addition, any suchvehicle manufactured as an even-numbered model year vehicle shall beinspected and approved under the emissions inspection program establishedpursuant to sections 643.300 to 643.355 in each even-numbered calendar yearand any such vehicle manufactured as an odd-numbered model year vehicleshall be inspected and approved under the emissions inspection programestablished pursuant to sections 643.300 to 643.355 in each odd-numberedcalendar year. All motor vehicles subject to the inspection requirementsof sections 643.300 to 643.355 shall display a valid emissions inspectionsticker, and when applicable, a valid emissions inspection certificateshall be presented at the time of registration or registration renewal ofsuch motor vehicle. The department of revenue shall require evidence ofthe safety and emission inspection and approval required by this section inissuing the motor vehicle annual registration in conformity with theprocedure required by sections 307.350 to 307.390, RSMo, and sections643.300 to 643.355. The director of revenue may verify that a successfulsafety and emissions inspection was completed via electronic means.
2. The inspection requirement of subsection 1 of this section shallapply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight ratingin excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted fromthe motor vehicle emissions inspection under federal regulation andapproved by the commission by rule;
(3) Model year vehicles manufactured prior to 1996;
(4) Vehicles which are powered exclusively by electric or hydrogenpower or by fuels other than gasoline which are exempted from the motorvehicle emissions inspection under federal regulation and approved by thecommission by rule;
(5) Motor vehicles registered in an area subject to the inspectionrequirements of sections 643.300 to 643.355 which are domiciled andoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355, but only if the owner of suchvehicle presents to the department an affidavit that the vehicle will beoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355 for the next twenty-fourmonths, and the owner applies for and receives a waiver which shall bepresented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the currentcalendar year and of any calendar year within two years of such calendaryear, which have an odometer reading of less than six thousand miles at thetime of original sale by a motor vehicle manufacturer or licensed motorvehicle dealer to the first user;
(7) Historic motor vehicles registered pursuant to section 301.131,RSMo;
(8) School buses;
(9) Heavy-duty diesel-powered vehicles with a gross vehicle weightrating in excess of eight thousand five hundred pounds;
(10) New motor vehicles that have not been previously titled andregistered, for the four-year period following their model year ofmanufacture, provided the odometer reading for such motor vehicles areunder forty thousand miles at their first required biennial safetyinspection conducted under sections 307.350 to 307.390, RSMo; otherwisesuch motor vehicles shall be subject to the emissions inspectionrequirements of subsection 1 of this section during the same period thatthe biennial safety inspection is conducted; and
(11) Motor vehicles that are driven fewer than twelve thousand milesbetween biennial safety inspections.
3. The commission may, by rule, allow inspection reciprocity withother states having equivalent or more stringent testing and waiverrequirements than those established pursuant to sections 643.300 to643.355.
4. (1) At the time of sale, a licensed motor vehicle dealer, asdefined in section 301.550, RSMo, may choose to sell a motor vehiclesubject to the inspection requirements of sections 643.300 to 643.355either:
(a) With prior inspection and approval as provided in subdivision (2)of this subsection; or
(b) Without prior inspection and approval as provided in subdivision(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspectionand approval, the dealer shall disclose, in writing, prior to sale, whetherthe vehicle obtained approval by meeting the emissions standardsestablished pursuant to sections 643.300 to 643.355 or by obtaining awaiver pursuant to section 643.335. A vehicle sold pursuant to thissubdivision by a licensed motor vehicle dealer shall be inspected andapproved within the one hundred twenty days immediately preceding the dateof sale, and, for the purpose of registration of such vehicle, suchinspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without priorinspection and approval, the purchaser may return the vehicle within tendays of the date of purchase, provided that the vehicle has no more thanone thousand additional miles since the time of sale, if the vehicle fails,upon inspection, to meet the emissions standards specified by thecommission and the dealer shall have the vehicle inspected and approvedwithout the option for a waiver of the emissions standard and return thevehicle to the purchaser with a valid emissions certificate and stickerwithin five working days or the purchaser and dealer may enter into anyother mutually acceptable agreement. If the dealer chooses to sell thevehicle without prior inspection and approval, the dealer shall discloseconspicuously on the sales contract and bill of sale that the purchaser hasthe option to return the vehicle within ten days, provided that the vehiclehas no more than one thousand additional miles since the time of sale, tohave the dealer repair the vehicle and provide an emissions certificate andsticker within five working days if the vehicle fails, upon inspection, tomeet the emissions standards established by the commission, or enter intoany mutually acceptable agreement with the dealer. A violation of thissubdivision shall be an unlawful practice as defined in section 407.020,RSMo. No emissions inspection shall be required pursuant to sections643.300 to 643.360 for the sale of any motor vehicle which may be soldwithout a certificate of inspection and approval, as provided pursuant tosubsection 2 of section 307.380, RSMo.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2001 S.B. 435, A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201 and H.B. 1489, A.L. 2006 S.B. 583)
Motor vehicles subject to program, when, evidence of inspection andapproval--exceptions--reciprocity with other states--dealerinspection, return of motor vehicle for failing inspection,options, violation.
643.315. 1. Except as provided in sections 643.300 to 643.355, allmotor vehicles which are domiciled, registered or primarily operated in anarea for which the commission has established a motor vehicle emissionsinspection program pursuant to sections 643.300 to 643.355 shall beinspected and approved prior to sale or transfer; provided that, if suchvehicle is inspected and approved prior to sale or transfer, such vehicleshall not be subject to another emissions inspection for ninety days afterthe date of sale or transfer of such vehicle. In addition, any suchvehicle manufactured as an even-numbered model year vehicle shall beinspected and approved under the emissions inspection program establishedpursuant to sections 643.300 to 643.355 in each even-numbered calendar yearand any such vehicle manufactured as an odd-numbered model year vehicleshall be inspected and approved under the emissions inspection programestablished pursuant to sections 643.300 to 643.355 in each odd-numberedcalendar year. All motor vehicles subject to the inspection requirementsof sections 643.300 to 643.355 shall display a valid emissions inspectionsticker, and when applicable, a valid emissions inspection certificateshall be presented at the time of registration or registration renewal ofsuch motor vehicle. The department of revenue shall require evidence ofthe safety and emission inspection and approval required by this section inissuing the motor vehicle annual registration in conformity with theprocedure required by sections 307.350 to 307.390, RSMo, and sections643.300 to 643.355. The director of revenue may verify that a successfulsafety and emissions inspection was completed via electronic means.
2. The inspection requirement of subsection 1 of this section shallapply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight ratingin excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted fromthe motor vehicle emissions inspection under federal regulation andapproved by the commission by rule;
(3) Model year vehicles manufactured prior to 1996;
(4) Vehicles which are powered exclusively by electric or hydrogenpower or by fuels other than gasoline which are exempted from the motorvehicle emissions inspection under federal regulation and approved by thecommission by rule;
(5) Motor vehicles registered in an area subject to the inspectionrequirements of sections 643.300 to 643.355 which are domiciled andoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355, but only if the owner of suchvehicle presents to the department an affidavit that the vehicle will beoperated exclusively in an area of the state not subject to the inspectionrequirements of sections 643.300 to 643.355 for the next twenty-fourmonths, and the owner applies for and receives a waiver which shall bepresented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the currentcalendar year and of any calendar year within two years of such calendaryear, which have an odometer reading of less than six thousand miles at thetime of original sale by a motor vehicle manufacturer or licensed motorvehicle dealer to the first user;
(7) Historic motor vehicles registered pursuant to section 301.131,RSMo;
(8) School buses;
(9) Heavy-duty diesel-powered vehicles with a gross vehicle weightrating in excess of eight thousand five hundred pounds;
(10) New motor vehicles that have not been previously titled andregistered, for the four-year period following their model year ofmanufacture, provided the odometer reading for such motor vehicles areunder forty thousand miles at their first required biennial safetyinspection conducted under sections 307.350 to 307.390, RSMo; otherwisesuch motor vehicles shall be subject to the emissions inspectionrequirements of subsection 1 of this section during the same period thatthe biennial safety inspection is conducted; and
(11) Motor vehicles that are driven fewer than twelve thousand milesbetween biennial safety inspections.
3. The commission may, by rule, allow inspection reciprocity withother states having equivalent or more stringent testing and waiverrequirements than those established pursuant to sections 643.300 to643.355.
4. (1) At the time of sale, a licensed motor vehicle dealer, asdefined in section 301.550, RSMo, may choose to sell a motor vehiclesubject to the inspection requirements of sections 643.300 to 643.355either:
(a) With prior inspection and approval as provided in subdivision (2)of this subsection; or
(b) Without prior inspection and approval as provided in subdivision(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspectionand approval, the dealer shall disclose, in writing, prior to sale, whetherthe vehicle obtained approval by meeting the emissions standardsestablished pursuant to sections 643.300 to 643.355 or by obtaining awaiver pursuant to section 643.335. A vehicle sold pursuant to thissubdivision by a licensed motor vehicle dealer shall be inspected andapproved within the one hundred twenty days immediately preceding the dateof sale, and, for the purpose of registration of such vehicle, suchinspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without priorinspection and approval, the purchaser may return the vehicle within tendays of the date of purchase, provided that the vehicle has no more thanone thousand additional miles since the time of sale, if the vehicle fails,upon inspection, to meet the emissions standards specified by thecommission and the dealer shall have the vehicle inspected and approvedwithout the option for a waiver of the emissions standard and return thevehicle to the purchaser with a valid emissions certificate and stickerwithin five working days or the purchaser and dealer may enter into anyother mutually acceptable agreement. If the dealer chooses to sell thevehicle without prior inspection and approval, the dealer shall discloseconspicuously on the sales contract and bill of sale that the purchaser hasthe option to return the vehicle within ten days, provided that the vehiclehas no more than one thousand additional miles since the time of sale, tohave the dealer repair the vehicle and provide an emissions certificate andsticker within five working days if the vehicle fails, upon inspection, tomeet the emissions standards established by the commission, or enter intoany mutually acceptable agreement with the dealer. A violation of thissubdivision shall be an unlawful practice as defined in section 407.020,RSMo. No emissions inspection shall be required pursuant to sections643.300 to 643.360 for the sale of any motor vehicle which may be soldwithout a certificate of inspection and approval, as provided pursuant tosubsection 2 of section 307.380, RSMo.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2001 S.B. 435, A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201 and H.B. 1489, A.L. 2006 S.B. 583)
