{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1178.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1178.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1178.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1178.1.html"}],"law_id":79941,"edition_id":1,"section_id":79941,"structure_id":13715,"section_number":"46.2-1178.1","catch_line":"On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges","history":"1995, cc. 836, 851; 1996, cc. 35, 100; 2002, c. 710; 2012, cc. 216, 824.","full_text":"A\n\nThe emissions inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178 shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board shall promulgate regulations establishing on-road testing and on-road clean screen program requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws and regulations, random testing of motor vehicle emissions, procedures to notify owners of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board, and standards for operating the on-road clean screen program, including provisions for the suspension or revocation of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board.B\n\nIf an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).C\n\nCivil charges assessed pursuant to this section shall be waived by the Board if, within 30 calendar days of notice of the violation, the vehicle’s owner provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178, (ii) qualifies for an emissions inspection waiver as provided in § 46.2-1181, or (iii) has qualified for an emissions inspection waiver as provided in § 46.2-1181 within the 12 months prior to the violation.D\n\nCivil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2.E\n\nIf the on-road clean screen program indicates that a motor vehicle does not exceed emissions standards adopted by the Board for on-road testing pursuant to § 46.2-1179, then such testing may be considered proof of compliance for the purposes of § 46.2-1183 and may be considered to satisfy the requirements of § 46.2-1177 for a biennial inspection. The Board shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183.","order_by":null,"text":{"0":{"id":286310,"text":"The emissions inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178 shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board shall promulgate regulations establishing on-road testing and on-road clean screen program requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws and regulations, random testing of motor vehicle emissions, procedures to notify owners of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board, and standards for operating the on-road clean screen program, including provisions for the suspension or revocation of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286311,"text":"If an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286312,"text":"Civil charges assessed pursuant to this section shall be waived by the Board if, within 30 calendar days of notice of the violation, the vehicle’s owner provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178, (ii) qualifies for an emissions inspection waiver as provided in § 46.2-1181, or (iii) has qualified for an emissions inspection waiver as provided in § 46.2-1181 within the 12 months prior to the violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286313,"text":"Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286314,"text":"If the on-road clean screen program indicates that a motor vehicle does not exceed emissions standards adopted by the Board for on-road testing pursuant to § 46.2-1179, then such testing may be considered proof of compliance for the purposes of § 46.2-1183 and may be considered to satisfy the requirements of § 46.2-1177 for a biennial inspection. The Board shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13715,"edition_id":1,"name":"Emissions Inspections","identifier":"22","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:45:38","date_modified":"2026-06-26 03:45:38","permalink":{"id":229269,"object_type":"structure","relational_id":13715,"identifier":"22","token":"46.2\/III\/10\/22","url":"\/46.2\/III\/10\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80818,"structure_id":13715,"section_number":"46.2-1176","catch_line":"Definitions","url":"\/46.2-1176\/","token":"46.2\/III\/10\/22\/46.2-1176","metadata":false},{"id":66550,"structure_id":13715,"section_number":"46.2-1177","catch_line":"Emissions inspection program","url":"\/46.2-1177\/","token":"46.2\/III\/10\/22\/46.2-1177","metadata":false},{"id":75375,"structure_id":13715,"section_number":"46.2-1177.1","catch_line":"Inspection program coordinator; agreement for services","url":"\/46.2-1177.1\/","token":"46.2\/III\/10\/22\/46.2-1177.1","metadata":false},{"id":54705,"structure_id":13715,"section_number":"46.2-1178","catch_line":"Administration and scope of emissions inspection program","url":"\/46.2-1178\/","token":"46.2\/III\/10\/22\/46.2-1178","metadata":false},{"id":79941,"structure_id":13715,"section_number":"46.2-1178.1","catch_line":"On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges","url":"\/46.2-1178.1\/","token":"46.2\/III\/10\/22\/46.2-1178.1","metadata":false},{"id":57522,"structure_id":13715,"section_number":"46.2-1178.2","catch_line":"Repair of certain vehicles not in compliance with standards established by the Board; payment of repairs from Vehicle Emissions Inspection Program Fund","url":"\/46.2-1178.2\/","token":"46.2\/III\/10\/22\/46.2-1178.2","metadata":false},{"id":69408,"structure_id":13715,"section_number":"46.2-1179","catch_line":"Board to adopt emissions standards","url":"\/46.2-1179\/","token":"46.2\/III\/10\/22\/46.2-1179","metadata":false},{"id":59835,"structure_id":13715,"section_number":"46.2-1179.1","catch_line":"Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty","url":"\/46.2-1179.1\/","token":"46.2\/III\/10\/22\/46.2-1179.1","metadata":false},{"id":81748,"structure_id":13715,"section_number":"46.2-1180","catch_line":"Board to adopt regulations; exemption of certain motor vehicles","url":"\/46.2-1180\/","token":"46.2\/III\/10\/22\/46.2-1180","metadata":false},{"id":83623,"structure_id":13715,"section_number":"46.2-1181","catch_line":"Emissions inspection; cost of repairs; waivers","url":"\/46.2-1181\/","token":"46.2\/III\/10\/22\/46.2-1181","metadata":false},{"id":73645,"structure_id":13715,"section_number":"46.2-1182","catch_line":"Emissions inspection fees; exemption","url":"\/46.2-1182\/","token":"46.2\/III\/10\/22\/46.2-1182","metadata":false},{"id":84408,"structure_id":13715,"section_number":"46.2-1182.1","catch_line":"Additional registration fee; exemption","url":"\/46.2-1182.1\/","token":"46.2\/III\/10\/22\/46.2-1182.1","metadata":false},{"id":78153,"structure_id":13715,"section_number":"46.2-1182.2","catch_line":"Vehicle Emissions Inspection Program Fund established; use of moneys","url":"\/46.2-1182.2\/","token":"46.2\/III\/10\/22\/46.2-1182.2","metadata":false},{"id":77524,"structure_id":13715,"section_number":"46.2-1183","catch_line":"Emissions inspection required prior to registration of certain vehicles; records","url":"\/46.2-1183\/","token":"46.2\/III\/10\/22\/46.2-1183","metadata":false},{"id":81664,"structure_id":13715,"section_number":"46.2-1183.1","catch_line":"Repealed","url":"\/46.2-1183.1\/","token":"46.2\/III\/10\/22\/46.2-1183.1","metadata":false},{"id":59028,"structure_id":13715,"section_number":"46.2-1184","catch_line":"Fleet emissions inspection stations","url":"\/46.2-1184\/","token":"46.2\/III\/10\/22\/46.2-1184","metadata":false},{"id":76588,"structure_id":13715,"section_number":"46.2-1185","catch_line":"Investigation of inspection stations; revocation or suspension of permits for emissions inspection stations","url":"\/46.2-1185\/","token":"46.2\/III\/10\/22\/46.2-1185","metadata":false},{"id":55680,"structure_id":13715,"section_number":"46.2-1186","catch_line":"False certificate","url":"\/46.2-1186\/","token":"46.2\/III\/10\/22\/46.2-1186","metadata":false},{"id":85990,"structure_id":13715,"section_number":"46.2-1187","catch_line":"Penalties","url":"\/46.2-1187\/","token":"46.2\/III\/10\/22\/46.2-1187","metadata":false},{"id":72583,"structure_id":13715,"section_number":"46.2-1187.1","catch_line":"Right of entry","url":"\/46.2-1187.1\/","token":"46.2\/III\/10\/22\/46.2-1187.1","metadata":false},{"id":81352,"structure_id":13715,"section_number":"46.2-1187.2","catch_line":"Compelling compliance with regulations and order of Board; penalty","url":"\/46.2-1187.2\/","token":"46.2\/III\/10\/22\/46.2-1187.2","metadata":false},{"id":78643,"structure_id":13715,"section_number":"46.2-1187.3","catch_line":"Vehicles used for investigations","url":"\/46.2-1187.3\/","token":"46.2\/III\/10\/22\/46.2-1187.3","metadata":false}],"previous_section":{"id":54705,"structure_id":13715,"section_number":"46.2-1178","catch_line":"Administration and scope of emissions inspection program","url":"\/46.2-1178\/","token":"46.2\/III\/10\/22\/46.2-1178","metadata":false},"next_section":{"id":57522,"structure_id":13715,"section_number":"46.2-1178.2","catch_line":"Repair of certain vehicles not in compliance with standards established by the Board; payment of repairs from Vehicle Emissions Inspection Program Fund","url":"\/46.2-1178.2\/","token":"46.2\/III\/10\/22\/46.2-1178.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1178.1\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 836<\/a> and 851<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapters 35<\/a> and 100<\/a>; in 2002, chapter 710<\/a>; in 2012, chapters 216<\/a> and 824<\/a>.<\/p>","references":[{"id":57522,"section_number":"46.2-1178.2","catch_line":"Repair of certain vehicles not in compliance with standards established by the Board; payment of repairs from Vehicle Emissions Inspection Program Fund","order_by":null,"url":"\/46.2-1178.2\/"},{"id":69408,"section_number":"46.2-1179","catch_line":"Board to adopt emissions standards","order_by":null,"url":"\/46.2-1179\/"},{"id":81748,"section_number":"46.2-1180","catch_line":"Board to adopt regulations; exemption of certain motor vehicles","order_by":null,"url":"\/46.2-1180\/"},{"id":77524,"section_number":"46.2-1183","catch_line":"Emissions inspection required prior to registration of certain vehicles; records","order_by":null,"url":"\/46.2-1183\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":66550,"section_number":"46.2-1177","catch_line":"Emissions inspection program","order_by":null,"url":"\/46.2-1177\/"},{"id":54705,"section_number":"46.2-1178","catch_line":"Administration and scope of emissions inspection program","order_by":null,"url":"\/46.2-1178\/"},{"id":69408,"section_number":"46.2-1179","catch_line":"Board to adopt emissions standards","order_by":null,"url":"\/46.2-1179\/"},{"id":83623,"section_number":"46.2-1181","catch_line":"Emissions inspection; cost of repairs; waivers","order_by":null,"url":"\/46.2-1181\/"},{"id":77524,"section_number":"46.2-1183","catch_line":"Emissions inspection required prior to registration of certain vehicles; records","order_by":null,"url":"\/46.2-1183\/"}],"permalink":{"id":229287,"object_type":"law","relational_id":79941,"identifier":"46.2-1178.1","token":"46.2\/III\/10\/22\/46.2-1178.1","url":"\/46.2-1178.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1178.1\/","token":"46.2\/III\/10\/22\/46.2-1178.1","dublin_core":{"Title":"On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1178.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The emissions inspection program authorized by § 46.2-1177<\/a> and provided for in § 46.2-1178<\/a> shall include on-road testing<\/span> of motor vehicle<\/span> emissions and an on-road clean screen program<\/span>. The Board<\/span> shall promulgate regulations establishing on-road testing<\/span> and on-road clean screen program<\/span> requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws<\/span> and regulations, random testing of motor vehicle<\/span> emissions, procedures to notify owners<\/span> of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board<\/span>, and standards for operating the on-road clean screen program<\/span>, including provisions for the suspension<\/span> or revocation<\/span> of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If an emissions test performed pursuant to this section indicates that a motor vehicle<\/span> does not meet emissions standards established by the Board<\/span>, the Board<\/span> may collect from the owner<\/span> of the vehicle a civil charge based on actual emissions. The Board<\/span> shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Civil charges assessed pursuant to this section shall be waived by the Board<\/span> if, within 30 calendar days of notice of the violation, the vehicle’s owner<\/span> provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178<\/a>, (ii) qualifies for an emissions inspection waiver<\/span> as provided in § 46.2-1181<\/a>, or (iii) has qualified for an emissions inspection waiver<\/span> as provided in § 46.2-1181<\/a> within the 12 months prior to the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the on-road clean screen program<\/span> indicates that a motor vehicle<\/span> does not exceed emissions standards adopted by the Board<\/span> for on-road testing<\/span> pursuant to § 46.2-1179<\/a>, then such testing may be considered proof of compliance for the purposes of § 46.2-1183<\/a> and may be considered to satisfy the requirements of § 46.2-1177<\/a> for a biennial inspection. The Board<\/span> shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nON-ROAD TESTING OF MOTOR VEHICLE EMISSIONS; AUTHORITY TO ADOPT REGULATIONS;\nCIVIL CHARGES (\u00a7 46.2-1178.1)\n\nA. The emissions inspection program authorized by § 46.2-1177 and provided\nfor in § 46.2-1178 shall include on-road testing of motor vehicle emissions\nand an on-road clean screen program. The Board shall promulgate regulations\nestablishing on-road testing and on-road clean screen program requirements\nincluding, but not limited to, collecting data and information necessary to\ncomply with or determine compliance with applicable laws and regulations, random\ntesting of motor vehicle emissions, procedures to notify owners of test results,\nassessment of civil charges for noncompliance with emissions standards adopted\nby the Board, and standards for operating the on-road clean screen program,\nincluding provisions for the suspension or revocation of any on-road emissions\ninspection program for failure to act in accordance with the provisions of this\narticle and regulations adopted by the Board.\n\nB. If an emissions test performed pursuant to this section indicates that a\nmotor vehicle does not meet emissions standards established by the Board, the\nBoard may collect from the owner of the vehicle a civil charge based on actual\nemissions. The Board shall establish a schedule of civil charges to be collected\npursuant to this section. Such civil penalties shall not exceed $450 using 1990\nas the base year and adjusted annually by the Consumer Price Index. The schedule\nof charges and their assessment shall be established by regulations promulgated\nto be in accordance with the provisions of the Administrative Process Act\n(§ 2.2-4000 et seq.).\n\nC. Civil charges assessed pursuant to this section shall be waived by the Board\nif, within 30 calendar days of notice of the violation, the vehicle’s\nowner provides proof that the vehicle (i) since the date of the violation, has\npassed a vehicle emissions test as provided in § 46.2-1178, (ii) qualifies\nfor an emissions inspection waiver as provided in § 46.2-1181, or (iii) has\nqualified for an emissions inspection waiver as provided in § 46.2-1181\nwithin the 12 months prior to the violation.\n\nD. Civil charges collected pursuant to this section shall be paid into the state\ntreasury and deposited by the State Treasurer into the Vehicle Emissions\nInspection Program Fund pursuant to § 46.2-1182.2.\n\nE. If the on-road clean screen program indicates that a motor vehicle does not\nexceed emissions standards adopted by the Board for on-road testing pursuant to\n§ 46.2-1179, then such testing may be considered proof of compliance for\nthe purposes of § 46.2-1183 and may be considered to satisfy the\nrequirements of § 46.2-1177 for a biennial inspection. The Board shall\nestablish criteria under which such testing shall satisfy the requirements of\n§ 46.2-1183.\n\nHISTORY: 1995, cc. 836, 851; 1996, cc. 35, 100; 2002, c. 710; 2012, cc. 216,\n824.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}