{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1187.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1187.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1187.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1187.2.html"}],"law_id":81352,"edition_id":1,"section_id":81352,"structure_id":13715,"section_number":"46.2-1187.2","catch_line":"Compelling compliance with regulations and order of Board; penalty","history":"1991, c. 531; 1995, cc. 836, 851.","full_text":"Any emissions inspection station owner violating or failing, neglecting, or refusing to obey any regulation or order of the Board may be compelled to comply by injunction, mandamus, or other appropriate remedy.\n\t\tWithout limiting the remedies which may be obtained under the foregoing provisions of this section, any emissions inspection station owner violating or failing, neglecting, or refusing to obey any regulation or order of the Board or any provision of this article, shall, in the discretion of the court, be subject to a civil penalty of no more than $25,000 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the emissions inspection station owner’s business, the severity of the economic impact of the penalty on that business, and the seriousness of the violation. Such civil penalties may, in the discretion of the court, be directed to be paid into the treasury of the county, city, or town in which the violation occurred to be used to abate environmental pollution in whatever manner the court, by order, may direct. However, where the emissions inspection station owner is the county, city, or town or an agent thereof, the court shall direct the penalty to be paid into the state treasury.\n\t\tWith the consent of the emissions inspection station owner who has violated or failed, neglected, or refused to obey any regulation or order of the Board or any provision of this article, the Board may, in any order issued by the Board against such owner, provide for the payment of civil charges in specific sums, not to exceed the limit in the foregoing provisions of this section. Such civil charges shall be in lieu of any civil penalty which could be imposed under the foregoing provisions of this section.\n\t\tAny penalty provided for in this section to which an emissions inspection station owner is subject shall apply to any emissions inspector or certified emissions repair mechanic employed by or at that station.\n\t\tAs to emissions inspection station owners, emissions inspectors, and certified emissions repair mechanics, minor violations as set forth in Board regulations may be punishable by letters of reprimand from the Department. Major violations as set forth in Board regulations may be punishable by probation, suspension and\/or license or certificate revocation, depending on the nature and type of violation. Civil penalties may be imposed only for major types of violations.\n\t\tThe Board shall provide by regulation a process whereby emissions inspection station owners, emissions inspectors and certified emissions repair mechanics may appeal penalties for violations. Such regulations regarding the process to appeal penalties for violations shall provide that the appeal process shall be handled by a person other than the Program Manager for the applicable emissions program or one of his regional employees.","order_by":null,"text":{"0":{"id":291572,"text":"Any emissions inspection station owner violating or failing, neglecting, or refusing to obey any regulation or order of the Board may be compelled to comply by injunction, mandamus, or other appropriate remedy.\n\t\tWithout limiting the remedies which may be obtained under the foregoing provisions of this section, any emissions inspection station owner violating or failing, neglecting, or refusing to obey any regulation or order of the Board or any provision of this article, shall, in the discretion of the court, be subject to a civil penalty of no more than $25,000 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the emissions inspection station owner’s business, the severity of the economic impact of the penalty on that business, and the seriousness of the violation. Such civil penalties may, in the discretion of the court, be directed to be paid into the treasury of the county, city, or town in which the violation occurred to be used to abate environmental pollution in whatever manner the court, by order, may direct. However, where the emissions inspection station owner is the county, city, or town or an agent thereof, the court shall direct the penalty to be paid into the state treasury.\n\t\tWith the consent of the emissions inspection station owner who has violated or failed, neglected, or refused to obey any regulation or order of the Board or any provision of this article, the Board may, in any order issued by the Board against such owner, provide for the payment of civil charges in specific sums, not to exceed the limit in the foregoing provisions of this section. Such civil charges shall be in lieu of any civil penalty which could be imposed under the foregoing provisions of this section.\n\t\tAny penalty provided for in this section to which an emissions inspection station owner is subject shall apply to any emissions inspector or certified emissions repair mechanic employed by or at that station.\n\t\tAs to emissions inspection station owners, emissions inspectors, and certified emissions repair mechanics, minor violations as set forth in Board regulations may be punishable by letters of reprimand from the Department. Major violations as set forth in Board regulations may be punishable by probation, suspension and\/or license or certificate revocation, depending on the nature and type of violation. Civil penalties may be imposed only for major types of violations.\n\t\tThe Board shall provide by regulation a process whereby emissions inspection station owners, emissions inspectors and certified emissions repair mechanics may appeal penalties for violations. Such regulations regarding the process to appeal penalties for violations shall provide that the appeal process shall be handled by a person other than the Program Manager for the applicable emissions program or one of his regional employees.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1187.2\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 531 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. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1995, chapters 836<\/a> and 851<\/a>.<\/p>","references":[{"id":59835,"section_number":"46.2-1179.1","catch_line":"Board to adopt clean alternative fuel fleet standards for motor vehicles; penalty","order_by":null,"url":"\/46.2-1179.1\/"},{"id":76588,"section_number":"46.2-1185","catch_line":"Investigation of inspection stations; revocation or suspension of permits for emissions inspection stations","order_by":null,"url":"\/46.2-1185\/"}],"refers_to":false,"permalink":{"id":229351,"object_type":"law","relational_id":81352,"identifier":"46.2-1187.2","token":"46.2\/III\/10\/22\/46.2-1187.2","url":"\/46.2-1187.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1187.2\/","token":"46.2\/III\/10\/22\/46.2-1187.2","dublin_core":{"Title":"Compelling compliance with regulations and order of Board; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1187.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any emissions inspection station<\/span> owner<\/span> violating or failing, neglecting, or refusing to obey any regulation or order<\/span> of the Board<\/span> may be compelled to comply by injunction<\/span>, mandamus, or other appropriate remedy.\n\t\tWithout limiting the remedies which may be obtained under the foregoing provisions of this section, any emissions inspection station<\/span> owner<\/span> violating or failing, neglecting, or refusing to obey any regulation or order<\/span> of the Board<\/span> or any provision of this article, shall, in the discretion of the court<\/span>, be subject to a civil penalty<\/span> of no more than $25,000 for each violation. Each day of violation shall constitute a separate offense<\/span>. In determining the amount of any civil penalty<\/span> to be assessed, the court<\/span> shall consider, in addition to such other factors as it may deem appropriate, the size of the emissions inspection station<\/span> owner<\/span>’s business, the severity of the economic impact of the penalty<\/span> on that business, and the seriousness of the violation. Such civil penalties may, in the discretion of the court<\/span>, be directed to be paid into the treasury of the county, city, or town in which the violation occurred to be used to abate environmental pollution in whatever manner the court<\/span>, by order<\/span>, may direct. However, where the emissions inspection station<\/span> owner<\/span> is the county, city, or town or an agent<\/span> thereof, the court<\/span> shall direct the penalty<\/span> to be paid into the state treasury.\n\t\tWith the consent of the emissions inspection station<\/span> owner<\/span> who has violated or failed, neglected, or refused to obey any regulation or order<\/span> of the Board<\/span> or any provision of this article, the Board<\/span> may, in any order<\/span> issued by the Board<\/span> against such owner<\/span>, provide for the payment of civil charges in specific sums, not to exceed the limit in the foregoing provisions of this section. Such civil charges shall be in lieu of any civil penalty<\/span> which could be imposed under the foregoing provisions of this section.\n\t\tAny penalty<\/span> provided for in this section to which an emissions inspection station<\/span> owner<\/span> is subject shall apply to any emissions inspector or certified emissions repair mechanic employed by or at that station.\n\t\tAs to emissions inspection station<\/span> owners<\/span>, emissions inspectors, and certified emissions repair mechanics, minor<\/span> violations as set forth in Board<\/span> regulations may be punishable by letters of reprimand from the Department<\/span>. Major violations as set forth in Board<\/span> regulations may be punishable by probation<\/span>, suspension<\/span> and\/or license or certificate revocation<\/span>, depending on the nature and type of violation. Civil penalties may be imposed only for major types of violations.\n\t\tThe Board<\/span> shall provide by regulation a process whereby emissions inspection station<\/span> owners<\/span>, emissions inspectors and certified emissions repair mechanics may appeal<\/span> penalties for violations. Such regulations regarding the process to appeal<\/span> penalties for violations shall provide that the appeal<\/span> process shall be handled by a person other than the Program Manager for the applicable emissions program or one of his regional employees.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPELLING COMPLIANCE WITH REGULATIONS AND ORDER OF BOARD; PENALTY (\u00a7\n46.2-1187.2)\n\nAny emissions inspection station owner violating or failing, neglecting, or\nrefusing to obey any regulation or order of the Board may be compelled to comply\nby injunction, mandamus, or other appropriate remedy.\n\t\tWithout limiting the remedies which may be obtained under the foregoing\nprovisions of this section, any emissions inspection station owner violating or\nfailing, neglecting, or refusing to obey any regulation or order of the Board or\nany provision of this article, shall, in the discretion of the court, be subject\nto a civil penalty of no more than $25,000 for each violation. Each day of\nviolation shall constitute a separate offense. In determining the amount of any\ncivil penalty to be assessed, the court shall consider, in addition to such\nother factors as it may deem appropriate, the size of the emissions inspection\nstation owner’s business, the severity of the economic impact of the\npenalty on that business, and the seriousness of the violation. Such civil\npenalties may, in the discretion of the court, be directed to be paid into the\ntreasury of the county, city, or town in which the violation occurred to be used\nto abate environmental pollution in whatever manner the court, by order, may\ndirect. However, where the emissions inspection station owner is the county,\ncity, or town or an agent thereof, the court shall direct the penalty to be paid\ninto the state treasury.\n\t\tWith the consent of the emissions inspection station owner who has violated or\nfailed, neglected, or refused to obey any regulation or order of the Board or\nany provision of this article, the Board may, in any order issued by the Board\nagainst such owner, provide for the payment of civil charges in specific sums,\nnot to exceed the limit in the foregoing provisions of this section. Such civil\ncharges shall be in lieu of any civil penalty which could be imposed under the\nforegoing provisions of this section.\n\t\tAny penalty provided for in this section to which an emissions inspection\nstation owner is subject shall apply to any emissions inspector or certified\nemissions repair mechanic employed by or at that station.\n\t\tAs to emissions inspection station owners, emissions inspectors, and certified\nemissions repair mechanics, minor violations as set forth in Board regulations\nmay be punishable by letters of reprimand from the Department. Major violations\nas set forth in Board regulations may be punishable by probation, suspension\nand\/or license or certificate revocation, depending on the nature and type of\nviolation. Civil penalties may be imposed only for major types of violations.\n\t\tThe Board shall provide by regulation a process whereby emissions inspection\nstation owners, emissions inspectors and certified emissions repair mechanics\nmay appeal penalties for violations. Such regulations regarding the process to\nappeal penalties for violations shall provide that the appeal process shall be\nhandled by a person other than the Program Manager for the applicable emissions\nprogram or one of his regional employees.\n\nHISTORY: 1991, c. 531; 1995, cc. 836, 851.","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}}