                                 CODE OF VIRGINIA

BOARD TO ADOPT REGULATIONS; EXEMPTION OF CERTAIN MOTOR VEHICLES (§ 46.2-1180)

A. The Board is authorized to adopt such regulations for purposes of
implementation, administration, and regulation as may be necessary to carry out
the provisions of this article. Such regulations shall include but not
necessarily be limited to requirements for the following:

   1. The collection of data and maintenance of records of emissions inspection
   test results and vehicle repairs under this article and the inspection results
   of the air pollution control systems or devices in accordance with &#xA7;
   46.2-1048 and regulations of the Board.

   2. The calibration of emissions testing equipment by emissions inspection
   stations to ensure conformance with the standards adopted by the Board.

   3. The establishment of appropriate referee stations.

   4. The permitting of emissions inspection stations and fleet emissions
   inspection stations and the licensing of emissions inspectors, including the
   suspension or revocation of such permit or license.

   5. The protection of consumer interests in accordance with regulations of the
   Board concerning, but not limited to: (i) the number of inspection facilities
   and inspection lanes relative to population density, (ii) the proximity of
   inspection facilities to motor vehicle owners, (iii) the time spent waiting
   for inspections, and (iv) the days and hours of operation of inspection
   facilities.

   6. The prohibition of any manufacturer or distributor of emissions testing
   equipment from directly or indirectly owning or operating any emissions
   testing facility or having any direct or indirect financial interest in any
   such facility other than the leasing of or providing financing for equipment
   related to emissions testing.

   7. The certification of motor vehicle emissions repair technicians and
   emissions repair facilities, including the suspension or revocation of such
   certification. The regulations shall apply to emissions repair technicians and
   emissions repair facilities that conduct emissions-related repairs for
   vehicles that have failed a motor vehicle emissions test according to
   regulations adopted by the Board.
   				The Director shall administer these regulations and seek compliance with
   conditions of any contractual arrangements which the Commonwealth may make for
   inspection services related to air pollution control and may include entering
   into an agreement with a program coordinator to implement provisions of this
   subsection.

B. Motor vehicles being titled for the first time may be registered for up to
four years without being subject to an emissions inspection, and the four
immediately preceding model years being held in a motor vehicle dealer&#8217;s
inventory for resale may be registered in the localities mentioned in subsection
C of &#xA7; 46.2-1178 for up to one year without being subject to an emissions
inspection, provided that the dealer states in writing that the emissions
equipment on the motor vehicle was operating in accordance with the
manufacturer&#8217;s or distributor&#8217;s warranty at the time of resale.

C. No motor vehicle for which the Board has not adopted emissions inspection
standards shall be subject to an emissions inspection.

D. The Director may enter into bilateral agreements with other states providing
for assistance in enforcing each state&#8217;s statutes and regulations relating
to motor vehicle emissions and motor vehicle emissions programs as to vehicles
registered in one state and operated in another. Subject to such bilateral
agreement, owners of motor vehicles registered in other states and operated in
Virginia shall be subject to the on-road testing provisions of &#xA7;
46.2-1178.1, and shall be notified of test results and assessment of civil
charges for noncompliance with emissions standards adopted by the Board. Such
notification shall also be provided to the appropriate motor vehicle agency in
the state of registration.

HISTORY: 1980, c. 469, § 46.1-326.6; 1982, c. 92; 1988, c. 806; 1989, c. 727;
1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1994, c. 838; 1995, cc. 836, 851;
1997, c. 559; 2006, c. 729; 2012, cc. 216, 824.