1997 Minnesota Statutes

     116.62 Motor vehicle inspection program. 

    Subdivision 1.    Establishment.  The agency shall 
 establish and administer a program to test and inspect for air 
 pollution emissions the motor vehicles that are subject to the 
 requirement of section 116.61.  

    Subd. 2.    Criteria and standards.  (a) The agency 
 shall adopt rules for the program under chapter 14 establishing 
 standards and criteria governing the testing and inspection of 
 motor vehicles for air pollution emissions. 

    (b) The rules must specify maximum pollutant emission 
 levels for motor vehicles, giving consideration to the levels of 
 emissions necessary to achieve applicable federal and state air 
 quality standards.  The standards may be different for different 
 model years, sizes, and types of motor vehicles. 

    (c) The rules must establish testing procedures and 
 standards for test equipment used for the inspection.  The test 
 procedures or procedures producing comparable results must be 
 available to the automobile pollution equipment repair 
 industry.  The test equipment used for the inspection or 
 comparable equipment must be available to the repair industry on 
 the open market. 

    (d) The rules must establish standards and procedures for 
 the issuance of licenses for fleet inspection stations. 

    (e) The rules must establish standards and procedures for 
 the issuance of certificates of compliance and waiver. 

    Subd. 3.    Public inspection stations; contract.  (a) 
 The program shall provide for the inspection of motor vehicles 
 at public inspection stations.  The number and location of the 
 stations must provide convenient public access. 

    (b) The agency shall contract with a private entity for the 
 design, construction, equipment, establishment, maintenance, and 
 operation of the public inspection stations and the provision of 
 related services and functions.  The contractor and its officers 
 and employees may not be engaged in the business of selling, 
 maintaining, or repairing motor vehicles or selling motor 
 vehicle replacement or repair parts, except that the contractor 
 may repair any motor vehicle owned or operated by the 
 contractor.  The contractor's employees are not employees of the 
 state for any purpose.  In evaluating contractors, the agency 
 shall consider the contractors' policies and standards on 
 working conditions of employees.  Contracts must require the 
 contractor to operate the public inspection stations for a 
 minimum of five years and may provide for equitable 
 compensation, from the vehicle emission inspection account 
 established by section 116.65, for capital costs and other 
 appropriate expenditures to the contractor, as determined by the 
 agency. 

    (c) A public inspection station shall inspect and reinspect 
 motor vehicles in accordance with the agency rules and 
 contract.  The inspection station shall issue a certificate of 
 compliance for a motor vehicle that has been inspected and 
 determined to comply with the standards and criteria of the 
 agency adopted under this section.  If a certificate of 
 compliance cannot be issued, the inspection station shall 
 provide a written inspection report describing the reasons for 
 rejection and, when appropriate, the repairs needed or likely to 
 be needed to bring the vehicle into compliance with the 
 standards and criteria. 

    (d) The agency shall develop a means of responding to 
 inquiries from members of the public about the current status of 
 a motor vehicle under the program, including the last date of 
 inspection, certification of compliance, and the terms under 
 which a certificate of waiver has been issued.  The agency shall 
 ensure in its public information program that the public is 
 aware of this service.  The agency may contract for the 
 provision of this service. 

    Subd. 4.    Fleet inspection stations; license.  (a) The 
 program shall provide for the licensing of fleet inspection 
 stations by the agency.  The license must be issued by the 
 agency, upon payment of a licensing fee in a manner and an 
 amount prescribed by the agency, when the agency determines that 
 an applicant satisfies the requirements of this section and 
 agency rules.  

    (b) Owners of a fleet of 50 or more motor vehicles may 
 apply for a fleet inspection station license.  Two or more 
 persons each owning 25 or more motor vehicles may apply jointly 
 for a fleet inspection station license. 

    (c) A licensee shall have the facilities, equipment, and 
 personnel to competently perform the inspections required by 
 sections 116.60 to 116.65 and the rules of the agency.  A 
 licensee shall provide for the inspection of each fleet vehicle 
 in accordance with the requirements of section 116.61 and before 
 registration of the vehicle shall indicate in a manner 
 prescribed by the agency whether the vehicle complies with the 
 emission standards of the agency. 

    (d) A fleet inspection station license authorizes and 
 obligates the licensee to perform inspections only on motor 
 vehicles owned or operated exclusively by the fleet licensee.  

    (e) A licensee shall maintain records of all inspections in 
 a manner prescribed by the agency and shall make the records 
 available for inspection by authorized representatives of the 
 agency during normal business hours. 

    (f) To ensure compliance, the agency may require fleet 
 licensees to submit motor vehicles designated by the agency 
 numbering five percent or five motor vehicles, whichever is 
 larger, but no more than 25 vehicles, to annual inspection at 
 public inspection stations. 

    Subd. 5.    Certificates of waiver.  (a) A certificate 
 of waiver, valid for one year, must be issued for a motor 
 vehicle following inspection if: 

    (1) a low emissions adjustment has been performed on the 
 vehicle, following inspection and within 90 days prior to the 
 renewal of registration, and 

    (2) either the estimated cost of repairs and adjustments 
 necessary to bring the vehicle into compliance with emissions 
 standards or the actual cost of repairs already performed on a 
 vehicle in accordance with the inspection report under 
 subdivision 3 exceeds the repair cost limit. 

    (b) The following costs may not be considered in 
 determining eligibility for waiver under paragraph (a):  costs 
 for repairs made under warranty and costs necessary to repair or 
 replace any emission control equipment that has been removed, 
 dismantled, tampered with, misfueled, or otherwise rendered 
 inoperative in violation of section 325E.0951. 

    (c) The repair cost limit is $75 for vehicles manufactured 
 before the 1981 model year, and $200 for vehicles manufactured 
 in the 1981 model year and after. 

    (d) A temporary certificate of waiver, valid for not more 
 than 30 days, may be issued to a vehicle to allow time for 
 inspection and necessary repairs and adjustments. 

    Subd. 5a.    Temporary registration.  The commissioner, 
 in consultation with the commissioner of public safety, shall 
 adopt a procedure for granting temporary registrations to 
 persons whose vehicle registrations have expired or will shortly 
 expire.  Upon request of the vehicle owner, the commissioner 
 shall issue a letter of temporary registration, valid for one 
 day, that allows the owner to drive to an inspection station to 
 have the vehicle inspected. 

    Subd. 6.    Federal grants.  The agency shall apply for 
 and accept on behalf of the state any funds made available by 
 the federal government or by any other sources for motor vehicle 
 pollution control programs. 

    Subd. 7.    Studies; data collections; annual report.  
 The agency shall collect data and undertake studies necessary to 
 evaluate the cost, effectiveness, and benefits of the motor 
 vehicle inspection program.  The agency shall compile data on 
 failure rate, compliance rate, the number of certificates 
 issued, and other similar matters.  The agency shall report on 
 the operation of the motor vehicle inspection program to the 
 legislature by January 1, 1992, and every two years thereafter. 

    Subd. 8.    Public information; training.  The agency 
 shall design, prepare, and implement a public information 
 program for the motor vehicle inspection program, in cooperation 
 with the department and the contractor under section 116.62, 
 subdivision 3.  The program must include material for 
 distribution, presentations, mass media releases, and other 
 appropriate material.  

    Subd. 9.    Advertising by contractor.  Any 
 advertisement or promotional material relating to the motor 
 vehicle inspection program that is paid for by the contractor 
 selected under subdivision 3 must clearly display a disclaimer 
 stating that the advertisement or promotional material was not 
 paid for by the state.  

    HIST: 1988 c 661 s 3; 1995 c 204 s 3,4