Arizona Laws 49-543. Emissions inspection costs; disposition; fleet inspection; certificates
A. The director shall fix, regulate and alter in accordance with this section the fees required to be paid for the full costs of the vehicle emissions inspection program pursuant to this article including administration, implementation and enforcement.
Terms Used In Arizona Laws 49-543
- Certificate of inspection: means a serially numbered device or symbol, as may be prescribed by the director, indicating that a vehicle has been inspected pursuant to the provisions of section 49-546 and has passed inspection. See Arizona Laws 49-541
- Certificate of waiver: means a uniquely numbered device or symbol, as may be prescribed by the director, indicating that the requirement of passing reinspection has been waived for a vehicle pursuant to the provisions of this article. See Arizona Laws 49-541
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- Fleet emissions inspection station: means any inspection facility operated under a permit issued to a qualified fleet owner or lessee as determined by the director. See Arizona Laws 49-541
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Independent contractor: means any person, business, firm, partnership or corporation with which the director may enter into an agreement providing for the construction, equipment, maintenance, personnel, management and operation of official emissions inspection stations pursuant to section 49-545. See Arizona Laws 49-541
- Official emissions inspection station: means an inspection facility, other than a fleet emissions inspection station, whether placed in a permanent structure or in a mobile unit for conveyance among various locations within this state, for the purpose of conducting emissions inspections of all vehicles required to be inspected pursuant to this article. See Arizona Laws 49-541
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Tampering: means removing, defeating or altering an emissions control device which was installed at the time a vehicle was manufactured. See Arizona Laws 49-541
- Vehicle: means any automobile, truck, truck tractor, motor bus or self-propelled or motor-driven vehicle registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, road rollers or road machinery temporarily operated upon the highway. See Arizona Laws 49-541
B. Except as provided in Section 49-542.05, the registration renewal notice required for the second through fifth registration year of a new vehicle shall include a notice to the vehicle owner that even though an emissions inspection test is not required pursuant to section 49-542, subsection J, paragraph 2, subdivision (d) the owner may choose to have an emissions inspection because of vehicle emissions performance warranty limitations on emissions components of the vehicle.
C. The fees charged for official emissions inspection shall be uniform as applied to each class of vehicle, which shall be defined by the director. Except for fees collected by the director pursuant to section 49-546, the inspection fees required to be paid pursuant to this article may be collected with the registration fee by the registering officer at the time and place of motor vehicle registration pursuant to Title 28, Chapter 7, Article 5 and deposited, pursuant to sections 35-146 and 35-147, in the emissions inspection fund in accordance with the rules adopted by the director or may be collected by the independent contractor at the time of inspection.
D. Any person, except a person who has been issued a certificate of waiver pursuant to section 49-542, subsection L, whose vehicle has been inspected at an official emissions inspection station, if the vehicle was not found to comply with the minimum standards, shall have the vehicle repaired, including recommended repair or replacement of emissions control devices as a result of tampering, and have the right within sixty consecutive calendar days but not thereafter to return the vehicle for one reinspection without charge. The department may provide for additional reinspections without charge. A vehicle shall not be deemed to pass a reinspection unless the tampering discovered during the tampering inspection is repaired with new or reconditioned emissions control devices.
E. The department shall issue certificates of inspection to owners of fleet emissions inspection stations. Each certificate shall be validated by the fleet emissions inspection stations in a manner required by the director at the time that each owner’s fleet vehicle has been inspected or has passed inspection. The validated certificate of inspection shall indicate at the time of registration that the owner’s fleet vehicle has been inspected and that the vehicle has passed inspection.
F. The director shall fix an emissions inspection fee before inspection certificates may be issued to the owner of any fleet emissions inspection station. Such fee shall be uniform for each inspection certificate issued and shall be based on the director’s estimated costs to the state of administering and enforcing this article as it applies to fleet emissions inspection stations and the vehicles inspected in fleet emissions inspection stations. The director shall deposit, pursuant to sections 35-146 and 35-147, all such monies collected by the director pursuant to this article in the emissions inspection fund.