NEW PA Inspection legislation

Pennsylvania State Senator Elder A. Vogel (R-47) is planning to re-introduce his 2013 legislation, Senate Bill 332 (see text below), attacking Pennsylvania’s motor vehicle emissions inspection program by reducing the number of emission inspections for a vehicle. The 2013 bill provides for an impractical emissions inspection exemption for new motor vehicles, and an exemption for alternative fuel vehicles.  ASA-PA believes the new legislation will be similar.

This legislation could harm consumers and the environment. The bill does not acknowledge the importance of emissions inspections to the quality of life for the citizens of Pennsylvania.

Once the bill is introduced for this session, we will contact you to join with us in opposing Senator Vogel’s legislation that dilutes the Pennsylvania Emissions Inspection program.

Sincerely,

Keith Heilveil

Chairperson ASA-PA

 

 

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL No. 332

Session of 2013

INTRODUCED BY VOGEL, ALLOWAY, WOZNIAK, BAKER, SCARNATI, HUTCHINSON, WHITE, EICHELBERGER, ROBBINS, YUDICHAK, COSTA, WAUGH AND BRUBAKER, JANUARY 30, 2013

SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 18, 2013

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in inspection of vehicles, further providing for requirement for periodic inspection of vehicles AND FOR PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 4702(g)  of Title 75 of the Pennsylvania Consolidated Statutes is amended by adding paragraphs and the section is amended by adding subsections to read:

Section 4702. Requirement for periodic inspection of vehicles.

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(g) Exceptions.–The following are exceptions to subsection (f):

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(5) Emission inspection criteria for newest model year vehicles.–A subject vehicle shall be exempt from the requirements for emission inspection for ten years from the date of original registration.

(6) Emission inspection criteria for alternative fuel vehicles.–A subject vehicle powered by electric, hybrid electric or compressed natural gas shall be exempt from the requirements for emission inspection. A certificate of exemption shall be affixed to the subject vehicle in a manner prescribed by department regulations.

(h) Notification to Environmental Protection Agency.–The department, in consultation with the Department of Environmental Protection, shall immediately notify the Environmental Protection Agency of the modifications to the vehicle emission program in subsection (g)(5) and (6) and of the intent to seek its approval of the plan in accordance with the requirements of Federal law.

(i) Anti-tampering inspections.–Notwithstanding the provisions of subsection (g)(5) and (6), newest ten model year and alternative fuel vehicles shall be subject to visual anti-tampering inspections for the presence of emissions control components installed on the vehicle by manufacturers.

Section 2. This act shall take effect in 60 days.

SECTION 1. SECTION 4702(A), (F) AND (G) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 4702. REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.

(A) ANNUAL SAFETY INSPECTION.–EXCEPT AS PROVIDED IN SUBSECTION (B) SUBSECTIONS (B) AND (B.1), THE DEPARTMENT SHALL ESTABLISH A SYSTEM OF ANNUAL SAFETY INSPECTION OF VEHICLES, INCLUDING EMERGENCY VEHICLES, FARM VEHICLES WITH A GROSS WEIGHT OR GROSS VEHICLE WEIGHT RATING OF GREATER THAN 17,000 POUNDS FOR WHICH A TYPE D BIENNIAL CERTIFICATE OF EXEMPTION HAS BEEN ISSUED AND PRIVATE NONCOMMERCIAL VEHICLES USED TO TRANSPORT STUDENTS.

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(B.1) NEW VEHICLES.–A VEHICLE SHALL BE EXEMPT FROM SAFETY INSPECTION REQUIREMENTS FOR THE FIRST TWO YEARS AFTER THE VEHICLE IS MANUFACTURED. AFTER THE SECOND YEAR, THE VEHICLE SHALL BE SUBJECT TO INSPECTION AS REQUIRED IN THIS SECTION.

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(F) EMISSION INSPECTION.–SUBJECT VEHICLES OPERATED IN THIS COMMONWEALTH MUST BE EMISSION SHALL BE:

(1) EMISSION INSPECTED AS PROVIDED IN SECTION 4706 (RELATING TO PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM).

(2) SUBJECT TO BIENNIAL TESTING, UNLESS EXEMPTED FROM THE REQUIREMENTS FOR EMISSION INSPECTION.

(G) EXCEPTIONS.–THE FOLLOWING ARE EXCEPTIONS TO SUBSECTION (F):

(1) EMISSION INSPECTION CRITERIA FOR REGISTRATION OF NEWER SUBJECT VEHICLES WITH NEW REGISTRATION PLATES .–A SUBJECT VEHICLE NEVER BEFORE REGISTERED IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION HAVING LESS THAN 5,000 MILES ON ITS ODOMETER AND FOR WHICH AN ANNUAL OR TEMPORARY REGISTRATION PLATE WAS ORIGINALLY ISSUED WITHIN THE PAST 12 MONTHS SHALL BE EXEMPT FROM EMISSION INSPECTION FOR ONE YEAR FROM THE DATE OF ORIGINAL REGISTRATION. SHALL BE EXEMPT FROM EMISSION INSPECTION UNTIL FIVE YEARS AFTER THE MODEL YEAR. A CERTIFICATE OF EXEMPTION SHALL BE AFFIXED TO THE SUBJECT VEHICLE IN A MANNER PRESCRIBED BY DEPARTMENT REGULATIONS. THE EXPIRATION DATE OF THE EXEMPTION SHALL BE DETERMINED WHEN THE CERTIFICATE OF EXEMPTION IS ISSUED BASED UPON THE MONTH THE REGISTRATION EXPIRES AND FIVE YEARS AFTER THE MODEL YEAR. NO SUBJECT VEHICLE SHALL BE EXEMPT FOR A PERIOD OF GREATER THAN 60 MONTHS UNDER THIS PARAGRAPH.

(2) EMISSION INSPECTION CRITERIA FOR NEW VEHICLES WITH TRANSFERRED REGISTRATION PLATES.–A SUBJECT VEHICLE NEVER BEFORE REGISTERED IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION HAVING LESS THAN 5,000 MILES ON ITS ODOMETER AND BEARING A REGISTRATION PLATE WHICH HAS BEEN TRANSFERRED FROM ANOTHER VEHICLE SHALL BE REQUIRED TO PASS AN EMISSION INSPECTION PRIOR TO THE NEXT REGISTRATION RENEWAL, BUT NOT WITHIN NINE MONTHS OF THE DATE OF PURCHASE OF THE SUBJECT VEHICLE. PREVIOUSLY EXEMPTED VEHICLES.–A CERTIFICATE OF EXEMPTION PREVIOUSLY ISSUED UNDER PARAGRAPH (1) SHALL REMAIN VALID FOR THE PERIOD ORIGINALLY ISSUED REGARDLESS OF THE TRANSFER OF OWNERSHIP OF THE VEHICLE.

(3) EMISSION INSPECTION CRITERIA FOR USED SUBJECT VEHICLES WITH NEW OR TRANSFERRED REGISTRATION PLATES.–A SUBJECT VEHICLE SOLD HAVING A TITLE ISSUED IN THIS OR ANY OTHER JURISDICTION OR SOLD WITH A MANUFACTURER’S STATEMENT OF ORIGIN AND HAVING 5,000 OR MORE MILES ON ITS ODOMETER AND WHICH DISPLAYS A CURRENTLY VALID CERTIFICATION OF EMISSION INSPECTION SHALL BE REQUIRED TO BE EMISSION INSPECTED PRIOR TO EXPIRATION OF THE CERTIFICATE OF EMISSION UNLESS THE RENEWAL OF REGISTRATION BECOMES DUE IMMEDIATELY BEFORE THE EXPIRATION OF THE CERTIFICATE OF EMISSION INSPECTION, IN WHICH CASE THE SUBJECT VEHICLE SHALL BE EMISSION INSPECTED PRIOR TO EXPIRATION OF THE NEW OR TRANSFERRED REGISTRATION PLATE. IF THERE IS NO EVIDENCE OF EMISSION INSPECTION, AN EMISSION INSPECTION MUST PRECEDE THE NEXT REGISTRATION RENEWAL. (RESERVED).

(4) EMISSION INSPECTION CRITERIA FOR VEHICLES OPERATED WITH MISCELLANEOUS MOTOR VEHICLE BUSINESS REGISTRATION PLATES OR DEALER REGISTRATION PLATE.–A SUBJECT VEHICLE WHICH DISPLAYS A MISCELLANEOUS MOTOR VEHICLE BUSINESS REGISTRATION PLATE OR A DEALER REGISTRATION PLATE SHALL BE EXEMPT FROM THE REQUIREMENTS FOR EMISSION INSPECTION UNTIL IT HAS ACCUMULATED 5,000 MILES ON ITS ODOMETER. AT THAT TIME IT SHALL BE SUBJECT TO THE PROVISIONS OF SUBSECTION (F). FIVE YEARS AFTER THE MODEL YEAR. A CERTIFICATE OF EXEMPTION SHALL BE AFFIXED TO THE SUBJECT VEHICLE IN A MANNER PRESCRIBED BY DEPARTMENT REGULATIONS. THE EXPIRATION DATE OF THE CERTIFICATE OF EXEMPTION SHALL BE DETERMINED WHEN THE CERTIFICATE OF EXEMPTION IS ISSUED BASED UPON THE MONTH OF THE MANUFACTURE OF THE VEHICLE AS DESIGNATED BY THE MANUFACTURER AND FIVE YEARS AFTER THE MODEL YEAR. NO SUBJECT VEHICLE SHALL BE EXEMPT FOR A PERIOD OF GREATER THAN 60 MONTHS UNDER THIS PARAGRAPH.

(5) FOR PURPOSES OF THIS SUBSECTION, “MODEL YEAR” SHALL MEAN THE CALENDAR YEAR SO DESIGNATED BY THE MANUFACTURER OF A VEHICLE AS THE MODEL YEAR.

(H) NOTIFICATION TO ENVIRONMENTAL PROTECTION AGENCY.–THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, SHALL IMMEDIATELY NOTIFY THE ENVIRONMENTAL PROTECTION AGENCY OF THE MODIFICATIONS TO THE VEHICLE EMISSION PROGRAM IN SUBSECTIONS (F), (G)(1), (2), (3), (4) AND (7) AND (I) AND SECTION 4706(C.2) (RELATING TO PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM), AND OF THE INTENT TO SEEK ITS APPROVAL OF THE PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF FEDERAL LAW.

(I) ANTITAMPERING INSPECTIONS.–NO VEHICLE SHALL BE REQUIRED TO UNDERGO ANTITAMPERING INSPECTIONS FOR EMISSIONS CONTROL COMPONENTS.

SECTION 2. SECTION 4706 OF TITLE 75 IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 4706. PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM.

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(C.2) CERTIFICATE OF EXEMPTION.–A FEE OF NO MORE THAN $2 PLUS THE FEE PAID TO ACCESS THE DEPARTMENT’S COMPUTER SYSTEM MAY BE CHARGED FOR A CERTIFICATE OF EXEMPTION ISSUED UNDER SECTION 4702(G) (RELATING TO REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES) OR REPLACEMENT OF A CERTIFICATE OF EXEMPTION.

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SECTION 3. THIS ACT SHALL TAKE EFFECT JANUARY 1, 2014. SEE OTHER BILLS UNDER THE SAME TOPIC

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