18 AAC 52.005. Applicability and general requirements

(a) Subject to the other provisions of this section, including the exemptions set out in (f) of this section, the maintenance requirements of 18 AAC 52.015(a) apply to

(1) a motorist; and

(2) a person engaged in the business of maintaining, repairing, or otherwise servicing emissions control systems.

(b) The requirements of (c) of this section apply to a

(1) a motorist who resides in an inspection and maintenance (I/M) area identified in (g) of this section;

(2) a motorist whose motor vehicle is principally located or operated in an I/M area;

(3) a motorist who commutes into the Municipality of Anchorage; and

(4) a motorist who attends school at the University of Alaska within the Fairbanks North Star Borough I/M program area; and

(5) a motorist described in (1) - (4) of this subsection whose motor vehicle is located within an I/M area on a public right-of-way, public land, or on commercial premises such as a parking lot that is open to the public.

(1) a motorist described in (b) of this section shall

(A) have that motorist's motor vehicle inspected every two years as required by this chapter unless

(i) the requirement is waived under 18 AAC 52.060; or

(ii) the vehicle is a model year (MY) 2004 or newer; if the vehicle is a model year 2004 or newer, the vehicle's first inspection is due when the current calendar year equals the vehicle model year plus four years; subsequent inspections are due every two years after the year the vehicle's first inspection is due;

(B) have one of the following types of windshield stickers permanently affixed to the vehicle's windshield:

(i) certificate of inspection;

(ii) seasonal waiver;

(iii) new vehicle;

(iv) diesel exemption;

(C) comply with the maintenance practices for the motor vehicle emissions control system to reduce air pollution required by 18 AAC 52.015(b) and any additional emissions-related maintenance practices recommended by the manufacturer; and

(D) have the emission-related vehicle repairs required by 18 AAC 52.065 performed and, if the repairs are to be applied to the repair cost minimum, ensure that the repairs are made by a certified mechanic;

(2) a motorist described in (b)(1) of this section and a motorist described in (b)(2) of this section shall obtain a certificate of inspection as required under (1) of this subsection by having the vehicle inspected within 90 days before registration is due under AS 28.10.108 ;

(3) a motorist described in (b)(3) of this section shall have the vehicle inspected before commuting into the Municipality of Anchorage and every two years thereafter; and

(4) a motorist described in (b)(4) of this section shall have the vehicle inspected before attending the University of Alaska within the Fairbanks North Star Borough I/M program area and every two years thereafter for as long as the motorist attends the University of Alaska within the Fairbanks North Star Borough I/M program area.

(d) Except for a vehicle described in (f) of this section, the motorist of a vehicle registered in another state shall obtain a certificate of inspection within 30 days after

(1) a change in the motorist's residence from a non-I/M area to an I/M area; or

(2) the vehicle begins to be principally located or operated in an I/M area.

(e) In addition to the requirements of (a) - (d) of this section, this chapter

(1) governs an I/M program established by an implementing agency and requires the implementing agency to conduct that program in accordance with this chapter and the department's Alaska I/M Program Manual dated December 16, 2005, which is adopted by reference;

(2) requires a person engaged in the business of maintaining, repairing, or otherwise servicing vehicle emissions control systems in an I/M area to conduct business in accordance with this chapter, including, when applicable,

(A) meeting the certification requirements for

(i) mechanics set out in 18 AAC 52.400; and

(ii) stations set out in 18 AAC 52.415; and

(B) using the inspection and repair procedures required by this chapter, including the procedures set out in the program manual; and

(3) requires a department, agency, or instrumentality of the federal government with jurisdiction over a property or facility within an I/M area, before a vehicle is allowed to operate on that property or facility, to

(A) require employees or contractors who operate a vehicle on the property or facility to furnish proof of compliance with this chapter; for purposes of this subparagraph, proof of compliance may be

(i) a valid certificate of inspection for the vehicle;

(ii) proof of vehicle registration in the I/M area; or

(iii) another method approved by the implementing agency; and

(B) obtain a valid certificate of inspection for each motor vehicle owned or leased by the federal government and located or operated on the property or facility, unless the implementing agency, in its discretion, allows the use of an alternate method of compliance with this subparagraph.

(f) The I/M requirements of this chapter do not apply to

(1) a 1967 or older motor vehicle;

(2) repealed 2/18/2006;

(3) a gasoline-powered motor vehicle that has an unladen weight of 12,001 pounds or heavier;

(4) a test vehicle for which the department has issued a written exemption;

(5) a military tactical vehicle such as a tank;

(6) motorcycles, golf cart, all-terrain vehicle, snow machine, and motor-driven cycle (moped);

(7) a motor vehicle that has been or will be in Alaska for less than 30 days; or

(8) an electric vehicle.

(g) For purposes of this chapter, the following is an I/M area:

(1) the Municipality of Anchorage; and

(2) the Fairbanks North Star Borough;

(h) The department will administer an I/M program that applies to motorists who commute into the Municipality of Anchorage, as provided in 18 AAC 52.030.

History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

Authority: AS 46.03.010

AS 46.03.020

AS 46.14.030

AS 46.14.510

Editor's note: As provided in AS 45.45.400 (a), certain requirements of this chapter extend to a person engaged in the business of selling used vehicles. The program manual adopted by reference in this section may be reviewed at or obtained from the implementing agency or the department's Anchorage, Fairbanks, or Juneau offices.

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