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(a) A motorist and a person engaged in the business of maintaining, repairing, or otherwise servicing vehicle emissions control systems shall
(1) ensure that emissions, excluding condensed water vapor, from a
(A) gasoline-powered motor vehicle are not visible for more than any five consecutive seconds;
(B) diesel-powered motor vehicle do not result in a reduction of visibility of greater than 40 percent through the exhaust effluent for more than any five consecutive seconds;
(2) ensure that emissions-related adjustments are made as specified by the vehicle manufacturer;
(3) ensure that original and aftermarket emissions-related parts are properly installed and functioning according to specifications and have not been subject to tampering;
(4) not make nor allow to be made any unauthorized modification to the engine or emissions control system; and
(5) use, or place, only unleaded gasoline in a vehicle designed for the exclusive use of unleaded gasoline.
(b) In addition to the requirements of (a) of this section, a motorist described in 18 AAC 52.005(b) shall ensure that an emissions-related repair is made, and that the repair is performed by a mechanic certified under this chapter if the motorist wants to apply that repair to the repair cost minimum.
(c) In addition to the other applicable requirements of this chapter, a mechanic certified under this chapter who repairs a vehicle that has failed an I/M inspection shall use repair procedures issued by the
(1) implementing agency and approved by the department; or
(2) department, if it administers the I/M program; the applicable procedures under this paragraph are set out in Part IV of the program manual.
(d) A motorist may request that a vehicle failing an emissions inspection (I/M test) at a certified station be inspected, at no cost, at a referee facility for verification and documentation of the inspection failure, if the vehicle is covered by a manufacturer's emissions warranty as provided in 42 U.S.C. 7541(a) and (b) (Clean Air Act, section 207(a) and (b)). The motorist may return to the referee facility for a free verification that I/M-related repairs were properly made.
(e) Repealed 1/1/2000.
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; am 1/1/2000, Register 152; am 2/18/2006, Register 177
Authority: AS 46.03.020
Editor's note: As of Register 176 (January 2006), the regulations attorney made a technical revision under AS 44.62.125 (b)(6), to 18 AAC 52.015(e) .
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Last modified 7/05/2006