Title 18 . Environmental Conservation

Chapter 52 . Administrative Enforcement

Section 25. Visual identification of certificate of inspection, waivers, and new and exempt vehicles

18 AAC 52.025. Visual identification of certificate of inspection, waivers, and new and exempt vehicles

(a) The windshield sticker certificate of inspection must be

(1) easy to observe from outside a vehicle;

(2) of a quality that is difficult to counterfeit, difficult to remove without destroying it, and durable enough to last until the next inspection without fading, peeling, or otherwise deteriorating; and

(3) affixed to the vehicle's windshield as required by 18 AAC 52.020(d) at the time of inspection by the certified mechanic who performs the inspection.

(b) For purposes of vehicle registration, an electronic record of the certificate of inspection must be received by the division of motor vehicles, Department of Administration.

(c) When a type of vehicle is not required to get an I/M test, the implementing agency may require a windshield sticker that uniquely identifies that type of vehicle. A windshield sticker identifying a new vehicle, a vehicle waved under 18 AAC 52.060(a) , or a vehicle exempted under 18 AAC 52.005(f) must

(1) be easy to observe from outside the vehicle;

(2) be of a quality that is difficult to counterfeit, difficult to remove without destroying it, and durable enough to last until the next renewal or inspection without fading, peeling, or otherwise deteriorating;

(3) be unique and noticeably distinguishable from the windshield sticker certificate of inspection;

(4) be affixed to the vehicle's windshield as required by 18 AAC 52.020(d) in the manner prescribed by the implementing agency; and

(5) have a unique number.

(d) An implementing agency shall

(1) require each certified station and new vehicle dealer to account for all windshield stickers that the implementing agency issues to that station or new vehicle dealer; and

(2) adopt enforcement procedures in its design document for appropriate action by the implementing agency against a station or new vehicle dealer that is either missing or cannot account for a windshield sticker or that has improperly issued a windshield sticker.

(e) An implementing agency may, and if the department is the implementing agency, the department will, in the case of a show, classic, or collector vehicle, certify the use of a certificate holder for the display of that vehicle's seasonal waiver issued under 18 AAC 52.060, subject to the requirements of (f) - (m) of this section, as an alternative to the requirement that the waiver be permanently affixed to the windshield.

(f) A certificate holder for a seasonal waiver must be

(1) clear and of a size that accommodates the seasonal waiver and provides an adequate surface for the waiver to be affixed;

(2) of an appropriate size and design to either rest on the dashboard of the vehicle or hang from the vehicle's rear-view mirror so that the certificate holder is plainly visible through the vehicle's windshield from a distance of eight feet;

(3) uniquely marked to allow for easy verification so that the certificate holder is displayed in the appropriate vehicle;

(4) issued by the implementing agency; and

(5) be displayed at all times.

(g) If the department administers an I/M program under 18 AAC 52.030, the department will charge a fee to recover the cost of the certificate holder. If a department-administered I/M program, such as the program described in 18 AAC 52.005(h) , is associated with an I/M program administered by an implementing agency, the department will charge the same fee as that charged by the implementing agency. Nothing in this subsection prohibits an implementing agency other than the department from assessing a fee for a certificate holder.

(h) To be eligible to use a certificate holder in place of permanently affixing the seasonal waiver to the vehicle's windshield, the motorist must execute an affidavit attesting that the vehicle

(1) has been issued a valid seasonal waiver under 18 AAC 52.060; and

(2) is driven fewer than 2,500 miles per calendar year.

(i) If renewing a seasonal waiver, a motorist must provide adequate proof of the mileage that the vehicle was driven during the previous registration period on a calendar year basis.

(j) If a vehicle for which a certificate holder is issued is driven more than 2,500 miles in a calendar year during the registration period for which a certificate holder was issued for that vehicle, the motorist may not use the certificate holder any longer. The motorist shall forfeit and return the certificate holder to the implementing agency and obtain a certificate of inspection or seasonal waiver to be affixed to the inside lower corner of the front windshield.

(k) A motorist may not obtain a certificate holder for a camper or a motor home.

( l ) The implementing agency shall assign a unique certificate holder for each vehicle. The certificate holder may not be transferred to a different motorist or vehicle. The certificate holder and waiver must be returned to the department or implementing agency if a seasonal waiver is denied under 18 AAC 52.060 or if the title to the vehicle is transferred to another motorist.

(m) A motorist may not display a certificate holder in a vehicle other than the vehicle for which it has been issued. If a motorist incorrectly displays, or fails to display, a certificate holder, the implementing agency shall revoke each certificate holder and seasonal waiver issued to that motorist. The motorist shall return each revoked certificate and seasonal waiver to the implementing agency.

History: Eff. 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

Authority: AS 46.03.020

AS 46.14.030

AS 46.14.510