Title 18 . Environmental Conservation

Chapter 52 . Administrative Enforcement

Section 70. Referee facility

18 AAC 52.070. Referee facility

(a) Each implementing agency or its contractor shall maintain and operate a referee facility to carry out the functions described in this section.

(b) The implementing agency shall ensure that the referee facility is equipped with instrumentation and other equipment and supplies necessary to determine whether a vehicle passes or fails an inspection test performed under this chapter.

(c) Subject to the implementing agency's approval, the referee facility may charge an inspection fee to inspect a vehicle not previously tested. If a vehicle passes an inspection performed at the referee facility, the referee facility may collect a fee for the certificate of inspection. A referee facility may not charge for an I/M test if the motorist has already paid for an I/M test and has a complete vehicle inspection report (VIR) showing a completed I/M test at a certified station within the past 90 days. If the vehicle fails the inspection and does not meet the requirements for a repair cost waiver under 18 AAC 52.060(a) (1), the referee facility may provide the motorist with a required-repair form that describes the repairs that must be made. The motorist shall make the repairs described on the required-repair form within 60 days. If the motorist disputes the results of a failing inspection performed by the referee facility, the referee facility may perform additional functional tests to verify the reason for failure.

(d) If directed by the implementing agency, the referee facility shall

(1) verify and document inspection failure as described in 18 AAC 52.015(d) ;

(2) determine whether a waiver should be issued under 18 AAC 52.060;

(3) confirm the results of tests and repairs performed by a certified mechanic or station if a motorist disputes the work of the mechanic or station;

(4) inspect vehicles that have been rejected from testing at a certified station because of engine or fuel changes;

(5) provide assistance in monitoring certified stations and mechanics under 18 AAC 52.440;

(6) test a vehicle and determine the correct procedure to follow for repairs after a vehicle has received an initial I/M test ("I" test), I/M-related repairs, and an after-repairs test ("A" test) at a certified station, and still fails; if the vehicle passes the initial test, a further I/M test is not required in that inspection cycle unless the ownership of the vehicle is transferred as provided in AS 28.10.271 (d);

(7) perform an I/M test if a technical problem prevents a certified station from performing a standard test;

(8) evaluate a catalytic converter for efficiency after the vehicle fails the tailpipe test and no other faults are found;

(9) test a vehicle that has had an engine change if the vehicle has not been tagged by the referee facility with a label containing instructions for properly testing the vehicle;

(10) evaluate a vehicle that fails the "I" test if the certified station refuses to perform repairs because the mechanic determines that the repairs would be ineffective and emissions would not be reduced;

(11) evaluate grey market vehicles as provided in 18 AAC 52.080;

(12) test vehicles referred by an I/M field inspector;

(13) evaluate vehicles covered by a manufacturer's emissions warranty that fail an "I" test and exhibit no indication of tampering;

(14) evaluate vehicles assembled by a person who is not an automobile manufacturer; and

(15) provide other services as directed by the implementing agency.

(e) The referee facility shall make appointments only when instructed to do so by the I/M office. A person referred to the referee facility shall bring with him or her the vehicle, the vehicle registration, a completed, legible referee referral form, and any additional documentation required by (1) - (22) of this subsection for each type of referral, as follows:

(1) Alternate Fueled-Vehicle Inspection - no other documentation is required;

(2) Catalytic Converter Evaluation - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(3) Repair Cost Waiver - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(4) Motorist Complaint that Station is Unable to Resolve/Vehicle Tested - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(5) Motorist Complaint that Station is Unable to Resolve/Vehicle Not Tested - no other documentation is required;

(6) Review of Disputed Test or Inspection - a passing or failing "I" test VIR, an itemized estimate if the test was failed, and a work order or invoice;

(7) Dual Exhaust or Headers - an "I" test VIR, an itemized estimate, and a work order or invoice;

(8) Engine Changes - no other documentation is required;

(9) Failed Vehicle after "I" Test, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(10) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(11) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test, Referred for Verification of Proper Repairs - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(12) Failed Vehicle/Mechanic Refuses to Repair Because Repairs will Not Reduce Emissions - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(13) Grey Market Vehicles - no other documentation is required;

(14) I/M Inspector Request - any appropriate I/M documentation provided by the I/M inspector;

(15) Motorhomes with Nonconforming Engine Changes - no other documentation is required;

(16) Parts On Order - a failing "I" test VIR, an itemized estimate of repairs, an itemized work order or invoice showing full payment in advance for all parts and labor, and a "parts on order" form, fully and legibly completed;

(17) Unavailable Parts - proof provided by the certified mechanic who performed the test that the required parts are unavailable, including

(A) a failing "I" test VIR;

(B) an itemized estimate of repairs; and

(C) an itemized work order or invoice that

(i) identifies each unavailable part by its full name and part number, if known;

(ii) confirms that a part is no longer available locally or by order;

(iii) provides the name of each parts supplier contacted, which must include a minimum of three, one of which must be the vehicle dealer; and

(iv) the name of each person spoken to at each part supplier;

(18) Excessive Sample Dilution - an aborted "I" test VIR that shows excessive sample dilution, and a work order or invoice;

(19) Incompatibility/Technical Problem - an aborted "I" test VIR if produced, and a work order or invoice;

(20) Twin Air Pump Vehicle that Failed the Tailpipe Test - a failing "I" test VIR;

(21) Vehicle Assembled by a Private Party (Kit Car) - no other documentation is required; and

(22) Warranty Verification - a failing "I" test VIR.

(f) A certified mechanic shall perform the repairs listed on the required-repair form provided by the referee facility under (c) of this section. If the repairs cannot be completed for less than the repair cost minimum, or if parts are unavailable for one or more required repairs, the mechanic shall contact the referee facility before proceeding. The mechanic may not proceed with any repair until all of the required parts are present for that repair and the cost to the motorist is established. If the certified station agrees to perform the after-repair test and issue a certificate of inspection, the mechanic shall sign the required repair form certifying that all required repairs were properly performed. The certified station may not charge for the after-repair test. A certified station may not issue a certificate of inspection for a vehicle subject to a referee-required repair form without approval from the referee facility. After all referee-required repairs have been performed, the certified station shall contact the referee facility for further instructions.

(g) An implementing agency may establish alternative procedures to those set out in this section, with department approval.

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

Authority: AS 46.03.020

AS 46.14.030

AS 46.14.510