Title 18 . Environmental Conservation

Chapter 52 . Administrative Enforcement

Section 500. General operating requirements

18 AAC 52.500. General operating requirements

(a) No person or business may post a sign or otherwise advertise a facility as a certified station or solicit or offer to perform an I/M test if that person or business is not certified under this chapter. The owner or operator of a certified station shall employ only certified mechanics to perform emissions repairs and inspections required under this chapter. The owner or operator shall ensure that all equipment is properly maintained and calibrated and that any repair or inspection subject to this chapter is done as required by the vehicle manufacturer, this chapter, and the program manual, including

(1) ensuring that each EIS used has been certified under 18 AAC 52.420;

(2) following, and requiring mechanics employed by the station to follow, the testing procedures and meeting the inspection standards set out in Part IV of the program manual; and

(3) using only original equipment manufacturer's parts, aftermarket parts that meet original equipment manufacturer specifications, or the aftermarket parts authorized for use in Part V of the program manual.

(b) The owner or operator of a certified station shall ensure that the certified station

(1) is constructed and equipped to comply with applicable federal, state, and local requirements;

(2) is heated and cooled as necessary to

(A) maintain the temperature at the operating range specified for the EIS by the EIS manufacturer; and

(B) prevent excessive temperature fluctuations;

(3) provides 110 - 120 volt power for the EIS from an approved source of electricity that

(A) supplies a consistent source of electricity; and

(B) enables the EIS to meet or exceed the minimum operating requirements for the analyzer;

(4) provides adequate ventilation for exhaust gases; and

(5) is equipped with a separate telephone line for each EIS that is connected to the EIS at all times.

(c) The owner or operator shall ensure that I/M tests and other work subject to the requirements of this chapter are performed only at the certified location.

(d) Upon request, the certified station shall return a replaced part to the motorist after repair work is completed, except a part required to be returned to the manufacturer or distributor under a warranty or exchange arrangement. If a part must be returned to the manufacturer or distributor, the station shall first give the motorist an opportunity to inspect the part.

(e) Except as otherwise provided in this subsection, if a certified mechanic or station elects not to do further work on a vehicle, the mechanic shall remove, at no cost to the motorist, any parts that were installed, and shall refer the motorist to the referee facility. If the mechanic has properly performed the correct repairs, the station may charge the motorist for the repair, refer the vehicle to the referee facility, and agree to comply promptly with the decision and instructions of the referee facility.

(f) If a certified station cannot accurately test a vehicle, the station shall refer the vehicle to another certified station. If a certified station cannot competently repair a vehicle, the station may refer the vehicle to another certified station or to a noncertified repair facility. If the certified station refers a vehicle to a noncertified repair facility for I/M-related repairs, the owner or operator of the certified station must fully inform the motorist of all rights, privileges, and advantages that the motorist might lose if repairs are performed at a noncertified facility.

(g) A certified mechanic or station shall inform each motorist that the vehicle must be registered with DMV within 90 days after a certificate of inspection is issued, and that failure to register the vehicle within 90 days will require the motorist to obtain a new certificate of inspection and to pay for another test. If the motorist requests an I/M test for a vehicle with a registration due date more than 90 days in the future, the mechanic or station shall obtain the motorist's signature on an acknowledgment that the motorist was informed of the 90-day limit. The mechanic or station shall secure authorization as follows:

I acknowledge notice that I must register my vehicle with DMV within 90 days after a certificate of inspection is issued, or obtain a new certificate of inspection if I have not registered the vehicle before the 90 days have passed. I understand that I would have to pay to have my vehicle inspected again in order to receive the new certificate.

__________________________ __________________________ (signature) (date)

(h) A certified mechanic shall inform the motorist that emissions defects that are not caused by tampering might be covered by warranty and that the motorist may take the vehicle to the referee facility for inspection before having repairs performed or to the manufacturer's representative for inspection and repairs.

(i) A motorist may elect to bypass the referee facility under (h) of this section. The motorist may go directly to the warranty repair facility or may pay to have the repairs performed at a repair facility of the motorist's choice. The implementing agency will not be able to offer assistance if the results are not satisfactory. If the repair facility is a certified station, another initial test, at the motorist's expense, is required on the vehicle before the repair.

(j) Each certified station shall document to the implementing agency these motorists who are referred to the referee facility for warranty verification. Documentation must be in the following language, signed by the motorist:

I acknowledge that I have been referred to the referee facility by [insert name of person who made the referral].

__________________________ __________________________ (signature) (date)

History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

Authority: AS 46.03.020

AS 46.14.030

AS 46.14.510