Wisconsin Legislature: Trans 131.02(54)

(21) “Homemade vehicle” has the same meaning as provided in s. 341.268, Stats.

(22) “Inspection” means the mandatory vehicle emission inspection required by s. 110.20, Stats., consisting of an OBD II inspection.

(23) “Inspection report” has the same meaning as provided in sub. (54).

(24) “Inspection station” means an inspection facility operated by a party under contract with the department for the purpose of conducting vehicle emission inspections required by s. 110.20, Stats.

(25) “Inspector” means the individual who performs the vehicle emission inspection for the contractor or subcontractor.

(26) “MIL” means malfunction indicator lamp.

(28) “Master automotive technician” means a person possessing the highest level of any nationally recognized certification organization for automotive emission-related diagnosis and repair.

(29) “Model year” means the date of manufacture of the original vehicle within the annual production period of the vehicle as designated by the manufacturer, or if a reconstructed or homemade vehicle, the first year of titling. If the manufacturer does not designate a production period, the term “model year” means the calendar year of manufacture. Determination of model year shall be as indicated in the VIN or on the vehicle’s registration documents.

(31) “New vehicle” means a motor vehicle to which the legal title has never been transferred to an ultimate retail purchaser as defined in s. Trans 139.02.

(34) “OBD II” means the on-board diagnostic system installed on 1996 and newer vehicles by the manufacturer that meets the regulations promulgated by the USEPA under 42 USC 7401-7671q.

(34m) “OBD inspection” or “OBD II inspection” means an emissions related inspection in which the vehicle’s on-board computer is accessed to evaluate the status of the vehicle’s emission control system.

(35) “Performance monitoring” means the system of evaluating automotive repair facilities’ performance by collecting and reporting the repair data as recorded on the vehicle inspection report or as reported electronically, upon performance of the repair.

(36) “Person” means an individual, corporation, association, firm, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, and the federal government.

(37) “Proper” or “properly” means meeting original manufacturer’s equipment standards or the equivalent.

(37m) “Readiness monitors” means the tests performed internally by a vehicle’s OBD II system that determine if an emission component is ready to be checked by the on-board vehicle computer.

(38) “Recognized automotive emission repair technician” means a person who has received and has proof of formal training in both diagnosis and repair of automotive engines and related systems.

(39) “Recognized repair facility” means a franchised new car dealer or other business with a Wisconsin sales tax number that performs emission repairs as a regular part of its business activities and employs at least one recognized automotive emission repair technician.

(40) “Reconstructed vehicle” has the same meaning as provided in s. 341.268 (1) (d), Stats.

(41) “Registration” has the same meaning as provided in s. 344.01 (2) (e), Stats.

(42) “Remote sensing test” means the test conducted under s. Trans 131.14.

(44) “Tamper” or “tampering” has the same meaning as in s. 285.30 (6) (a) 3., Stats.

(45) “Technical assistance center” means either a separate contractor facility or a portion of an inspection station which, under the direction of a master automotive technician, is equipped to perform both emission inspections and complete diagnostic evaluations of nonexempt vehicles.

(48) “Truck” has the same meaning as “motor truck” as provided in s. 340.01 (34), Stats.

(50) “USEPA” means the United States Environmental Protection Agency.

(50m) “USEPA technical guidance” means the USEPA publication “Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program,” dated June, 2001, which is incorporated herein by reference. Any alternative inspection procedures or changes in procedural details shall be approved by the USEPA administrator prior to use.

Note: Copies are on file with the Legislative Reference Bureau and the Attorney General’s office. These procedures are available in published form from the Wisconsin Department of Transportation, Bureau of Field Services, P. O. Box 7909, Room 253, Madison, WI 53707-7909 and can be accessed on the internet at http://www.epa.gov/otaq/regs/im/obd/r01015.pdf.

(51) “Van” means a motor vehicle constructed on a truck chassis, or indicated as a truck on the manufacturer’s statement of origin, with a completely enclosed driver and cargo compartment useable as a cargo carrying vehicle or as a passenger vehicle depending upon equipment.

(52) “Vehicle” or “motor vehicle” has the same meaning as provided in s. 340.01 (35), Stats.

(53) “Vehicle inspection notice” means a document mailed to vehicle owners as a result of failing a remote sensing test indicating that the nonexempt vehicle has been inspected in accordance with the provisions of s. Trans 131.14 and, if necessary, shall be presented at an inspection station or other authorized inspection facility for inspection under s. 110.20 (6) (a) 4., Stats.

(54) “Vehicle inspection report” means a serially numbered document issued at an inspection station or authorized inspection facility or technical assistance center or by an inspector designated by the department to perform the functions of a technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically.

(55) “VIN” means a unique vehicle identification number as defined in s. 340.01 (23r), Stats.

(56) “Voluntary inspection” means the voluntary presentation of a nonexempt vehicle for an emission inspection.

(56m) “Waiver” means a conditional one-cycle exemption from emission inspection that may be granted to a vehicle owner or lessee.

(57) “Waiver emission equipment inspection” means a visual inspection conducted to determine the presence and proper connection of selected emission equipment on vehicles presented for waiver determination under s. Trans 131.04.

(58) “Waiver investigator” means the department employee or designated contractor representative who approves or disapproves applications for waivers.

History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. revise eff. 12-4-95; am. (intro.), renum. (1) to (4), (6) to (10), (14) to (16), (18) to (22), (24), (26) to (28) and (34) to (42) to be (2), (3), (6) to (10), (12), (13), (16), (19) to (25), (29) to (32), (36), (37), (41), (43), (44), (48), (51), (52), (54), (56), (58), respectively, and am. (6), (8) to (10), (12), (19), (22), (23), (25), (29), (32), (43), (44), (51), (52), (54), (56), (58), cr. (1), (3m), (4), (14), (15), (18), (20m), (27), (28), (34), (35), (38), (39), (40), (42), (45), (47), (49), (50), (50m), (53), (55) and (57), r. (5), (12), (13), (23), (25), (29), (30), r. and recr. (11), (17), (33), Register, April, 1996, No. 484, eff. 5-1-96; correction in (44) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; correction made to delete duplicative subsection and correction in (12) and (20m) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; cr. (6m), (6r), (26), (34m), (37m), am. (11), (22), (32), (50m) and (58), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: cr. (1m) and (56m), r. (3), (4), (11), (14), (16), (27), (30), (32), (33), (43), (47) and (49), am. (6), (6r), (10), (22), (25), (34) to (35), (50m), (53) and (54), r. and recr. (8) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1m), (6), (10), (34m), (50m), (54) and (56m) Register December 2010 No. 660, eff. 1-1-11; CR 22-048: am. (19) Register July 2023 No. 811, eff. 8-1-23.

Trans 131.03 Emission inspection and reinspection.

(1) General.

(a) All nonexempt vehicles that are customarily kept in counties certified under s. 110.20 (5) (a), Stats., or in a county whose county board adopts a resolution under s. 110.20 (5) (b), Stats., shall be inspected as provided in this chapter. Penalty for failure to comply with this section consists of either denial of registration renewal or suspension of vehicle registration as set forth in s. 341.63 (1) (e), Stats.

Note: The 6 counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha were certified by the department of natural resources in a letter to the department dated August 21, l981. Sheboygan County was certified by the department of natural resources in a letter to the department dated April 20, 1992.

(b) Nothing in this chapter waives an expired registration because of failure to pass inspection requirements by the registration deadline.

(d) For purposes of calculating the number of model years of vehicle age under ss. 110.20 (13) and 285.30 (5), Stats., a model year shall be considered synonymous with a calendar year. Not satisfying the inspection requirements of this chapter prior to the date of registration expiration shall not extend vehicle age.

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(2) When inspection required. Nonexempt vehicles subject to an inspection shall have the inspection completed as provided in this chapter when any of the following apply:

(a) No more than 180 days prior to renewal of annual registration. This requirement applies when the vehicle is 4 model years old and every 2 years thereafter.

(b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 180 days prior to such ownership change registration, or

Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

(d) Within 45 days of collector or hobbyist registration issuance.

(3) Document requirements. Each vehicle presented for inspection at an inspection station or at an authorized inspection facility shall be accompanied by at least one of the following documents which identifies the vehicle by make, model year, VIN, and license plate number:

(a) A current Wisconsin vehicle license renewal notice.

(b) A current Wisconsin certificate of registration.

(d) A vehicle inspection report if a reinspection, unless repair performance data has, upon performance of the repair, been reported electronically.

(e) A letter of temporary exemption issued by the department.

(f) A properly completed substitute renewal notice, form MVD 2016.

(g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection.

(h) A properly completed voluntary inspection request form, obtainable from the manager at each of the inspection stations or at other authorized inspection facilities as determined by the department.

(4) Scope and nature of inspection. The vehicle emission inspection shall consist of an OBD II inspection which indicates whether the MIL is commanded on and, if so, the DTCs causing the command.

(5) Emission standards.

(a) Vehicles that meet any of the following conditions shall fail the inspection:

1. The DLC is missing, has been tampered with, or is otherwise inoperable.

2. The MIL does not illuminate at all when the ignition key is turned to the “key on, engine off” position.

3. The MIL illuminates continuously or flashes when the vehicle is in the “key on, engine running “ condition, even if no DTCs are present.

4. A scan tool indicates that any DTCs are present and that the vehicle’s MIL status is commanded on.

(b) If the MIL is not commanded to be illuminated, the vehicle shall pass the OBD inspection, even if DTCs are present.

(6) Emission inspection.

(a) General requirements.

1. Vehicles shall be inspected in an as-received condition. Prior to inspection, the engine shall be operating at the manufacturer’s recommended engine idle speed without excessive smoke, at normal operating temperature, not overheating, as indicated by gauge, warning light or boiling radiator, and with all accessories off.

2. The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution.

4. Vehicles that are designed to operate with more than one type of fuel shall be inspected on the fuel in use at the time of inspection.

(d) OBD inspection procedures.

1. An OBD II inspection shall be performed on all model year 1996 and newer vehicles equipped with OBD II systems. The OBD inspection shall be performed according to the procedures specified in section 85.2222 of the federal rule.

2. If the vehicle’s DLC cannot be located, or is located such that an inspector cannot reasonably access it during the course of a vehicle inspection, the vehicle shall receive a waiver equipment inspection as provided in s. Trans 131.05 and, pending the outcome of this inspection, be referred to a technical assistance center or other facility or inspector designated by the department to perform the functions of a technical assistance center for issuance of a technical waiver of compliance as provided in s. Trans 131.04 (1) (b).

3. The inspector shall connect the inspection system to the vehicle by connecting the vehicle’s DLC to the OBD II inspection system. The inspection system shall determine what readiness monitors are supported by the vehicle’s OBD II system, and perform a readiness evaluation or applicable readiness monitors in accordance with the USEPA technical guidance. If the readiness evaluation indicates that any on-board tests are not complete, the vehicle shall be rejected from inspection. Vehicles rejected because on-board tests are not complete shall be required to leave the inspection station, pursue a means of completing on-board tests, and return for inspection.

4. An exception is allowed for model year 1996 to model year 2000 vehicles, with 2 or fewer unset readiness monitors, and for model year 2001 and newer vehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness monitors in question, may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular readiness monitors. Vehicles from those model years with unset readiness monitors which also have DTCs stored resulting in the MIL to be commanded on shall fail the OBD inspection.

5. If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.

8. If the malfunction indicator status indicates that the MIL has been commanded to be illuminated, the inspection system shall record all DTCs resulting in MIL illumination in the vehicle inspection record.

10. Vehicles failing the OBD inspection may not be reregistered within the state of Wisconsin until such failing items have been repaired or replaced if necessary as required by s. 285.30 (6), Stats.

(10) Reinspections.

(a) Vehicles failing initial inspection may receive a reinspection at no additional charge under the following conditions:

1. The reinspection shall take place within 30 days of the initial inspection or the owner or lessee shall present satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection. Additionally, the vehicle shall have been repaired or adjusted according to s. 110.20, Stats., and this chapter.

2. The vehicle shall be accompanied by its previous vehicle inspection reports. Repair information, as completed by the person performing the repairs, shall be indicated in the space provided on the reports, unless it is reported electronically, upon performance of the repair. The completed repair section on the vehicle inspection report, or the data reported electronically, shall indicate all of the following:

a. The repairs performed as well as any recognized automotive emission repair technician recommended repairs not performed per owner’s request.

b. The name, address and telephone number of the repair facility.

c. The name of the individual who performed the repairs.

d. If available, the appropriate identification number of the recognized repair facility and technician.

3. The vehicle is not prohibited from inspection pursuant to sub. (11).