Chapter Trans 131

Trans 131.02(42) (42) “Remote sensing test” means the test conducted under s. Trans 131.14.

Trans 131.02(44) (44) “Tamper” or “tampering” has the same meaning as in s. 285.30 (6) (a) 3., Stats.

Trans 131.02(45) (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.

Trans 131.02(48) (48) “Truck” has the same meaning as “motor truck” as provided in s. 340.01 (34), Stats.

Trans 131.02(50) (50) “USEPA” means the United States Environmental Protection Agency.

Trans 131.02(50m) (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.

Trans 131.02 Note 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.

Trans 131.02(51) (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.

Trans 131.02(52) (52) “Vehicle” or “motor vehicle” has the same meaning as provided in s. 340.01 (35), Stats.

Trans 131.02(53) (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.

Trans 131.02(54) (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.

Trans 131.02(55) (55) “VIN” means a unique vehicle identification number as defined in s. 340.01 (23r), Stats.

Trans 131.02(56) (56) “Voluntary inspection” means the voluntary presentation of a nonexempt vehicle for an emission inspection.

Trans 131.02(56m) (56m) “Waiver” means a conditional one-cycle exemption from emission inspection that may be granted to a vehicle owner or lessee.

Trans 131.02(57) (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.

Trans 131.02(58) (58) “Waiver investigator” means the department employee or designated contractor representative who approves or disapproves applications for waivers.

Trans 131.02 History 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 Trans 131.03 Emission inspection and reinspection.

Trans 131.03(1) (1) General.

Trans 131.03(1)(a) (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.

Trans 131.03 Note 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.

Trans 131.03(1)(b) (b) Nothing in this chapter waives an expired registration because of failure to pass inspection requirements by the registration deadline.

Trans 131.03(1)(c) (c) A vehicle is first subject to the requirements of this chapter when the vehicle is 4 model years old.

Trans 131.03(1)(d) (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.

Trans 131.03 Note Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

Trans 131.03(2) (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:

Trans 131.03(2)(a) (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.

Trans 131.03(2)(b) (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

Trans 131.03 Note Note: For example, a 2004 model year vehicle shall be considered as being more than 4 model years old commencing January 1, 2008.

Trans 131.03(2)(c) (c) Within 45 days of notification of failing a remote sensing test, as required by s. 110.20 (9) (g), Stats.

Trans 131.03(2)(d) (d) Within 45 days of collector or hobbyist registration issuance.

Trans 131.03(3) (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:

Trans 131.03(3)(a) (a) A current Wisconsin vehicle license renewal notice.

Trans 131.03(3)(b) (b) A current Wisconsin certificate of registration.

Trans 131.03(3)(c) (c) A current Wisconsin certificate of title.

Trans 131.03(3)(d) (d) A vehicle inspection report if a reinspection, unless repair performance data has, upon performance of the repair, been reported electronically.

Trans 131.03(3)(e) (e) A letter of temporary exemption issued by the department.

Trans 131.03(3)(f) (f) A properly completed substitute renewal notice, form MVD 2016.

Trans 131.03(3)(g) (g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection.

Trans 131.03(3)(h) (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.

Trans 131.03(4) (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.

Trans 131.03(5) (5) Emission standards.

Trans 131.03(5)(a) (a) Vehicles that meet any of the following conditions shall fail the inspection:

Trans 131.03(5)(a)1. 1. The DLC is missing, has been tampered with, or is otherwise inoperable.

Trans 131.03(5)(a)2. 2. The MIL does not illuminate at all when the ignition key is turned to the “key on, engine off” position.

Trans 131.03(5)(a)3. 3. The MIL illuminates continuously or flashes when the vehicle is in the “key on, engine running “ condition, even if no DTCs are present.

Trans 131.03(5)(a)4. 4. A scan tool indicates that any DTCs are present and that the vehicle’s MIL status is commanded on.

Trans 131.03(5)(b) (b) If the MIL is not commanded to be illuminated, the vehicle shall pass the OBD inspection, even if DTCs are present.

Trans 131.03(6) (6) Emission inspection.

Trans 131.03(6)(a) (a) General requirements.

Trans 131.03(6)(a)1. 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.

Trans 131.03(6)(a)2. 2. The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution.

Trans 131.03(6)(a)4. 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.

Trans 131.03(6)(d) (d) OBD inspection procedures.

Trans 131.03(6)(d)1. 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.

Trans 131.03(6)(d)2. 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).

Trans 131.03(6)(d)3. 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.

Trans 131.03(6)(d)4. 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.

Trans 131.03(6)(d)5. 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.

Trans 131.03(6)(d)8. 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.

Trans 131.03(6)(d)10. 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.

Trans 131.03(10) (10) Reinspections.

Trans 131.03(10)(a) (a) Vehicles failing initial inspection may receive a reinspection at no additional charge under the following conditions:

Trans 131.03(10)(a)1. 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.

Trans 131.03(10)(a)2. 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:

Trans 131.03(10)(a)2.a. a. The repairs performed as well as any recognized automotive emission repair technician recommended repairs not performed per owner’s request.

Trans 131.03(10)(a)2.b. b. The name, address and telephone number of the repair facility.

Trans 131.03(10)(a)2.c. c. The name of the individual who performed the repairs.

Trans 131.03(10)(a)2.d. d. If available, the appropriate identification number of the recognized repair facility and technician.

Trans 131.03(10)(a)3. 3. The vehicle is not prohibited from inspection pursuant to sub. (11).

Trans 131.03(10)(b) (b)

Trans 131.03(10)(b)2. 2. A vehicle that fails the OBD inspection shall be reinspected after repair provided a readiness evaluation indicates that:

Trans 131.03(10)(b)2.a. a. All applicable on-board tests are complete for the component for which the vehicle failed its prior inspection, and

Trans 131.03(10)(b)2.b. b. All applicable on–board tests are complete except as allowed under sub. (6) (d).

Trans 131.03 Note Note: For example, a catalytic monitor must be ready after a catalyst is repaired.

Trans 131.03(10)(c) (c) If the vehicle passes the reinspection, the contractor shall retain all previously-issued vehicle inspection reports and issue a vehicle inspection report indicating compliance. If the vehicle does not pass the reinspection, the contractor shall issue a vehicle inspection report indicating non-compliance. If the owner or lessee requests a waiver of compliance from emission limitations, the waiver investigator shall review the request and shall either approve or deny the request in accord with s. Trans 131.04. If approved, the waiver investigator shall retain all previously-issued vehicle inspection reports, except the latest on which the waiver is indicated as granted.

Trans 131.03(10)(d) (d) The following limitations on the total number of inspections performed at no additional charge shall apply for each vehicle requiring compliance with this chapter:

Trans 131.03(10)(d)1. 1. A vehicle may receive no more than 2 reinspections. The reinspections shall occur within 30 days of initial inspection.

Trans 131.03(10)(d)2. 2. If the vehicle does not meet applicable emission inspection standards, the owner or lessee may apply for a waiver of compliance from these standards in accord with s. Trans 131.04.

Trans 131.03(10)(e) (e) Nonexempt vehicles may be reinspected at any time according to the voluntary inspection procedure of s. Trans 131.07.

Trans 131.03(11) (11) Inspection prohibited. The inspector shall refuse to perform any inspection required by this section for any vehicle if any of the following apply:

Trans 131.03(11)(b) (b) The vehicle is carrying explosives or other hazardous material which is recognized as a safety hazard by the contractor.

Trans 131.03(11)(c) (c) The vehicle is towing a trailer or another vehicle which is considered a safety hazard by the contractor.

Trans 131.03(11)(d) (d) Gasoline, oil or other fluid leaks are considered a safety hazard by the contractor.

Trans 131.03(11)(e) (e) The vehicle exhibits excessive idle speed, in the judgment of the contractor.

Trans 131.03(11)(f) (f) The vehicle is emitting smoke in amounts greater than the limitations specified in s. NR 485.05.

Trans 131.03(11)(j) (j) The vehicle is subject to a manufacturer’s recall for emission problems and the recall repair has not been performed. Vehicles for which emission-related recall notices have been issued shall have the recall repairs completed prior to submitting the vehicle for inspection. The owners or lessees of these vehicles shall present proof of compliance with the recall notice at time of inspection, unless the emission-related recall notice has been issued within 45 days prior to submitting the vehicle for inspection. This paragraph applies to vehicles for which emission-related recall notices have been issued after January 1, 1995.

Trans 131.03(11)(k) (k) The vehicle operator refuses to disclose the odometer reading to the inspector.

Trans 131.03(11)(m) (m) Upon a reinspection, the vehicle operator fails to provide a properly completed repair form to the inspector, unless the repair information is reported electronically, upon performance of the repair.