Chapter Trans 131

Trans 131.04 Trans 131.04 Waiver of compliance.

Trans 131.04(1) (1) Eligibility. A vehicle which fails the initial inspection, and which after repair or adjustment, or both, again fails the inspection, shall be eligible for a waiver of compliance valid until the next required inspection of the vehicle provided the following conditions are met:

Trans 131.04(1)(a) (a) For all 1996 and newer model year vehicles which have not exceeded the terms of the manufacturer’s emission performance or defect warranty coverage at the time of the scheduled emission inspection, the operator shall either present a written statement from a vehicle dealership or other manufacturer’s designated agent declaring that the vehicle is not eligible for emission control system warranty work, or present a dated invoice indicating that the vehicle has received eligible emission control system warranty work.

Trans 131.04(1)(b) (b) The emission related repairs and adjustments made to the vehicle’s emission control system, including cost for parts and labor, have been performed on the vehicle within 180 days prior to renewal of annual registration or within 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the person performing the repairs, unless the repair information is reported electronically, upon performance of the repair. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the waiver investigator.

Trans 131.04(1)(c) (c)

Trans 131.04(1)(c)1. 1. For all vehicles which have exceeded the terms of the manufacturer’s emission performance or defect warranty coverage at the time of the scheduled emission inspection, the owner shall have emission related repairs performed on the vehicle at a recognized repair facility as defined in s. Trans 131.02 (39) or by a recognized automotive emission repair technician as defined in s. Trans 131.02 (38). The operator shall present a vehicle inspection report with the repair information section completed according to s. Trans 131.03 (13), unless it is reported electronically, upon performance of the repair. The statement shall contain the actual cost of emission related repairs performed on the vehicle including itemized costs for parts and labor. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost and date of repair shall be provided to the waiver investigator.

Trans 131.04(1)(c)2. 2. Proof of recognized automotive emission repair technician training shall consist of either ASE certification in level L1, or valid documentation indicating successful completion of a WISETECH course under s. Trans 131.16 or an equivalent program as determined by the department.

Trans 131.04(1)(d) (d) The vehicle shall pass a waiver emission equipment inspection as described in s. Trans 131.05.

Trans 131.04(2) (2) Criteria. A vehicle which meets the eligibility requirements of sub. (1) may receive a waiver of compliance valid until the next required inspection of the vehicle if it meets any one of the following conditions:

Trans 131.04(2)(b) (b) Technical difficulties in the manufacturer’s design or construction of the vehicle or restrictions imposed by the department on the operation of vehicles registered under s. 341.14 (1m), Stats., prevent emission inspection of the vehicle.

Trans 131.04(2)(c) (c) After repairs are performed by a recognized automotive emission technician, a complete, documented, physical and functional diagnosis and inspection performed at a technical assistance center by the master automotive technician or at another facility by an inspector designated by the department to perform the functions of a technical assistance center shows that no additional emission related repairs could produce a passing result.

Trans 131.04(2)(d) (d) If the owner is in compliance with the requirements set forth in s. 110.20 (13), Stats., the department shall issue a waiver of compliance as required by s. 110.20 (13), Stats.

Trans 131.04 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) (intro.), (a) and (b), (2) (intro.), (a) and (b), r. and recr. (1) (c), cr. (1) (d) and (2) (c), eff. 12-4-95; am. (1) (intro.), (a), (b), (2) (intro.), (a), (b), r. and recr. (1) (c), cr. (1) (d), (2) (c), Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (intro.), Register, May, 2001, No. 545, eff. 6-1-01; CR 01-121: am. (1) (b), Register March 2002 No. 555, eff. 4-1-02; CR: 07-114: am. (1) (intro.), (a), (b) and (c) 1. and 2., r. (2) (a), cr. (2) (d) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (2) (b) and (c) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.05 Trans 131.05 Waiver emission equipment inspection.

Trans 131.05(1) (1) Purpose. When a vehicle owner or lessee requests a waiver of compliance from emission inspection standards, the emission equipment shall be inspected by the waiver investigator. This waiver emission equipment inspection is designed to detect either tampering or disrepair on the vehicle. The waiver emission equipment inspection does not include removal or disassembly of parts except for removal of the fuel cap. The waiver investigator shall determine both the presence and proper connection, if originally equipped, of the following:

Trans 131.05(1)(a) (a) A properly sized fuel filler restrictor.

Trans 131.05(1)(b) (b) A properly connected catalytic converter.

Trans 131.05(1)(c) (c) A proper fuel cap.

Trans 131.05(1)(d) (d) A proper evaporative emission control canister system.

Trans 131.05(1)(e) (e) A properly connected positive crankcase ventilation system.

Trans 131.05(1)(f) (f) A proper exhaust gas recirculation system.

Trans 131.05(1)(g) (g) A proper air pump system.

Trans 131.05(1)(h) (h) A properly installed thermostatic air cleaner system.

Trans 131.05(1)(i) (i) A properly connected oxygen sensor.

Trans 131.05(1)(j) (j) An operational and non-active MIL or other emission service indicator light, regardless of whether the MIL or emission service indicator light is illuminated.

Trans 131.05(3) (3) Consequences. Vehicles failing the waiver emission equipment inspection shall not receive a waiver of compliance or acceptance for voluntary inspection under s. Trans 131.07 until the failing emission equipment items are either repaired or replaced.

Trans 131.05 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) to (3), cr. (1) (i) and (j), eff. 12-4-95; am. (1), (2), (3), cr. (1) (i), (j), Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (j), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: r. (2), am. (3) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (intro.) and (j) and (3) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.06 Trans 131.06 Inspection compliance.

Trans 131.06(1) (1) Registration eligibility. To be eligible for license plate renewal or ownership change registration, collector registration, or hobbyist registration, a vehicle shall comply with one of the following:

Trans 131.06(1)(a) (a) Either pass the emission inspection or receive a waiver of compliance from emission limitations.

Trans 131.06(1)(b) (b) Receive a temporary exemption according to s. Trans 131.08.

Trans 131.06(2) (2) Evidence. Evidence of inspection compliance shall consist of one of the following:

Trans 131.06(2)(a) (a) A vehicle inspection report indicating either “passed” or on which the waiver investigator has indicated “waived.”

Trans 131.06(2)(b) (b) An entry on the department’s data records indicating the vehicle license number, VIN, inspection serial number, and the notation “passed”or “waived.”

Trans 131.06 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. (1) (intro.) and (2), r. (1) (a), renum. (1) (b) and am., eff. 12-4-95; am. (1) (intro.), (2), r. (1) (a), renum. (1) (b) to be (a) and am., cr. (1) (b), Register, April, 1996, No. 484, eff. 5-1-96; CR 10-088: am. (2) (b) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.07 Trans 131.07 Voluntary inspections.

Trans 131.07(1) (1) Criteria. The contractor shall inspect any nonexempt vehicle presented for inspection at an inspection station or other authorized inspection facility provided:

Trans 131.07(1)(a) (a) The vehicle operator provides a properly completed request for voluntary emission inspection form, obtainable from the manager at each of the emission inspection stations or at other authorized inspection facilities as determined by the department.

Trans 131.07(1)(b) (b) The vehicle is not prohibited from inspection under s. Trans 131.03 (11).

Trans 131.07(1)(c) (c) The operator presents payment to the contractor of a monetary fee as determined by contract.

Trans 131.07(2) (2) Effect. The voluntary presentation of a vehicle for inspection in accordance with sub. (1) shall not impose any requirement upon a vehicle owner to comply with this chapter.

Trans 131.07 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am. eff. 12-4-95; am. Register, April, 1996, No. 484, eff. 5-1-96; CR 07-114: am. (1) (intro.), (a) and (2) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (b) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.08 Trans 131.08 Letter of temporary exemption from emission inspection requirements.

Trans 131.08(1) (1) Eligibility. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to either the vehicle’s absence or inoperative condition, or the owner’s or lessee’s absence or incapacity, during the 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under s. Trans 131.10, the owner or lessee may request of the department a letter of temporary exemption from the requirements of this chapter.

Trans 131.08(2) (2) Application. The department shall provide an application form, MVD2472, on which the vehicle owner or lessee shall state their name, permanent address, temporary address, if used, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, provide the reason for requesting a letter of temporary exemption, certify that the vehicle is unavailable for emission inspection, and state the date when the vehicle will again be operated within a Wisconsin county subject to the emission inspection requirements of this chapter.

Trans 131.08(3) (3) Issuance. Upon approval of the application by the department, a letter of temporary exemption shall be issued to the vehicle owner or lessee. Such approval letter shall allow the owner or lessee to proceed with vehicle registration renewal. As a condition of granting the letter of temporary exemption, the department shall require that the vehicle be inspected within 30 days of the date the applicant indicates that the vehicle will again be operated within a Wisconsin county subject to the emission inspection requirements of this chapter.

Trans 131.08(4) (4) Duration. A letter of temporary exemption shall not be valid longer than the period of registration renewal.

Trans 131.08 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. am., eff. 12-4-95; am. (1) to (3), Register, April, 1996, No. 484, eff. 5-1-96; CR 01-121: am. (1), Register March 2002 No. 555, eff. 4-1-02.

Trans 131.09 Trans 131.09 Temporary operating permits.

Trans 131.09(1) (1) General. The department or its designated representative may issue a temporary operating permit, valid for not more than 30 days, to allow time for inspection and necessary repairs and adjustments of any vehicle subject to inspection under s. 110.20 (6), Stats. No temporary operating permit shall be issued for a vehicle with registration expired for more than 90 days.

Trans 131.09(2) (2) Application. The department shall provide an application form, MV2505, on which the vehicle owner or lessee shall state their name, permanent address, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, and provide the reason for requesting a temporary operating permit.

Trans 131.09(3) (3) Issuance. Upon approval of the application, the department shall issue a temporary license plate to the vehicle owner or lessee. Such plate shall contain the date of expiration. The owner or lessee shall affix the temporary license plate to the vehicle in accord with the requirements of s. 341.09 (5), Stats.

Trans 131.09(4) (4) Term. A temporary operating permit shall be valid for 30 days after issuance. The department may approve the application for a second or third temporary operating permit provided that application is made within 90 days of the vehicle’s registration expiration date.

Trans 131.09 History History: Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; CR 07-114: am. (3) Register June 2008 No. 630, eff. 7-1-08.

Trans 131.10 Trans 131.10 Reciprocity.

Trans 131.10(1) (1) Compliance. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the vehicle’s absence from the Wisconsin inspection area during the 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another nonattainment area requiring vehicle emission inspections, the owner or lessee shall submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area.

Trans 131.10(2) (2) Registration eligibility. The submission of satisfactory evidence of emission inspection compliance from another nonattainment area shall allow the owner or lessee to proceed with vehicle registration renewal or to satisfy ownership change, collector, or hobbyist vehicle registration inspection requirements.

Trans 131.10(3) (3) Exception. When a vehicle operates in a nonattainment area which does not allow the inspection of vehicles from other nonattainment areas, the owner or lessee may apply for a temporary exemption under s. Trans 131.08.

Trans 131.10 History History: Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 01-121: am. (1), Register March 2002 No. 555, eff. 4-1-02.

Trans 131.11 Trans 131.11 Audits of inspection facilities.

Trans 131.11(1) (1) General. Representatives of the department or its designated agent shall conduct audits of inspection equipment, procedures, personnel and records as follows:

Trans 131.11(1)(a) (a) All contractor inspection functions, including those occurring at the inspection stations, other authorized inspection facilities, technical assistance centers or other facility by an inspector designated by the department to perform the functions of a technical assistance center, and vehicles used to conduct remote sensing, shall be audited on an unscheduled basis, at a minimum, according to the frequency established in the federal rule.

Trans 131.11(1)(b) (b) Scheduled audits may be performed at any time.

Trans 131.11(1)(c) (c) Either the department or its agent may conduct covert audits in order to satisfy the requirements of the federal rule.

Trans 131.11(1)(d) (d) Audits shall be performed according to written procedures either established or approved by the department.

Trans 131.11(2) (2) Equipment audits.

Trans 131.11(2)(c) (c) Equipment used to perform remote sensing tests shall be audited according to written procedures either established or approved by the department.

Trans 131.11(2)(d) (d) Equipment used to perform OBD inspections shall be audited according to written procedures either established or approved by the department.

Trans 131.11(2)(e) (e) If equipment fails to operate within contractually specified tolerance during an overt or covert audit, the department’s quality assurance auditor shall immediately re-audit the failing equipment. If the equipment fails again, the department’s quality assurance auditor shall require the station manager to close the affected lane or other authorized inspection facility or emission inspection operation until such time as the equipment is properly repaired and documentation of corrective actions is available for review by the department.

Trans 131.11(3) (3) Penalties. Equipment failure shall result in the imposition of a penalty. Penalties are established in the penalty schedule section of the contract and may require that the contractor either incur liquidated damages or suspend or revoke inspector licenses, or both.

Trans 131.11 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; renum. Trans 131.09 to be 131.11 and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; renum. (2) (d) to be (2) (e), cr. (2) (d), am. (3) (b), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (1) (a) and (2) (e), r. (2) (a) and (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (intro.) and (a) and (2) (e) Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: renum. (3) (a) to (3), r. (3) (b) Register May 2014 No. 701, eff. 6-1-14.

Trans 131.12 Trans 131.12 Equipment specifications and quality control.

Trans 131.12(1) (1) General. All equipment utilized for emission inspections shall be calibrated and maintained according to the standards established in the federal rule.

Trans 131.12(2) (2) Specifications. Equipment used to perform OBD inspections shall meet the most current version of each of the following SAE International standards: J1850, J1962, J1978, and J1979.

Trans 131.12(3) (3) Quality control. All equipment used in the emission inspection process shall be maintained according to all manufacturer specifications.

Trans 131.12 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; renum. Trans 131.10 to be 131.12 and r. and recr., Register, April, 1996, No. 484, eff. 5-1-96; cr. (2) (d), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: r. and recr. (2), am. (3) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (3) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.13 Trans 131.13 Licensing of inspectors.

Trans 131.13(1) (1) Training.

Trans 131.13(1)(a) (a) All contractor employees and all employees of any authorized inspection facility subcontractor who perform any official inspection functions shall have a license issued by the contractor. No person may either receive a license or have a license renewed as an inspector unless the person demonstrates to the department, by training and examination, proficiency in all of the following:

Trans 131.13(1)(a)1. 1. Air pollution causes and effects.

Trans 131.13(1)(a)2. 2. Purpose, function and goals of the inspection program.

Trans 131.13(1)(a)3. 3. State inspection regulations.

Trans 131.13(1)(a)4. 4. Inspection procedures and rationale for their design.

Trans 131.13(1)(a)5. 5. Emission control devices, configuration and inspection.

Trans 131.13(1)(a)6. 6. Inspection equipment operation and maintenance.

Trans 131.13(1)(a)7. 7. Quality control procedures.

Trans 131.13(1)(a)8. 8. Public relations.

Trans 131.13(1)(a)9. 9. Safety and health issues related to the inspection process.

Trans 131.13(1)(b) (b) Trainees shall both pass, by a minimum of 80% correct responses, a written test and demonstrate the ability, without the assistance of another person, to conduct a proper inspection as a condition of successfully completing a licensing examination administered by a party other than the contractor.