Chapter Trans 131

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.

Trans 131.13(1)(c) (c) An applicant for a vehicle emissions inspection license who fails an examination for inspector shall successfully complete the applicable vehicle emissions inspector training program prior to reexamination for license.

Trans 131.13(2) (2) Licensing. Upon completion of training and all other licensing requirements, the contractor shall issue a photo identification badge containing the inspector’s photograph, name, unique, non-transferable inspector number and the expiration date of the inspector’s license. Training and licensing records for each employee so licensed shall be maintained both at the contractor’s headquarters and at the employee’s primary inspection station or other authorized inspection facility.

Trans 131.13(3) (3) Renewal. Licenses issued to vehicle emissions inspectors shall be valid for 2 years. Inspectors shall complete both refresher training and testing prior to license renewal.

Trans 131.13(4) (4) Auditing. Representatives of the department or its designated agent shall conduct both overt and covert, scheduled and unscheduled audits.

Trans 131.13(5) (5) Penalties. Failure of either the contractor or any of its employees or of any authorized inspection facility subcontractor or its employees to pass any portion of an overt or covert audit shall result in the imposition of a penalty. These penalties, established in the penalty schedule section of the contract, may require that the contractor either suspend or revoke inspector licenses or incur liquidated damages, or both.

Trans 131.13(6) (6) Challenge mechanism.

Trans 131.13(6)(a) (a) A motorist who alleges that either an incorrect inspection occurred or that fraud or abuse influenced the results of the inspection may contest the results of that inspection by notifying the department immediately after the inspection, or as soon as possible after discovering the problem.

Trans 131.13(6)(b) (b) The department’s quality assurance representative shall investigate the complaint. If the results of that investigation indicate that the inspection may have occurred incorrectly or that fraud or abuse may have influenced the results of the inspection, the department’s quality assurance representative shall arrange for a reinspection at the technical assistance center or other facility by an inspector designated by the department to perform the functions of a technical assistance center at a time convenient to all parties.

Trans 131.13(6)(c) (c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perform the functions of a technical assistance center shall supersede the results of the contested station lane or other authorized inspection facility inspection.

Trans 131.13 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (a) (intro.), (2), (5) (a) and (b), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (1) (a) and 6., (2), (5) (a) and (b) and (6) (c) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (a) 4. and 6. and (6) (b) and (c) Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: renum. (5) (a) to (5), r. (5) (b) Register May 2014 No. 701, eff. 6-1-14.

Trans 131.14 Trans 131.14 Remote sensing.

Trans 131.14(1) (1) General. The contractor shall use remote sensing to measure the in-use vehicle emissions in any county identified under s. 110.20 (5), Stats. Any nonexempt vehicle that has passed its last emission reinspection under s. Trans 131.03 (11), and fails the remote sensing test by exceeding the remote emission standards under sub. (4), shall have an emission inspection under s. 110.20 (9) (g), Stats. Penalty for failure to comply with this section consists of suspension of vehicle registration as set forth in s. 341.63 (1) (e), Stats.

Trans 131.14(2) (2) When inspection required.

Trans 131.14(2)(a) (a) The owner or lessee of a nonexempt vehicle that fails the remote sensing test shall have an emission inspection within 45 days of notification of a remote sensing test failure.

Trans 131.14(2)(b) (b) Vehicles that fail the remote sensing test, but are scheduled to receive an emission inspection required under s. 110.20 (6), Stats., within 90 days of remote sensing test failure, or for which temporary exemptions will expire within 30 days of remote sensing test failure, shall receive notification of the remote sensing test failure but are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

Trans 131.14(2)(c) (c) Vehicles that have a valid emission inspection waiver at the time of remote sensing test failure are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

Trans 131.14(3) (3) Scope and nature of remote sensing test. The test shall consist of using an open-path infrared sensor to measure the concentration of one or more of the following pollutants present in the vehicle’s exhaust:

Trans 131.14(3)(a) (a) Hydrocarbons.

Trans 131.14(3)(b) (b) Carbon monoxide.

Trans 131.14(3)(c) (c) Carbon dioxide.

Trans 131.14(3)(d) (d) Oxides of nitrogen.

Trans 131.14(4) (4) Emission standards. Vehicles that exceed the standards shown in Table 1 shall fail the remote sensing test:

- See PDF for table

Trans 131.14 Note Note: Changes to these standards may occur either if the USEPA establishes remote sensing standards or if the department’s program evaluation indicates that modifications should occur to identify more accurately gross polluting vehicles.

Trans 131.14(5) (5) Vehicle inspection notice. The contractor shall mail a vehicle inspection notice to the owner or lessee of vehicles that fail a remote sensing test conducted under this section. The vehicle inspection notice shall be mailed to the owner’s or lessee’s address indicated on the department’s registration database. The vehicle inspection notice shall include all of the following:

Trans 131.14(5)(a) (a) Remote sensing test serial number.

Trans 131.14(5)(b) (b) Date, location and time of the remote sensing test.

Trans 131.14(5)(c) (c) License plate number.

Trans 131.14(5)(d) (d) VIN.

Trans 131.14(5)(e) (e) Emission remote sensing test results and standards for the vehicle.

Trans 131.14(5)(f) (f) Instructions indicating that the report, together with the vehicle, shall be brought to any inspection station or other authorized inspection facility to receive an inspection as required under s. Trans 131.14 (2), if required.

Trans 131.14(5)(g) (g) Information describing the remote sensing test.

Trans 131.14(5)(h) (h) Explanation of both the legal requirements and registration penalties for failure to comply with an inspection notice.

Trans 131.14(5)(i) (i) Other information that the department may decide to include to improve understanding of the remote sensing test.