Trans 131.11 HistoryHistory: 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 131.12Trans 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 HistoryHistory: 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(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)(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)(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 HistoryHistory: 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(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)(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(4)(4) Emission standards. Vehicles that exceed the standards shown in Table 1 shall fail the remote sensing test: Trans 131.14 NoteNote: 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)(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)(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. Trans 131.14(6)(6) Remote sensing equipment specifications and maintenance. Trans 131.14(6)(a)(a) All equipment utilized for remote sensing emission measurement shall be calibrated and maintained according to the manufacturer’s specifications or as superseded by contract. Trans 131.14 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; CR 07-114: am. (1), (2) (a), (4) and (5) (f) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (3) (title) and (5) (a), (b) and (e) Register December 2010 No. 660, eff. 1-1-11. Trans 131.15Trans 131.15 Performance monitoring of repair facilities. Trans 131.15(1)(1) General. The department, through its emission inspection contractor, shall both collect emission repair data and inform the public and automotive repair industry regarding repair efficacy. Trans 131.15(2)(2) Data collection. Whenever a nonexempt vehicle receives a reinspection, the contractor shall collect the following emission repair information from the vehicle inspection report as required by s. Trans 131.03 (11): Trans 131.15(2)(b)(b) Any technician recommended repairs not performed, per owner’s request. Trans 131.15(2)(e)(e) The identification number, if available, of the recognized repair facility or recognized automotive emission repair technician, or both. Trans 131.15(3)(a)(a) The contractor shall compile a report which includes the emission repair facility name, address, telephone number, number of vehicles submitted for reinspection, and percentages indicating the number of vehicles that have passed, failed, and received waivers after repair. Trans 131.15(3)(b)(b) Beginning in the third month of the vehicle emission inspection program, the contractor shall produce a summary report of the performance of local repair facilities that have repaired vehicles for reinspection. The report shall be provided to the motorist at the time of initial vehicle emission inspection failure. The report shall be updated on a quarterly basis. Trans 131.15(3)(c)(c) Repair facilities shall receive summary reports at least quarterly. Reports to the repair facility shall include all information made available to the public and may include reports on individual technicians if so requested by the employing repair facility. Trans 131.15(3)(d)(d) The department may include additional statistics that convey information on the relative ability of repair facilities in providing effective emission repair. Trans 131.15 HistoryHistory: Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 10-088: am. (1) Register December 2010 No. 660, eff. 1-1-11. Trans 131.16Trans 131.16 Automotive emission repair technician training. Trans 131.16(1)(1) General. The department, in cooperation with community and technical colleges located in counties certified under s. 110.20 (5) (a), Stats., shall establish guidelines for assessing programs for automotive emission repair technician education and training available at both public and private facilities. The department shall designate programs that meet these guidelines as Wisconsin emission technician training, or WISETECH, programs. Any public or private facility offering automotive emission repair technician training may request WISETECH designation from the department. Trans 131.16(2)(2) Criteria. To meet WISETECH standards, training courses shall, at a minimum, include instruction in: Trans 131.16(2)(a)(a) Diagnosis and repair of malfunctions in computer controlled close-loop vehicles. Trans 131.16(2)(b)(b) Application of emission control theory and diagnostic data to the diagnosis and repair of vehicles failing OBD inspection. Trans 131.16(2)(c)(c) Utilization of diagnostic information on systematic or repeated failures observed in OBD inspection. Trans 131.16(2)(d)(d) General training on the various subsystems related to engine emission control. Trans 131.16(3)(3) Equipment. Both private and public facilities offering WISETECH designated automotive emission repair training courses shall have available, and maintain in good working condition, tools and equipment necessary for the proper diagnosis, adjustment and repair of all nonexempt vehicles. All equipment utilized in the training courses shall be maintained according to the manufacturer’s specifications. Trans 131.16(4)(4) Program recognition. Programs shall be designated as meeting WISETECH standards if in compliance with one of the following: Trans 131.16(4)(a)(a) The department approves the course curricula, equipment and facility. Trans 131.16(4)(b)(b) The training facility presents documentation that the course meets National Automotive Technician Education Foundation, Inc., standards. Trans 131.16(5)(a)(a) A person successfully completing all phases of a WISETECH training program shall achieve the designation of “recognized automotive emission repair technician” as defined in s. Trans 131.02 (38). Trans 131.16(5)(b)(b) A person who satisfactorily completes a WISETECH approved automotive emission training course shall receive from the organization providing the training, an identification card which states the technician’s name, the name and location of the course, the date of completion and a WISETECH identification number. Trans 131.16(6)(6) Reporting. Both private and public facilities offering WISETECH automotive emission repair training courses shall supply the department with the names of the persons registered in their course, the percentage successfully passing the course and the names and WISETECH identification numbers of those passing. Trans 131.16(7)(7) Supplemental training. The department may authorize periodic supplemental training as a requirement for a person to maintain the status of WISETECH automotive emission repair technician. Trans 131.16(8)(a)(a) WISETECH training programs are subject to periodic monitoring by the department or its representative to assure that courses continue to meet WISETECH standards. Trans 131.16(8)(b)(b) The department may use performance monitoring as described in s. Trans 131.15 to evaluate both the emission repair success of the technicians and the effectiveness of WISETECH designated courses.
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