N.J. Admin. Code § 7:27-15.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-15.5 - Motor vehicle inspections

(a) The owner of a motor vehicle subject to this section pursuant to 7:27-15.2 shall ensure that the motor vehicle is inspected at the frequency required by the MVC at 39:8-2. This inspection includes an initial inspection, together with any reinspections required pursuant to (g) below.

(b) Initial inspections and reinspections are performed at an inspection facility or other location determined by the MVC pursuant to N.J.S.A. 39:8-2.

(c) A motor vehicle inspection is not complete until the motor vehicle passes all of the tests and satisfies all of the requirements, as specified in (e) and (f) below, as applicable, that constitute the inspection or reinspection.

(d) The motor vehicle shall be inspected as presented at the inspection facility or other MVC-determined location, as specified in (b) above, without repair or adjustment prior to the inspection.

(e) Except as set forth in (f) below, a motor vehicle inspection shall include the following:

1. A visible smoke test conducted in accordance with 7:27B-5.3(a);

2. For an OBD-eligible motor vehicle, an OBD inspection utilizing motor vehicle testing equipment approved by the Department and conducted in accordance with 7:27B-5.6;

3. For an LDGV, LDGT or HDGV of model year 1975 or later, an emission control apparatus compliance examination conducted in accordance with 7:27B-5.5;

4. A visual fuel leak test conducted in accordance with 7:27B-5.4;

5. For any motor vehicle that is subject to a recall notice issued to the owner on or after January 1, 1995, pursuant to either a "Voluntary Emissions Recall" as defined at 40 CFR 85.1902(d) or to a remedial plan determination made pursuant to 42 U.S.C. § 7541(c), the provision by the owner of the motor vehicle of documentation that all applicable recall repairs have been completed; provided, however, for any recall notice received fewer than 60 days prior to inspection, this documentation may, instead, be provided at the next scheduled vehicle inspection; and

6. A visual fuel cap test conducted in accordance with 7:27B-5.7.

(f) For an OBD-eligible motor vehicle, an inspection may consist solely of an OBD inspection in accordance with (e)2 above if the inspection is conducted as part of a pilot test.

(g) The owner of a motor vehicle that fails to pass all of the tests that constitute a motor vehicle inspection pursuant to (e) above shall have it reinspected in accordance with every applicable element of (e) above by the deadline specified by the MVC at 13:20-7.5, 7.6(a), or 43.14(g), as applicable. Operation of the motor vehicle upon the public roads, streets, or highways of the State or any public or quasi-public property in the State is prohibited pursuant to 7:27-15.3(c) unless, by the deadline established by the MVC at 13:20-7.5, 7.6(a), or 43.14(g), as applicable, the motor vehicle passes all of the tests and meets all the requirements that constitute the inspection or reinspection.

(h) A motor vehicle inspection test using remote sensing techniques shall include the following:

(Reserved)

(i) Each year MVC shall conduct a program evaluation test, which shall entail additional testing for at least 0.1 percent of those motor vehicles subject to inspection during that year. The motor vehicles subject to the program evaluation testing shall be selected by the MVC in accordance with its procedures. The results of the program evaluation test shall not be used in determining whether a motor vehicle has passed or failed its motor vehicle inspection with regard to exhaust emissions.

(j) A motor vehicle that is not equipped with an OBD system is not OBD-eligible. A motor vehicle of model year 1996 or later that is equipped with an OBD system will be presumed to be eligible for an OBD inspection unless it meets one of the following criteria:

1. The motor vehicle has a DLC which is in a location not readily accessible during a typical inspection procedure, provided that the DLC is in its original configuration as supplied by the motor vehicle manufacturer and has not been obstructed, damaged, removed or modified;

2. The motor vehicle OBD system, as designed by the motor vehicle manufacturer, has difficulty setting or maintaining an adequate number of readiness monitors;

3. The motor vehicle OBD system, as designed by the motor vehicle manufacturer, employs a communications protocol which is currently incompatible with approved motor vehicle testing equipment; or

4. The motor vehicle is otherwise identified by the EPA or the Department as not technologically or functionally capable of OBD inspection.

(k) The Department maintains a list of makes and model years of motor vehicles that it has determined to not be OBD-eligible, based on the criteria at (j) above. A copy of this list is available from the Department by contacting the Bureau of Mobile Sources at (609) 292-7953 and can also be viewed and downloaded from the Department's website at www.stopthesoot.org.

N.J. Admin. Code § 7:27-15.5

Amended by 48 N.J.R. 2049(a), effective 10/3/2016