Section NR 485.07 - Inspection requirement for motor vehicle tampering(1) APPLICABILITY. This section applies to any motor vehicle which is subject to an air pollution control equipment inspection under s. 110.20(6) (b), Stats., or which is inspected for tampering of air pollution control equipment.(2) RECORDS AND COMPLIANCE. DOT or its designee shall maintain a record of vehicles failing the tampering inspection conducted under either s. 110.20(6) (b), Stats., or any other enforcement mechanism. DOT may not register or renew registration of a failed vehicle until evidence of repair, replacement or restoration of the failed or missing parts is provided to DOT or its designee, and DOT or its designee reinspects the vehicle for the failed or missing parts.(3) FULL TAMPERING INSPECTION PROCEDURE. (a) Full tampering inspections shall consist of a visual check for the presence and proper connection of the following air pollution control equipment: the positive crankcase ventilation (PCV) valve and connections; the evaporative emissions control canister; the exhaust system catalytic converter and oxygen sensor; the exhaust gas recirculation (EGR) assembly; the air pump, belts and hoses or the air injector assembly; the fuel inlet restricter; a properly seated gas tank fill cap; and the thermostatic air cleaner/filter assembly. A vehicle shall fail the tampering inspection if this check indicates any evidence of tampering.(b) Full tampering inspections shall also include a visual check of the status and operation of any emission service indicator light which has been installed on the motor vehicle by the manufacturer prior to sale. A vehicle shall fail the tampering inspection if the status of this light indicates an emission malfunction or if the light is not operational.(c) Full tampering inspections may also include a test for the presence of lead deposits in the tailpipe if the vehicle is required to use unleaded gasoline. Evidence of the use of leaded fuel in vehicles requiring the use of unleaded fuel as shown by the presence of lead in the tailpipe, the presence of leaded fuel in the gas tank or evidence of current or previous tampering with the fuel inlet restricter shall constitute tampering with the catalytic converter and the exhaust oxygen sensor if the vehicle originally had that equipment. When evidence of fuel inlet tampering is found, and a tailpipe lead test indicates the absence of lead deposits, DOT or its designee may waive the requirement to repair, replace or restore the catalytic converter and oxygen sensor equipment if the following conditions are met:1. A full tampering inspection of the vehicle indicates no additional tampering.2. The owner of the vehicle provides evidence to DOT or its designee that the catalytic converter and oxygen sensor were replaced subsequent to April 1, 1988, or the owner provides evidence to DOT or its designee that a previously tampered with but partially restored and functional fuel inlet restricter was installed in the vehicle prior to or concurrently with the replacement of the catalytic converter and oxygen sensor, or DOT or its designee determines that the particular vehicle model is on a list of vehicle models that chronically fail the fuel inlet restricter test due to improper new vehicle equipment design, improper new vehicle equipment installation or normal extended wear.(4) SUBSTITUTE PROCEDURE. Upon written department approval granted to DOT, a partial tampering inspection procedure may be substituted for the full inspection procedure in sub. (3), provided that use of the substitute procedure maintains the inspection program effectiveness in terms of adequate pollution reduction and adequate identification and repair of tampered and misfueled vehicles and improperly maintained emission control equipment.(5) PROCEDURE REVIEW. The department shall review the tampering inspection procedure in effect prior to each DOT inspection contract or contract extension. Upon such review, the department may withdraw or alter any substitute procedure approved under sub. (4).Wis. Admin. Code Department of Natural Resources NR 485.07
Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (4) (a) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; am. (1), (2), (3) (a) and (5), r. (3) (c), renum. (3) (b) to be (3) (c) and am. (intro.), cr. (3) (b), r. and recr. (4), Register, December, 1995, No. 480, eff. 1-1-96; am. (3) (c) (intro.), Register, January, 1997, No. 493, eff. 2-1-97.