WSR 00-16-079

EXPEDITED ADOPTION

DEPARTMENT OF ECOLOGY


[ Order 00-15 -- Filed July 28, 2000, 3:47 p.m. ]

Title of Rule: WAC 173-422-031 Vehicle emission inspection schedule and 173-422-170 Exemptions.

Purpose: Comply with revisions to state law regarding when emission inspections of vehicles can be required.

Statutory Authority for Adoption: RCW 70.120.120.

Statute Being Implemented: RCW 46.16.015 [(2)](j).

Summary: State which model-year vehicles are required to have an emission inspection in a given year.

Reasons Supporting Proposal: Needed to comply with revisions to state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Raymond, Olympia, (360) 407-6856.

Name of Proponent: Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule revision is to comply with changes in state law regarding which vehicles are required to be emission inspected. The testing schedule and exemptions provisions are changed accordingly. Some vehicle owner confusion is expected because of these changes.

Proposal Changes the Following Existing Rules: The present rule incorrectly requires the inspection of some vehicles not yet five years old. While this mistake has been corrected administratively, a rule revision is needed that states when different model-year vehicles are required to have an emission inspection.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY October 3, 2000.


July 28, 2000

Daniel Silver

Deputy Director

OTS-4022.3


NEW SECTION
WAC 173-422-031
Vehicle emission inspection schedules.

(1) Vehicles five through twenty-five years old, other than state and local government vehicles, shall be inspected every other year as described in the table below. This does not apply to vehicles that have already been inspected during the current licensing period due to a change of ownership.


Year Model Year of Vehicles Needing Inspection
2000 1976, 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994
2001 1977, 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996
2002 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997
2003 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998
2004 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999
2005 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000
2006 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001
2007 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002
2008 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003
2009 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004
2010 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005

(2) State and local government vehicles five through twenty-five years old shall be inspected yearly as described in the table below.


Year Model Year of Vehicles Needing Inspection
2000 1975 through 1995
2001 1976 through 1996
2002 1977 through 1997
2003 1978 through 1998
2004 1979 through 1999
2005 1980 through 2000
2006 1981 through 2001
2007 1982 through 2002
2008 1983 through 2003
2009 1984 through 2004
2010 1985 through 2005

[]


AMENDATORY SECTION(Amending Order 99-19, filed 11/22/99, effective 12/31/99)

WAC 173-422-170
Exemptions.

The following motor vehicles are exempt from the inspection requirement:

(1) Vehicles proportionally registered pursuant to chapter 46.85 RCW.

(2) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale; this does not exempt motor vehicles that are or have been leased.

(3) Motor vehicles that use propulsion units powered exclusively by electricity.

(4) Motor-driven cycles as defined in chapter 46.04 RCW as amended.

(5) Farm vehicles as defined in chapter 46.04 RCW as amended.

(6) Vehicles not required to be licensed.

(7) Mopeds as defined in chapter 46.04 RCW as amended.

(8) Vehicles garaged and operated out of the emission contributing area.

(9) Vehicles registered with the state but not for highway use.

(10) Used vehicles at the time of sale by a Washington licensed motor vehicle dealer.

(11) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas and so registered by the department of licensing.

(12) Motor vehicles whose manufacturer or engine manufacturer provides information that the vehicle cannot meet emission standards because of its design. In lieu of exempting these vehicles, alternative standards and or inspection procedures may be established.

(13) Motor vehicles whose registered ownership is being transferred between parents, siblings, grandparents, grandchildren, spouse or present co-owners and all transfers to the legal owner or a public agency.

(14) ((To ensure a biennial inspection of vehicles registered in the emission contributing areas, motor vehicles with model year matching (even to even, odd to odd) the expiration year of the license being purchased. This exemption does not apply to vehicles being inspected because the registered owner is being changed. However, (a) an emission inspection used to change the registered owner may also be used to renew the current license; (b) an emission inspection used to obtain the current license may also be used to change the registered owner.

(15) When the difference between the model year of the vehicle and the expiration year of the license being purchased is four or less.

(16) When the difference between the model year of the vehicle and the expiration year of the license being purchased is twenty-six or greater.)) Vehicles less than five years old.

(15) Vehicles more than twenty-five years old.

[Statutory Authority: RCW 70.120.080, 70.120.170 (4)(a), 46.16.015 (2)(h) and 70.120.120. 99-24-021 (Order 99-19), 173-422-170, filed 11/22/99, effective 12/31/99. Statutory Authority: Chapter 70.120 RCW. 96-23-030 (Order 96-11), 173-422-170, filed 11/15/96, effective 12/16/96; 96-21-029 (Order 95-11), 173-422-170, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), 173-422-170, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), 173-422-170, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), 173-422-170, filed 5/3/93, effective 6/3/93; 90-06-062, 173-422-170, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), 173-422-170, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), 173-422-170, filed 12/31/81; 80-03-070 (Order DE 79-35), 173-422-170, filed 2/28/80.]

Washington State Code Reviser's Office