STATE OF TEXAS

DEPARTMENT OF PUBLIC SAFETY

AUSTIN

VEHICLE EMISSIONS

INSPECTION & MAINTENANCE

RULES & REGULATIONS MANUAL

FOR

OFFICIAL VEHICLE INSPECTION STATIONS

AND

CERTIFIED INSPECTORS

VI-51 (Rev. 11/07)
TABLE OF CONTENTS

CHAPTER 1 INTRODUCTION

CHAPTER 2 ACCELERATION SIMULATION MODE 2 (ASM2)

CHAPTER 3 ON-BOARD DIAGNOSTICS II (OBDII) INSPECTION

CHAPTER 4 TWO-SPEED IDLE (TSI) INSPECTION PROCEDURE

(EL PASO, TRAVIS, & WILLIAMSON COUNTIES ONLY)

CHAPTER 5 REFERENCE SECTION
CHAPTER ONE

INTRODUCTION

INTRODUCTION 01.05.00 p. 1-1

I/M PROGRAMS OVERVIEW 01.10.00 p. 1-1

Purpose 01.10.01 p. 1-1

Objective 01.10.02 p. 1-1

Goal 01.10.03 p. 1-1

I/M PROGRAM DESIGN 01.15.00 p. 1-1

I/M PROGRAM APPLICABILITY 01.20.00 p. 1-1

LAYOUT OF MANUAL 01.25.00 p. 1-1

PUBLICATION AUTHORITY 01.30.00 p. 1-2

OBLIGATION TO ADHERE TO MANUAL 01.35.00 p. 1-2
01.05.00 INTRODUCTION

This manual provides the departmentʼs instruction to inspection stations and inspectors for conducting the vehicle emissions inspection in counties with vehicle emissions inspection and maintenance (I/M) programs. This manual supplements the “Rules and Regulations Manual for Operation of

Official Vehicle Inspection Stations,” which provides

instructions for the annual safety inspection in those counties.

01.10.00 PROGRAM OVERVIEW

01.10.01 Purpose. The purpose of the stateʼs I/M program is to ensure compliance with the requirements of

the Federal Clean Air Act, U.S. Environmental Protection

Agency (EPA) regulations, the Texas Clean Air Act, and

the State Implementation Plan regarding vehicle emissions in affected counties.

01.10.02 Objective. The objective of the I/M program is

the reduction of air pollution from motor vehicles by

means of various emissions inspections to determine

compliance with established emissions standards, and to

ensure that necessary repairs are completed.

01.10.03 Goal. The goal of the I/M program is for the

State of Texas to meet the National Ambient Air Quality

Standard (NAAQS).

01.15.00 I/M PROGRAM DESIGN

The design of the IM program is to concentrate on specific

pollutants found in vehicle exhaust emissions. Those pollutants are carbon monoxide (CO), hydrocarbons (HC), and

nitrogen oxides (NOx). It is one of many similar programs in

counties across the U.S. having air quality below the

National Ambient Air Quality Standard.

Carbon monoxide is a colorless, odorless, and tasteless gas

sometimes found in urban areas in concentrations that can

be harmful to people. It is a by-product of combustion and

the automobile is the single largest source of this pollutant.

Hydrocarbons are organic compounds composed of hydrogen

and carbon. The energy in such compounds is released

when combined with oxygen during combustion. Most

engine fuels, such as gasoline, propane, methane, etc.,

contain hydrocarbons and some portion remains after

combustion. Hydrocarbons and nitrogen oxides react with

sunlight and warm temperatures to form ground-level ozone.

Ground-level ozone, a main ingredient in smog, can cause

upper respiratory problems and lung damage.

Nitrogen oxides, or NOx, is the generic term for a group of

highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. Many of the nitrogen oxides are colorless and odorless. However, one common pollutant, nitrogen dioxide (NO2), along with particles in the air, is often

seen as a reddish-brown haze (smog) over many urban

areas. During combustion, high heat and pressure will

cause nitrogen to combine with unused oxygen.

The specific vehicle emissions test used in the I/M program

area or county focuses on the pollutant problem of the area.

01.20.00 I/M PROGRAM APPLICABILITY

The I/M program is applicable in all affected counties. The

term "affected counties" applies to all counties classified as

nonattainment, where the State ImplementationPlan (SIP)

requires an I/M program and “participating” counties that

voluntarily enter the program in an effort to avoid classification

as non-attainment.

In this manual, the affected counties are located in the

following areas: Dallas/Ft Worth area (Collin, Dallas,

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and

Tarrant counties), Houston/Galveston area (Brazoria, Ft

Bend, Galveston, Harris, & Montgomery counties), El Paso

area (El Paso County), and the Austin area (Travis and

Williamson counties).

In El Paso, Travis and Williamson counties, the I/M program

focuses on the reduction of carbon monoxide and hydrocarbon emissions. In all other affected counties, the focus is

the reduction of carbon monoxide, hydrocarbon, and oxides

of nitrogen emissions from designated vehicles.

01.25.00 LAYOUT OF MANUAL

This manual consists of five (5) chapters. Chapter 1 is an

introductory chapter, which explains the purpose and goals

of the program. Chapter 2 describes the Acceleration

Simulation Mode 2 (ASM2) emissions test performed on

1995 and older designated gasoline powered vehicles in all

affected counties except El Paso, Travis and Williamson

counties. Chapter 3 describes the On-Board Diagnostic

Second Generation (OBDII) emissions test performed on

1996 and newer designated gasoline powered vehicles in all

affected counties. Chapter 4 describes the Two Speed Idle

Test (TSI), which is the type of emissions test performed on

all 1995 model year and older designated vehicles in El

Paso, Travis and Williamson counties. Chapter 5 is a reference section. Additionally, Chapter 5 contains Rule 23.93

(37 TAC §23.93), which incorporates this manual into the

Texas Administrative Code.

1-1
01.30.00 PUBLICATION AUTHORITY

This manual is promulgated under the authority of the Texas

Transportation Code, Chapter 548, the Texas Health and

Safety Code, Chapter 382 (Texas Clean Air Act), and administrative rules adopted by the Department of Public Safety.

01.35.00 OBLIGATION TO ADHERE TO MANUAL

Failure to comply with any law, rule, regulation, or provision

of this manual pertaining to vehicle emissions inspection will

result in adverse administrative action that may result in the

denial, suspension, or revocation of your inspection

authority, and/or criminal charges when applicable.

1-2
CHAPTER TWO

ACCELERATION SIMULATION MODE 2 (ASM2)

INSPECTION PROCEDURE

THIS CHAPTER IS INTENTIONALLY LEFT

BLANK IN El PASO, TRAVIS & WILLIAMSON COUNTIES
CHAPTER TWO

ACCELERATION SIMULATION MODE 2 (ASM2)

INSPECTION PROCEDURE

ACCELERATION SIMULATION MODE 2

(ASM2) EMISSIONS INSPECTION 02.05.00 p. 2-1

ASM2 Test Protocol 02.05.02 p. 2-1

Station Requirements for ASM2 Testing 02.05.03 p. 2-1

Testing Data Collection 02.05.04 p. 2-1

CERTIFIED INSPECTORS 02.10.00 p. 2-1

ASM2 TESTING APPLICABILITY 02.15.00 p. 2-2

INSPECTION CERTIFICATES 02.20.00 p. 2-2

ASM2 INSPECTION DETAILS 02.25.00 p. 2-3

FEES 02.30.00 p. 2-5

REPORTS 02.35.00 p. 2-5

ANALYZER LOCKOUTS 02.40.00 p. 2-5

APPROVED EQUIPMENT 02.45.00 p. 2-5
02.05.00 ACCELERATION SIMULATION MODE 2

(ASM2) EMISSIONS INSPECTION

02.05.01 GENERAL

The primary vehicle emissions analyzer certified by

the Texas Commission on Environmental Quality

(TCEQ) is capable of performing all emissions tests

required by the Texas I/M program. The tests are the

Acceleration Simulation Mode 2 (ASM2), On-Board

Diagnostic II (OBDII), and Two-Speed Idle (TSI). The

analyzer software is designed to administer the

required emissions test. This analyzer must be used

for inspections in all affected counties except those

stations with an OBD-only waiver.

This chapter describes the procedures used by certified inspectors in conducting the Acceleration

Simulation Mode 2 (ASM2) emissions inspection on

designated vehicles in affected counties.

02.05.02 ASM2 TEST PROTOCOL

The Acceleration Simulation Mode 2 (ASM2) is a

loaded-mode emissions test using a five-gas analyzer

and dynamometer (a treadmill-like device for the front

or rear traction tires of the vehicle). It measures

exhaust emissions for levels of hydrocarbon, carbon

monoxide, and nitrogen oxides.

This I/M program uses an ASM test with two modes,

hence the use of “2” as a suffix. In the 50/15 mode,

the vehicle is tested on the dynamometer simulating

the use of 50% of the vehicle available horsepower to

accelerate at a rate of 3.3 miles per hour (mph) per

second to a constant speed of 15 mph. In the 25/25

mode, the vehicle is tested on the dynamometer simulating the use of 25% of the vehicle available horsepower to accelerate at a rate of 3.3 mph per second to

a constant speed of 25 mph.

In this manual, the term “ASM” shall refer to the

Acceleration Simulation Mode 2 (ASM2) test.

02.05.03 STATION REQUIREMENTS FOR ASM

TESTING

In addition to all equipment required to perform safety

inspections, all inspection stations performing

Acceleration Simulation Mode (ASM) emissions testing must also have a minimum of the following:

1. A five-gas analyzer and dynamometer with gas

cap tester certified by TCEQ.

2. Approved Bar 97 Hi and Low calibration gas for

the analyzer.

3. A designated telephone line dedicated solely to

each analyzer in the program.

4. The engine cooling fan provided by the analyzer

manufacturer or a replacement fan meeting the

original equipment specifications; i.e. maximum

outside diameter of 30 inches, and a minimum CFM

rating of 3000 cfm.

5. An adequate supply of printer supplies.

6. All required analyzer manuals.

7. A business arrangement with the Texas Information Management Systems (TIMS) contractor to

obtain a telecommunications link to the Vehicle

Information Database (VID).

Note: If the inspection station fails to pay its data

link fees to the contractor, then the analyzer will be

locked out from any further inspections until the

problem is resolved.

02.05.04 TESTING DATA COLLECTION

All certified emissions inspection stations must report

the results of emissions testing, since the collection

and reporting of accurate vehicle emissions testing

data has significant importance for the inspection and

maintenance (I/M) program.

Each analyzer is allowed a certain number of off-line

inspections since occasional telephone line problems

may occur. After restoration of the telephone link, the

off-line data will be sent to the VID. However, when

the analyzer exceeds the off-line inspection limit the

analyzer will be locked out from any further inspections until the problem is resolved. Failure to reestablish the telecommunications link to the VID will result

in either suspension or revocation of the inspection

station license.

02.10.00 CERTIFIED INSPECTORS

Only certified inspectors who have completed training with

either DPS or a DPS approved outside training school and

received a certified vehicle inspector access ID card (scan

card) may perform vehicle emissions testing.

2-1
02.15.00 ASM TESTING APPLICABILITY

ASM emissions testing will be performed in the following

counties:

1. Brazoria,

2. Collin,

3. Dallas,

4. Denton,

5. Ellis,

6. Ft Bend,

7. Galveston,

8. Harris,

9. Johnson,

10.Kaufman,

11. Parker,

12. Rockwall,

13. Montgomery, and

14. Tarrant.

ASM emissions testing is performed on all motor vehicles

that are:

1. capable of being powered by gasoline (except

motorcycles),

2. model years 1995 and older, to and including 24

years old, and

3. presented for annual safety inspection; or

4. required by state law.

Note: Examples of “required by state law” are:

1. Department of Public Safety directs that a vehicle

receive an out-of-cycle emissions test,

2. vehicle requires an emissions test on resale, or

3. a public college or university requires emissions

testing prior to issuance of a school parking permit.

ASM emissions inspections will be performed on other vehicles, as the Department of Public Safety shall direct.

02.20.00 INSPECTION CERTIFICATES

The following inspections will be entered into the analyzer at

all certified ASM emissions inspection stations.

1. Safety only

2. Two Year Safety (new car and light duty truck)

3. Safety and Emissions

4. Emissions only

5. Federal Motor Carrier Safety Regulations (commercial windshield and trailer inspections)

6. Trailer/Motorcycle

The department approved “ASM Safety and Emissions

Certificate” will be issued to vehicles passing the safety and

ASM emissions inspection, with the following exceptions.

1. Vehicles model year 1996 and newer (OBDII) that

would not be eligible to receive an ASM emissions

inspection, but where DPS notifies inspection stations

to perform the emissions inspection using the ASM

emissions test on these specific vehicles.

These vehicles, and only these specific vehicles, will

receive a department approved “OBD Safety and

Emissions Certificate” after passing both the safety

and ASM emissions inspection.

2. Vehicles qualifying under DPS rules for a “unique

emissions-test-only inspection certificate.” These

vehicles are exempt from the annual safety inspection

or not required to be emissions tested at the time of the

safety inspection. Specifically, a unique emissionstest-only inspection certificate shall be issued to:

a. Federal Vehicles (not registered in Texas).

Federal government or quasi-governmental agency

vehicles that are primarily operated in affected

counties, but do not display Texas license plates,

are exempt from the annual safety inspection; however, they shall be required to comply with all vehicle emissions requirements.

b. Out-of-State Registered Vehicles (for out-ofstate registration purposes only). Vehicles registered in another state, that require an emissions test

for registration purposes in that state, may be emissions tested and issued an emissions-test-only

inspection certificate.

2-2
c. Commercial Motor Vehicles Requiring an

Emissions Test. A motor vehicle requiring a

Federal Motor Carrier Safety Inspection, that

meets the definition of a designated vehicle, must

pass an emissions inspection and display a unique

emissions-test-only inspection certificate on the

lower left-hand corner of the windshield, immediately

above the registration certificate, prior to receiving a

commercial vehicle inspection certificate. The commercial vehicle inspection must be performed within 15 calendar days of the issuance of the emissions-test-only inspection certificate. The inspector

shall not remove the unique emissions-test-only

certificate when the new commercial inspection certificate is issued.

d. College Students Away From Home.

(1) A vehicle, registered in an affected county,

operated by a college student that was issued a

safety-only inspection in a non-affected county,

and upon return to the affected county who

requests an emissions-only inspection.

(2) A vehicle, registered in a non-affected county

or out of state, operated by a college student,

where the public institution of higher learning is

located in affected county and requires vehicles

to be emissions tested as a condition to receive

a permit to park or drive on the grounds of the

institution.

e. Current Safety or Safety and Emissions

Inspection. A vehicle with a valid inspection certificate, either safety only or safety and emissions,

directed by DPS to undergo an emissions inspection (usually as a result of DPS on-road emissions

testing).

3. Only the fee for the emissions test will be charged

for emissions tests performed on the vehicles listed

above.

Note: All unique emissions-test-only inspection certificates

expire at the same time the safety-only inspection

certificate expires or the last day of the month indicated

on the back of the certificate and year indicated by the

hole punch on the unique emissions test-only inspection

certificate, or whichever occurs first.

02.25.00 ASM2 INSPECTION DETAILS

Order of inspection:

1. Conduct a preliminary examination of the vehicle to

ensure that it can be tested on the ASM analyzer without hazard. Check the following items:

a. vehicle drive tires: both drive tires are

approximately the same size (no space-saver

spare), look for the presence of bulges, cord showing, or any other defects that could cause a safety

hazard on the dynamometer; and

b. presence of leaks (fuel, substantial coolant, or

oil).

Note: Do not proceed with either the safety or emissions inspection if the vehicle fails the preliminary

examination.

2. If necessary, prepare the analyzer for testing.

a. Leak checks and gas cap calibrations are

required every 24 hours. Leak checks may only be

performed by capping the ends of the probe. If the

analyzer fails the leak check or gas cap calibration test, no inspection may be performed until

the problem is repaired.

b. Gas calibrations and dynamometer calibrations

are required every 72 hours.

3. Scan the inspector ID card and enter the inspector

pin number, then select the type of inspection to be

performed.

4. Follow the screen prompts, answering questions

and entering required data.

a. The inspector must enter all required information

as accurately and correctly as reasonably possible.

Incorrect information may cause inaccurate test

results.

b. Any vehicle information displayed on the analyzer screen that is incorrect will be corrected by the

inspector before continuing to the next screen.

5. Conduct a complete safety inspection, if required.

6. When prompted, the inspector should restrain the

vehicle when operating it on the dynamometer.

a. Restrain front wheel drive vehicles with lateral

wheel restraints, tie down straps, wheel chocks, and

the park brake.

b. Restrain rear wheel drive vehicles with lateral

wheel restraints, tie down straps, and wheel chocks.

7. When prompted by the analyzer, the inspector must

place the engine cooling fan in front of the vehicle to

aid in engine cooling.

8. If the vehicle has dual exhausts, then insert probes

into both pipes.

9. The analyzer requires a RPM signal from the vehicle.

2-3
a. During testing, the minimum RPM for automatic

transmissions is 100 RPM. The minimum RPM for

standard transmissions is 1250 RPM. The maximum

RPM for either is 3000 RPM.

b. If the length of the vehicle prevents the use of the

analyzer tachometer lead when the exhaust probe

is placed in the tail pipe, then a RPM bypass is

approved. The authority to bypass any other RPM

signals may only be granted by DPS.

10. Follow the screen prompts to conduct a complete

emissions inspection using the ASM five-gas analyzer

and dynamometer except under the following conditions:

a. Vehicle has All Wheel Drive, Full Time 4 Wheel

Drive, Non-disengageable Traction Control, or

b. Gross Vehicle Weight (GVW) greater than 8500

pounds.

c. Under both conditions, the dynamometer cannot

be utilized. When this information is entered into

the analyzer, it will automatically prompt the inspector to conduct a Two-Speed Idle (TSI) test.

The analyzer will prompt the inspector, step by step,

through a Two-Speed Idle (TSI) test.

NOTE: Vehicles too large to fit into a standard inspection bay can be inspected outside the building, as close

to the analyzer as possible, in an area approved by a

department representative.

11. Gas Cap Testing. Every gasoline-powered vehicle

from 2-24 model years old will be checked for presence of a gas cap and then tested by a department

approved “gas cap testing device” to determine if the

gas cap is defective. The following vehicles are

exempt:

a. Antique vehicles.

b. Slow-moving vehicles.

c. Motorcycles.

d. Vehicles operated exclusively by a fuel other than

gasoline.

e. Vehicles newer than two (2) years old and older

than 24 years old.

A. Inspection Procedure.

a. Conduct daily calibration check of gas cap testing

device.

b. Check for presence (all gas caps must be present).

c. Check for correct type of gas cap(s).

d. Remove gas cap(s) and test using an approved

testing device. (Gas cap present but not testable

will not be cause for rejection.)

e. Any gas cap(s) failing the initial test will be tested

a second time to verify failure.

B. Inspect for and reject if:

a. Vehicle not equipped with required gas cap(s).

b. Vehicle not equipped with proper type gas cap(s).

c. Gas cap(s) fails both tests.

12. Emissions test results are automatically recorded

as pass/fail.

13. If the vehicle passes the required inspections, then

the analyzer will prompt the inspector to enter the certificate number.

a. Use an ASM certificate only for a Safety and

Emissions inspection, except as otherwise directed

by DPS.

b. Use the unique Emissions-Test-Only inspection

certificate for an emissions-only inspection.

14. The inspector must give a copy of the test results

to the motorist. The inspector conducting the test will

sign the test results.

Texas Transportation Code, Section 548.053, states “If

an inspection discloses the necessity for adjustment,

correction, or repair, an inspection station or inspector

may not issue an inspection certificate until the adjustment, correction, or repair is made.”

If a vehicle fails any item of inspection, the inspector

shall enter the reason for rejection in the space provided on the rejection receipt (VI-7) by typing it in while

the rejection receipt is displayed on the analyzer or by

handwriting it in after the rejection receipt is printed by

the analyzer. The inspector shall verbally explain the

reason for the rejection and mark a large “X” on the

back of the certificate currently displayed on the vehicle.

A vehicle presented for re-inspection within 15 days, not

counting the day of inspection, will be inspected using the

re-inspection menu only.

The inspector shall provide the motorist whose vehicle

has failed with the following:

2-4
1. Rejection receipt,

2. Emissions test results (VIR) signed by the inspector

conducting the test,

3. Vehicle Repair Form (VRF),

4. Brochure, “What to do if my vehicle fails the emissions test,” and

5. A list of Recognized Emissions Repair Facilities of

Texas.

02.30.00 FEES

An emissions inspection fee may be charged for those

vehicles requiring the vehicle emissions inspection. This fee

is in addition to any fee charged for conducting a Safety or

Federal Motor Carrier Safety Regulations Inspection. Refer

to Chapter 5 for current fees.

1. If the inspection is aborted due to one of the following reasons: loss of oil pressure, loss of coolant or

overheating, fuel system leak, excessive engine noise,

or other safety problem, i.e., a tire failure, and the

appropriate reason is checked on the screen, then the

entire inspection will be recorded as a failure and the

station will be allowed to collect the entire inspection

fee.

2. If the inspection is aborted due to one of the following

reasons: no inspection required, analyzer problem,

low flow rate, or other equipment failure, and the

appropriate reason is checked on the screen, then the

entire inspection will be recorded as an abort and the

station will not be allowed to charge or collect any

inspection fee.

02.35.00 REPORTS

The station inspection log/report will be printed automatically each Monday morning by the analyzer, or may be printed

at any time on demand.

NOTE: The inspection station is not required to mail the

inspection log/report to DPS in Austin; however, the station

is required to maintain a copy of the log/report for one year

from the date of printing. Inspection stations performing

“new car make ready” inspections resulting in the issuance

of two-year inspection certificates will retain the forms

including these inspections for a period of two years.

02.40.00 ANALYZER LOCKOUTS

Notify the local Texas Department of Public Safety Vehicle

Inspection Office for lockouts resulting from:

1. State lockout,

2. State disk drive tamper,

3. Texas Analyzer System (TAS) cabinet tamper, or

4. Exceeding maximum number of inspections without

communication to VID contractor.

Notify Gordon-Darby for lockouts resulting from:

Failure to pay communication fees to VID contractor.

Notify the analyzer manufacturer for lockouts resulting from:

1. Gas calibration failure,

2. Hard drive failure,

3. Disk failure,

4. Gas analyzer failure,

5. Leak check failure,

6. Internal clock failure,

7. Warm up failure,

8. Gas cap calibration failure, or

9. Dynamometer calibration failure.

02.45.00 APPROVED EQUIPMENT

The following is a list of currently approved ASM vendors

(alphabetical listing).

1. ESP:

Model number 10400-57

2. Snap-On:

Sun model number EEEA110 (any letter designation may follow model number)

John Bean model number EEEA116 (any letter

designation may follow model number)

3. Worldwide:

Model number EIS5000

2-5
CHAPTER THREE

ON BOARD DIAGNOSTICS II

INSPECTION PROCEDURE

ON-BOARD DIAGNOSTICS II (OBDII)

EMISSIONS INSPECTION 03.05.00 p. 3-1

General 03.05.01 p. 3-1

OBDII Protocol 03.05.02 p. 3-1

Station Requirements For OBDII Testing 03.05.03 p. 3-1

Testing Data Collection 03.05.04 p. 3-1

CERTIFIED INSPECTORS 03.10.00 p. 3-1

OBDII TESTING APPLICABILITY 03.15.00 p. 3-2

INSPECTION CERTIFICATES 03.20.00 p. 3-2

OBDII INSPECTION DETAILS 03.25.00 p. 3-3

General 03.25.01 p. 3-3

Order of Inspection 03.25.02 p. 3-4

FEES 03.30.00 p. 3-5

REPORTS 03.35.00 p. 3-5

ANALYZER LOCKOUTS 03.40.00 p. 3-6

APPROVED EQUIPMENT 03.45.00 p. 3-6
3.05.00 ON-BOARD DIAGNOSTICS II (OBDII)

EMISSIONS INSPECTION

03.05.01 GENERAL

The primary vehicle emissions analyzer certified by the

Texas Commission on Environmental Quality (TCEQ) is

capable of performing all emissions tests required by the

Texas I/M program applicable in the area (county) for

which it is certified. With few exceptions, On-Board

Diagnostics II (OBDII) is the primary method of emissions

testing model year 1996 and newer vehicles.

In the Dallas/Ft Worth (DFW) and Houston/Galveston

(HGA) I/M areas, the primary analyzer is capable of

performing the On-Board Diagnostics (OBDII),

Acceleration Simulation Mode 2 (ASM2), and Two-Speed

Idle (TSI) tests. The majority of the stations are equipped

with full-service analyzers capable of performing all the

required emissions tests, except those stations with

OBD-only waiver.

In the El Paso and Travis/Williamson (EAC) areas, the primary analyzer is capable of performing the On-Board

Diagnostics (OBDII) and Two-Speed Idle (TSI) tests.

Public OBD-only stations are not authorized in these I/M

program areas.

This chapter describes the procedures used by the

certified inspectors in performing the On-Board

Diagnostics II (OBDII) emissions inspection on vehicles in

counties with an I/M program using OBDII testing.

03.05.02 OBDII PROTOCOL

On-Board Diagnostics Second Generation (OBDII) is a

computerized system required on 1996 and newer model

year vehicles (GVW 8500 lbs. or less). When an emissions control malfunction is detected, a dashboard light

illuminates, displaying one of the following: "Check

Engine," "Service Engine Soon," or the international

engine symbol. If the OBDII system detects a problem, a

corresponding diagnostic trouble code (DTC) is stored in

the computer's memory. During an emissions inspection,

the analyzer plugs into the diagnostic link connector,

checks and downloads stored information from the emissions related components to identify those that are not

working properly. Inspection failures occur when there is

a malfunction with the OBDII equipment including the onboard computer, related wiring, or when an emissions

related component has failed, causing the vehicle's

exhaust emissions to be one and a half times the vehicleʼs certified emissions level as determined by the manufacturer. In this manual, the term OBD shall refer to the

second generation of this system, generally referred to as

OBDII.

03.05.03 STATION REQUIREMENTS FOR OBDII

TESTING

In addition to all equipment required to perform safety

inspections, all inspection stations performing On-Board

Diagnostic (OBD) emissions inspections must also have

a minimum of the following:

1. An emissions analyzer with a gas cap tester

certified by the TCEQ to perform at least OBD testing.

2. A designated telephone line dedicated solely to

each analyzer in the program.

3. An adequate supply of printer supplies.

4. All required analyzer manuals.

5. A business arrangement with the Texas Information

Management Systems (TIMS) contractor to obtain a

telecommunications link to the Vehicle Information

Database (VID).

Note: If the inspection station fails to pay its data link

fees to the contractor, the analyzer will be locked out

from any further inspections until the problem is

resolved.

03.05.04 TESTING DATA COLLECTION

All certified emissions inspection stations must report the

results of emissions testing, since the collection and

reporting of accurate vehicle emissions testing data is of

significant importance to the inspection and maintenance

(I/M) program.

Each analyzer is allowed a certain number of off-line

inspections since occasional telephone line problems

may occur. After restoration of the telephone link, the offline data will be sent to the VID. However, when the

analyzer exceeds the off-line inspection limit, the analyzer

will be locked out from any further inspections until the

problem is resolved. Failure to reestablish the telecommunications link to the VID will result in either suspension

or revocation of the inspection station license.

03.10.00 CERTIFIED INSPECTORS

Only certified inspectors who have completed training

with either DPS or a DPS approved outside training school

and received a certified vehicle inspector access/ID card

(scan card) may perform vehicle emissions testing.

3-1
03.15.00 OBDII TESTING APPLICABILITY

OBDII emissions testing will be performed in the following

counties:

1. Brazoria,

2. Collin,

3. Dallas,

4. Denton,

5. Ellis,

6. El Paso,

7. Ft Bend,

8. Galveston,

9. Harris,

10. Johnson,

11. Kaufman,

12. Parker,

13. Montgomery,

14. Rockwall,

15. Tarrant,

16. Travis, and

17. Williamson

OBDII emissions testing is performed on all motor vehicles that are:

1. capable of being powered by gasoline (except

motorcycles),

2. model years 1996 and newer, up to vehicles two (2)

years old, and

3. presented for annual safety inspection, or

4. required by state law.

Note: Examples of “required by state law” are:

1. Department of Public Safety directs that a vehicle

receive an out-of-cycle emissions test,

2. vehicle requires an emissions test on resale, or

3. public college or university requires emissions testing prior to issuance of a school parking permit.

OBD emissions inspections will be performed on other vehicles, as the Department of Public Safety shall direct.

The term two (2) years old refers to a vehicle upon the expiration of the initial two-year inspection certificate, or any time

the vehicle is presented for inspection or required to be

inspected, during the year when the date of manufacture

indicated on the manufacturerʼs federal certification label is

greater than two years. In the event the federal certification

label is not present or legible, the first month of production

of the model year shall be used as the date of manufacture.

03.20.00 INSPECTION CERTIFICATES

The following inspections will be entered into the analyzer at

all certified OBDII emissions inspection stations:

1. Safety only,

2. Two-year Safety (new car and light duty trucks),

3. Safety and emissions,

4. Emissions only,

5. Federal Motor Carrier Safety Regulations (commercial inspection for windshield or trailer), and

6. Trailer/Motorcycle.

The department approved “OBD Safety and Emissions

Certificate” will be issued to vehicles passing the safety and

OBD emissions inspection, including any 1996 and newer

vehicle which defaults to a tailpipe test to complete the

inspection, with the following exception: vehicles qualifying

under DPS rules for a “unique emissions-test inspection certificate.” These vehicles are exempt from the annual safety

inspection or not required to be emissions tested at the time

of the safety inspection. Specifically, a unique emissionstest only inspection certificate may be issued to:

1. Federal Vehicles (not registered in Texas).

Federal government or quasi-governmental agency

vehicles that are primarily operated in affected counties, but do not display Texas license plates, are

exempt from the annual safety inspection; however,

they shall be required to comply with all vehicle emissions requirements.

2. Out-of-State Registered Vehicles (for out-ofstate registration purposes only). Vehicles registered in another state, that requires an emissions test

for registration purposes in that state, may be emissions tested and issued a unique emissions–test-only

inspection certificate.

3. Commercial Motor Vehicles Requiring an

3-2
Emissions Test. A motor vehicle requiring a Federal

Motor Carrier Safety Inspection, that meets the definition of a “designated vehicle,” must pass an emissions

inspection and display a unique emissions–test–

only inspection certificate on the lower left-hand

corner of the windshield, immediately above the registration certificate, prior to receiving a commercial

motor vehicle safety inspection certificate. The commercial motor vehicle safety inspection certificate

must be issued within 15 calendar days of the

issuance of the unique emissions-test-only inspection

certificate. The inspector shall not remove the unique

emissions-test-only certificate when the new commercial inspection certificate is issued.

4. College Students Away from Home.

a. A vehicle registered in an affected county, operated by a college student, that was issued a safetyonly inspection in a non-affected county, and who

upon return to the affected county requests an

emissions only inspection.

b. A vehicle registered in a non-affected county or

out of state, operated by a college student, where

the public institution of higher learning is located in

affected county and requires vehicles to be emissions tested as a condition to receive a permit to

park or drive on the grounds of the institution.

5. A vehicle with valid inspection certificate, either

safety only or safety and emissions, directed by DPS

to undergo an emissions inspection (usually as a

result of DPS on-road emissions testing).

6. Only the fee for the emissions test will be charged

for an emissions test performed on the vehicles listed

above.

NOTE: All unique emissions-test-only inspection

certificates expire at the same time the safety-only

inspection certificate expires or the last day of the

month indicated on the back of the certificate and

year indicated by the hole punch on the unique

emissions-test-only inspection certificate, or

whichever comes first.

03.25.00 OBDII INSPECTION DETAILS

03.25.01 GENERAL

The primary method of emissions inspection for gasoline powered vehicles,1996 and newer model years, is

through the use of the vehicle On-Board Diagnostic system.

1. All gasoline powered vehicles model years 1996

and newer, with a gross vehicle weight (GVW) of

8500 lbs. or less, are required to have an OBDII system.

The OBDII system on these vehicles, with few exceptions, is emissions testable by means of a Diagnostic

Link Connector (DLC).

2. Exceptions.

a. Non-Communication. Any vehicle GVW 8500

lbs. or less that fails to communicate with the OBD

software, both full service (ASM/OBD/TSI or

OBD/TSI) and OBD-only analyzers, will be tested

using the applicable tailpipe test. The full service

analyzer will default to the appropriate tailpipe test

as directed by the analyzer software. Where the

OBD-only analyzer is authorized, the software will

notify the inspector to direct the vehicle to a full

service station for a tailpipe test. The test will abort,

no fee is charged, and the inspector will direct the

customer to a full service station.

b. Excessive Monitors Not Ready. Certain

vehicles, but not all, of specific makes and model

years chronically have excessive (more than two)

“not ready” monitors. These vehicles will not pass

an OBDII emissions inspection and are authorized

to default to the applicable alternative tailpipe

emissions inspection. Where OBD-only inspection

stations are authorized, the station may attempt

inspection of these vehicles since they may pass

the OBDII test. However, if the vehicle fails for this

reason, the test aborts, no fee is charged, and the

vehicle driver is directed to a full service station

(ASM/OBD/TSI or OBD/TSI) for the appropriate

tailpipe test. These problematic vehicles will be

listed on a DPS notice required to be displayed on

each stationʼs display board. Contact your local

DPS representative with any questions regarding

this procedure.

3. Tampering. The OBDII Diagnostic Link Connector

(DLC) on all gasoline powered vehicles, model years

1996 and newer with a GVW of 8500 lbs. or less,

must be useable and accessible for the emissions

inspection. If obstruction and/or readily apparent tampering prevents use of the DLC, then the vehicle must

fail the inspection – do not use an alternate tailpipe

test.

4. Vehicles, GVW over 8500 lbs. Gasoline powered

vehicles, model years 1996 and newer, with a GVW

of 8501 lbs. and greater, are not required to have an

emissions testable OBD system with a DLC.

5. Oversized vehicles. Vehicles too large to fit into a

3-3
standardized inspection bay will be inspected outside

the building as close to the analyzer as possible, in

an area approved by a department representative.

03.25.02 ORDER OF INSPECTION

1. Prepare the OBDII analyzer for testing.

Note: Gas cap calibration is required every 24 hours.

2. Scan the inspector ID card and enter the inspector

pin number, then select the type of inspection to be

performed from the menu on the analyzer.

3. Follow the screen prompts, answering questions

and entering required data.

a. The inspector must enter all required information

as accurately and correctly as reasonably possible.

Incorrect information may cause inaccurate test

results.

b. Any vehicle information displayed on the analyzer screen that is incorrect will be corrected by the

inspector before continuing to the next screen.

4. Conduct a complete safety inspection, if required.

5. Conduct a complete emissions inspection as

prompted by the analyzer. The inspection sequence

will be displayed on the analyzer screen and must be

followed.

6. MIL illumination check. With ignition key in the

“OFF” position, connect the OBD test lead into the

diagnostic link connector (DLC).

a. If the vehicle has a GVW of more than 8500 lbs.,

from the menu choose “connector cannot be located.” Only perform the OBDII Malfunction Indicator

Lamp (MIL) illumination bulb check.

b. With key in the “ON” position and the engine off

(KOEO), the malfunction indicator lamp must illuminate. Depending on the vehicle manufacturer, the

MIL will be a dashboard light that displays “Check

Engine”, “Service Engine Soon” or the international

check engine symbol.

c. With key in the “ON” position and the engine running (KOER), the MIL indicator light must turn off.

NOTE: Refer to Chapter 5 for 1996 Mercedes Benz vehicles.

7. After the MIL illumination check, press “continue” to

download data from the vehicleʼs OBDII system.

a. If the emissions analyzer fails to communicate with

the OBDII system on a vehicle, GVW 8500 lbs. or

less, then it will default to the alternative tailpipe

emissions inspection.

(1) The emissions analyzerʼs program, depending

on the county (I/M area) or the characteristics of

the vehicle, will default to either the Acceleration

Simulation Mode or Two-Speed Idle test. Insure

vehicle information has been correctly entered

and follow the program prompts.

(2) Where use of the OBD-only analyzer is

authorized, the inspection will be aborted. The

entire inspection will be recorded as an abort

and the station will not charge a fee or collect any

inspection fee. The vehicle must be inspected at

an inspection station equipped to perform the

applicable tailpipe test.

b. If a vehicle identified by TCEQ and DPS as

having a problem with “Excessive Monitors Not

Ready” fails for this reason:

(1) On the OBD-only analyzer, where authorized,

the test will abort and, at NO CHARGE, direct

the customer to a full service inspection station

equipped to perform the applicable tailpipe test

(ASM or TSI).

(2) On the full service analyzer (ASM/OBD/TSI

or OBD/TSI), the vehicle will fail if the MIL is

commanded “ON” and a diagnostic trouble code

(DTC) is stored, or if the vehicle does not pass

the MIL illumination bulb check. If those conditions are not present, but the vehicle has more

than two monitors set to “not ready,” then the

analyzer will default to either the ASM or TSI

tailpipe test. Insure vehicle information has been

correctly entered and follow the program

prompts.

(3) All other vehicles will pass or fail the OBD

inspection using standard OBD emissions testing procedures.

8. Gas Cap Testing. Every gasoline-powered vehicle

from 2-24 model years old will be checked for presence of a gas cap and then tested by a department

approved “gas cap testing device” to determine if the

gas cap is defective. The following vehicles are

exempt:

a. Antique vehicles.

b. Slow-moving vehicles.

c. Motorcycles.

3-4
d. Vehicles operated exclusively by a fuel other than

gasoline.

e. Vehicles newer than two (2) years old and older

than 24 years old.

A. Inspection Procedure.

a. Conduct daily calibration check of gas cap testing

device.

b. Check for presence (all gas caps must be present).

c. Check for correct type of gas cap(s).

d. Remove gas cap(s) and test using an approved

testing device. (Gas cap present but not testable

will not be cause for rejection.)

e. Any gas cap(s) failing the initial test will be tested

a second time to verify failure.

B. Inspect for and reject if:

a. Vehicle not equipped with required gas cap(s).

b. Vehicle not equipped with proper type gas cap(s).

c. Gas cap(s) fails both tests.

9. Emissions test results, MIL status, DTCs, and readiness monitor results are automatically recorded.

10. If the vehicle meets all inspection requirements,

the appropriate certificate will be issued. Record the

complete certificate number issued (all letters and

numbers) in the analyzer data record.

NOTE: Vehicles 1996 and newer which default to the

ASM or TSI test will receive an OBD inspection

certificate.

11. The inspector must give a copy of the test results

to the motorist. The inspector conducting the test will

sign the test results. Additionally, if the MIL is illuminated, the diagnostic trouble codes and an alert statement based on the reason for failing the OBDII inspection will be printed.

Texas Transportation Code, Section 548.053, states “if an

inspection discloses the necessity for adjustment, correction, or repair, an inspection station or inspector may not

issue an inspection certificate until the adjustment, correction, or repair is made.”

If a vehicle fails any other item of inspection, the inspector

shall enter the reason for rejection in the space provided on

the rejection receipt by typing it in while the rejection receipt

is displayed on the analyzer or by handwriting it in after the

rejection receipt is printed by the analyzer. The inspector

shall verbally explain the reason for the rejection and mark

a large “X” on the back of the certificate currently displayed

on the vehicle.

A vehicle presented for re-inspection within 15 days, not

counting the day of inspection, will be inspected using the

re-inspection menu only.

The inspector shall provide the motorist whose vehicle has

failed, the following:

1. Rejection receipt (VI-7),

2. Emissions test results signed by the inspector conducting the test (VIR),

3. Vehicle Repair Form (VRF),

4. Brochure “What to do if my vehicle fails the emissions test”, and

5. A list of Recognized Emissions Repair Facilities of

Texas.

03.30.00 FEES

An emissions inspection fee may be charged for those vehicles requiring the vehicle emissions inspection. This fee is

in addition to any fee charged for conducting the standard

safety or Federal Motor Carrier Safety Regulations inspection. Refer to Chapter 5 for current fees.

1. If the inspection is aborted due to one of the following reasons: loss of oil pressure, loss of coolant or

overheating, fuel system leak, excessive engine noise,

or other safety problem, and the appropriate reason is

checked on the screen, the entire inspection will be

recorded as a failure and the station will be allowed to

collect the entire inspection fee.

2. If the inspection is aborted due to one of the following reasons: no inspection required, analyzer problem,

or other equipment failure, and the appropriate reason

is checked on the screen, then the entire inspection

will be recorded as an abort and the station will not be

allowed to charge or collect any inspection fee.

3. If the inspection is aborted due to non-communications by an OBD-only analyzer, the inspection station

will not be allowed to charge or collect any inspection

3-5
fee.

03.35.00 REPORTS

The stationʼs inspection log/report will be printed automatically each Monday morning by the analyzer or may be printed at any time on demand.

NOTE: The inspection station is not required to mail the

inspection log/report to DPS in Austin; however, the station

is required to maintain a copy of the log/report for one year

from the date of printing. Inspection stations performing

“new car make ready” inspections resulting in the issuance

of two-year inspection certificates will retain the log/reports

including these inspections for a period of two years.

03.40.00 ANALYZER LOCKOUTS

Notify the local Texas Department of Public Safety Vehicle

Inspection Office for lockouts resulting from:

1. State lockout,

2. State disk drive tamper,

3. TAS cabinet tamper,

4. Maximum inspections without communications, or

5. Exceeds maximum number of OBD inspections

(Public OBD-only stations, where permitted).

Notify Gordon-Darby for lockouts resulting from:

Failure to pay communication fee to VID contractor.

Notify the analyzer manufacturer for lockouts resulting from:

1. Disk failure,

2. Hard drive failure,

3. Internal clock failure, and

4. Gas cap calibration failure.

03.45.00 APPROVED EQUIPMENT

The following is a list of currently approved vendors of OBD

testing analyzers.

1. ESP:

Model 10400-57 (ASM/OBD/TSI)

Model 10400-59 (OBD-Only, Large cabinet)

Model 10400-60 (OBD-Only, Small cabinet)

Model 10400-63 (OBD-Only, FCIS cabinet)

2. Snap-On:

Sun model EEEA110 (ASM/OBD/TSI; any

letter designation may follow model number)

John Bean model EEEA116

(ASM/OBD/TSI; any letter designation may follow

model number)

Model EEEA134A (OBD-Only)

3. Worldwide:

Model EIS-5000 (ASM/OBD/TSI)

Model EIS-6000

Note: OBD-only analyzers may only be used with

approval of the Department.

3-6
CHAPTER FOUR

TWO-SPEED IDLE (TSI)

INSPECTION PROCEDURE

EL PASO COUNTY, TRAVIS & WILLIAMSON COUNTIES ONLY

TSI I/M PROGRAM 04.05.00 p. 4-1

General 04.05.01 p. 4-1

TSI Protocol 04.05.02 p. 4-1

Station Requirements for TSI Testing 04.05.03 p. 4-1

Testing Data Collection 04.05.04 p. 4-1

CERTIFIED INSPECTORS 04.10.00 p. 4-1

TSI TESTING APPLICABILITY 04.15.00 p. 4-1

INSPECTION CERTIFICATES 04.20.00 p. 4-2

DETAILS OF INSPECTION 04.25.00 p. 4-2

VEHICLE EMISSIONS STANDARDS 04.30.00 p. 4-4

FEES 04.35.00 p. 4-4

REPORTS 04.40.00 p. 4-4

ANALYZER LOCKOUTS 04.45.00 p. 4-4

APPROVED EQUIPMENT VENDORS 04.50.00 p. 4-4
04.05.00 TSI I/M PROGRAM

04.05.01 GENERAL

The Two-Speed Idle (TSI) emissions test is used in a low

enhanced inspection and maintenance (I/M) program.

The analyzer certified by TCEQ during the two-speed idle

test measures the tailpipe exhaust emissions of a vehicle

while the vehicle idles at both high and low speed. This

chapter describes the procedures used by certified

inspectors in performing the Two-Speed Idle (TSI) vehicle

emissions inspection on designated vehicles where the

TSI test is required.

04.05.02 TSI PROTOCOL

The TSI analyzer meets BAR ʼ96 two-speed idle specifications and tests vehicles for carbon dioxide in addition to

hydrocarbons and carbon monoxide. The TSI test comprises two phases: (1) high speed test (2200 – 2800

RPMs) for the first phase of the emissions test; then, (2)

tested at idle (350 – 1200 RPMs) followed by a gas cap

integrity test that meets EPA-required specifications and

procedures.

04.05.03 STATION REQUIREMENTS FOR TSI TESTING

In addition to all equipment required to perform safety

inspections, all inspection stations performing TSI

emissions inspections must also have the following:

1. A four-gas analyzer and gas cap tester approved by

the Texas Commission on Environmental Quality

(TCEQ) appropriate for the I/M program in that county.

2. Approved calibration gases for the analyzer.

3. A designated telephone line dedicated solely for

each analyzer in the program.

4. An adequate supply of printer supplies.

5. All required analyzer manuals.

6. A business arrangement with the Texas Information

Management Systems (TIMS) contractor to obtain a

telecommunications link to the Vehicle Information

Database (VID).

Note: If the inspection station fails to pay its data link

fees to the contractor, then the analyzer will be

locked out from any further inspections until the

problem is resolved.

04.05.04 TESTING DATA COLLECTION

All certified emissions inspection stations must report the

results of emissions testing, since the collection and

reporting of accurate vehicle emissions testing data is of

significant importance to the inspection and maintenance

(I/M) program.

Each analyzer is allowed a certain number of off-line

inspections since occasional telephone line problems

may occur. After restoration of the telephone link, the offline data will be sent to the VID. However, when the analyzer exceeds the off-line inspection limit, the analyzer will

be locked out from any further inspections until the problem is resolved. Failure to reestablish the telecommunications link to the VID will result in either suspension or

revocation of the inspection station license.

04.10.00 CERTIFIED INSPECTORS

Only certified inspectors who have completed the DPS

training, or training approved by DPS for this program,

and received certification, may perform vehicle testing.

04.15.00 TSI TESTING APPLICABILITY

In the Austin and El Paso I/M program areas, the TSI

emissions inspection is used for designated vehicles not

originally equipped with OBDII, or as the default tailpipe

emissions inspection in cases where an OBDII vehicle is

authorized to default to this tailpipe emissions test. This

chapter is applicable in the following counties:

1. El Paso,

2. Travis, and

3. Williamson.

TSI emissions testing must be performed on all motor

vehicles in the above counties that are:

1. capable of being powered by gasoline (except

motorcycles),

2. model years 1995 and older, to and including

twenty-four (24) years old,

3. presented for annual safety inspection, or

4. required by state law.

Note: Examples of “required by state law” are:

1. Department of Public Safety directs that a vehicle

4-1
receive an out-of-cycle emissions test,

2. vehicle requires an emissions test on resale, or

3. a public college or university requires emissions

testing prior to issuance of a school parking permit.

TSI emissions inspections will be performed on other

vehicles as the Department of Public Safety shall direct.

04.20.00 INSPECTION CERTIFICATES

The following inspection certificates will be entered into the

analyzer at all TSI emissions certified inspection stations:

1. Safety only,

2. Two-year Safety (new car and light duty trucks),

3. Safety and emissions,

4. Emissions only,

5. Federal Motor Carrier Safety Regulations (commercial inspections for windshield or trailer), and

6. Trailer/Motorcycle.

The “Safety and Emissions Certificate” specified by the

department for the TSI inspection will be issued to vehicles

passing the safety and TSI emissions inspection, with the

following exception: vehicles qualifying under DPS rules for

a “unique emissions-test-only inspection certificate.” These

vehicles are exempt from the annual safety inspection or not

required to be emissions tested at the time of the safety

inspection. Specifically, a unique emissions-test-only

inspection certificate may be issued to:

1. Federal Vehicles (not registered in Texas).

Federal government or quasi-governmental agency

vehicles that are primarily operated in affected counties, but do not display Texas license plates, are

exempt from the annual safety inspection; however,

they shall be required to comply with all vehicle emissions requirements.

2. Out-of-State Registered Vehicles (for out-ofstate registration purposes only). Vehicles registered in another state, that require an emissions test

for registration purposes in that state, may be emissions tested and issued a unique emissions-test-only

inspection certificate.

3. Commercial Motor Vehicles Requiring an

Emissions Test. A motor vehicle requiring a Federal

Motor Carrier Safety Inspection, that meets the definition of a “designated vehicle,” must pass an emissions

inspection and display a unique emissions-test-only

inspection certificate on the lower left-hand corner of

the windshield, immediately above the registration certificate, prior to receiving a commercial motor vehicle

safety inspection certificate. The commercial motor

vehicle safety inspection certificate must be issued

within 15 calendar days of the issuance of the unique

emissions-test-only inspection certificate. The inspector shall not remove the unique emissions–test-only

certificate when the new commercial inspection certificate is issued.

4. College Students Away from Home.

a. A vehicle registered in an affected county, operated by a college student that was issued a safetyonly inspection certificate in a non-affected county,

and upon return to the affected county who requests

an emissions-only inspection.

b. A vehicle registered in a non-affected county or

out of state, operated by a college student where

the public institution of higher learning is located in

affected county and requires vehicles to be emissions tested as a condition to receive a permit to

park or drive on the grounds of the institution.

5. A vehicle with valid inspection certificate, either

safety only or safety and emissions, directed by DPS

to undergo an emissions inspection (usually as a result

of DPS on-road emissions testing).

6. Only the fee for the emissions test will be charged

for emissions test performed on the vehicles listed

above.

NOTE: All unique emissions-test-only inspection certificates expire at the same time the safety-only

inspection certificate expires or the last day of the

month indicated on the back of the certificate and

year indicated by the hole punch on the unique emissions-test-only inspection certificate, or whichever

occurs first.

04.25.00 DETAILS OF INSPECTION

IMPORTANT NOTE: Before testing a BMW, Volvo,

Jaguar, or Peugeot with a ZF-4 automatic transmission,

refer to Chapter 5 of this manual.

Order of Inspection:

1. If necessary, prepare the analyzer for testing.

4-2
a. Leak checks and gas cap calibrations are required

every 24 hours. Leak checks may only be performed

by capping the ends of the probe. If the analyzer

fails the leak check or gas cap calibration test, no

inspection may be performed until the problem is

repaired.

b. Gas calibrations are required every 72 hours.

2. Enter the inspector access code.

3. Select type of inspection performed from menu on

analyzer.

4. Follow the screen prompts, answering questions and

entering required data.

a. The inspector must enter all required information

as accurately and correctly as reasonably possible.

Incorrect information may cause inaccurate

results.

b. Any vehicle information displayed on the analyzer

screen that is incorrect will be corrected by the

inspector before continuing to the next screen.

5. Conduct a complete safety inspection, if required.

6. Conduct a complete emissions inspection as prompted by the analyzer. The inspection sequence will be displayed on the analyzer screen and must be followed.

NOTE: Vehicles that are too large to fit into a standardized inspection bay will be inspected outside the

building as close to the analyzer as possible, in an area

approved by a department representative.

7. The exhaust probe must be inserted in the vehicle

tailpipe. If the vehicle has dual exhausts, both tailpipes

must be probed.

8. The analyzer must display a RPM reading for the vehicle being tested. The high-speed reading must be

between 2200 RPM and 2800 RPM. The low-speed

reading must be between 350 RPM and 1200 RPM.

Authority to bypass the RPM equipment may be granted

only by the DPS or as required by the analyzer.

9. Gas Cap Testing. Every gasoline-powered vehicle

from 2-24 model years old will be checked for presence of a gas cap and then tested by a department

approved “gas cap testing device” to determine if the

gas cap is defective. The following vehicles are

exempt:

a. Antique vehicles.

b. Slow-moving vehicles.

c. Motorcycles.

d. Vehicles operated exclusively by a fuel other than

gasoline.

e. Vehicles newer than two (2) years old and older

than 24 years old.

A. Inspection Procedure.

a. Conduct daily calibration check of gas cap testing

device.

b. Check for presence (all gas caps must be present).

c. Check for correct type of gas cap(s).

d. Remove gas cap(s) and test using an approved

testing device. (Gas cap present but not testable

will not be cause for rejection.)

e. Any gas cap(s) failing the initial test will be tested

a second time to verify failure.

B. Inspect for and reject if:

a. Vehicle not equipped with required gas cap(s).

b. Vehicle not equipped with proper type gas cap(s).

c. Gas cap(s) fails both tests.

10. Emissions test results are automatically recorded as

pass/fail.

11. If the vehicle passes the required inspection, the

analyzer will prompt the inspector to enter the appropriate and complete certificate number (all letters and numbers), after which the appropriate certificate will be

issued.

12. The inspector must give a copy of the test results to

the motorist. The certified inspector conducting the test

will sign the test results.

Texas Transportation Code, Section 548.053, states “if an

inspection discloses the necessity for adjustment, correction, or repair, an inspection station or inspector may not

issue an inspection certificate until the adjustment, correction, or repair is made.”

If a vehicle fails any item of inspection, the inspector shall

enter the reason for rejection in the space provided on the

rejection receipt (VI-7) by typing it in while the rejection

receipt is displayed on the analyzer or by handwriting it in

4-3
after the rejection receipt is printed by the analyzer. The

inspector shall verbally explain the reason for rejection and

mark a large “X” on the back of the certificate currently displayed on the vehicle.

The inspector shall provide the motorist whose vehicle has

failed the following:

1. Rejection receipt (VI-7),

2. Test results (VIR),

3. Vehicle Repair Form (VRF),

4. Brochure, “What to do if my vehicle fails the test”, and

5. A list of Recognized Emissions Repair Facilities of

Texas.

04.30.00 VEHICLE EMISSIONS STANDARDS

Light Duty Gasoline Powered Vehicles Less than 8,501

GVW Preconditioned Test

Model Year CO (%) HC (ppm)

1982 and newer 1.2 220

Heavy Duty Gasoline Powered Vehicles 8,501 or More

GVW Preconditioned Test

Model Year CO (%) HC (ppm)

1982 thru 1984 5.0 500

1985 and newer 3.0 300

04.35.00 FEES

An emissions testing fee may be charged for those vehicles

requiring the vehicle emissions inspection. This fee is in

addition to any fee charged for conducting the standard

safety or Federal Motor Carrier Safety Regulations inspection. Refer to Chapter 5 for current fees.

04.40.00 REPORTS

The station inspection log/report (VI-8b) will be printed automatically each Monday morning by the analyzer or may be

printed any time on demand.

NOTE: The inspection station is not required to mail the

inspection log/report to DPS in Austin; however, the

station is required to maintain a copy of the log/report

for one year from the date of printing. Inspection

stations performing “new car make ready” inspections

resulting in the issuance of two-year inspection

certificates will retain the log/reports including these

inspections for a period of two years.

04.45.00 ANALYZER LOCKOUTS

Notify the local Texas Department of Public Safety Vehicle

Inspection Office for lockouts resulting from:

1. State lockout,

2. State disk drive tamper,

3. TAS cabinet tamper, and

4. Maximum test without communication.

Notify Gordon-Darby for lockouts resulting from:

Failure to pay communication fee to VID contractor.

Notify the analyzer manufacturer for lockouts resulting from:

1. Disk failure,

2. Gas calibration failure,

3. Hard drive failure,

4. Gas analyzer failure,

5. Leak check failure, or

6. Internal clock failure or warm-up failure.

04.50.00 APPROVED EQUIPMENT VENDORS

The following is a list of currently approved analyzer vendors

where TSI is the primary tailpipe emissions test:

El Paso, Travis and Williamson counties:

a. ESP

Model 10400-78 (OBD/TSI)

b. Worldwide

Model EIS 5400

4-4
CHAPTER FIVE

REFERENCE SECTION

TSI TEST SEQUENCE - BMW/PEUGEOT/VOLVO/JAGUAR

(ZF AUTOMATIC TRANSMISSIONS) 05.05.00 p. 5-1

1996 MERCEDES BENZ

OBDII INSPECTION PROCEDURES 05.10.00 p. 5-2

VEHICLE REPAIR FORM 05.15.00 p. 5-3

FEE CHARTS

Dallas/Ft Worth and Houston/Galveston Areas (VIE-31A) 05.20.01 p. 5-5

El Paso County (VIE-31C) 05.20.02 p. 5-7

Travis and Williamson Counties (VIE-31D) 05.25.00 p. 5-9

ADMINISTRATIVE RULES 05.25.00 p. 5-11

37 TAC §23.931

(Vehicle Emissions Inspection Requirements) 05.25.01 p. 5-11

37 TAC §23.95

(Waiver for Low Volume Emissions Inspection Stations) 05.25.02 p. 5-21

37 TAC §23.96

(Emissions Analyzer Access/Identification Card) 05.25.03 p. 5-27

GLOSSARY OF TERMS 05.30.00 p. 5-29

1

Editorial note: Rule has been amended and new text inserted.
05.05.00 TSI TEST SEQUENCE - BMW/PEUGEOT/VOLVO/JAGUAR

(ZF AUTOMATIC TRANSMISSIONS)

Given the problems with the “ZF” automatic transmission, DPS prefers that the affected vehicles

be tested at their dealerships. Accordingly, if the inspector enters an “A” (for automatic) for the

transmission type, and if the vehicle type and the vehicle make, model, and model year match

BMW/PEUGEOT/VOLVO/JAGUAR criteria, the TX 96 (TSI) analyzer displays the following message:

BECAUSE OF THE POSSIBILITY OF TRANSMISSION DAMAGE TO THIS VEHICLE, DPS

PREFERS THAT IT BE INSPECTED AT ITS DEALERSHIP. IF YOU STILL WISH TO PERFORM

THE INSPECTION, YOU MAY DO SO AT YOUR OWN RISK. PRESS “ENTER” TO CONTINUE.

IF NOT, PRESS “ESC” TO ABORT THE TEST. (ENTER ABORT CODE 6)

If the inspector chooses to continue testing this vehicle, the following message will be displayed

when beginning the test sequence:

BEFORE BEGINNING THE EMISSIONS TEST, MAKE SURE THE ENGINE IS AT NORMAL

OPERATING TEMPERATURE. IF NOT, THE VEHICLE SHOULD BE DRIVEN UNTIL IT IS. DO

NOT WARM THE ENGINE BY RAISING THE RPM ABOVE IDLE WHILE THE TRANSMISSION

IS IN PARK OR NEUTRAL.

AFTER THE ENGINE REACHES NORMAL OPERATING TEMPERATURE, PUT THE TRANSMISSION IN PARK AND TURN THE ENGINE OFF FOR 30 SECONDS. RESTART THE

ENGINE. AFTER THE ENGINE IS RUNNING, DO NOT MOVE THE GEAR SHIFT SELECTOR

THROUGH THE FORWARD OR REVERSE GEARS BEFORE OR DURING THE TEST

SEQUENCE. DO NOT EXCEED 2000 RPM.

All 1984-87 BMWs with automatic transmissions, 1983-88 Volvo 740s with automatic transmissions, 1984-89 Jaguar XJSs, and 1986-92 Peugeot 505s with automatic transmissions shall be

tested using this test sequence or the latest test sequence supplied by DPS.

CONTACT YOUR LOCAL DEPARTMENT OF PUBLIC SAFETY VEHICLE INSPECTION

OFFICE IF YOU HAVE FURTHER QUESTIONS REGARDING ZF AUTOMATIC TRANSMISSIONS.

5-1
5-2

05.10.00 1996 MERCEDES BENZ

OBDII INSPECTION PROCEDURES

Mercedes Benz advised that 1996 Mercedes Benz models: C220, C280, E320, S320, SL320, and

C36AMG have the following problem:

When the analyzerʼs diagnostic link cord is connected to the vehicleʼs diagnostic link connector (DLC - OBDII port), the check engine light will stay on causing the vehicle to fail. To avoid

this false failure, use the following procedure.

When asked the second bulb check question (Did the MIL light turn off) choose “YES THE MIL

TURNED OFF”

This procedure is to be used ONLY on 1996 Mercedes Benz models C220, C280, E320, S320, SL320,

and C36AMG.

If you have any questions, contact your DPS representative.
5-3

TEXAS DEPARTMENT OF PUBLIC SAFETY

VEHICLE REPAIR FORM (VRF)

Vehicle Information

Vehicle Make Model Yr Model

VIN License Plate # Mileage

Repairs made by:

Recognized Repair Facility AirCheckTexas Repair & Replacement Program Vehicle

Recognized Facility ID# Recognized Tech ID# (last six digits)

 Non-Recognized Repair Facility  Self

Repair Information

Repair Date / /

MM DD YY

 Fuel System (100)  Ignition/Electrical System (200)  Emissions System (300)  EngineMechanical (400)  Miscellaneous (500)

 Fuel Pump (110)  Battery/Charging System (210)  CAT (310)  Engine Block (410)  Trans/Final Drive (510)

 Fuel Filter (120)  Spark plugs (220)  EGR (320)  Camshaft (420)  Vehicle Fluids (520)

 Injectors (130)  Spark plug wires (230)  AIS (330)  Cylinder Head (430)  Cooling System (530)

 Throttle Body (140)  Spark Timing (240)  PCV (340)  Valves (Mechanical) (440)  Exhaust System (540)

 02 Sensor (150)  PCM (250)  EVAP(350)  Valves (Oil Seals) (450)

 TAC (360) Total Repair Cost (Diagnosis, Parts & Labor)

At the discretion of the motorist, NOT all recommended repairs were performed.

1. This form must be completed upon return for re-inspection

2. Present this form and all repair/parts receipts if applying for a waiver.

For more repair and waiver information visit www.airchecktexas.com

VIE -7 (6/07)

$




5

-5

TEXAS DEPARTMENT OF PUBLIC SAFETY

AirCheckTexas EMISSIONS PROGRAM

NOTICE

INSPECTION FEES IN THE DALLAS/FT. WORTH AND HOUSTON/GALVESTON 

Effective 6-1-2007

GASOLINE POWERED MOTOR VEHICLES 2-24 YEARS OLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

NEW PASSENGER CARS OR NEW LIGHT DUTY TRUCKS

UNDER 2,000 LBS RATED CARRYING CAPACITY—(2 YEAR CERTIFICATE) . . . . . . . . . . . . . . . . . . . . 

OTHER GASOLINE POWERED VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

EMISSIONS TEST ONLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

VEHICLE REQUIRING F.M.C.S.R. ANNUAL INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

TRAILERS (NOT REQUIRING F.M.C.S.R. INSPECTION) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOTORCYCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOPEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

IDENTIFICATION CERTIFICATE (VI-30/VI-30A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

ADJUSTMENTS AND REPAIRS WILL BE IN ADDITION TO THE ABOVE FEES
5

-7

TEXAS DEPARTMENT OF PUBLIC SAFETY

AirCheckTexas EMISSIONS PROGRAM

NOTICE

INSPECTION FEES IN EL PASO COUNTY

Effective 6-1-2007

GASOLINE POWERED MOTOR VEHICLES 2-24 YEARS OLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

NEW PASSENGER CARS OR NEW LIGHT DUTY TRUCKS

UNDER 2,000 LBS RATED CARRYING CAPACITY—(2 YEAR CERTIFICATE) . . . . . . . . . . . . . . . . . . . . . . 

OTHER GASOLINE POWERED VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

EMISSIONS TEST ONLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

VEHICLE REQUIRING F.M.C.S.R. ANNUAL INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

TRAILERS (NOT REQUIRING F.M.C.S.R. INSPECTION) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOTORCYCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOPEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

IDENTIFICATION CERTIFICATE (VI-30/VI-30A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

ADJUSTMENTS AND REPAIRS WILL BE IN ADDITION TO THE ABOVE FEES
5

-9

TEXAS DEPARTMENT OF PUBLIC SAFETY

AirCheckTexas EMISSIONS PROGRAM

NOTICE

INSPECTION FEES IN TRAVIS AND WILLIAMSON COUNTIES

Effective 6-1-2007

GASOLINE POWERED MOTOR VEHICLES 2-24 YEARS OLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

NEW PASSENGER CARS OR NEW LIGHT DUTY TRUCKS

UNDER 2,000 LBS RATED CARRYING CAPACITY—(2 YEAR CERTIFICATE) . . . . . . . . . . . . . . . . . . . . . . 

OTHER GASOLINE POWERED VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

EMISSIONS TEST ONLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

VEHICLE REQUIRING F.M.C.S.R. ANNUAL INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

TRAILERS (NOT REQUIRING F.M.C.S.R. INSPECTION) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOTORCYCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

MOPEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

IDENTIFICATION CERTIFICATE (VI-30/VI-30A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

ADJUSTMENTS AND REPAIRS WILL BE IN ADDITION TO THE ABOVE FEES
05.25.00 ADMINISTRATIVE RULES

TEXAS ADMINISTRATIVE CODE

TITLE 37 PUBLIC SAFETY AND CORRECTIONS

PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 23 VEHICLE INSPECTION

SUBCHAPTER G VEHICLE EMISSIONS INSPECTION

AND MAINTENANCE PROGRAM

RULE §23.93 Vehicle Emissions Inspection

Requirements

(a) General. The department is authorized to establish and

implement a vehicle emissions testing program as a part of

the annual vehicle safety inspection program, in accordance

with Texas Transportation Code, Chapter 548 and Health

and Safety Code, Chapter 382.

(b) Terms and/or Definitions. Unless specifically defined in

the Texas Clean Air Act (TCAA) or in the rules of the Texas

Department of Public Safety (DPS), the terms used by the

DPS have the meanings commonly ascribed to them in the

fields of air pollution control and vehicle inspection. In

addition to the terms defined by the TCAA, the following

words and terms, when used in this section, shall have the

following meanings, unless the context clearly indicates

otherwise.

(1) Affected county--refers to any county with a motor vehicle emissions inspection and maintenance program under

Texas Transportation Code, §548.301 and Health and

Safety Code, §382.202 and §382.302. The Texas

Commission on Environmental Quality (TCEQ) specifies

these counties in 30 TAC §114.50 and §114.80.

(2) Acceleration Simulation Mode (ASM-2) I/M test--the

Acceleration Simulation Mode (ASM-2) test is an emissions test using a dynamometer (a set of rollers on which

a test vehicle's tires rest) which applies an increasing load

or resistance to the drive train of a vehicle thereby simulating actual tailpipe emissions of vehicle as it is moving

and accelerating. The ASM-2 vehicle emissions test is

comprised of two phases:

(A) the 50/15 mode--in which the vehicle is tested on the

dynamometer simulating the use of 50% of the vehicle

available horsepower to accelerate at a rate of 3.3 miles

per hour (mph) per second to a constant speed of 15

mph; and

(B) the 25/25 mode--in which the vehicle is tested on the

dynamometer simulating the use of 25% of the vehicle

available horsepower to accelerate at a rate of 3.3 mph

per second to a constant speed of 25 mph.

(3) Department--refers to the Texas Department of Public

Safety.

(4) Designated Vehicles--refers to all motor vehicles, as

defined in the Texas Transportation Code, §541.201,

unless otherwise exempted or excepted, that are:

(A) capable of being powered by gasoline;

(B) two years old through and including 24 years old; and

(C) registered, required to be registered, primarily operated, or subject to the "Emissions Test on Resale"

requirement in an affected county.

(5) Director--refers to the director of the Texas Department

of Public Safety or the designee of the director.

(6) Emissions control component--refers to a device

designed to control or reduce the emissions of substances

from a motor vehicle or motor vehicle engine installed on

or incorporated in a motor vehicle or motor vehicle engine

in compliance with requirements imposed by the Motor

Vehicle Air Pollution Control Act (42 United States Code,

§1857 et seq) or other applicable law. This term shall

include, but not be limited to the following components: air

injection system (AIS); catalytic converter; coil; distributor;

evaporative canister; exhaust gas recirculation (EGR)

valve; fuel filler cap/gas cap; ignition wires; oxygen sensor;

positive crank case ventilation (PCV) valve; spark plugs;

thermal reactor/thermostatic air cleaner; and hoses, gaskets, belts, clamps, brackets, filters or other accessories

and maintenance items related to these emissions control

components and systems.

(7) Emissions Test on Resale--refers to an emissions test

performed on a vehicle coming into an affected county

from another county within the state which does not have

an I/M program (non-affected county); the ownership has

changed as the result of a retail sale; and a registration

and/or titling change is necessary. This test is not required

on model year 1996 and newer vehicles if it has less than

50,000 "actual" miles.

(8) EPA--refers to the United States Environmental

Protection Agency; the federal agency that monitors and

protects air and water resources.

(9) Exempt vehicles--refers to vehicles otherwise considered "designated vehicles" that are:

(A) exhibition vehicles, such as antique vehicles, as

defined by Texas Transportation Code, § 504.502 ;

(B) slow-moving vehicles, as defined by Texas

Transportation Code, §547.001; or

5-11
(C) motorcycles, as defined by Texas Transportation

Code, §502.001.

(10) Excepted vehicle--refers to motor vehicles registered in

an affected county but not primarily operated in an affected

county.

(11) I/M--refers to Inspection and Maintenance.

(12)Inspection station--refers to an inspection station/ facility as defined in the Texas Transportation Code, §548.001.

(13) Inspector--refers to an inspector as defined in the

Texas Transportation Code, §548.001.

(14) Motorist--refers to a person or other entity responsible

for the inspection, repair, maintenance or operation of a

motor vehicle, which may include, but is not limited to,

owners or lessees.

(15) Out-of-cycle test--refers to an emissions test not associated with the annual vehicle safety inspection testing

cycle.

(16)OBD (On-board diagnostic system)--Computer system installed in 1996 and newer vehicles by the manufacturer which monitors the performance of the vehicle emissions control equipment, fuel metering system, and ignition

system for the purpose of detecting malfunction or deterioration in performance that would be expected to cause

the vehicle not to meet emissions standards. All references to OBD should be interpreted to mean the second

generation of this equipment, sometimes referred to as

OBD II.

(17) Person--refers to a human being, a partnership or a

corporation that is recognized by law as the subject of

rights and duties.

(18) Primarily operated in--refers to the use, including driving,

parking, or storing, of a motor vehicle for 60 days or more

per calendar year in affected counties. It is presumed that

a vehicle is primarily operated in the county in which it is

registered; the burden is on the motorist to overcome this

presumption by a preponderance of the evidence.

(19) Re-test--refers to a successive vehicle emissions

inspection following the failure of an initial emissions test

by a vehicle.

(20) Revised Texas I/M SIP--refers to the most current

Texas Inspection and Maintenance State Implementation

Plan.

(21) Safety inspection--refers to a compulsory vehicle

inspection performed as required by Texas Transportation

Code, Chapter 548, by an official inspection station issued

a certificate of appointment by the department.

(22) Safety inspection certificate--refers to an inspection

certificate issued under Texas Transportation Code,

Chapter 548, after a safety inspection as defined herein.

(23) Tampering-related repairs--refers to repairs to correct

tampering modifications, including but not limited to engine

modifications, emissions system modifications, or fuel-type

modifications disapproved by the TCEQ or the EPA.

(24) Testing cycle--refers to an annual cycle for which a

motor vehicle is subject to a vehicle emissions inspection.

(25) Test-only facilities--refers to inspection stations certified

to do emissions testing that are not engaged in repairing,

replacing and/or maintaining emissions control components of vehicles. Acceptable repairs in test-only facilities

shall be oil changes, air filter changes, repairs and/or

maintenance of non-emissions control components, and

the sale of auto convenience items.

(26) Test-and-repair facilities--refers to inspection stations

certified to do emissions testing that engage in repairing,

replacing and/or maintaining emissions control components of vehicles.

(27) TCEQ--refers to the Texas Commission on

Environmental Quality.

(28) Two-speed idle (TSI) I/M test--is an emissions test using

equipment which meets TCEQ specifications for the measurement of the tailpipe exhaust emissions of a vehicle

while the vehicle idles, first at a lower speed and then

again at a higher speed.

(29) Two years old--refers to a vehicle upon the expiration

of the initial two-year inspection certificate; or any time the

vehicle is presented for inspection or required to be

inspected during the year when the date of manufacture

indicated on the manufacturer's federal certification label

(49 CFR 567.4) is greater than 2 years. In the event the

federal certification label is not present or legible, the first

month of production of the model year shall be used as the

date of manufacture.

(30) Twenty-four years old--refers to a vehicle when the vehicle model year is 24 years less than the current calendar

year (current calendar year minus 24 years).

(31) Uncommon part--refers to a part that takes more than

30 days for expected delivery and installation.

5-12
(32) VIR--refers to the Vehicle Inspection Report.

(33) VRF--refers to the Vehicle Repair Form.

(c) Applicability. The requirements of this section and those

contained in the Revised Texas I/M SIP shall apply to

motorists, vehicles, vehicle inspection stations and inspectors certified by the department to inspect vehicles, and to

Recognized Emissions Repair Facilities of Texas and

Recognized Emissions Repair Technicians of Texas, as

defined herein.

(d) Control requirements.

(1) In affected counties, in order to be certified by the

department as a vehicle inspection station, the vehicle

inspection station must be certified by the department to perform vehicle emissions testing. This provision does not

apply to vehicle inspection stations certified by the department as vehicle inspection stations endorsed only to issue

one or more of the following inspection certificates: trailer

certificates, motorcycle certificates, commercial motor vehicle windshield certificates, or commercial trailer certificates.

(2) In affected counties, only department certified inspection stations certified by the department to do emissions

testing may perform the annual vehicle safety inspection

on designated vehicles.

(3) An inspection station in a county not designated as an

affected county shall not inspect a designated vehicle

unless the inspection station is certified by the department to perform emissions testing, or unless the motorist

presenting the vehicle signs an affidavit on a form provided by the department stating the vehicle is excepted from

emissions testing. The affidavit will be held by the inspection station for collection by the department. Under the following exceptions, a vehicle registered in an affected

county may receive a safety inspection at an inspection

station in a non-affected county.

(A) The vehicle is not a designated vehicle because it has

not and will not be primarily operated in an affected county. This exception includes the following examples.

(i) Company fleet vehicles owned by business entities

registered at a central office located in an affected county but operated from branch offices and locations in

non-affected counties on a permanent basis.

(ii) Hunting and recreational vehicles registered to the

owner in an affected area, but permanently maintained

on a hunting or vacation home site in a non-affected

county.

(B) The vehicle no longer qualifies as a designated vehicle

because it no longer and will be no longer primarily operated in an affected county. For example, the vehicle registration indicates it is registered in an affected county, but the

owner has moved, does not currently reside in, nor will primarily operate the vehicle in an affected county.

(C) The vehicle is registered in an affected county, not

primarily operated in an affected county, and currently

operated in a non-affected county, but will not return to an

affected county prior to the expiration of the current

inspection certificate. Under this exception the vehicle

will be reinspected at an inspection station certified to do

vehicle emissions testing immediately upon return to an

affected county. Examples of this exception include:

(i) vehicles operated by students enrolled at learning institutions.

(ii) vehicles operated by persons during extended

vacations, and

(iii) vehicles operated by persons on extended outof-town business.

(4) All designated vehicles must be emissions tested at the

time of and as a part of the designated vehicle's annual vehicle safety inspection at an inspection station certified by

the department to perform vehicle emissions testing. The following exceptions apply to this provision.

(A) Commercial motor vehicles as defined by the Texas

Transportation Code, §548.001 meeting the definition of

"designated vehicle" as defined by this section.

Designated commercial motor vehicles must be emissions tested at an inspection station certified by the

department to perform vehicle emissions testing and

must be issued a unique emissions test-only inspection

certificate, as authorized by Texas Transportation Code,

§548.251, affixed to the lower left-hand corner of the

windshield of the vehicle, immediately above the registration sticker, prior to receiving a commercial motor

vehicle safety inspection certificate pursuant to Texas

Transportation Code, Chapter 548. The unique emissions test-only inspection certificate must be issued within 15 calendar days prior to the issuance of the commercial motor vehicle safety inspection certificate. The

unique emissions test-only inspection certificate will

expire at the same time the newly issued commercial motor

vehicle safety inspection certificate expires.

(B) Vehicles presented for inspection by motorists in counties not designated as affected counties meeting the

5-13
exceptions listed in paragraphs (3)(A) - (C) of this subsection.

(5) A vehicle with a currently valid safety inspection certificate presented for an "Emissions Test on Resale"

inspection shall receive an emissions test. The owner or

selling dealer may choose one of two options:

(A) a complete safety and emissions test and receipt of a

new inspection certificate, or

(B) an emissions test and receipt of the unique emissions

test-only inspection certificate affixed to the lower lefthand corner of the windshield of the vehicle, immediately

above the registration sticker. The unique emissions

test-only inspection certificate will expire at the same

time as the safety inspection certificate currently

displayed on the vehicle at the time the unique emissions

test-only certificate is issued.

(6) Any vehicle not listed as an exempt vehicle that is capable

of being powered by gasoline, from two years old to and

including 24 years old, presented for the annual vehicle

safety inspection in affected counties will be presumed to

be a designated vehicle and will be emissions tested as a

part of the annual vehicle safety inspection. Emissions

testing will be conducted as follows:

(A) in all affected counties, except Travis, Williamson,

and El Paso counties :

(i) all 1996 model year and newer designated vehicles,

which are equipped with an On-board diagnostic

system, will be emission tested using approved OBD

I/M test equipment, and

(ii) all 1995 model year and older designated vehicles

will be emission tested using the Acceleration

Simulation Mode (ASM-2) I/M test.

(iii) Vehicles which cannot be tested using the prescribed emission testing equipment will be tested using

the following default methods. OBD vehicles will be

tested using ASM-2, if the vehicle (four-wheel drive and

unique transmissions) cannot be tested on ASM-2, then

the vehicle will be tested using TSI.

(B) This subparagraph applies to all designated vehicles

in El Paso, Travis, and Williamson counties.

(i) All 1996 model year and newer designated vehicles,

which are equipped with an On-board diagnostic system, will be emission tested using approved OBD I/M

test equipment.

(ii) All 1995 model year and older designated vehicles

will be emissions tested using approved two-speed idle

I/M test equipment (TSI).

(iii) As specified by the department, OBD vehicles which

can not be tested using the prescribed emission testing

equipment will be tested using the approved two-speed

idle I/M test equipment (TSI).

(7) Vehicles registered in affected counties will be identified by a distinguishing validation registration sticker or a

registration sticker imprinted with the name of the county,

as determined by the Texas Department of Transportation.

(8) Vehicles inspected under the vehicle emissions testing

program and found to meet the requirements of the

program in addition to all other vehicle safety inspection

requirements will be passed by the certified inspector, who

will thereafter affix to the windshield a unique emissions

inspection certificate pursuant to Texas Transportation

Code, §548.251. The only valid inspection certificate for

designated vehicles shall be a unique emissions inspection certificate issued by the department, unless otherwise

provided herein.

(9) The department shall perform challenge tests to

provide for the reinspection of a motor vehicle at the option

of the owner of the vehicle as a quality control measure of

the emissions testing program. A motorist whose vehicle

has failed an emissions test may request a free challenge

test through the department within 15 calendar days, not

including the date of the emissions test being challenged

or questioned.

(10) Federal and State governmental or quasi-governmental

agency vehicles that are primarily operated in affected

counties that fall outside the normal registration or inspection process shall be required to comply with all vehicle

emissions I/M requirements contained in the Texas I/M

SIP.

(11) Any motorist in an affected county whose designated

vehicle has been issued an emissions-related recall notice

shall furnish proof of compliance with the recall notice prior

to having their vehicle emissions tested the next testing

cycle. As proof of compliance, the motorist may present a

written statement from the dealership or leasing agency

indicating the emissions repairs have been completed.

5-14
(12) Inspection certificates issued prior to an effective date

in this section shall be valid and shall remain in effect until

the expiration date thereof.

(13) A unique emissions test-only inspection certificate

expires at the same time the annual vehicle safety inspection certificate it relates to expires.

(14) The department will perform quarterly equipment

and/or gas audits on all vehicle emissions analyzers used

to perform vehicle emissions tests. If a vehicle emissions

analyzer fails the calibration process during the gas audit,

the department shall cause the appropriate inspection

station to cease vehicle emissions testing with the failing

emissions analyzer until all necessary corrections are

made and the vehicle emissions analyzer passes the

calibration process.

(15) Pursuant to the Revised Texas I/M SIP, the department shall administer and monitor a follow-up loaded

mode I/M test on at least 0.1% of the vehicles subject to

vehicle emissions testing in a given year to evaluate the

mass emissions test data as required in 40 CFR

51.353(c)(3). A contractor(s) may be used to assist in

collecting, reviewing and evaluating program data.

(16) On-road testing (Remote Sensing Program) verification emissions inspection. Vehicle owners receiving a

notice from the department requiring an emission test shall

receive an out-of-cycle test, if the vehicle already has a

valid safety and emission inspection certificate. This test

will be conducted in accordance with the terms of the

department's notice. The results of this verification emissions inspection shall be reported (on-line) to the Texas

Information Management System Vehicle Identification

Database (VID). Vehicles identified to be tested by the

notice will receive the prescribed test regardless of the

county of registration and whether the vehicle has a

currently valid safety inspection certificate or a valid safety

and emissions inspection certificate. When the vehicle has

a currently valid safety inspection certificate or a valid safety and emissions inspection certificate, the owner may

choose one of two options:

(A) a complete safety and emissions test and receipt of a

new inspection certificate, or

(B) an emissions test and receipt of the unique emissions

test-only inspection certificate affixed to the lower lefthand corner of the windshield of the vehicle, immediately above the registration sticker. The unique emissions

test-only inspection certificate will expire at the same

time as the safety inspection certificate currently displayed on the vehicle at the time the unique emissions

test-only certificate is issued.

(17) Emissions testing of vehicles requiring vehicle identification insignias issued by public institutes of higher learning.

Effective January 1, 2002 as per §51.207 of the Texas

Education Code, public institutions of higher learning located

in affected counties may require vehicles to be emissions

tested as a condition to receive a permit to park or drive on

the grounds of the institution, including vehicles registered

out-of-state. The following instructions are provided for

handling this type of inspection.

(A) Vehicles presented under this subsection shall

receive an emissions inspection and be issued a unique

emissions test-only inspection certificate which will be

affixed to the lower left-hand corner of the windshield of

the vehicle. Since this inspection certificate is not dated,

this certificate will expire as follows:

(i) Vehicles registered in this state from counties without

an emissions testing program. The unique emissions

test-only inspection certificate will expire at the same

time as the safety inspection certificate currently displayed on the vehicle at the time the unique emissions

test-only certificate is issued.

(ii) Vehicles registered in another state. The unique

emissions test-only inspection certificate will expire on

the twelfth (12th) month after the month indicated on

the date of the Vehicle Inspection Report (VIR) generated by the emissions inspection. Under no circumstances is the inspection station authorized to remove

an out-of-state inspection and/or registration certificate,

to include either safety, emissions, or combination of

any of the aforementioned.

(B) The operator of a vehicle presented for an emissions

inspection under this subsection will be notified to retain

the Vehicle Inspection Report (VIR) as proof of emissions

testing under the requirements of §51.207 of the Texas

Education Code.

(e) Waivers and extensions. Under this section, the department may issue an emissions testing waiver or time extension

to any vehicle that passes all requirements of the standard

safety inspection portion of the annual vehicle safety inspection and meets the established criteria for a particular waiver

or time extension. An emissions testing waiver or a time

extension defers the need for full compliance with vehicle

emissions standards of the vehicle emissions I/M program

for a specified period of time after a vehicle fails an

emissions test. The department will accept applications for

emissions testing waivers and time extensions. There are

5-15
four types of emissions testing waivers and time extensions:

Low Mileage Waiver; Individual Vehicle Waiver; Parts

Availability Time Extension; and Low-Income Time

Extension. The motorist may apply once each testing cycle

for the Low Mileage Waiver, Individual Vehicle Waiver, and

Parts Availability Time Extension. The motorist may apply

every other testing cycle for the Low-Income Time

Extension.

(1) Low Mileage Waiver.

(A) Eligibility. A vehicle may be eligible for a Low Mileage

Waiver provided that it has:

(i) failed both its initial emissions inspection and

re-test; and

(ii) incurred qualified emissions-related repairs, as

defined herein, whose cost is equal to at least

$100; and

(iii) the vehicle has been driven less than 5,000

miles in the previous inspection cycle; and

(iv) the vehicle will be reasonably expected to be

driven fewer than 5,000 miles before the next safety

inspection is required.

(B) Qualified Emissions-Related Repairs. Qualified emissions-related repairs are those repairs to emissions

control components, including diagnosis, parts and labor,

which count toward a Low Mileage Waiver. In order to be

considered qualified emissions-related repairs, the

repair(s):

(i) must be directly applicable to the cause for the

emissions test failure;

(ii) must be performed after the initial emissions test or

have been performed within 60 days prior to the initial

emissions test;

(iii) must not be tampering-related repairs, as defined

herein;

(iv) must not be covered by any available warranty

coverage unless the warranty remedy has been denied

in writing by the manufacturer or authorized dealer; and

(v) must be performed by a Recognized Emissions

Repair Technician of Texas at a Recognized Emissions

Repair Facility of Texas in order to include the labor cost

and/or diagnostic costs. When repairs are not performed by a Recognized Emissions Repair Technician

of Texas at a Recognized Emissions Repair Facility of

Texas, only the purchase price of parts, applicable to

the emissions test failure, qualify as a repair expenditure for the Low Mileage Waiver.

C) Conditions. The following conditions must be met in

order to receive a Low Mileage Waiver:

(i) the vehicle must pass a visual inspection performed

by a department representative to insure that the emissions repairs being claimed have actually been

performed;

(ii) the diagnosis, parts and labor receipts for the qualified emissions-related repairs must be presented to the

department and support that the emissions repairs

being claimed have actually been performed; and

(iii) the valid re-test Vehicle Inspection Report (VIR) and

valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented to the department. If labor and/or

diagnostic charges are being claimed towards the low

mileage waiver amount, the VRF shall be completed by

a Recognized Emissions Repair Technician of Texas.

(2) Low-Income Time Extension. A Low-Income Time

Extension may be granted in accordance with the following

conditions:

(A) The applicant must supply to the department proof in

writing that:

(i) the vehicle failed the initial emissions inspection test;

proof shall be in the form of the original failed VIR;

(ii) the vehicle has not been granted a Low-Income

Time Extension in the previous testing cycle;

(iii) the applicant is the owner of the vehicle that is the

subject of the Low-Income Time Extension; and

(iv) the applicant receives financial assistance from the

Texas Health and Human Services Commission or the

Department of Aging and Disability Services due to

indigence (subject to approval by the director) or the

applicant's adjusted gross income (if the applicant is

married, the applicant's adjusted gross income is equal

to the applicant's adjusted gross income plus the

applicant's spouse's adjusted gross income) is at or

below the current federal poverty level as published by

the United States Department of Health and Human

Services, Office of the Secretary, in the Federal

Register; proof shall be in the form of a federal income

tax return or other documentation authorized by the

director that the applicant certifies as true and correct.

(B) After a vehicle receives an initial Low-Income Time

Extension, the vehicle must pass an emissions test prior

to receiving another Low-Income Time Extension.

5-16
(3) Parts Availability Time Extension. A Parts Availability

Time Extension may be granted in accordance with the following conditions:

(A) The applicant must demonstrate to the department:

(i) reasonable attempts were made to locate necessary

emissions control parts by retail or wholesale parts suppliers; and

(ii) emissions-related repairs cannot be completed

before the expiration of the safety inspection certificate

or before the 30-day period following an out-of-cycle

inspection because the repairs require an uncommon

part, as defined herein.

(B) The applicant shall provide to the department:

(i) an original VIR indicating the vehicle failed the

emissions test;

(ii) an invoice, receipt, or original itemized document

indicating the uncommon part(s) ordered by: name;

description; catalog number; order number; source of

part(s), including name, address and phone number of

parts distributor; and expected delivery and installation

date(s). The original itemized document must be prepared by a Recognized Emissions Repair Technician of

Texas before a Parts Availability Time Extension can be

issued.

(C) A Parts Availability Time Extension is not allowed for

tampering-related repairs, as defined herein.

(D) If the vehicle does not pass an emissions re-test prior

to the expiration of the Parts Availability Time Extension,

the applicant must provide to the department, adequate documentation that one of the following conditions

exists:

(i) the motorist qualifies for a Low Mileage Waiver, LowIncome Time Extension or Individual Vehicle Waiver; or

(ii) the motor vehicle will no longer be operated in the

affected county.

(E) A vehicle that receives a Parts Availability Time

Extension in one testing cycle must have the vehicle

repaired and re-tested prior to the expiration of such extension or must qualify for another type of waiver or time

extension, in order to be eligible for a Parts Availability

Time Extension in the subsequent testing cycle.

(F) The length of a Parts Availability Time Extension shall

depend upon expected delivery and installation date(s) of

the uncommon part(s) as determined by the department

representative on a case by case basis. Parts Availability

Time Extensions will be issued for either 30, 60 or 90

days.

(G) The department shall issue a unique time extension

sticker for Parts Availability Time Extensions.

(4) Individual Vehicle Waiver.

(A) Eligibility. If a vehicle has failed an emissions test

required by the vehicle emissions I/M program, a motorist

may petition the designated representative of the department for an Individual Vehicle Waiver in order for the vehicle to receive a state inspection certificate. The motorist

must demonstrate that all reasonable measures (diagnostics, repairs, replacement parts, etc.) have been

taken to bring the vehicle into compliance with the program, but have failed. The department will review the

measures taken by the motorist to insure that they

have been performed, further measures would be economically unfeasible during this inspection cycle, and a

waiver will result in a minimal impact on air quality. A vehicle may be eligible for an Individual Vehicle Waiver provided that:

(i) it failed both the initial emissions inspection and retest; and

(ii) the motorist has incurred qualified emissions-related

repairs, as defined by subsection (e)(1)(B) of this section, costing equal to or are in excess of the maximum

reasonable repair expenditure amounts, as defined

herein for the county in which the vehicle is registered.

(B) Maximum Reasonable Repair Expenditure Amounts.

The applicable amounts are:

(i) affected counties, except El Paso county--$600, and

(ii) El Paso county--$450.

(C) Validity. The individual vehicle waiver shall be valid

through the end of the twelfth month from the date of

issuance. Motorists must apply for the individual vehicle

waiver each testing cycle.

(D) Conditions. The following conditions must be met in

order to receive an individual vehicle waiver:

(i) the vehicle must pass a visual inspection performed

by a department representative to insure that the emissions repairs being claimed have actually been performed;

(ii) the diagnosis, parts, and labor receipts for the qualified

emissions-related repairs must be presented to the

department and support that the emissions repairs being

claimed have actually been performed; and

5-17
(iii) the valid re-test Vehicle Inspection Report (VIR) and

valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented to the department. If labor and/or

diagnostic charges are being claimed towards the individual vehicle waiver, the VRF shall be completed by a

Recognized Emissions Repair Technician of Texas.

(f) Prohibitions.

(1) No person may operate or allow to be operated any

motor vehicle that does not comply with:

(A) all applicable air pollution emissions control-related

requirements included in the annual vehicle safety inspection administered by the department, as evidenced by a

current valid inspection certificate affixed to the vehicle

windshield; and

(B) the vehicle emissions inspection and maintenance

requirements contained in the Revised Texas I/M SIP.

(2) No person or entity may own, operate, or allow the operation of a designated vehicle in an affected county

unless the vehicle has complied with all applicable vehicle

emissions inspection and maintenance requirements contained in the Revised Texas I/M SIP, unless otherwise provided for herein.

(3) No person may issue or allow the issuance of a Vehicle

Inspection Report (VIR), as authorized by the department,

unless all applicable air pollution emissions control-related

requirements of the annual vehicle safety inspection and

the vehicle emissions inspection and maintenance requirements and procedures contained in the Revised Texas I/M

SIP are completely and properly performed in accordance

with the rules and regulations adopted by the department

and the TCEQ.

(4) No person may allow or participate in the preparation,

duplication, sale, distribution, or use of false, counterfeit, or

stolen inspection certificates, VIRs, VRFs, vehicle emissions repair documentation, or other documents which

may be used to circumvent the vehicle emissions inspection and maintenance requirements and procedures contained in Texas Transportation Code, Chapter 548 and the

Revised Texas I/M SIP.

(5) No organization, business, person, or other entity may

represent itself as an inspector certified by the department,

unless such certification has been issued pursuant to

the certification requirements and procedures contained in

the Revised Texas I/M SIP and the rules and regulations of

the department.

(6) No person may act as or offer to perform services as a

Recognized Emissions Repair Technician of Texas or a

Recognized Emissions Repair Facility of Texas, as defined

in subsections (h) and (i) of this section, without first

obtaining and maintaining recognition by the department.

(g) Violation/Penalties. Pursuant to Texas Transportation

Code, §548.601, any person who operates a designated

vehicle in an affected county without displaying a valid

unique emissions inspection certificate, may be subject to a

fine in an amount not to exceed that set out in Texas

Transportation Code, §548.604.

(h) Requirements for Recognized Emissions Repair

Technicians of Texas. The department will recognize automotive repair technicians that meet the qualifications as set

forth herein.

(1) In order to be recognized by the department as a

Recognized Emissions Repair Technician of Texas, the

technician must:

(A) have a minimum of three years full-time automotive

repair service experience;

(B) possess current certification in the following areas

based on the following tests offered by the National

Institute of Automotive Service Excellence (ASE):

(i) Engine Repair (ASE Test Al);

(ii) Electrical/Electronic Systems (ASE Test A6);

(iii) Engine Performance (ASE Test A8); and

(iv) Advanced Engine Performance Specialist (ASE

Test Ll); and

(C) must be employed by a Recognized Emissions

Repair Facility of Texas, as defined herein.

(2) A Recognized Emissions Repair Technician of Texas

shall perform the following duties:

(A) complete and certify the VRF form(s); and

(B) notify the DPS in writing within 14 days of changes in

the technician's ASE testing status.

(3) Failure to comply with these rules and failure to meet

the qualifications set out herein may result in the department ceasing to recognize the technician.

(i) Requirements for Recognized Emissions Repair Facilities

of Texas.

(1) In order to be recognized by the department as a

Recognized Emissions Repair Facility of Texas, the facility

must:

(A) employ at least one full-time Recognized Emissions

Repair Technician of Texas, as described in subsection

(h) of this section; and

5-18
(B) possess equipment to perform the functionality of

the following items:

(i) ammeter;

(ii) compression tester;

(iii) cooling system tester;

(iv) dwellmeter;

(v) engine analyzer;

(vi) five gas exhaust analyzer (which can perform diagnostic repair for at least hydrocarbon (HC), carbon

monoxide (CO), carbon dioxide (CO2), and oxides of

nitrogen (NOX), except for those in Travis, Williamson,

and El Paso counties which require a four gas exhaust

analyzer (which can perform diagnostic repair for at

least hydrocarbon (HC), carbon monoxide (CO), and

carbon dioxide (CO2) ;

(vii) fuel pressure/pressure drop tester;

(viii) ohmmeter;

(ix) repair reference information;

(x) scan tool/or OBDII capable testing equipment;

(xi) tachometer;

(xii) timing light;

(xiii) vacuum/pressure gauge;

(xiv) vacuum pump; and;

(xv) volt-meter.

(2) A Recognized Emissions Repair Facility of Texas shall:

(A) notify the DPS in writing within 14 days of changes in

the facility's technicians' ASE testing status or employment status and the facility's equipment functionality status; and

(B) agree in writing upon application for recognition by

the department to maintain compliance with the qualifications enumerated in paragraph (1) of this subsection, in

order to maintain recognition by the department.

(3) Failure to comply with these rules and failure to meet

the qualifications set out herein, may result in the department ceasing to recognize the facility.

(j) Certified emissions inspection station requirements.

(1) In order to be certified by the department as an emissions inspection station, for purposes of the emissions I/M

program, the station must:

(A) be licensed by the department as an official vehicle

inspection station;

(B) comply with the DPS Rules and Regulations Manual

for Official Vehicle Inspection Stations and Certified

Inspectors and other applicable rules and regulations of

the department;

(C) complete all applicable forms and reports as required

by the department;

(D) purchase or lease emissions testing equipment that

is currently certified by the TCEQ to emissions test vehicles, or upgrade existing emissions testing equipment to

meet the current certification requirements of the TCEQ;

(E) have a designated telephone line dedicated solely for

each vehicle emissions analyzer to be used to perform

vehicle emissions tests; and

(F) enter into and maintain a business arrangement with

the Texas Information Management System contractor to

obtain a telecommunications link to the Texas Information

Management System Vehicle Identification Database

(VID) for each vehicle emissions analyzer to be used to

inspect vehicles as described in the Revised Texas I/M

SIP.

(G) All public certified emissions inspection stations in

affected counties, excluding Travis, Williamson, and El

Paso counties shall offer both the ASM-2 test and the

OBD test. Certified emissions inspection stations in these

affected counties desiring to offer OBD-only emission

testing to the public must request a waiver as low volume

emissions inspection station from the department

Regional Supervisor. All public certified emissions

inspection stations in El Paso, Travis and Williamson

counties shall offer both the OBD and TSI test.

(2) Failure to comply with these rules may result the in

denial, suspension or revocation of an inspection station's

certificate of appointment, pursuant to Texas

Transportation Code, §548.405, or in a fine, pursuant to

Texas Transportation Code, §542.301 and §548.601, in an

amount not to exceed that set out in Texas Transportation

Code, §542.401.

(k) Certified emissions inspector requirements.

(1) To qualify as a certified inspector, an individual must:

5-19
(A) be licensed by the department as an official vehicle

inspector;

(B) must complete the training required for the Vehicle

Emissions Inspection Program and receive the department's current approved inspector's certificate for such

training;

(C) must comply with the DPS Rules and Regulations

Manual for Official Vehicle Inspection Stations and

Certified Inspectors and other applicable rules, regulations, and notices of the department; and

(D) complete all applicable forms and reports as required

by the department.

(2) Failure to comply with these rules may result in the

denial, suspension or revocation of a certified inspector's

certificate, pursuant to Texas Transportation Code,

§548.405, or in a fine, pursuant to Texas Transportation

Code, §542.301 and §548.601, in an amount not to exceed

that set out in Texas Transportation Code, §542.401.

(l) Inspection and Maintenance Emissions Testing Fees. The

fees for emissions testing will be set by the TCEQ. The fee

for an emissions test shall provide for one free re-test for

each failed initial emissions inspection, provided that the

motorist has the re-test performed at the same inspection

station where the vehicle originally failed and the re-test is

conducted within 15 calendar days of the initial emissions

test, not including the date of the initial emissions test.

(m) Audits.

(1) The department is authorized to perform covert and

overt audits pertaining to the emissions testing program.

(2) The department may authorize enforcement personnel

or other individuals to remove, disconnect, adjust, or make

inoperable vehicle emissions control equipment, devices,

or systems and to operate a vehicle in the tampered

condition in order to perform a quality control audit of an

inspection station or other quality control activities as

necessary to assess and ensure the effectiveness of the

vehicle emissions inspection and maintenance program.

(n) Authority to publish manuals. The Public Safety

Commission authorizes the director of the Department of

Public Safety to promulgate, publish and distribute

necessary manuals of instruction and procedure for the

implementation of the emissions I/M testing program in a

manner not inconsistent with these rules. The department

adopts by reference the VEHICLE EMISSIONS INSPECTION

AND MAINTENANCE RULESAND REGULATIONS MANUAL

FOR OFFICIAL VEHICLE INSPECTION STATIONS AND

CERTIFIED INSPECTORS as the standard for conducting

emissions inspections in designated counties. Any violation

of these rules and regulations may result in the suspension

or revocation of the certificate of appointment of the vehicle

inspection station or certificate of the certified inspector.

Such manual(s) shall be available for public inspection at

reasonable times at offices of the department as designated

by the director.

-------------------------------------------------------------------------------

Source Note: The provisions of this §23.93 adopted to be

effective January 1, 1997, 21 TexReg 12426; amended to be

effective September 9, 1997, 22 TexReg 9007; amended to

be effective February 6, 2001, 26 TexReg 1163; amended to

be effective January 10, 2002, 27 TexReg 277; amended to

be effective July 17, 2003, 28 TexReg 5541; amended, to be

effective June 13, 2005, 30 TexReg 3432.

5-20
05.25.02 RULE §23.95 Waiver for Low Volume Emissions

Inspection Stations

(a) General. 37 TAC §23.93(j)(1)(G) of this title (relating to

Vehicle Emissions Inspection and Maintenance Program)

requires that all public certified emissions inspection stations offer both Acceleration Simulation Mode 2 (ASM2)

and On-Board Diagnostic II (ODBII) vehicle emissions

tests. This section provides the requirements, application

procedures, and the limitations of the low volume waiver

provided by 37 TAC §23.93 (relating to Vehicle Emissions

Inspection and Maintenance Program). This waiver allows

a public certified inspection station to perform limited state

required vehicle emission testing on 1996 and newer

model year vehicles using department approved OBDII

testing equipment. Government and fleet inspection stations do not require this waiver.

(b) Limitations of low volume waiver.

(1) Notwithstanding subsection (a) of this section, under

no circumstance shall an inspection station, public, government or fleet, operating with only OBDII test equipment issue an inspection certificate to a "designated

vehicle" as defined in 37 TAC §23.93 of this title (relating

to Vehicle Inspection Emissions and Maintenance

Program) which is model year 1995 and older.

(2) An inspection station operating under a low volume

waiver is limited to performing 1200 emission inspections

per year. This limitation is achieved through the OBD

analyzer software and the vehicle inspection database

contractor. Each month, the inspection station is allocated 100 emission tests. After the monthly test allocation of

the station has been used, no more inspections will be

allowed until the next month. In the event that the station

performs less than 100 emission tests, the remaining

number will carry over to the next month. The annual

waiver limit number will be automatically reset each

January with no carry over from the previous year.

(c) Applications for waiver.

(1) New inspection station applications shall follow the

procedures in 37 TAC §23.1 of this title (relating to New

Applications) with the addition that the application form

be annotated with "LOW VOLUME WAIVER - OBD

ONLY" at the top of the form. New applicants will include

written acknowledgement of limitation of low volume

waiver as indicated in paragraph (2)(G) of this subsection.

(2) Owners or operators of currently certified emission

inspection stations shall request this waiver by letter or

fax to the local department Regional Supervisor. This

written correspondence must include the following:

(A) Station name,

(B) Physical address of the station,

(C) Mailing address of the station,

(D) Station number,

(E) Signature of the station owner or operator,

(F) Copy of purchase order or receipt for state approved

OBDII only emission testing equipment, and

(G) Signatory's statement acknowledging the limitations

of low volume waiver. This statement shall read as follows: "I understand the conditions and limitations of

being granted a low volume, OBD only emissions

inspection station waiver. I agree to the limitation of

1200 annual emissions tests per year and agree to the

100 monthly emission test limit. I agree this inspection

station shall not issue certificates to other than 1996

and newer model year designated vehicles. I understand and agree that violating the terms of this waiver

shall result in the suspension and/or revocation of this

station's certification."

(3) The local Regional Supervisor will objectively review

each application. After review, the Regional Supervisor

shall indicate approval or disapproval by endorsement,

with a copy provided to the requesting inspection station

and the departmental file on the station. If disapproved,

the Regional Supervisor must provide reasons for the

department's denial of the waiver.

(d) In order to encourage a stable and viable program for

providing emissions testing to the public in all areas of an

affected county, the department will review the annual low

volume waiver and monthly test number limitations on a

regular basis and revise these number limits accordingly.

(e) This waiver is not available for inspection stations in El

Paso County.

5-21
5-23

Low Volume Emissions Inspection Station Waiver

"OBD Only"

Date: _______________________

TO: DPS Regional Supervisor

(address)

The inspection station below requests an "OBD-Only" Low Volume Emissions Inspection Station

Waiver.

Station name:____________________________________________________________

Station number: __________________________________________________________

Physical address of the station: ______________________________________________

Mailing address of the station: _______________________________________________

A copy of the purchase order or receipt for a state approved OBDII only emissions testing equipment is attached.

By signing below, I, the station owner or operator, acknowledge that I have read and understand

the limitations of the low volume waiver, to wit:

“I understand the conditions and limitations of being granted a low volume, OBD only emissions

inspection station waiver. I agree to the limitation of 1200 annual emissions tests per year

and agree to the 100 monthly emissions test limit. I agree this inspection station shall

not issue certificates to other than 1996 and newer model year designated vehicles. I

understand and agree that violating the terms of this waiver shall result in the suspension

and/or revocation of this station's certification."

Signature of the station owner or operator:

__________________________________________

Printed or typed name of station owner or operator:

___________________________________

For department use only.

Approve: ___________________________ Disapprove: ____________________________

Regional Supervisor signature: _________________________________________________

Reasons for Disapproval: __________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

____________________

Distribution: Original to department file and copy to requesting station.
05.25.03 RULE §23.96 Emissions Analyzer

Access/Identification Card

(a) General. Access to the vehicle emissions analyzers at

certified inspection stations in all counties shall be controlled

using an access/identification card.

(b) Access/Identification Card (Access/ID card).

(1) The department will issue an Access/ID card to each

certified inspector who performs emissions testing. The

Access/ID card will be in a format prescribed by the department that identifies the individual as a department-certified

inspector. At a minimum, it will contain the following additional information:

(A) photograph of the inspector;

(B) inspector's name, first and last;

(C) inspector identification number; and

(D) bar coded information used to authenticate inspection

records with the Texas Information Management System

(TIMS).

(2) At the time of issue, the Access/ID card is enrolled into

the Texas Information Management System (TIMS) by a

department technician. The Access/ID card will not be activated until this enrollment in the TIMS is complete.

(3) The Access/ID card is the inspector's official identification. Inspectors must carry the Access/ID card on their person at all times while performing inspection duties; and it

must be presented to any department official upon request.

(4) Access/identification cards are nontransferable, nor

may they be duplicated. The inspector is responsible for all

transactions made between the vehicle analyzer and the

Texas Information Management System made using their

Access/ID card.

(5) The inspector is responsible for upkeep of the card.

Loss of an Access/ID card shall immediately be reported to

the proper department representative. The replacement

fee for a lost, defaced, stolen, or discarded Access/ID card

is $10.00.

(6) All Access/ID cards are the property of the department

and must be returned upon request.

(7) Any lost or stolen Access/ID card recovered, which cannot be immediately returned to the proper cardholder, will

be returned to the department. Returned Access/ID cards

may be claimed by the inspector after showing proof of

identity.

(8) The data records maintained in the Texas Information

Management System are government records. Fraudulent

use of the Access/ID card or the entering of false information using the Access/ID card will subject the user to criminal action under either Penal Code §37.10, Transportation

Code §548.601, or both as well as administrative action by

the department.

(c) Use of Access/Identification Card (Access/ID card).

(1) Before an official emissions inspection may begin, the

inspector must enter two codes that uniquely identify the

vehicle inspection record with the inspector.

(2) The vehicle emissions analyzer first requires the entry

of the inspector's access code. The entry of the access

code is via the 2-D bar code reader, which reads the

access code from an access/identification card. The

inspector is required to enter his access code using the

analyzer bar code reader for every inspection. The vehicle

analyzer automatically verifies the inspector's access

code, certification expiration date, and the presence of an

inspector or station lockout.

(3) After the inspector's access code is validated, the

inspector will then be required to enter a unique personal

identification number (PIN) known only to the inspector.

This PIN is encrypted on the analyzer and is unreadable to

anyone and is neither displayed nor printed in any way.

Inspectors may not give, share, lend, or divulge this PIN to

another person without the explicit consent of appropriate

department personnel. Failure to comply with this paragraph shall result in suspension or revocation of the

inspector's certification as well as any appropriate criminal

action or administrative disciplinary action. Inspectors are

responsible for unauthorized access of the Texas

Information Management System resulting from their negligence or carelessness in maintaining the confidentiality of

their Personal Identification Number (PIN).

(d) Inspector's signed statement acknowledging the department's policy for the use and protection of emissions analyzer access/identification card. Each inspector shall, as a

condition of issue of the Access/ID card, complete and sign,

on a locally produced form, the following statement:

Attached Graphic

5-25
5-27

Figure: 37 TAC §23.96(d)

DPS Policy for the Use and Protection of Emissions Analyzer Access/Identification Card

I acknowledge that I have read the Department of Public Safety Rule for the use and protection

of the Emissions Analyzer Access/Identification Card and corresponding Personal Identification

Number (PIN). I understand that I must comply with the rule when accessing and using the vehicle emissions analyzer and my failure to comply with the rule may result in suspension or revocation of the inspector's certification as well as any appropriate criminal action or administrative

disciplinary action.

Signature:______________________________

Printed Name: __________________________

Inspector ID #: _________________________

Date: _________________________________
5-29

GLOSSARY OF TERMS

05.30.00

Gas Audit -The examination and verification of the validity and integrity of the exhaust gas

analyzer's operation. (Analyzer to be audited by DPS representative quarterly.)

Leak Check - A method of verifying there are no leaks in the gas analyzer's lines, fittings, probes,

and infrared bench.

Low Flow - The inability of an adequate gas sample to flow through the infrared bench, usually

caused by clogged filters or a crimped hose.

Tamper Lock-Out -An indication to the analyzer operator that tamper switches on the gas

analyzer have been actuated and the emissions testing can no longer be continued.