### 1 2 3 15A NCAC 02D .1002 is amended with changes as published in 28:04 NCR 329 as follows:

15A NCAC 02D .1002 APPLICABILITY (a) This Section [Rule ] i s Rules .1002 through .1006 of this Section are applicable to all light-duty gasoline vehicles 

### 4 gasoline

- powered [and hybrid

- powered ] motor vehicles, for model years 1996 or more recent model years , except 

### 5 6 motorcycles and excluding the current model year, [year; ] and applies to all vehicles that are: 

### 7 [(1) until the time the criteria in subparagraph (a)(2) are met, 

### 8 (2) as of January 1, 2014 or the first day of a month that is 30 days after the U.S. Environmental 

### 9 Protection Agency approves th e State Implementation Plan re vision and the replacement of the 

### 10 Motor Vehicle Inspection and Law Enforcement System being certified by the Commissioner of 

### 11 Motor Vehicles, whichever occurs later, this rule is applicable to all gasoline

- powered and hybrid



### 12 powered motor vehicles of a 1996 or more recent model excep t the vehicles in the three most 

### 13 recent model years with less than 70,000 miles on their odometers , plug

- in and fuel

- cell electric 

### 14 motor vehicles and motorcyc les as specified in G.S. 20

- 183.2(b) that are: ] (1) [(A) ] required to be registered by the North Carolina Division of Motor Vehicles in the 

### 15 counties identified in Paragraph (b ) (d) of this Rule; 

### 16 17 18 (2) [(B) ] part of a fleet primarily operated with in the counties identified in Paragraph (b ) (d) of this Rule; or (3) [(C) ] operated on a federal installation located in a county identified in Paragraph (b ) (d) of this 

### 19 Rule and that meet the requir ements of 40 CFR 51.356(a)(4). CFR 51.356(a)(4); or 

### 20 21 (4) otherwise required under G.S. 20-183.2(b)(5). 

### 22 (b) The first day of a month that is 30 days after the U. S. Environmental Protection Agency approves the State 

### 23 Implementation Plan revision and the replacement of th e Motor Vehicle Inspection and Law Enforcement System 

### 24 being certified by the Commissioner of Motor Vehicles, whichever occurs later, Rules .1002 through .1006 of this 

### 25 Section shall apply to 1996 or more recent model for motor vehicles under Paragraph (a) of this Rule, excluding the 

### 26 three most recent model years with le ss than 70,000 miles on their odometers. 

### 27 (c) Rules .1002 through .1006 of this Section shall not apply to motorcycles, plug-in electric vehicles or fuel cell 

### 28 electric vehicles as specifi ed in G.S. 20-183.2(b). 

### 29 (b ) (d) The emission control standards of this Section shall become effective in the counties identified in G.S. 143

- 

### 30 31 215.107A on the d ates specified in G.S. 143-215.107A.

History Note: Authority G.S. 20-128.2(a); 20-183.2 ; 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 

### 32 143-215.107(a)(7); 143-215.107A; 20

- 183.2; 

### 33 34 35 36 37 Eff. December 1, 1982; Amended Eff. July 1, 1992; April 1, 1991; Temporary Amendment Eff. January 1, 1993 for a period of 180 days or until the permanent rule becomes effective, wh ichever is sooner;

12 Amended Eff. January 1, 2014; August 1, 2002; July 1, 1994; July 1, 1993. 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

### 1 2 3 15A NCAC 02D .1003 is amended with changes as published in 28:04 NCR 329-330 as follows:

15A NCAC 02D .1003 DEFINITIONS The following definitions of terms apply to Rules [02D ] .1002 through [02D ] .1006 of this Section regulating either 

### 4 gasoline-powered and or hybrid-powered motor [vehicles ] throughout this Section: vehicles: 

### 5 6 (1) [(8) ] “Fuel Cell Electric Vehicle” means as defined in G.S. [20

- 4.01( 1 2 a)

. ] 20-4.01. 

### 7 (2) [(5) ] “Gasoline-powered Motor Vehicle” means a four-wheeled motor vehicle designed primarily to be 

### 8 propelled by the burning of gasoline in an internal combustion engine. 

### 9 10 (3) [( 1 ) ] "Heavy-duty Gasoline Vehicle" means either a gasoline-powered or and hybrid-powered motor vehicle which is designed primarily for: 

### 11 (a) transportation of property and has a GVWR (Gross Vehicle Weight Rating ) Gross 

### 12 Vehicle Weight Rating (GVWR) of more than 8,500 pounds. pounds but less than 14,001 

### 13 14 pounds; (b) transportation of persons and has a capacity of more than 12 persons; or 

### 15 16 17 (c) use as a recreational motor vehicle , which vehicle that is designed primarily to provide temporary or permanent living quarters for tr avel, camping, or other recreational use and has a GVWR of more than 8,500 pounds. 

### 18 (4) [(6) ] “Hybrid-powered Motor Vehicle” m eans a four-wheeled motor vehicl e designed to be propelled 

### 19 by a combination of one or more electric motors and the burning of gasoline in an internal 

### 20 combustion engine. 

### 21 22 23 24 (5) [( 2) ] "Light-duty Gasoline Vehicle" means either a gasoline-powered or and hybrid-powered motor vehicle which is designed primarily for: (a) transportation of property and has a GVWR of 8,500 pounds or less; or (b) transportation of persons and has a capacity of 12 persons or less. 

### 25 (6) [(9) ] “Model year ” means the year used to designate a disc rete vehicle model, irrespective of the 

### 26 calendar year in which the vehi cle was actually produced, provided that the production period 

### 27 does not exceed 24 months. 

### 28 (7) [(4) ] "Motorcycle" means an y motor vehicle having a seat or saddle for the use of the rider and 

### 29 designed to travel on not more than three wheels in contact with the ground. [s addle for the use of 

### 30 the rider and designed to travel on not more than three wheels in contact with the ground, 

### 31 including motor scooters and motor

- driven bicycles, but excluding tractors and utility vehicles 

### 32 equipped with an additional form of device designed to transport property, three

- wheeled vehicles 

### 33 whil e being used by law

- enforcement agencies and mopeds as defined in subdivision d1 of this 

### 34 subsection” ] as defined in G.S. [20

- 4.01( 2 7 ) d

. ] 20-4.01. 

### 35 (8) [(3) ] "Motor Vehicle" means any self

- propelled vehicle used for transporting property or persons. 

### 36 [every vehicle which is self

- propelled and every vehicle designed to run upon the highways which 

### 37 is pulled by a self

- propelled vehicle ] as defined in G.S. [20

- 4.01( 23 )

. ] 20-4.01.



### 1

### 2 (9) [(7) ] “Plug-in Electric Vehicle” means as defined in G.S. [20

- 4.01( 2 8a)

. ] 20-4.01. 

### 1 (10) [(11 )] “Three most recent model [years” means the current (first) model year and the second and third 

### 2 model years following the current model year .] years.” For the purposes of Rules .1002 through 

### 3 .1006 of this Section, the term “Three most recent model years” shall be calculated by adding 

### 4 three years to the vehicle’s Ve hicle Identification Number (VIN ) or the registration card model 

### 5 year to determine the first calendar year an emissions inspection is required. 

### 6 (11) [(12 )] “Vendor" means any person who sells or leases e quipment to inspection stations that is used to 

### 7 perform on-board diagnostic tests to show compliance with Rule [02D ] .1005 of this Section. 

### 8 [(10) ] [“Current model year means the most recent year used to designate a discrete vehicle model, 

### 9 irrespective of the calendar year in which the ve hicle was actually produced, provided that the 

### 10 production period does not exceed 24 months. ] 

### 11 12 History Note: Authority G.S. 20

- 4.01 (12a) ; 20

- 4.01 (28a) 

### ; 20-4.01; 143-215.3(a)(1); 

### 13 14 Eff. December 1, 1982, Amended Eff. February 1, 2014. 

### 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

### 1 2 3 15A NCAC 02D .1005 is amended as published in 28:04 NCR 330 as follows:

15A NCAC 02D .1005 ON-BOARD DIAGNOSTIC STANDARDS 

### 4 (a) This Rule applies according to shall apply to all vehicles set forth in Rule .1002 of this Section. to all 1996 and 

### 5 later gasoline

- powered [ and hybrid

- powered ] motor vehicles, [vehicles 1996 or more recent models except the 

### 6 vehicles in the three most recen t model years with less than 70, 000 miles on their odometers, except plug

- in and 

### 7 8 9 10 11 fuel

- cell electric motor vehicles, and ] motorcycles, in the counties identified in G.S. 143

- 215.107A

. (b) Vehicles covered under this Rule shall pass annually the on-board diagnostic test described in 40 CFR 85.2222. The vehicle shall fail the on-board diagnostic test if any of the conditions of 40 CFR 85.2207 are met. Equipment used to perform on-board diagnostic tests shall meet the requirements of 40 CFR 85.2231. (c) The tester shall provide the owner of a vehicle that fails the on-board diagnostic test described in Paragraph (b) of this Rule a report of the test results. This report shall include the codes retrieved (these codes are listed in per 40 

### 12 CFR 85.2223(b )), 85.2223(a), the status of the malfunction indicator light illumination command, and the customer alert statement described in 40 CFR 85.2223(c). 

### 13 14 15 16 17 (d) Persons performing on-board diagnostic tests shall provide the Di vision of Air Quality data necessary to determine the effectiveness of the on-board diagnostic testing program. The data submitted shall be what is necessary to satisfy the requirements of 40 CFR 51.365, Data Collection, and 40 CFR 51.366, Data Analysis and Reporting. Reporting, and 40 CFR 51.358, Test Equipment. 

### 18 19 (e) All references to federal regulations include subs equent amendments and editions. All federal regulations referenced in this Rule can be accessed free of charge at 

### 20 http://www.gpo.gov/fdsys/browse/coll ectionCfr.action?collectionCode=CFR

. 

### 21 22 23 History Note: Authority G.S. 20-128.2(a); 143-215.3(a)(1); 143-215.107(a)(6); 143-215.107(a)(7); 143- 215.107A(b); S.L. 1999 c. 328 s. 3.2 

### 24 25 Eff. December 1, 1982; 

### 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Amended Eff. January 1, 2014 ; Amended Eff. August 1, 2002; July 1, 1998; April 1, 1991; November 1, 1986.



### 1

### 1 2 3 15A NCAC 02D .1006 is amended with changes as published in 28:04 NCR 330-331 as follows:

15A NCAC 02D .1006 SALE AND SERVICE OF ANALYZERS (a) Definition. For the purposes of this Rule, "vendor" means any person who sells or leases equipment to 

### 4 inspection stations that is used to measure emissions from motor vehicles for the purpose of showing 

### 5 6 compliance with Rule .1004 of this S ection or that is used to perform on

- board diagnostic tests to show 

### 7 compliance with Rule .1005 of this Section. 

### 8 9 10 11 (b) (a) Requirements. A vendor shall not sell or lease equipment unless it meets the requirements of 40 CFR 85.2231 Onboard Diagnostic Test Equipment Requirements, and has the software necessary to record and transmit the data required by the Division of Motor Vehicles and the Division of Air Quality to determine compliance with the inspection/maintenance program requirements of this Section. (c) ( b ) Hardware repair and software repair. When equipment hardware or software fails to meet the requirements of 

### 12 Paragraph (b) (a) of this Rule for a particular analyzer, the vendor, after receiving a call from an inspection station to 

### 13 its respective service call center, shall communicat e with the impacted st ation within 24 hours: hours and: [: two 

### 14 15 business days and shall complete repairs within the warranty guidelines of the vendor. ] 

### 16 17 18 (1) Where the hardware problem is stopping 20 percent or more inspections for a particular analyzer or is compromising the security of the inspection system, the vendor shall repair the problem within 48 hours after the initial call to its respective service call center. 

### 19 (2) (1) Where the hardware problem is stopping less th an 20 percent of all inspections for a particular 

### 20 analyzer and is not compromising the security of the inspection system, the vendor shall repair the 

### 21 problem within 72 hours after the initial call to its respective service call center. (3) (2) Where the hardware problem is not stopping insp ections and is not compromising the security of 

### 22 the inspection system, the vendor shall repair the problem within 96 hours after the initial call to 

### 23 its respective service call center. 

### 24 (d) ( c ) Software repair revisions. When analyzer softwa re fails to meet the requirements of Paragraph (b ) (a) of this 

### 25 Rule, the vendor, after receiving a call from an inspection station to its respective service call center, shall 

### 26 communicate with the station within 24 hours. [two business days. ] The vendor shall identif y and characterize the software problem within 5 days. The vendor shall, within that same 5-day period, inform the station owner and the 

### 27 28 Division as to the nature of the problem and the proposed corrective course of action action; and: [action. ] 

### 29 (1) Where the software problem is stopping 20 percent or more inspections for a particular analyzer or 

### 30 is compromising the security of the inspection system, the vendor shall submit a new revision of the 

### 31 software to the Division for approval within 19 da ys after receiving the initial call to its service call 

### 32

center. 

### 33 (2) Where the software problem is stopping less than 20 percent of all inspections for a particular 

### 34 analyzer and is not compromising the security of the inspection system, the vendor shall submit a 

### 35

new revision of the software to the Division for approval within 33 days after receiving the initial 

### 36

call to its service call center. 

### 37

12 (3) The vendor shall distribute the new revision of the software to all impacted stations within 14 days 

### 1

after the vendor receives writt en notification from the Division that the software has been approved as 

### 2 meeting the requirements of Paragraph (b) (a) of this Rule. 

### 3 (e) ( d ) Documentation of the initial service call. The vendor's service call center shall assign a unique service response number to every reported new hardware or softwa re problem. The time and date of the initial call shall be recorded and identified with the service response number. The service response number shall be communicated to the inspection station operator at the time of the initial contact. 

### 4 5 6 7 8 9 10 History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6), (14); Eff. January 1, 2007; Amended Eff. January 1, 2014 ; 

### 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

### 1 2 3 4 5 6 7 15A NCAC 02D .1009 is repealed as published in 28:04 NCR 331-332:

15A NCAC 02D .1009 MODEL YEAR 2008 AND SUBSEQUENT MODEL YEAR HEAVY-DUTY DIESEL VEHICLE REQUIREMENTS

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6)-(7); Eff. December 1, 2004; 

### 8 9 Repealed Eff. January 1, 2014.



### 1