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PART I ADMINISTRATION OF THE GOVERNMENT 

TITLE XVI PUBLIC HEAL TH 

CHAPTER 111 PUBLIC HEAL TH 

Section 142M Motor vehicle emissions insp ection and repair; definitions ; rules and regulations ; 

inspection facilit ies; waive rs ; quality assurance prog ram ; violations 

Section 142M. (a) As used in this section, the following words shall have the following 

meanings unless the context clearly requires otherwise: 

"Commissioner", the commissioner of environmental protection. 

"Department", the department of environmental protection. 

Print 

"Dynamometer", a device which applies a load to a vehicle's drive wheels while operating in a 

stationary, secure position to simulate actual driving conditions for an emissions inspection. 

"Electronic network", or "network", a computerized communication system including, but not 

limited to, the computers, communications devices and software for such system which links 

emissions analyzers, the department's emissions database, and the registry of motor 

vehicles' registration database and which allows the department and the registry to store and 

analyze data on motor vehicle emissions inspections, motor vehicles and emissions 

inspectors. 

"Emissions analyzer", a device which measures the volume of air pollutants and gases in 

motor vehicle exhaust or a device which analyzes a motor vehicle's computer system relating 

to emissions. 

"Emissions inspection", a component of the periodic staggered inspection of motor vehicles 

required by section 7 A of chapter 90 which may include, but shall not be limited to, the 

inspection of a motor vehicle's emissions control equipment, including its computer system 

relating to emissions, the measurement of air pollutant concentrations or mass in vehicle 

exhaust with an analyzer while the vehicle is operated on a dynamometer, the verification of 

vehicle fuel system integrity and the entry of a complete emissions inspection record in the 

registry's database for the vehicle being inspected, as prescribed by the department in 

regulations and performed by an emissions inspector. 

"Emissions inspection certificate" or "inspection certificate", a printed statement, instrument or 

device in a form prescribed by the registrar, in consultation with the commissioner, which 

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provides inspection information and facilitates effective enforcement of the emissions 

inspection and maintenance requirements of this section and chapter 90. 

"Emissions inspection facility", a facility, licensed by the registrar under section 7W of chapter 

90 for conducting motor vehicle emissions inspections and other related duties. 

"Emissions inspector", a properly trained person, licensed by the registrar and certified by the 

department and meeting the department's requirements for performing motor vehicle 

emissions inspections. 

"Emissions repair technician", a person registered with the department and meeting 

departmental training standards for diagnosing and repairing motor vehicles which fai l an 

emissions inspection. 

"Emissions inspection and maintenance program" or "l&M program", a component of the 

periodic staggered motor vehicle inspection required by section 7 A of chapter 90 which shall 

include motor vehicle emissions inspections, including accurate and effective testing of 

vehicles, using emission testing equipment, visual and functional tests of evaporative 

systems, rigorous compliance and enforcement activities and quality assurance and quality 

control procedures which promotes effective emissions repair and maintenance of the motor . 

vehicle. 

"Evaporative emissions test", a test administered to determine whether there are leaks in a 

vehicle's fuel or evaporative control system, such as purge functions of a vapor canister. 

"Emissions waiver certificate", a written statement, instrument or device indicating that the 

requirement of compliance with the emissions standards and criteria for the emissions 

component of the motor vehicle inspection program has been waived for a particular motor 

vehicle. 

"On-road test", a field test designed and conducted to assess the emissions of motor 

vehicles. 

"Registrar", the registrar of motor vehicles. 

"Registry", the registry of motor vehicles. 

"Tampering", (i) the act of removing or rendering inoperative any device or element of design 

installed on or in a motor vehicle or motor vehicle engine in compliance with regulations 

under section 203(a) of the federal Clean Air Act prior to its sale and delivery to the ultimate 

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purchaser; or (ii) for any manufacturer or dealer knowingly to remove or render inoperative 

any such device or element of design after such sale and delivery to the ultimate purchaser. 

"Vehicle identification number" or "VIN ", the unique number assigned to each vehicle by the 

vehicle manufacturer identifying specific vehicle characteristics, such as make, model, model 

year, pollution control devices and the particular vehicle itself. 

(b) Pursuant to this section, the department shall develop the standards, requirements and 

rules and regulations for the emissions component of the periodic staggered inspection 

program establ ished pursuant to section 7 A of chapter 90. It shall be the responsibility of the 

department, under authority of this chapter, to provide the direct primary oversight of the 

operational and environmental aspects of the emissions component of the inspection 

program. Nothing in this section shall be construed to require the leasing or purchasing of a 

dynamometer, an emissions analyzer or any necessary computer hardware or software by an 

emissions inspection facility from the network contractor; provided, however, the network 

contractor shall provide access to the data acquisition and management network to any 

emissions inspection facility who purchases or leases a dynamometer, emissions analyzer or 

necessary computer hardware or software through sources other than the network contractor 

so long as such equipment complies with testing equipment specifications as established by 

the commissioner in consultation with the registrar. Any requests for proposals for contracting 

with a network contractor shall require that the commissioner, in consultation with the 

registrar, shall have oversight over the charge assessed by the network contractor for access 

to the data acquisition and management network to emissions inspection facilities who 

purchased equipment through sources other than the network contractor; provided, however, 

that notwithstanding the provisions of this section, the commissioner and the registrar may 

require emissions inspection facilities to obtain, lease or purchase such equipment from the 

network contractor upon the determination that allowing emissions inspection faci lities to 

lease or purchase such equipment through sources other than the network contractor would 

result in an increase in the inspection fee. Said determination shall be made by the 

commissioner and registrar, in consultation with the secretary of administration and finance, 

only upon a finding that no feasible option exists by which emissions inspection facilities may 

obtain such equipment through sources other than the network contractor without increasing 

the inspection fee. The amount of said fee for said inspection shall be uniform statewide. It 

shall be the responsibility of the registrar, under authority of chapter 90, to license inspection 

facilities and inspectors and to register vehicles complying with the inspection program 

requirements and to conduct audit and enforcement activities related thereto. The 

department, on behalf of the commonwealth, shall be responsible for submitting all 

appropriate and required program regulations on the motor vehicle emissions component of 

the inspection and maintenance program and applicable revisions to the state implementation 

plan to the United States Environmental Protection Agency, in accordance with the 

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requirements of the federal Clean Air Act. The department, in conjunction with the registry, 

may develop and implement a demonstration or pilot of the motor vehicle emissions 

inspection program or elements of such program to evaluate the effectiveness of such 

program, or elements of such program, in successfully reducing air contaminants emitted by 

motor vehicles in the commonwealth as required by federal law. 

The emissions component of the inspection program shal l be required statewide, shall be 

conducted on a staggered basis throughout the year and shall be required of each subject 

motor vehicle at least every two years unless otherwise exempted or specified by the 

department. The commissioner shall establish rules and regulations specifying which motor 

vehicles shall be subject to the motor vehicles emissions component of the inspection 

program. 

The commissioner shall establish rules and reg ulations establishing standards and criteria for 

motor vehicle emissions inspections, giving consideration to the United States Environmental 

Protection Agency's performance standards for the enhanced emissions inspection and 

maintenance program and the level of emission reductions necessary to achieve and 

maintain federal and state ambient air quality standards. Such standards and criteria may 

include, but shall not be limited to, a requirement to test motor vehicle emissions for 

hydrocarbons, carbon monoxide and oxides of nitrogen. The standards and criteria may be 

different for different model years and types of vehicles. 

Street rods and custom vehicles, as defined and registered pursuant to section 2H of chapter 

90, shall receive an emissions waiver certificate. Specially constructed vehicles and replica 

vehicles, as defined and registered pursuant to said section 2H of said chapter 90, and 

registered on or before April 30, 2012, shall receive an emissions waiver certificate. Specially 

constructed vehicles and replica vehicles, as so defined, registered after April 30, 2012 shall 

be subject to emission control requirements based on the model year and configuration of the 

engine installed in the specially constructed or replica vehicle, whether the engine is an 

original equipment manufacturer's production engine, rebuilt engine or crate engine. 

Regulations relative to emissions compliance for replica or specially constructed vehicles 

registered after April 30, 2012 may establish maximum limits on the annual number of vehicle 

miles traveled by these vehicles; provided, however, that any such limit set, shall not be set 

at less than 3,000 miles per year. If the model year of the engine installed in the specially 

constructed or replica vehicle requires an onboard diagnostic system, the vehicle shall be 

subject to an onboard diagnostic system emissions test applicable to the certified 

configuration, including any exclusions or exemptions otherwise granted to that certified 

configuration. 

The commissioner, in consultation with the registrar, shall establish rules and regulations 

relative to testing equipment specifications, including emissions analyzers, quality assurance 

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and quality control procedures for testing equipment, calibration gases, failure rates, emission 

standards, testing procedures, data collection and data analysis, and program evaluation. 

The registrar, in consultation with the commissioner, shall determine the number and location 

of inspection facilities necessary for the success of the emissions component of the 

inspection program while considering consumer convenience and cost and achieving an 

equitable distribution across the commonwealth. Said registrar shall report to the joint 

committee on publ ic safety and the house and senate committees on ways and means the 

actual number and location of inspection faci lities on or before July 1, 1998. The 

commissioner may establish criteria and a process to select qualified applicants who shall be 

authorized to participate in the emissions component of the inspection program. In no event 

shall the use of state-owned or municipal-owned property as a site for an inspection facility or 

a test center relieve the owner or operator of the inspection facility from paying to the 

municipality an amount equal to the local property taxes due if such property was not stateowned or municipal-owned. 

The department and the registry, in implementing the requirements of this section, shall 

acquire personnel, purchase equipment and procure services necessary to achieve the 

objectives hereunder including , but not limited to, the following : (i) inspection of motor 

vehicles; (ii) data acquisition and data management; (iii) quality control and quality 

assurance; (iv) on-road testing; (v) program evaluation; (vi) public communications; (vii) 

research and development; and (viii) any other purposes related to the development and 

implementation of the motor vehicle emissions component of the inspection program. 

The technical and performance specifications of any equipment determined by the 

department to be necessary and required in the implementation of the provisions of this 

section, shall be reevaluated period.ically as to its useful life, flexibility and applicability as to 

changing technological conditions and continued effectiveness in the emissions inspection 

and maintenance program. 

The department and the registry shall contract with or any private entities that demonstrate 

an ability to manage emissions programs, hereinafter referred to as the network contractor, to 

develop and manage the network and inspection faci lities of said motor vehicle inspection 

program. The department and the registry shall, as a term and condition of such contract, 

require the network contractor to: (i) acquire and distribute inspection faci lity equipment; and 

(ii) acquire such equipment and the associated maintenance services from one or more 

suppliers at discount prices through volume purchasing. Such contract shall also include 

performance standards which shall pertain to the motor vehicle inspection program goals as 

set forth in the commonwealth's state implementation plan. Such contract shall also require 

the network contractor to establish at least five test centers to be evenly distributed across 

the commonwealth for research, training, repair assistance and for any other purposes 

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related to the implementation and success of the emissions component of the inspection 

program. The network contractor shall be responsible for achieving such goals as set forth in 

regulations, policies and contract terms established by the department and registry. Such 

contract shall require an extensive public education and awareness program prior to the 

implementation of the motor vehicle inspection program. Such public education program shall 

include, but not be limited to, establishing and maintaining a comprehensive consumer 

outreach campaign concerning air quality, sources of pollutants, relevant aspects of 

automobile maintenance and other topics related to the motor vehicle inspection 

requirements of chapter 90 and this chapter. Such consumer outreach campaign shall 

include a consumer hotline to receive motorists' complaints and to answer questions 

regarding the inspection procedures, repair information and other related inspection issues. 

(c) The commissioner shall establish rules and regulations implementing the motor vehicle 

emissions component of the inspection program required by section 7 A of chapter 90. Such 

rules and regulations may reflect a phased-in schedule for the motor vehicles subject to the 

emissions component of the inspection program; provided, however, that such phase-in shall 

not begin prior to July 1, 1998. The department may continue to implement the motor vehicle 

emissions inspection program established pursuant to section 142J of chapter 111 while 

phasing-in the new requirements of this section. 

The department shall notify the registrar as to which motor vehicles shall be subject to the 

motor vehicle emissions component of the inspection program. Said registrar shall give 

reasonable notification in the form prescribed by said registrar, to the owners of motor 

vehicles subject to the emissions inspection indicating which emissions inspection 

procedures shall be required . The registrar shall not issue a registration or, if such 

registration has already been issued, shall suspend or not renew the registration of any motor 

vehicle which does not comply with the provisions of this section or any regulation 

promulgated hereunder. 

The commissioner may establish regulations for exempting certain motor vehicles from some 

or all of the requirements of this section. The following motor vehicles may be exempt from 

the provisions of this section and may require alternative test procedures: (i) any motor 

vehicle the model year of which is 15 years before the year in which the inspection occurs; (ii) 

any motor vehicle or class of motor vehicle that is exempted by regulation or policy by the 

department because the vehicle or class presents a prohibitive inspection problem or is 

inappropriate for inspection; (iii) any motor vehicle operated exclusively by electric power; (iv) 

any motor vehicle that the United States Environmental Protection Agency or the California 

Air Resources Board new vehicle certification requirements do not require to be equipped 

with an onboard diagnostic system, as determined by the commissioner; and (v) for one 

inspection cycle only, any motor vehicle two model years old or less at the time the vehicle is 

due for inspection. 

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The commissioner and the registrar shall establish procedures under which fleet operators of 

fleets of 12 or more vehicles that are centrally fueled and maintained may be authorized 

under such program to conduct inspections and maintenance activities regarding such 

vehicles, subject to such audit, review and enforcement under this section as the 

commissioner and registrar deem appropriate. 

The motorist presenting a motor vehicle for an emissions inspection shall pay a fee to the 

inspection facility pursuant to section 7 A of chapter 90. 

The registrar shall establish certification , training and continuing education requirements for 

the safety component of the inspection program. The commissioner shall establish 

certification , training and continuing education requirements for the emissions component of 

the inspection program. Such requirements shall be a precondition to the issuance of a 

license to conduct motor vehicle inspections issued by the registrar. Any person conducting 

an official motor vehicle inspection without having received such license and certification shall 

be subject to the penalties set forth in subsection (f). 

The commissioner shall take steps to ensure that the capability exists in the repair industry to 

repair motor vehicles which fail the emissions component of the inspections required herein. 

Such steps shall include, but not be limited to, training and continuing education for 

emissi_ons repair technicians and the involvement of vocational or technical schools and 

various members and sectors of the automobile and automotive repair industry. The 

commissioner shall establish procedures to register emissions repair technicians and to 

conduct a performance monitoring program of repair technicians, emissions inspection 

facilities and emissions inspectors. Such performance monitoring may include, but not be 

limited to, collection and evaluation of data on repairs. The provision of this paragraph shal l 

not prevent any person not so registered from performing emissions repairs. 

The department and the registry may conduct on-road testing of motor vehicles, including 

trucks and buses, for research, development, inspection or enforcement purposes. On-road 

testing may include identification of motor vehicles which would pass the emissions 

inspection and motor vehicles which would fail the emissions inspection. The on-road testing 

program may include, but shall not be limited to: (i) the use of portable or remote sensing 

equipment to measure pollutants of a moving motor vehicle; (ii) evaluation of the use of such 

equipment, alone or with other analytical information, equipment or techniques, as a 

supplement or alternative to, replacement of or enforcement of the emissions inspection; and 

(iii) the establishment of test centers to research and evaluate the accuracy and effectiveness 

of various emissions testing and enforcement methods. 

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The department and the registry shall create or enter into contracts to create an electronic 

network linking the department, emissions inspection equipment, the registry and any 

contractor to the department. Such electronic network shall facilitate implementation, 

evaluation and enforcement of the emissions inspection and maintenance program by the 

department and the registry. 

The registrar shall establish protocols for communication on the electronic network. At its 

discretion, the registrar may grant emissions inspection equipment, inspection facilities and 

inspectors access to the electronic network. The commissioner and the registrar shall require 

emissions inspection equipment to communicate with the commissioner through the 

electronic network. The registrar, in consultation with the commissioner shall establish 

procedures and requirements for connecting and disconnecting emissions inspection 

equipment and inspection facilities and for granting emissions inspectors access to the 

electronic network. 

The commissioner, in consultation with the registrar, may adopt rules and regulations to 

implement an emissions inspection and maintenance program for diesel-fueled motor 

vehicles. 

The commissioner, in consultation with the registrar, shall promulgate rules and regulations to 

establish a program for the issuance of emissions waiver certificates; provided, however, that 

such rules and regulations shall include eligibility standards and criteria, a procedure whereby 

motorists may petition for emissions waiver certificates and a notification process to inform 

motorists of the emissions waiver certificate program and the emissions waiver certificate 

petition process. Such eligibility standards and criteria shall include, but not be limited to, 

provisions for the issuance of emissions waiver certificates to any owner of a motor vehicle 

who displays satisfactory proof that such motor vehicle has undergone emissions-related 

repairs at a cost that exceeds a maximum cost threshold to be determined by the 

commissioner and the registrar. The commissioner shall report on the emissions waiver 

certificate program to the joint committees on public safety and the house and senate 

committees on ways and means on or before July 1, 1998. 

(d) The commissioner and the registrar shall establish programs for public information and 

consumer protection. The commissioner shall establish procedures and requirements for the 

network contractor to ensure maximum convenience to the motorist. 

Each emissions inspection facility shall distribute information to inform the public about the 

requirements, benefits and other consumer-related matters of the emissions inspection and 

maintenance program and any other information useful to the better understanding and 

facilitation of the emissions inspection to the consumer as directed by the commissioner. 

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Each inspection facility, while performing the emissions inspection, shall be capable of 

providing consumer protection by generating data on warranty-related recalls in a form and 

manner prescribed by the commissioner and any other related information deemed 

necessary by the commissioner. In addition, the commissioner shall establish procedures to 

advise motorists whose vehicles are subject to either a voluntary emissions recall or remedial 

action plan, as defined in and pursuant to section 207 of the federal Clean Air Act, to obtain 

the appropriate repairs. 

(e) The commissioner, in consultation with the registrar, shall develop, establish and 

implement a quality control program to ensure the accuracy and integrity of the emissions 

component of the inspection program. Such quality control program may include, but not be 

limited to, procedures for: (i) calibrating , operating and maintaining emissions inspection 

equipment; (ii) documenting the results from the performance of such calibration, operation 

and maintenance; and (iii) transmitting such documentation to the department. 

The registrar, in consultation with the commissioner, shall develop, establish and implement 

an on-going quality assurance program to discover and prevent fraud , waste and abuse in 

the emissions component of the inspection program. The quality assurance program shall 

include, but not be limited to, overt and covert audits of emissions inspection facilities and 

emissions inspectors, audits of data from emissions inspection facilities , examination of 

emissions inspection equipment, evaluation of quality control records and procedures and 

audits of consumer complaints and responses to such complaints. 

(f) The commissioner and the registrar or their designees shall have the authority to enforce 

any provision of this section and may establish rules and regulations pursuant to such 

authority. Such enforcement authority shall permit officers or agents of the department or the 

registry to enter the premises of any motor vehicle inspection facility or any contractor to 

protect the public health and the environment, implement the quality control and quality 

assurance requirements of this section and for any other reasonable purpose related to 

implementation and enforcement of the motor vehicle inspection and maintenance program 

as determined by the commissioner and the registrar. 

The registrar shall establish rules and regulations prohibiting any person from issuing an 

inspection certificate for a motor vehicle that has not been inspected in accordance with, or is 

not in compliance with, the standards and criteria for motor vehicle inspections as required in 

this section. The registrar also shall establish rules and regulations prohibiting any person 

from failing to issue a certificate for a motor vehicle that has been inspected in accordance 

with, and in compliance with, the standards and criteria for motor vehicle inspections required 

in this section if such motor vehicle meets the applicable standards and criteria. No person 

shall alter, falsify or counterfeit an emissions inspection certificate. 

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The registrar may deny access to the electronic network to any inspection facility or 

emissions inspector that said registrar has reason to believe is not performing inspections in 

compliance with the registry's rules and regulations adopted pursuant to this section or under 

the authority of chapter 90. 

Tampering with any emissions control device or system is hereby prohibited. No person shall 

take any action that has the effect of causing a motor vehicle to no longer comply with federal 

law or with the applicable standards and criteria for the motor vehicle emissions inspection 

and maintenance program or with requirements for motor vehicle registration. Nothing in this 

section shall be construed to prevent the temporary alteration of equipment for motor vehicle 

repair or for the quality assurance program established pursuant to subsection (e). 

The commissioner and the registrar shall have the authority to order any person, inspection 

facility or contractor to stop or abate a violation of any rule or regulation adopted pursuant to 

this section or chapter 90. 

Any person who violates any of the provisions of the second or fourth paragraph of this 

subsection and any person or facility licensed or required to be licensed pursuant to section 

7W of chapter 90 who violates any requirement or regulation adopted pursuant to this section 

or any certificate or order issued thereunder shall: (i) be punished for each violation by a fine 

of not more than $25,000 or by imprisonment for not more than one year, or both such fine 

and imprisonment; or (ii) be subject to a civil penalty of not more than $25,000 for each such 

violation. Each day or part thereof that such violation occurs or continues shall be deemed a 

separate violation. The civil penalty may be assessed in an action brought on behalf of the 

commonwealth in the superior court. The commonwealth also may bring an action for 

injunctive relief in the superior court for any such violation, and the superior court shall have 

jurisdiction to enjoin such violation and to grant such further relief as it may deem 

appropriate. 

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