Wisconsin Administrative Code › Department of Transportation › Chapter Trans 131 - Motor Vehicle Inspection And Maintenance Program (MVIP) › Section Trans 131.02 - Definitions

Current through June 24, 2024
Words and phrases defined in s.
				110.20, Stats., have the same
				meaning in this chapter unless a different definition is specified. In this
				chapter:
(1) "Air pollution control
			 equipment" or "emission equipment" means any equipment or feature which
			 constitutes an operational element, device or mechanism which is part of the
			 air pollution control system on a motor vehicle.
(1m) "Authorized inspection facility" means a
			 self-service inspection facility, or a private inspection facility, or an
			 inspection station or facility operated by the department, or by a contractor
			 or subcontractor authorized by the department to perform emission
			 inspections.
(2) "CO" means carbon
			 monoxide.
(3m) "Collector vehicle"
			 means a nonexempt vehicle with a collector special interest vehicle
			 registration under s.
			 341.266, Stats.
(6) "Contractor" means a person with whom the
			 department has a contract that provides for the operation of one or more
			 inspection stations or for the performance of emission inspection at an
			 authorized inspection facility other than an inspection station or for the
			 performance of a service related to the Wisconsin vehicle emission inspection
			 program.
(6m) "DLC" means data link
			 connector on a vehicle equipped with an OBD II system.
(6r) "DTC" means diagnostic trouble code
			 stored by a vehicle's OBD II system.
(7) "Department" means the Wisconsin
			 department of transportation.
(8)
			 "Electronic reporting," "electronically reported" or "reported electronically"
			 means reported directly to the department or its contractor electronically in a
			 format specified by the department.
(9) "Emission limitations" means the maximum
			 vehicle emission concentrations in s. NR 485.04.
Note:
Chapter NR 485 may be obtained from the
				Wisconsin Department of Natural Resources, Bureau of Air Management, P.O. Box
				7921, Madison, WI 53707.
(10) "Emission inspection" means the OBD II
			 inspection.
(12) "Exempt vehicles"
			 means all vehicles other than nonexempt vehicles which are identified in s.
			 285.30(5),
			 Stats., and s. NR 485.04 (10).
(13)
			 "Exhaust emission" or "exhaust gas" means the combination of substances emitted
			 into the atmosphere from the tailpipe or tailpipes of a motor
			 vehicle.
(15) "Federal rule" means
			 40 CFR part 51 , subpart S, inspection/maintenance program requirements; final
			 rule.
Note:
All references made to the Federal Rule in
				this document are to 40 CFR Part 51 , Subpart S Inspection/Maintenance Program
				Requirements; Final Rule dated November 5, 1992, as amended through January 1,
				2001.
(17) "GPM" means grams
			 per mile.
(18) "GVWR" means gross
			 vehicle weight rating and has the same meaning as provided in s.
			 340.01(19r),
			 Stats.
(19) "Government vehicle"
			 means a motor vehicle both owned by this state or by any county, municipality,
			 or federally-recognized American Indian tribe or band and registered under s.
			 341.26(2m),
			 Stats., or a vehicle owned or leased by the United States.
(20) "HC" means hydrocarbon.
(20m) "Hobbyist vehicle" means a nonexempt
			 vehicle with a hobbyist registration under s.
			 341.268, Stats.
(21) "Homemade vehicle" has the same meaning
			 as provided in s. 341.268, Stats.
(22) "Inspection" means the mandatory vehicle
			 emission inspection required by s.
			 110.20, Stats., consisting of an
			 OBD II inspection.
(23) "Inspection
			 report" has the same meaning as provided in sub. (54).
(24) "Inspection station" means an inspection
			 facility operated by a party under contract with the department for the purpose
			 of conducting vehicle emission inspections required by s.
			 110.20, Stats.
(25) "Inspector" means the individual who
			 performs the vehicle emission inspection for the contractor or
			 subcontractor.
(26) "MIL" means
			 malfunction indicator lamp.
(28)
			 "Master automotive technician" means a person possessing the highest level of
			 any nationally recognized certification organization for automotive
			 emission-related diagnosis and repair.
(29) "Model year" means the date of
			 manufacture of the original vehicle within the annual production period of the
			 vehicle as designated by the manufacturer, or if a reconstructed or homemade
			 vehicle, the first year of titling. If the manufacturer does not designate a
			 production period, the term "model year" means the calendar year of
			 manufacture. Determination of model year shall be as indicated in the VIN or on
			 the vehicle's registration documents.
(31) "New vehicle" means a motor vehicle to
			 which the legal title has never been transferred to an ultimate retail
			 purchaser as defined in s. Trans 139.02.
(34) "OBD II" means the on-board diagnostic
			 system installed on 1996 and newer vehicles by the manufacturer that meets the
			 regulations promulgated by the USEPA under
			 42 USC
			 7401-7671q.
(34m) "OBD inspection" or "OBD II inspection"
			 means an emissions related inspection in which the vehicle's on-board computer
			 is accessed to evaluate the status of the vehicle's emission control
			 system.
(35) "Performance
			 monitoring" means the system of evaluating automotive repair facilities'
			 performance by collecting and reporting the repair data as recorded on the
			 vehicle inspection report or as reported electronically, upon performance of
			 the repair.
(36) "Person" means an
			 individual, corporation, association, firm, partnership, joint stock company,
			 public or municipal corporation, political subdivision, the state or any agency
			 thereof, and the federal government.
(37) "Proper" or "properly" means meeting
			 original manufacturer's equipment standards or the equivalent.
(37m) "Readiness monitors" means the tests
			 performed internally by a vehicle's OBD II system that determine if an emission
			 component is ready to be checked by the on-board vehicle computer.
(38) "Recognized automotive emission repair
			 technician" means a person who has received and has proof of formal training in
			 both diagnosis and repair of automotive engines and related systems.
(39) "Recognized repair facility" means a
			 franchised new car dealer or other business with a Wisconsin sales tax number
			 that performs emission repairs as a regular part of its business activities and
			 employs at least one recognized automotive emission repair
			 technician.
(40) "Reconstructed
			 vehicle" has the same meaning as provided in s.
			 341.268(1) (d),
			 Stats.
(41) "Registration" has the
			 same meaning as provided in s.
			 344.01(2) (e),
			 Stats.
(42) "Remote sensing test"
			 means the test conducted under s. Trans 131.14.
(44) "Tamper" or "tampering" has the same
			 meaning as in s. 285.30(6) (a)
			 3, Stats.
(45) "Technical assistance center" means
			 either a separate contractor facility or a portion of an inspection station
			 which, under the direction of a master automotive technician, is equipped to
			 perform both emission inspections and complete diagnostic evaluations of
			 nonexempt vehicles.
(48) "Truck"
			 has the same meaning as "motor truck" as provided in s.
			 340.01(34),
			 Stats.
(50) "USEPA" means the
			 United States Environmental Protection Agency.
(50m) "USEPA technical guidance" means the
			 USEPA publication "Performing Onboard Diagnostic System Checks as Part of a
			 Vehicle Inspection and Maintenance Program," dated June, 2001, which is
			 incorporated herein by reference. Any alternative inspection procedures or
			 changes in procedural details shall be approved by the USEPA administrator
			 prior to use.
Note:
Copies are on file with the Legislative
				Reference Bureau and the Attorney General's office. These procedures are
				available in published form from the Wisconsin Department of Transportation,
				Bureau of Field Services, P. O. Box 7909, Room 253, Madison, WI 53707-7909 and
				can be accessed on the internet at
http://www.epa.gov/otaq/regs/im/obd/r01015.pdf
.
(51) "Van" means a motor vehicle constructed
			 on a truck chassis, or indicated as a truck on the manufacturer's statement of
			 origin, with a completely enclosed driver and cargo compartment useable as a
			 cargo carrying vehicle or as a passenger vehicle depending upon
			 equipment.
(52) "Vehicle" or "motor
			 vehicle" has the same meaning as provided in s.
			 340.01(35),
			 Stats.
(53) "Vehicle inspection
			 notice" means a document mailed to vehicle owners as a result of failing a
			 remote sensing test indicating that the nonexempt vehicle has been inspected in
			 accordance with the provisions of s. Trans 131.14 and, if necessary, shall be
			 presented at an inspection station or other authorized inspection facility for
			 inspection under s. 110.20(6) (a)
			 4, Stats.
(54) "Vehicle inspection report" means a
			 serially numbered document issued at an inspection station or authorized
			 inspection facility or technical assistance center or by an inspector
			 designated by the department to perform the functions of a technical assistance
			 center at the time of vehicle inspection, indicating that the vehicle has been
			 inspected in accordance with the provisions of this chapter, and may include
			 data reported electronically.
(55)
			 "VIN" means a unique vehicle identification number as defined in s.
			 340.01(23r),
			 Stats.
(56) "Voluntary inspection"
			 means the voluntary presentation of a nonexempt vehicle for an emission
			 inspection.
(56m) "Waiver" means a
			 conditional one-cycle exemption from emission inspection that may be granted to
			 a vehicle owner or lessee.
(57)
			 "Waiver emission equipment inspection" means a visual inspection conducted to
			 determine the presence and proper connection of selected emission equipment on
			 vehicles presented for waiver determination under s. Trans 131.04.
(58) "Waiver investigator" means the
			 department employee or designated contractor representative who approves or
			 disapproves applications for waivers.