§ 177.1. Purpose.

 This chapter implements elements of Part IV of the Vehicle Code, 75 Pa.C.S. § §  4531, 4701, 4702, 4706, 4707 and 4721.

   The provisions of this §  177.1 amended under the Vehicle Code, 75 Pa.C.S. § §  4531, 4701, 4702, 4706, 4707, 4721 and 6103.

 Equipment rules apply to subject vehicles operated on a highway, unless specifically exempted by this chapter.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ASM test—Acceleration Simulation Mode test—A one mode “loaded” mode emission test (ASM 5015), utilizing a dynamometer, which simulates driving a vehicle at a predetermined speed and driving condition.

   Antique motor vehicle—A motor vehicle, which displays a current antique motor vehicle registration plate issued by the Department, and which is consistent with the definition of ‘‘antique motor vehicle’’ as provided in section 102 of the Vehicle Code (relating to definitions).

   Approved exhaust emission analyzer—An instrument, developed for measuring the hydrocarbon, carbon monoxide, carbon dioxide or oxides of nitrogen emissions from the exhaust system of a vehicle, which meets required emission analyzer specifications and program requirements and has been approved by the Department under §  177.406(b) (relating to equipment).

   BAR97—The acronym used for the California Bureau of Automotive Repair’s Exhaust Gas Analyzer system Specifications provided in 1996, for the testing and documentation of technical specifications required for the approval of analyzer and dynamometer use in California for the measurement of hydrocarbon and carbon monoxide emissions. These specifications, including performance criteria, design characteristics, instrument evaluation procedures and documentation, warranty requirements and logistics shall be met or surpassed for an exhaust gas analyzer and dynamometer to be considered equivalent to the BAR97 exhaust gas analyzer system. Copies of the BAR97 specifications may be obtained from the Department of Consumer Affairs, Bureau of Automotive Repair, California Vehicle Inspection Program, 3116 Bradshaw Road, Sacramento, California 95827. A fee for this document may be required.

   BAR80—The acronym used for the California Bureau of Automotive Repair’s Exhaust Gas Analyzer Specifications: 1979 provided in 1980 for the testing and documentation of technical specifications required for the approval of analyzer use in California for the measurement of hydrocarbon and carbon monoxide emissions.

   Bureau—The Bureau of Motor Vehicles of the Department.

   Business day—Each day in which an appointed emission inspection station is open for business, excluding Sundays and selected State holidays determined by the Department.

   CO—carbon monoxide—A colorless, odorless gas formed by incomplete combustion of carbon, including gasoline. It is considered a mobile source pollutant.

   CO₂—carbon dioxide—A colorless, odorless incombustible gas formed during respiration and combustion.

   Certificate of emission inspection—A serially numbered sticker that, when affixed to the windshield of a vehicle, indicates that the vehicle has passed an emission inspection consistent with this chapter. The certificate is also referred to in this chapter as a sticker.

   Certificate of waiver—An official Department document indicating that the requirement of passing emission reinspection has been waived for a vehicle under §  177.291 (relating to certificates of emission inspection).

   Certified emission inspector—A person who holds a valid certification card issued by the Bureau which certifies that the person is qualified and has passed the requirements to perform emission inspections on subject vehicles in an appointed emission inspection station.

   Certified repair technician—A person who has provided proof to the Department of completion of Department or Nationally recognized emission component repair training and has received a valid emissions repair technician certificate issued by the Department.

   Classic motor vehicle—A motor vehicle, but not a reproduction thereof, which displays a current classic motor vehicle registration plate issued by the Department and meets the definition provided in section 102 of the Vehicle Code.

   Collectible motor vehicle—A reconstructed motor vehicle, but not a reproduction thereof, substantially modified from the manufacturer’s original specifications and appearance and maintained in a collectible condition as determined by the Department.

   Commonwealth emission inspection station—An inspection station appointed by the Commonwealth to conduct emission inspections on subject vehicles owned by and engaged exclusively in the performance of the official duties of the Federal government, the Commonwealth or a political subdivision of this Commonwealth.

   Consumer complaint emission inspection procedure—The method provided for consumers who wish to have the results of the emission inspection verified at an inspection facility or lane operated under contract to the Department where the verification is supervised by a Department designated official.

   DTC—Diagnostic Trouble Code—An alphanumeric code which is set in a vehicle’s onboard computer when a monitor detects a condition likely to lead to (or which has already produced) a component or system failure.

   Decentralized inspection—A system for vehicle emission inspection using privately owned and operated, Department-certified facilities to provide for vehicle emission testing or allowing repairs, or both.

   Department—The Department of Transportation of the Commonwealth.

   EPA—The United States Environmental Protection Agency.

   Emission inspection—The testing of the exhaust emissions control systems of a subject vehicle as required by this chapter. The term includes an inspection performed utilizing an I/M emission test, an OBD-I/M check, an evaporative function test, gas cap test, visual inspection or any combination of these tests.

   Emission inspection program—A vehicle emission inspection program as defined by the EPA designed to meet an I/M performance standard.

   Emission inspection report—A document automatically generated by an emission inspection device once the testing cycle is completed.

   Federal standard—A minimum standard of vehicle or vehicle equipment performance issued under the National Highway Traffic Safety Administration Act of 1991 (49 U.S.C.A. § §  30101—30169), the act of July 5, 1994 (Pub. L. No. 103-272) (108 stat. 745), Chapter 323—Consumer Information, known as the Motor Vehicle Information, Standards and Requirements Act (49 U.S.C.A. § §  32301—32309) or the Clean Air Act (42 U.S.C.A. §  7401—7671q).

   Field certified exhaust emission analyzer—An approved exhaust emission analyzer certified by the manufacturer or distributor as being properly calibrated at the emission inspection station according to the manufacturer’s specifications and Department procedures and capable of properly recording, storing and transferring test data.

   Fleet emission inspection station—An inspection station appointed by the Commonwealth to inspect a minimum of 15 subject vehicles, space permitting, leased or owned and registered in the name of the person in whose name the certificate of appointment is issued.

   GVWR—Gross vehicle weight rating—The value specified by the manufacturer on the Federal weight certification label as the loaded weight of a single vehicle.

   Gas cap test—A fuel filler gas cap test, as specified in §  177.204(2)(iii) (relating to basis for failure), that determines whether or not the vehicle’s gas cap is functioning as designed.

   General emission inspection station—An inspection station appointed by the Department to conduct emission inspections on all subject vehicles, including fleet, government and private vehicles.

   HC—Hydrocarbon—An organic compound containing carbon and hydrogen and often occurring in petroleum, natural gas, coal and bitumens.

   I/M—Inspection/Maintenance.

   I/M emission test—The testing of exhaust emissions of a subject vehicle, while the vehicle is running, for CO, HC, NO or other emitted gasses.

   I/M indicator insert (for safety certificate of inspection)—An insert containing an indicator in the background to be affixed to the safety certificates of inspection to indicate a requirement for an emission I/M inspection.

   I/M monthly insert (for a certificate of emission inspection)—An insert to be affixed to the certificate of emission inspection to show the expiration date of the current emission I/M inspection.

   I/M region—The designation and grouping of counties in the Commonwealth certified under §  177.51(d) (relating to program requirements for purposes of administration of emission inspection requirements) under this chapter. Currently, in accordance with §  177.51(d), Chester, Delaware, Bucks, Montgomery and Philadelphia Counties constitute the Philadelphia Region; Allegheny, Beaver, Washington and Westmoreland Counties constitute the Pittsburgh Region. Pending certification in accordance with §  177.51(d), Berks, Dauphin, Cumberland, Lancaster, Lebanon, Lehigh, Northampton and York Counties shall constitute the South Central Region; Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer Counties shall constitute the Northern Region.

   I/M registration indicator—An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.

   Idle test—A vehicle emission inspection test procedure for sampling exhaust emissions which requires maintaining the vehicle’s engine speed in the idle range of rpms. The vehicle engine speed is set with the operational range of rpms as prescribed in 40 CFR Part 51, Subpart S, Appendix B(I) (relating to test procedures), and the exhaust gas emissions are measured within the single idle speed range.

   Implement of husbandry—A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and infrequently operated or moved upon highways.

   Inspection area—The area in which emission inspections shall be conducted.

   Light duty trucks—Trucks weighing less than 9,000 pounds GVWR.

   Light duty vehicles—Passenger cars or multi-purpose vehicles weighing less than 6,000 pounds GVWR.

   Limited fleet inspection periods—Inspection periods in which approved fleet owners/lessors are required to emission inspect their vehicles, as specified in the Application for Fleet Stations form provided by the Department.

   MIL—Malfunction Indicator Light—Dashboard light illuminated when a vehicle’s onboard computer detects conditions likely to result in emissions exceeding standards by 1 1/2 times or greater. The MIL may display ‘‘Check Engine,’’ ‘‘Service Engine Soon,’’ or other similar message, or a symbol or picture representing an automobile engine.

   MY—Model Year—The calendar year so designated by the manufacturer of a vehicle as the model year for a particular vehicle design.

   NMHC—Nonmethane hydrocarbons—A mobile source or exhaust pollutant for which the EPA has set allowable standards.

   NO—Oxides of nitrogen—A mobile source or exhaust pollutant for which the EPA has set allowable standards.

   OBD—Onboard Diagnostics—A system of vehicle component and condition monitors controlled by a central, onboard computer designed and programmed, among other things, to signal the motorist when conditions exist which could lead to (or which has already produced) a component or system failure.

   OBD Data Link Connector (DLC)—The interface which allows connection of the vehicle’s OBD computer to an OBD scanner. Connecting an OBD scanner to the DLC allows I/M inspectors and vehicle repair technicians to read the readiness status of the vehicle’s various onboard monitors and to read any diagnostic trouble codes recorded by the OBD computer.

   OBD-I/M Check—An inspection and evaluation of a vehicle’s emission control systems utilizing the vehicle’s OBD system as provided in §  177.203 (relating to test procedures) and §  177.204.

   On-road testing device—An exhaust gas analyzer capable of measuring vehicle exhaust gas content outside of the emission inspection station environment, while the vehicle is in motion on the road or at a roadside stop.

   PA97—The emission inspection analyzer designed to meet the requirements and specifications for idle testing of this Commonwealth’s emission inspection program as defined in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).

   PA97 with dynamometer—The emission inspection analyzer and dynamometer designed to meet the requirements and specifications for ASM testing of this Commonwealth’s emission inspection program as defined in Appendix A.

   Ppb—Part per billion.

   Ppm—Part per million.

   Qualified Commonwealth employee—An individual, police officer or qualified Department employee, who has completed training in the inspection or weighing of vehicles as required by section 4704, 4981 or 8302 of the Vehicle Code (relating to inspection by police or Commonwealth personnel; weighing and measurement of vehicles; and powers and duties of department).

   Quality assurance officer—A person designated by the Department to investigate, inspect and supervise the operations of emission inspection stations.

   Qualifying repairs—Vehicle repairs necessary to correct the deficiencies which resulted in a vehicle’s failure of the emission inspection test and which count toward the minimum dollar amount required before a waiver may be issued. For those repairs where repair or replacement of emission-related parts requires replacement of other nonemission related equipment constructed as one indivisible unit by the manufacturer, the total replacement costs or repair costs may be counted toward qualifying repairs.

   Rpm—Revolutions per minute.

   Readiness code—A status flag stored by a vehicle’s onboard computer which is different from a DTC in that it does not indicate a vehicle component or system failure, but rather indicates whether or not the component or system in question has been recently checked by the OBD system to determine if it is functioning properly.

   Recognized repair facility—A business engaged in the diagnosis and repair of automotive engines and related systems, and one that has been issued or applied for a State Sales Tax identification number by the Commonwealth or another state jurisdiction.

   Registration recall—A formal action of the Department to withdraw the vehicle registration of a vehicle owner or operator for failure to produce proof of correction or waiver of an on-road emission test failure.

   Residency exemption—A document issued by the Department stating that a residency exemption application has been verified and approved, and that the vehicle listed is exempt from an emission inspection.

   Residency exemption application—An application issued by the Department and used by a Commonwealth vehicle owner residing outside of a designated emission I/M program area to apply for an exemption from emission inspection when the owner has incorrectly received an I/M indicator on the registration card or registration renewal card.

   Scanner or scan tool—A PC-based or handheld device used to interface with a vehicle’s onboard computer through its DLC for the purpose of determining readiness status and reading DTCs.

   Secretary—The Secretary of the Department.

   Special mobile equipment—

     (i)   Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and draglines; and self-propelled cranes and tractors, other than truck tractors.

     (ii)   The term does not include: house trailers; dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached.

   Street rod—A motor vehicle, or a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.

   Subject emission control device—The vehicle emission control devices, including the catalytic convertor, the fuel tank inlet restrictor and the exhaust gas recirculation (EGR) valve which are required to be inspected as part of the emission inspection program.

   Transient test—A vehicle emission inspection test in which the vehicle is tested for exhaust emissions under conditions simulating actual on-road driving conditions. Testing equipment includes a dynamometer that permits simulation of driving and exhaust gas analyzer equipment that analyzes the exhaust gas emissions under various driving conditions.

   Two-speed test—A vehicle emission inspection test in which the exhaust emissions are measured at two ranges of engine revolutions per minute (rpm) as prescribed in 40 CFR Part 51, Subpart S, Appendix B(II) (relating to test procedures two speed idle test).

   Unsafe condition—A defect, malfunction or condition which may expose an emission inspector to harm in the performance of an emission inspection of that vehicle.

   VIID—Vehicle Inspection Information Database—The vehicle database established to collect inspection test data and to provide emission inspection test standards to emission inspection stations for the purpose of conducting the appropriate emission inspection.

   VIN—Vehicle identification number—A combination of numbers or letters, or both, which the manufacturer assigns to a vehicle for identification purposes, or, if no VIN is present on the vehicle, which the Department may assign for identification purposes.

   Vehicle Code—75 Pa.C.S.

   Vehicle equipment standard—A minimum standard for vehicle performance or vehicle equipment performance which meets the needs of vehicle safety, noise control or air quality control, and which is practicable and provides objective criteria.

   Vehicle Inspection Division—The division within the Bureau which administers vehicle equipment and inspection matters.

   Vehicle year—The date of manufacture of a vehicle as specified by the VIN, or, if this number is not available or cannot be interpreted for the year, the annual production period of the vehicle as designated by the manufacturer.

   The provisions of this §  177.3 issued under: the Vehicle Code, 75 Pa.C.S. § §  4531, 4702, 4706, 4707, 4721 and 6103; amended under the Vehicle Code, 75 Pa.C.S. § §  4531, 4701, 4702, 4706, 4707, 4721 and 6103.

   The provisions of this §  177.3 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; amended November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; amended August 31, 1984, effective September 1, 1984, 14 Pa.B. 3171; amended March 4, 1988, effective March 5, 1988, 18 Pa.B. 939; corrected March 25, 1988, effective March 5, 1988, 18 Pa.B. 1370; amended September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235243) to (235249).

   The provisions of this §  177.9 adopted November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; amended March 4, 1988, effective March 5, 1988, 18 Pa.B. 939; reserved September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010. Immediately preceding text appears at serial page (125266).

IMPLEMENTATION OF EMISSION
INSPECTION PROGRAM

§ 177.21. [Reserved].

   The provisions of this §  177.21 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; amended November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; amended September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010; reserved November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235250) and (235251).

 Prior to implementation of the OBD-I/M check and related inspection provisions of this chapter, the Department will provide affected vehicle owners with at least 60 days notice. The notice will be published in the Pennsylvania Bulletin, as provided for in 75 Pa.C.S. §  4706(b.1) (relating to prohibition on expenditures for emission inspection program).

   The provisions of this §  177.22 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; reserved November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; amended September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial page (235251).

 The Department will notify the owner or lessee of a subject vehicle that is required to have an emission inspection.

 A program evaluation of the vehicle inspection and maintenance (I/M) program that meets EPA requirements will be performed with date submitted to EPA on a biennial basis.

   The provisions of this §  177.38 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; amended August 31, 1984, effective September 1, 1984, 14 Pa.B. 3171; amended March 4, 1988, effective March 5, 1988, 18 Pa.B. 939; reserved September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010. Immediately preceding text appears at serial pages (125285) to (125288) and (153617) to (153618).

   Handwritten entry on a computer printout for an emissions inspection was a de minimis infraction and did not warrant the 3 month suspension of the service station because the vehicle in question passed inspection on a corresponding printout. Department of Transportation v. Slipp, 550 A.2d 838 (Pa. Cmwlth. 1988).

   A Department of Transportation regulation requiring service stations to maintain a second copy of each of the emissions test for 2 years was not retroactive to the date of reprimand hearing of a service station owner who kept the results of the tests on a computer disc prior to the effective date of the regulation even though the regulation was in effect at the time of the appeal. Department of Transportation v. Slipp, 550 A.2d 838 (Pa. Cmwlth. 1988).

   Petitioner’s lack of knowledge of State regulations was not a defense to his failure to comply with this section and the assurances from a representative for the company which sold the emissions inspection equipment that petitioner didn’t need an additional certificate were not sufficient to excuse petitioner’s lack of knowledge. Department of Transportation v. Sloane Toyota, Inc., 558 A.2d 585 (Pa. Cmwlth. 1989).

   The provisions of this §  177.49 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; amended November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; amended March 4, 1988, effective March 5, 1988, 18 Pa.B. 939. Immediately preceding text appears at serial page (86059).

I/M PROGRAM

§ 177.51. Program requirements.

 (a)  Network type. Testing shall be performed through a decentralized system of privately owned and operated, Department-certified facilities.

 (b)  Test-and-repair. Emission inspection stations may conduct both testing and repairing of subject vehicles.

 (c)  Inspection. Subject vehicles shall be emission inspected annually in coordination with a safety inspection according to procedures established by the Bureau, subject to paragraphs (1)—(3). A safety inspection certificate for a vehicle subject to an emission inspection may not be affixed to the vehicle until the subject vehicle has passed an emission inspection or received an exemption or a waiver as provided in §  177.281 (relating to issuance of waiver). The term ‘‘safety inspection certificate’’ as used in this subsection does not include temporary inspection approval indicators as defined in §  175.2 (relating to definitions). Safety inspection stations are not required to conduct emission inspections to maintain certification as safety inspection stations.

   (1)  When the Secretary certifies, by publication of a notice in the Pennsylvania Bulletin, that the number of subject pre-MY 1996 vehicles constitutes less than 40% of the total subject vehicles registered in an I/M county or region, subject pre-MY 1996 vehicles in that I/M county or region shall be inspected biennially in coordination with an annual safety inspection, provided that emissions in that I/M county or region are at or below levels which are in compliance with the State Implementation Plan, conformity requirements under the Clean Air Act, and the I/M performance standard.

   (2)  At such time as the Secretary certifies, by publication of a notice in the Pennsylvania Bulletin, that the number of subject pre-MY 1996 vehicles constitutes less than 20% of the total subject vehicles registered in an I/M county or region, pre-MY 1996 vehicles shall no longer be subject to the I/M program, provided that emissions in that I/M county or region are at or below levels which are in compliance with the State Implementation Plan, conformity requirements under the Clean Air Act, and the I/M performance standard.

   (3)  Nothing in this section relieves any vehicle from the requirements for annual safety inspections under Chapter 175 (relating to vehicle equipment and inspection).

 (d)  I/M counties or regions covered. The Department will establish counties or regions within this Commonwealth which are subject to an emission inspection by certification of the Secretary of the need to comply with Federal law and will publish the certification as a notice in the Pennsylvania Bulletin listing the I/M counties or regions.

 (e)  Model year coverage. Subject gasoline-powered motor vehicles with a model year of 1975 and newer with a GVWR of 9,000 pounds or less and registered in an I/M county or region are subject to an emission inspection. Current model year vehicles and vehicles driven less than 5,000 miles per year are exempt from this requirement.

 (f)  Exhaust emission test types. The following types of tests will be administered to the appropriate model years and fuel types, subject to subsection (c)(2):

   (1)  Prior to the date established in accordance with §  177.22 (relating to commencement of inspections), subject vehicles registered in counties in the Philadelphia Region will be required to undergo the following tests:

   (2)  On and after the date established in accordance with §  177.22 subject vehicles MY 1996 and newer registered in counties in the Philadelphia Region will be required to undergo the following tests:

 All subject vehicles MY 1975-1995 registered in counties in the Philadelphia Region shall be tested in accordance with the following table:

   (3)  Prior to the date established in accordance with §  177.22, subject vehicles registered in counties in the Pittsburgh Region will be required to undergo the following tests:

   (4)  On and after the date established in accordance with §  177.22, subject vehicles MY 1996 and newer registered in counties in the Pittsburgh Region will be required to undergo the following tests:

 All subject vehicles MY 1975-1995 registered in counties in the Pittsburgh Region shall be tested in accordance with the following table:

 (5) Following publication of notice of an effective date in the Pennsylvania Bulletin in accordance with §  177.22, subject vehicles registered in the South Central Region will be required to undergo the following:

   (6)  Following publication of notice of an effective date in the Pennsylvania Bulletin in accordance with §  177.22, subject vehicles registered in the Northern Region will be required to undergo the following:

   (7)  One-speed and two-speed idle testing shall be as described in 40 CFR Part 51, Subpart S, Appendix B (I and II) (relating to one and two-speed idle tests), which is adopted by reference.

 (g)  Evaporative system function tests. Evaporative system function tests, including an evaporative system pressure test on 1981 and later model year subject vehicles and an evaporative system purge test on 1981 and later model year subject vehicles shall be administered upon notification by the Department to the emission inspection stations and shall be consistent with § §  177.201—177.204 and Appendix B (relating to general; and Department procedures and specifications).

 (h)  Emission test procedures and standards. Emission test procedures and standards shall be consistent with § §  177.201—177.204.

 (i)  Exhaust emission test equipment. Exhaust emission test equipment requirements shall be consistent with 177.201—177.204.

 (j)  On-road testing. The Department will conduct on road testing of subject vehicles as authorized in section 4704(a)4) of the Vehicle Code (relating to inspection by police or Commonwealth personnel). Drivers of vehicles shall permit the testing of their vehicles by authorized personnel.

 (k)  Recall. The owner of a vehicle for which a voluntary or mandatory manufacturer’s emission-related recall notice was issued 6 months after the commencement of an I/M program in the affected county shall have the necessary repairs completed prior to presenting the vehicle for emission inspection as a prerequisite to begin the emission inspection process.

 (l)  Visual inspection. A visual emission control device inspection shall be administered as specified in §  177.204 (relating to basis for failure) of the vehicle emission control system of 1975 and later model year subject vehicles.

 (m)  Subsequent approval by the EPA of emission test equipment, test procedures or report requirements. If the EPA develops or approves other emission test equipment, test procedures or report requirements, the Department may adopt the subsequently approved equipment, procedures or reports consistent with section 4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).

   The provisions of this §  177.51 adopted September 27, 1997, effective October 1, 1997, 27 Pa.B. 5010; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235256) to (235259).

 The following prerequisites shall be accomplished by the vehicle owner or driver prior to the performance of the emission inspection:

   (1)  The vehicle owner or driver shall present the vehicle registration card to the emission inspection station and pay the required test fee to the inspection station. This fee shall also include one free retest, if the vehicle owner or driver complies with the retest requirements as provided in § §  177.271—177.274 (relating to retest).

   (2)  When the EPA National Recall Database with the necessary recall notice information is available to the Department, the inspection station shall check with the VIID when applicable to determine whether an applicable emission-related manufacturer recall notice was issued for the subject vehicle.

   (3)  When the EPA National Recall Database with the necessary recall notice information is available to the Department, and if a subject vehicle was targeted for a voluntary or mandatory manufacturer’s applicable emission recall notice, the vehicle owner or operator shall present proof of compliance with the recall notice to the emission inspection station before the emission inspection begins.

 The vehicle inspection process shall be as follows:

   (1)  If a subject vehicle passes the emission inspection, the emission inspection station shall provide the vehicle owner or operator with an emission inspection report certifying that the vehicle has passed the emission inspection.

   (2)  If a subject vehicle fails any phase of the emission inspection, the emission inspection station shall provide the vehicle owner or operator with a software generated interpretive diagnostic information form based on the particular portions of the inspection that the vehicle failed.

   (3)  If a subject vehicle fails any phase of the emission inspection, the vehicle owner shall have the vehicle repaired and submit the vehicle for retesting.

   (4)  If the subject vehicle fails the retest, the vehicle owner can apply for a waiver. If the waiver requirements as prescribed in § §  177.281 and 177.282 (relating to issuance of waiver; and annual adjustment of minimum waiver expenditure for emission inspection) are met, a waiver will be issued.

   The provisions of this §  177.61 adopted November 4, 1983, effective November 5, 1983, 13 Pa.B. 3389; reserved September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010. Immediately preceding text appears at serial pages (125305) to (125306) and (182553) to (182554).

   The provisions of this §  177.62 adopted November 4, 1983, effective November 5, 1983, 18 Pa.B. 3389; reserved September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010. Immediately preceding text appears at serial page (182554).

Subchapter B. SUBJECT VEHICLES

Sec.

 (a)  Subject vehicles. Subject vehicles in an I/M county or region include gasoline powered 1975 and newer model year vehicles, excluding the current model year, with a GVWR of 9,000 pounds or less which are:

   (1)  Registered in or required to be registered in a certified I/M county or region.

   (2)  Leased vehicles with registration or titling in the name of someone other than the lessee or user where the motor vehicle is registered or required to be registered in an I/M county or region.

   (3)  Operated on Federal installations located within an I/M county or region, regardless of where the vehicles are registered. This requirement applies to employee-owned or leased vehicles, including vehicles owned, leased or operated by civilian and military personnel on Federal installations, as well as, agency-owned or operated vehicles. Vehicles exempted from this requirement are:

     (i)   Tactical military vehicles.

     (ii)   Visiting agency, employee or military personnel vehicles as long as the visits do not exceed 60 calendar days per calendar year.

   (4)  School buses 9,000 pounds or less GVWR and other buses with a seating capacity of 15 seats or less with a GVWR of 9,000 pounds or less.

 (b)  Other exempted vehicles. Other exempted vehicles include vehicles operated or registered as one of the following:

   (1)  Special mobile equipment.

   (2)  Implements of husbandry.

   (3)  Motor vehicles being towed.

   (4)  Classic, antique or collectible motor vehicles.

   (5)  Motorcycles.

   (6)  Motorized pedalcycles.

   (7)  Street rods.

   (8)  Vehicles repossessed by a financier or collector through the use of miscellaneous motor vehicle business registration plates.

   (9)  Buses with a seating capacity of 16 or more.

   (10)  Motor vehicles being driven, or towed by an official inspection station owner or employee for the purpose of inspection.

   (11)  New vehicles while they are in the process of manufacture, including testing, and not in transit from the manufacturer to a purchaser or dealer.

   (12)  Vehicles driven less than 5,000 miles in the previous 12 months as indicated by the mileage noted on their safety inspection certificate or by the mileage recorded on the vehicle inspection data base and which were owned by one individual for at least 1 year.

   (13)  Current model year vehicles which are subject vehicles never before registered in this Commonwealth or any other jurisdiction and which have less than 5,000 miles on their odometers.

   (14)  Specially constructed vehicles.

 (a)  A used vehicle, after sale or resale, may be driven without a current inspection certificate for 10 days after the date of sale or resale or entry into this Commonwealth, whichever occurs later. The purchaser of the vehicle, unless contracted otherwise, assumes full responsibility for having the vehicle inspected.

 Subject vehicles required to participate in the I/M Program because of vehicle registration change of address shall be phased into the emission inspection program at the time of the expiration of the current certificate of safety inspection when the vehicle is next inspected.

   The provisions of this §  177.106 reserved November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235263) to (235264).

Subchapter C. EMISSION TEST PROCEDURES
AND EMISSION STANDARDS

GENERAL

Sec.

§ 177.201. General requirements.

 I/M emission tests, OBD-I/M checks, evaporative system function tests, gas cap tests and visual inspections shall be subject to the following requirements:

   (1)  Vehicles shall be tested in as-received condition. A vehicle capable of operating on gasoline and other fuel is subject to testing and shall be tested while operating in the gasoline mode.

   (2)  An initial test is the emission test that occurs the first time in a test cycle. The initial test shall be performed without prior repair or adjustment to the subject vehicle at the emission inspection station, except as provided for in the evaporative system integrity test. An emission inspection performed after the initial test in a test cycle shall be considered a retest.

   (3)  An official test, once initiated, shall be performed in its entirety regardless of immediate outcome except in the case of an invalid test condition, unsafe conditions or fast pass/fail algorithms.

   (4)  Tests involving measurements shall be performed with approved equipment that has been calibrated according to the quality control procedures contained in 40 CFR Part 51, Subpart S, Appendix A (relating to calibrations, adjustments and quality control), which is adopted by reference, or as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).

   (5)  Vehicles may not be tested if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition.

   (6)  Alteration of a vehicle’s configuration so that it changes from a certified to a noncertified configuration is prohibited. In the inspection process, vehicles that have been altered from their original certified configuration shall be tested in the same manner as other subject vehicles, in accordance with the following:

     (i)   Vehicles with engines other than the engine originally installed by the manufacturer, or an identical replacement engine shall be subject to the test procedures and standards for the chassis type and model year, including visual equipment inspections for components that are part of the original certified configuration and part of the normal inspection.

     (ii)   Vehicles that have been altered from an engine of one fuel type to another fuel type that is subject to the I/M program, for example, from a diesel engine to a gasoline engine shall be subject to the test procedures and standards for the current fuel type, and to the requirements of subparagraph (i).

     (iii)   Vehicles that are altered to a fuel type for which there is no certified configuration shall be tested according to the most stringent emission standards established for that vehicle type and model year. Emission control device requirements may be waived if the Department determines that the alternatively fueled vehicle configuration would meet the new vehicle standards for that model year without these devices.

   The provisions of this §  177.201 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235265) to (235266).

 (a)  Performance features of emission test equipment. Computerized test systems are required for performing any emission measurement on subject vehicles. The test equipment shall be certified to meet as applicable EPA requirements, including those contained in 40 CFR Part 51, Subpart S, Appendix D (relating to steady-state short test equipment), which is adopted by reference, or the performance standards of California BAR 97 as they apply to the PA97 analyzer and Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements). Newly acquired systems shall be subjected to acceptance test procedures to ensure compliance with program specifications.

   (1)  Emission test equipment shall be capable of testing subject vehicles and shall be updated as needed to accommodate new technology vehicles as well as changes to the program.

   (2)  At a minimum, emission test equipment shall be:

     (i)   Automated to the highest degree commercially available to minimize the potential for intentional fraud or human error, or both.

     (ii)   Secure from tampering or abuse, or both.

     (iii)   Based upon written specifications.

     (iv)   Capable of simultaneously sampling dual exhaust vehicles.

 (b)  Functional characteristics of computerized test systems. The test system is composed of emission measurement devices and other motor vehicle test equipment controlled by a computer.

   (1)  The test system shall automatically:

     (i)   Make pass/fail decisions for all measurements.

     (ii)   Record test data to an electronic medium.

     (iii)   Conduct regular self-testing of recording accuracy.

     (iv)   Perform electrical calibration and system integrity checks before each test, as applicable.

     (v)   Initiate system lockouts for:

       (A)   Tampering with security aspects of the test system.

       (B)   Failing to conduct or pass periodic calibration or leak checks.

       (C)   Failing to conduct or pass the constant volume sampler flow rate check, if applicable.

       (D)   Failing to conduct or pass one or more of the dynamometer checks, including coast-down, roll speed and roll distance, power absorption capability and inertia weight selection checks, if applicable.

       (E)   Failing to conduct or pass the pressure monitoring device check, if applicable.

       (F)   Failing to conduct or pass the purge flow metering system check, if applicable.

       (G)   Failing to have installed in the test analyzer a full data recording medium or one that passes a cyclical redundancy check.

   (2)  Test systems shall include a real time data link to the Department computer or other computers as specified by the Department.

   (3)  The test system shall insure accurate data collection by limiting, cross-checking or confirming manual data entry.

 (c)  Test equipment for acceleration simulation mode (ASM) emission testing. Test equipment for ASM emission testing shall be as specified in Appendix A and quality control regulations of this chapter.

 (d)  One-speed idle test equipment. One speed idle test equipment requirements for model years 1975—1980 shall be as specified in 40 CFR Part 51, Subpart S, Appendix (D)(I) which is adopted by reference.

 (e)  Two-speed idle test equipment. Two-speed idle test equipment for model years 1981 and newer shall be as specified in 40 CFR Part 51, Subpart S, Appendix D which is adopted by reference or Appendix A, as applicable.

   The provisions of this §  177.202 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235266) to (235268).

 (a)  Performance features of OBD-I/M check equipment. The design and operation of any scanner or scan tool used in the performance of an OBD-I/M check shall meet all Federal requirements (contained in 40 CFR 85.2207-2231) and recommended Society of Automotive Engineers (SAE) practices (J1962, J1978 and J1979) for OBD system inspections.

   (1)  The equipment shall be automated and require no inspector intervention to collect and record OBD data retrieved by means of the diagnostic link.

   (2)  The equipment shall automatically retrieve an RPM signal, OBD readiness monitors, failure codes, MIL status, powertrain identification, powertrain control module identification and OBD vehicle identification number (where available) through a standard interface with the vehicle DLC.

 (b)  The equipment shall function in accordance with the specifications issued by the Department. Copies of the specifications are available from the Department.

   The provisions of this §  177.202a adopted November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706.

 The design and operation of equipment used in the performance of the gas cap test and visual inspection shall meet the specifications issued by the Department. Copies of the specifications are available from the Department.

   The provisions of this §  177.202b adopted November 21, 2003, effictive November 22, 2003, 33 Pa.B. 5706.

 (a)  I/M emission test procedures.

   (1)  Idle testing. Idle tests of all model year subject vehicles shall be performed in accordance with the procedures in 40 CFR Part 51, Subpart S, Appendix B(I) and (II) (relating to test procedures-idle tests) which is adopted by reference, and Appendix A (relating to simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements). The following steps shall be taken when testing subject vehicles:

     (i)   Emission test data shall be entered into the analyzer by a certified emission inspection inspector using the bar coded vehicle registration card or the alpha-numeric keyboard in the sequence specified.

     (ii)   Idle tests shall be either one-speed or two speed as specified in §  177.51(f) (relating to program requirements).

   (2)  ASM test. The ASM test of 1981 and newer model year subject vehicles shall be performed in accordance with the ASM test procedure and specifications and quality assurance requirements contained in Appendix A. The ASM test procedure, including algorithms and other procedural details, shall be approved by the EPA prior to use in the I/M program of the Commonwealth. Special test algorithms and pass/fail algorithms may be employed to reduce test time when the test outcome is predictable with near certainty, if approved by the EPA.

   (3)  Evaporative system function tests. Evaporative system functions tests, including an evaporative system pressure test and an evaporative system purge test on 1981 and newer model year subject vehicles, shall be administered on subject vehicles registered in Bucks, Chester, Delaware, Montgomery and Philadelphia counties upon notification to the Department of EPA approved procedures and will be conducted based on the procedures approved by the Department.

 (b)  OBD-I/M check.

   (1)  Readiness requirement for a valid OBD-I/M check. An initial scan of the OBD system should determine the status of all readiness codes.

     (i)   A status indication of ‘‘not ready,’’ ‘‘not supported’’ or similar message for one or more of the continuous monitors (that is, misfire, fuel trim or comprehensive components), may be disregarded for readiness determination purposes only and the OBD-I/M check can proceed.

     (ii)   For model year 1996—2000 vehicles, a status indication of ‘‘not ready,’’ ‘‘not supported’’ or similar message for two or fewer other readiness codes may be disregarded for readiness determination purposes only and the OBD-I/M check can proceed.

     (iii)   For model year 2001 and newer vehicles, a status indication of ‘‘not ready’’ or ‘‘not supported’’ for no more than one other readiness code may be disregarded for readiness determination purposes only and the OBD-I/M check can proceed.

     (iv)   The readiness requirement may also be waived or otherwise accommodated for specific makes, models, and model years of vehicles with known readiness design problems, in accordance with applicable technical service bulletins or EPA guidance, or both. The Bureau will advise all participating stations by station bulletin whether the readiness requirements can be waived or otherwise accommodated for specific makes, models and model years of vehicles.

   (2)  Performing the OBD-I/M check. Following a determination of readiness, the seven step procedure delineated below shall be used when performing an OBD-I/M check:

     (i)   Initiate the official test by scanning or manually inputting the required vehicle and owner information.

     (ii)   Visually examine the vehicle instrument panel to determine if the MIL illuminates briefly when the ignition key is turned to the ‘‘key on, engine off’’ (KOEO) position. A brief period of illumination of the MIL at start-up is normal and helps confirm the MIL bulb is in proper operating condition. This portion of the test procedure is also known as the ‘‘bulb check.’’ Enter the results of the bulb check for downloading into the VIID.

     (iii)   Locate the vehicle’s data link connector (DLC) and plug the scan tool into the connector. While it is recommended that this step be performed with the ignition in the ‘‘off’’ position, this step can also be performed with the vehicle running.

     (iv)   Start the vehicle’s engine so that the vehicle is in the ‘‘key on, engine running’’ (KOER) condition. The MIL may illuminate and then extinguish during this phase. Continued illumination of the MIL (MIL commanded on) while the engine is running is cause for failure of the OBD-I/M check under §  177.204(2) (relating to basis for failure).

     (v)   With the scan tool in the ‘‘generic OBD’’ mode, follow the scan tool manufacturer’s instructions to determine vehicle readiness status, MIL status (whether commanded on or off), and diagnostic trouble codes (DTCs) for those vehicles with the MIL commanded on.

     (vi)   The results of the OBD-I/M check will be transferred automatically to the VIID.

     (vii)   Without clearing DTCs or readiness codes, turn off the vehicle ignition and then disconnect the scan tool. Procedure for clearing codes as necessary is included in §  177.271 (relating to procedure).

 (c)  Gas cap test procedures. The gas cap test will be conducted using test equipment approved by the Department, in accordance with the manufacturer’s instructions.

 (d)  Visual inspection procedures.

   (1)  A visual inspection of the vehicle emission control system shall look for the presence of the following emission control devices:

     (i)   Catalytic converter.

     (ii)   Exhaust gas recirculation (EGR) valve.

     (iii)   Positive crankcase ventilation (PCV) valve.

     (iv)   Fuel inlet restrictor.

     (v)   Air pump.

     (vi)   Evaporative control system components.

   (2)  Visual inspections shall be performed through direct observation or through indirect observation, using a mirror or other visual aid.

   (3)  Inspections shall include a determination as to whether each subject device is present and appears to be properly connected and to be the correct type for the certified configuration.

 (e)  Subsequent test procedures approved by the EPA. If the EPA develops or approves other test procedures, including test procedures prescribed in this section, the Department may adopt these subsequently approved test procedures consistent with section 4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).

   The provisions of this §  177.203 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235268) to (235269).

 The basis for failure of the tests and procedures under this chapter shall be as follows:

   (1)  I/M emission test. A vehicle fails the I/M emission test if emissions exceed the following standards:

     (i)   Idle test standards.

       (A)   Passenger cars and trucks less than 6,000 pounds GVWR.

       (B)   Trucks 6,000 pounds through 9,000 pounds GVWR.

       (C)   Maximum exhaust dilution shall be measured as at least 6% CO plus CO₂ on vehicles subject to a steady-state test as described in 40 CFR Part 51, Subpart S, Appendix B (relating to test procedures), which is adopted by reference.

     (ii)   ASM test emission standards. Model years 1981 and newer vehicles required to receive an ASM emission inspection shall be subject to standards specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).

   (2)  OBD-I/M check.

     (i)   Unless otherwise noted, a vehicle fails the OBD-I/M check for any of the following:

       (A)   The MIL does not illuminate at all when the ignition key is turned to the KOEO position.

       (B)   The DLC is missing, has been tampered with, is otherwise inoperable or is inaccessible.

       (C)   The vehicle displays more than the requisite number of readiness codes as ‘‘not ready,’’ ‘‘not supported’’ or similar message under §  177.203(b)(1)(i)—(iii) (relating to test procedures), and there is no justification under §  177.203(b)(1)(iv) for disregard of the readiness requirement.

       (D)   The MIL illuminates continuously or flashes while the engine is running, even if no DTCs are present. If this condition is present, the vehicle shall fail under this paragraph, not subparagraph (ii), even if the MIL did not illuminate in the KOEO position.

       (E)   Any DTCs are present and the MIL status, as indicated by the scan tool, is commanded on, regardless of whether or not the MIL is actually illuminated.

     (ii)   During the first test cycle of emission inspection utilizing the OBD-I/M check in an I/M county or region, the inability to locate or access a vehicle’s DLC shall not be a basis for failure, provided that the MIL illuminates when the ignition key is in the KOEO position and does not illuminate continuously or flash while the engine is running.

   (3)  Evaporative emission system function test (gas cap test) standards. A vehicle shall fail the gas cap test if at any time during the gas cap test the pressure drops from the starting pressure by more than 6 inches of water, causing the test to be terminated. If the pressure does not drop more than 6 inches during the test, the vehicle shall pass the gas cap test.

   (4)  Visual inspection of vehicle emission control system. A vehicle shall fail the visual inspection if applicable required emission control equipment specified in §  177.203(d) is not present, is not properly connected or is not the correct type for the certified configuration.

   (5)  Subsequent test procedures and bases for failure approved by the EPA. If the EPA develops or approves other test procedures and bases for failure of test procedures, including the test procedures prescribed in this section, the Department may adopt these subsequently approved test procedures and bases for failure consistent with section 4706(e) of the Vehicle Code (relating to prohibition on expenditures for emission inspection program).

   The provisions of this §  177.204 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235270) to (235272).

§ 177.206. [Reserved].

RECALL PROVISIONS

§ 177.231. Requirements regarding manufacturer recall notices.

 When the EPA vehicle emission related database is available to the Department, owners or lessees of vehicles for which voluntary or mandatory manufacturer emission-related recall notices have been issued shall have the necessary repairs completed prior to submitting the vehicle for emission testing and shall present proof of compliance with the recall notice at the time of emission inspection. This is required to complete the emission inspection process.

 Owners or lessees of subject vehicles for which the vehicle manufacturer has issued a recall notice more than 3 months prior to the beginning of the emission inspection period shall show proof of compliance with the recall notice prior to commencement of the emission inspection.

 Failure to comply with this section and § §  177.231 and 177.232 (relating to requirements regarding manufacturer recall notices; and compliance with recall notices) shall be considered grounds to refuse to initiate an emission inspection.

EMISSION INSPECTION TEST REPORT

§ 177.251. Record of test results.

 (a)  The emission inspection report shall be as shown on the sample emission inspection report form contained in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements) and shall include:

   (1)  A vehicle description, including license plate number, VIN, vehicle make, model, odometer reading, GVWR and estimated test weight, engine size, and inspection type.

   (2)  The date and time of the test.

   (3)  The name, identification number and signature of the individuals performing the tests and the name, address and station number of the test station.

   (4)  The type of tests performed.

   (5)  The applicable test standards.

   (6)  The I/M emission test results, if applicable, including exhaust concentrations, pass/fail results for each mode measured and the results of visual inspection.

   (7)  The OBD-I/M check results, if applicable, including the status of the MIL illumination command, the alphanumeric DTC(s) as specified per SAE J2012 and J1930, unset readiness codes if the number of unset readiness codes exceeds the limit for which an exemption is allowed, that is, if the outcome of the test is unacceptable for testing based upon the presence of too many unset readiness codes. If, during the initial emission inspection cycle in an I/M county or region, a vehicle subject to the OBD-I/M check with a DLC which cannot be accessed nevertheless satisfies the MIL elements of the OBD-I/M check, that result shall be specifically noted in the report.

   (8)  The results of the gas cap test.

   (9)  The results of the visual inspection, if applicable.

   (10)  A statement indicating the availability of warranty coverage as required in section 207 of the Clean Air Act (42 U.S.C.A. §  7525).

   (11)  The results of the recall provisions check, if applicable, including the recall campaign number and date the recall repairs were completed.

   (12)  A certification that tests were performed in accordance with this chapter and EPA regulations.

   The provisions of this §  177.252 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235273) to (235274).

 (a)  Owners or operators of vehicles that fail the emission inspection shall be provided with an emission inspection report as described in §  177.252 (relating to emission inspection report) as well as the consumer complaint procedure, including the telephone number of the quality assurance officer or the Vehicle Inspection Division.

 (b)  Owners or operators of vehicles that fail the emission inspection may challenge the results.

   (1)  A challenge regarding the performance or results of the test shall be made within 10 days of the failure of the emission inspection.

   (2)  A quality assurance officer or Department representative will function as a referee and will arrange to meet with the owner or operator of a vehicle that fails if requested.

   (3)  The referee will first determine whether test equipment functioned properly. If the test equipment is functioning correctly, the referee will determine whether proper test procedures were followed. If the equipment and procedures were correct and the vehicle still fails the inspection, the vehicle shall be brought into compliance prior to a retest. If the vehicle passes, a certificate of inspection will be affixed to the vehicle.

   (4)  If the referee determines that the test equipment malfunctioned, the equipment shall be brought into compliance prior to a referee test. If the equipment cannot be brought into compliance at this meeting, the owner or operator of the vehicle may request that the referee test be conducted at an alternate test location.

   The provisions of this §  177.253 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial page (235274).

RETEST

§ 177.271. Procedure.

 (a)  I/M emission test. Vehicles that fail the initial I/M emission test or a retest shall be retested after repair.

 (b)  OBD-I/M check. Vehicles that fail the OBD-I/M check shall be retested after repair and clearing of the DTCs appearing in the initial check and compliance of the vehicle with the readiness requirements of §  177.203(b)(1) (relating to test procedures).

 (c)  Gas cap test and visual inspection. Vehicles that fail the gas cap test or visual inspection shall be retested after repair.

   The provisions of this §  177.271 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial page (235275).

 For a retest, the vehicle owner or driver shall present to the inspection station the emission inspection report and the diagnostic information repair data form as described in §  177.273 (relating to content of repair data form).

   The provisions of this §  177.272 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial page (235275).

   This section cited in 67 Pa. Code §  177.52 (relating to emission inspection prerequisites); and 67 Pa. Code §  177.408 (relating t