Subchapter A. GENERAL PROVISIONS

§ 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).