Section 10.12.140 Certificates of Compliance and Waivers.


Prior to the adoption of Ord. 03-2002 on 10/01/2002, Section 10.12.140 read as follows.

        A.    For all vehicles, if a part or parts necessary to bring a vehicle into compliance is/are not available by the time the vehicle’ s registration is due, the owner/operator may obtain a signed form to that effect from a manufacturer, dealer, or technician who has verified the nonavailability of the part(s). The owner/operator shall then take such proof to the Division. The Director may issue a temporary waiver, for a period of time and under such conditions as he/she has determined, so that the vehicle may be registered. The owner shall have until the expiration of the time period specified by the Director to complete the necessary repairs or replacement, and submit a certificate of compliance or waiver to the Director to verify that the part(s) have been installed and that the vehicle is in compliance with all provisions of this chapter. The Director is under no obligation to issue these waivers.
    B.A.    Under certain conditions as determined by the Director Division, the Director Division may issue a temporary waiver enabling a vehicle to be registered. The person to whom the temporary waiver is issued shall comply with the conditions of the temporary waiver as agreed upon by a signed affidavit. Failure to comply with the affidavit shall be considered a violation of this chapter Ordinance. The Director Division is under no requirement or obligation to issue these waivers.
    C.B.    Any vehicle that experiences any increase in all emissions levels shall not be eligible for an emissions repair waiver regardless of the amount spent in attempting to repair the vehicle.
    D.C.    Information regarding all performed repairs shall be entered into the appropriate data base of the analyzer prior to the vehicle being retested.
    E.D.    Certificates of waiver shall only be issued by the Division unless the Division determines other acceptable methods of issuing the waivers. A waiver shall only be issued after determining that the vehicle complies with the requirements of this Section for waiver issuance.
    E.    A certificate of waiver shall be issued to a vehicle 1996 or newer and 8500 lbs. GVWR or less only if the following requirements are met:
    1.    The vehicle is not within the time and mileage requirements of the federal emission warranties.
    2.     All air pollution control devices originally installed by the manufacturer are in place and operating properly.
    3.    A waiver has not been issued to the vehicle in the past.
    4.    The malfunction indicator lamp must be functional and must be requested off by the power train control module with the engine running and all system's readiness function tests have completed.
    5.    No power train modifications or engine switching (as defined) have occurred.
    F.    A certificate of waiver shall be issued to a vehicle 1996 or newer and 8501 lbs. GVWR or more only if the following requirements are met:
    1.    The vehicle is not within the time and mileage requirements of the federal emission warranties.
    2.    All air pollution control devices originally installed by the manufacturer are in place and operating properly.
    3.    A waiver has not been issued to the vehicle in the past.
    4.    The malfunction indicator lamp must be functional and must be extinguished when the engine is running.
    5.    No power train modifications or engine switching (as defined) have occurred.
    6.    A minimum of $750.00 has been spent for emissions failure repairs after failing the initial test.
    7.    The emissions readings did not increase upon retesting after repairs have been completed.
    F.G.    Prior to referring the owner to the Division for determining waiver eligibility, the certified emissions tester or certified emission repair technician shall verify that the repair and eligibility requirements of this Section have been met and shall provide the vehicle owner with the required waiver referral form.
    G.H.    No person shall make, issue or knowingly use any imitation or counterfeit of an official certificate of compliance or waiver or any other official program documents.
    1.    No person shall knowingly use stolen or counterfeit certificates.
    H.I.    Certificates of compliance numbers shall be purchased only from the Division.
    I.J.     No refund or credit shall be allowed for unused certificates numbers, except as provided in subsection P of this section Section 10.12.140.
    J.K.    Purchase of certificates of compliance.
    1.    Certificates of compliance numbers shall be purchased in person. Sales shall only be made to a representative of the enhanced basic I/M program station possessing an acceptable form of identification unless an alternative method is developed.
    2.    Certificates of compliance shall be sold at the cost adopted by the Davis County Commission and referenced in Section 10.12.250, in lots to be determined by the Division. The Division may limit the number of certificates purchased to the number that the Division feels can be secured and stored safely.
    3.    Certificates of compliance shall not be sold, loaned, transferred, or given to any other enhanced basic I/M program station, or any unauthorized individual. The enhanced basic I/M program station shall at all times account for all certificates that have been purchased by the station.
    K.L.  Certificates of compliance shall only be issued after being printed by the approved analyzer printer dedicated to the printing of certificates. Completion of certificates by handwritten information or the use of a non-dedicated printer by any person other than the Division or Director is strictly prohibited. The certificates shall be signed only after being printed by the dedicated printer and shall be signed immediately after printing.
    L.M.    Certificates of compliance and waiver shall not be issued until an inspection has been performed as required by this chapter Ordinance.
    M.    All unused certificates of compliance shall be kept in a secure place at all times to prevent loss or theft.
    1.    Certificates of compliance shall be used in sequential order by enhanced basic I/M program stations.
    N.    Certificates of compliance found to be missing, stolen, or unaccounted for, shall be reported to the Division within twenty-four (24) hours and the enhanced basic I/M program station shall cease performing emissions tests until an investigation by the Division has been completed and the Division authorizes the enhanced basic I/M program station to again begin testing.  Reusing certificate numbers is in violation of this Ordinance.
    O.    Enhanced basic I/M program stations shall have certificates of compliance on hand at all times.
    P.    Upon final cancellation, suspension or revocation of the I/M program permit of any enhanced basic I/M program station, the station owner, manager or other responsible person shall immediately surrender all unused certificates of compliance numbers to the Division. The Division shall receipt and refund the fee paid for unused certificates of compliance to the station owner according to the Davis County Auditor’ s procedures. Upon transfer or termination of business ownership, the enhanced basic I/M program station permit and all certificates of compliance shall be immediately forwarded to the Division. Any person acquiring a business that has been permitted as an enhanced basic I/M program station, is prohibited from using any permit or emissions certificates issued to the former business.
    1.    Any analyzer manufacturer or their authorized representative who repossesses or otherwise removes an approved I/M analyzer from an enhanced basic I/M program station shall immediately notify the Division and shall immediately forward any certificates of compliance that may still be in the analyzer to the Division. (Ord. 7-1996 § 1 (part))