Ariz. Admin. Code § 18-2-1003

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-2-1003 - Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection Program

A. The following vehicles shall be inspected according to this Article:

1. A vehicle to be registered within Area A or Area B. For the purposes of this Article, registration within Area A or Area B shall be determined by the vehicle owner's permanent and actual residence. The permanent address in the MVD database shall be presumed to be the owner's permanent and actual residence. A post office box address listed on a title or registration document under A.R.S. § 28-2051(C) is not evidence of the owner's permanent and actual residence;

2. Each vehicle delivered to a retail purchaser by a dealer licensed to sell used motor vehicles under A.R.S. Title 28 and whose place of business is located in Area A or Area B;

3. Each vehicle registered outside Area A and Area B but used to commute to the driver's principal place of employment located within Area A or Area B;

4. Each vehicle owned by a person who is subject to A.R.S. §§ 15-1444(C) or 15-1627(G); and

5. An Area A or Area B vehicle owned or operated by the United States, this state, or a political subdivision of this state without regard to whether those vehicles are required to be registered in this state.

B. The following vehicles are exempt from the inspection requirements of this Article:

1. A vehicle manufactured in or before the 1966 model year;

2. A vehicle leased to a person residing outside Area A and Area B by a leasing company whose place of business is in Area A or Area B, except as provided in subsection (A)(3);

3. A vehicle sold between motor vehicle dealers;

4. A zero-emissions vehicle;

5. An apportioned vehicle;

6. A golf cart;

7. A vehicle with an engine displacement of less than 90 cubic centimeters;

8. A vehicle registered at the time of change of name of ownership if an emissions test is current and valid, except when

the change results from the sale by a dealership whose place of business is located in Area A or Area B;

9. A vehicle for which a current certificate of exemption or Director's certificate is issued;

10. A new vehicle before the sixth registration year after initial purchase or lease; except that:

a. A reconstructed vehicle or specially constructed vehicle is not exempt.

b. A vehicle converted to operate on an alternative fuel, as defined in A.R.S. § 1-215, is not exempt.

c. A vehicle failing an emissions inspection the owner chooses to have under A.R.S. § 49-543 is not exempt for the current registration year.

11. A vehicle designed to operate exclusively on hydrogen, as defined in A.R.S. § 1-215;

12. A collectible vehicle;

13. A motorcycle;

14. An all-terrain vehicle (ATV);

15. These exemptions apply after the Administrator approves this subsection, (B)(15), into the applicable implementation plan:

a. Cranes and oversized vehicles that require permits pursuant to A.R.S. §§ 28-1100, 28-1103, and 28-1144;

b. A vehicle not in use and owned by a resident of this state while on active military duty outside of this state.

C. Government vehicles operated in Area A or Area B and not exempted by this Article shall be emissions inspected according to R18-2-1017.

Ariz. Admin. Code § R18-2-1003

Former Section R9-3-1003 repealed, new Section R9-3-1003 adopted effective January 13, 1976; Amended as an emergency effective January 19, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1003 as amended effective January 3, 1979 and amended as an emergency effective January 2, 1981 now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1003 renumbered as Section R18-2-1003 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 2722, effective June 28, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.