N.J. Admin. Code § 13:20-43.17

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:20-43.17 - Emission inspector training and licensing; training administration; testing; application process; license fee; renewal of license; refresher training and testing; conflicts of interest

(a) No person shall perform an emission or OBD inspection required by this subchapter, unless licensed by the Motor Vehicle Commission to perform such inspection. In order to obtain licensure as a motor vehicle emission inspector, an applicant shall complete a training program that shall consist of acquiring an understanding of:

1. The air pollution problem, its causes and effects;

2. The purpose, function, and goal of the enhanced motor vehicle inspection and maintenance program;

3. Emission and OBD inspection regulations and procedures;

4. Technical details of emission test and OBD inspection procedures and the rationale for their design;

5. Emission control device function, configuration, and inspection;

6. Emission test and OBD inspection equipment operation, calibration, and maintenance.

7. Quality control procedures and their purpose;

8. Public relations;

9. Personal safety and health issues related to the inspection process; and

10. An overview of the New Jersey inspection program, including OBD, diesel safety inspections, and emission repairs.

(b) The Motor Vehicle Commission shall either administer the training program or approve, monitor and evaluate the training programs administered by third parties as set forth in 13:20-43.21.

(c) An applicant for licensure as a motor vehicle emission inspector shall submit to the Motor Vehicle Commission a license fee of $ 50.00 and a certificate confirming that the applicant has successfully completed training and testing at a Motor Vehicle Commission-approved emission inspector training program. The applicant shall have attained a score of at least 80 percent of correct responses on a written examination covering all aspects of the training. In addition, a hands-on test shall have been administered in which the applicant demonstrated, without assistance, the ability to conduct a proper inspection, to properly utilize equipment, and to follow other procedures adopted by the Motor Vehicle Commission. Inability to properly conduct any emission test or OBD inspection procedure shall constitute failure of the test.

(d) A motor vehicle emission inspector license shall be valid for two years. Refresher training and testing shall be required prior to renewal of the license, and each application for license renewal shall be accompanied by the applicable fee specified in (c) above. For purposes of this subsection, "refresher training and testing" shall mean either a training program as set forth in (a) above or an on-the-job evaluation of the licensee's inspection performance and knowledge of current inspection requirements by the Chief Administrator or his or her designee.

(e) No person licensed as an emission inspector shall, while in the employment of an official inspection facility, own, operate, or be employed by any motor vehicle repair or service facility, motor vehicle parts sales business, or any motor vehicle sales or leasing business. An emission inspector, other than an emission inspector employed at an official inspection facility, may be employed by a private inspection facility which is licensed by the Motor Vehicle Commission in accordance with Chapter 8 of Title 39 of the Revised Statutes and N.J.A.C. 13:20-44.

(f) No person licensed as an emission inspector, while in the employment of an official inspection facility, shall refer motor vehicle owners, lessees, or operators to particular providers of motor vehicle repair service except as may be permitted by Federal law.

(g) The Chief Administrator, upon presentation of a statement stating that the original emission inspector license has been destroyed, lost, or stolen, may, if he or she is satisfied that the facts as set forth in the statement are substantially true, issue a duplicate emission inspector license to the original holder thereof, upon payment of a fee of $ 5.00 for each duplicate emission inspector license so issued.

(h) A person shall not be licensed as a motor vehicle emission inspector, nor perform the duties of a motor vehicle emission inspector, unless such person possesses a valid driver license.

(i) The emission inspector license shall be in the possession of the licensee at all times when he or she is performing the duties of a motor vehicle emission inspector.

(j) An applicant who fails the written and/or hands-on inspector license test shall not be retested until a period of two calendar weeks have elapsed from the date of the applicant's last test.

N.J. Admin. Code § 13:20-43.17

Amended by R.1999 d.422, effective 12/6/1999.
See: 31 N.J.R. 2466(a), 31 N.J.R. 4078(a).
Deleted a former (g).
Amended by R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(b).
Rewrote (b); in (e) and (f), inserted "emission" preceding "inspector"; added (g) and (h).
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
Rewrote (a); in (c), inserted "or OBD inspection" following "emission test".
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Chief Administrator" for "Director" throughout; and in (e), substituted "Chapter" for "chapter".
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
Added (i).

Amended by 53 N.J.R. 2056(a), effective 12/6/2021