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§47-856.1.
§47-856.1.
A. 1. Any person who owns and drives a vehicle as that term is defined
by the Oklahoma Vehicle License and Registration Act, Section 1101 et
seq. of this title, and resides within a county with a population of
five hundred thousand (500,000) or more according to the 1980 Federal
Decennial Census where there exists a U.S. Environmental Protection
Agency designated air quality nonattainment area for auto-related
pollutants, or resides within a twenty-five (25) mile radius of the
centroid of the area of such a county, shall have said vehicle
inspected within that area and shall maintain on the vehicle in good
working order the federally required emission control equipment
required by the Commissioner of Public Safety pursuant to
recommendations of the Department of Environmental Quality. When any
portion of a municipality is included within said twenty-five (25)
mile radius, the entire municipality shall be subject to the
provisions of this chapter.
2. Any person who owns and drives a vehicle, as that term is defined
by the Oklahoma Vehicle License and Registration Act, Section 1101 et
seq. of this title, and resides within a county with a population of
less than five hundred thousand (500,000) according to the 1980
Federal Decennial Census where there exists a U.S. Environmental
Protection Agency designated air quality nonattainment area for
auto-related pollutants, or resides within a metropolitan
transportation study area as that term is defined by the Department of
Transportation and approved by the United States Department of
Transportation which includes said county, shall have said vehicle
inspected within that area and shall maintain on the vehicle in good
working order the federally required emission control equipment
required by the Commissioner of Public Safety pursuant to
recommendations of the Department of Environmental Quality. When any
portion of a municipality is included within said metropolitan
transportation study area, the entire municipality shall be subject to
the provisions of this chapter.
B. The Commissioner of Public Safety shall require a visual inspection
of the federally required emission control equipment required on
vehicles by the provisions of subsection A of this section in counties
where there exists a U.S. Environmental Protection Agency designated
air quality nonattainment area for auto-related pollutants.
C. In addition to the vehicle mechanical equipment required to be
inspected pursuant to the provisions of Section 856 of this title,
each person operating an official inspection station shall visually
inspect the original manufacturer's automotive emission control
equipment or proper replacements for said equipment installed on
vehicles when required by the Commissioner of Public Safety pursuant
to the provisions of subsection B of this section.
D. It is the intent of the Legislature that local governmental
entities implement federal mandates in a manner that:
1. Is the least disruptive for local businesses; and
2. Permits local governmental entities to have control in lieu of
federal intervention.
When there is a violation, as that term is defined by the United
States Environmental Protection Agency, of the National Ambient Air
Quality Standard for ozone in a metropolitan transportation study area
described in subsection A of this section, the Oklahoma Department of
Environmental Quality shall notify the Department of Public Safety and
the Metropolitan Planning Organization (MPO), otherwise known as the
Local Councils of Government (COG). The MPO shall notify all local
governments in the metropolitan study area in which the violation has
occurred. Municipal and county governments in such a metropolitan
transportation study area may by ordinance or resolution include the
gas cap integrity test in the annual vehicle inspection. For the
purposes of including a gas cap integrity test in the annual vehicle
inspection, resolutions by counties shall have the same force and
effect as ordinances by municipalities. The municipalities or counties
shall contract with the MPO to provide all equipment and training
required for gas cap integrity testing for the entire area described
in subsection A of this section in which a violation of the National
Ambient Air Quality Standard for ozone has occurred. The gas cap
integrity testing shall begin no later than January 1 of the second
year following the violation of air quality standards.
When all the municipal and county governments in the transportation
study area in which the violation has occurred adopt ordinances or
resolutions including the gas cap integrity test in the annual vehicle
inspection, the Commissioner of Public Safety by rule shall require
that gas cap integrity testing be performed by official inspection
stations designated by the Department of Public Safety and that the
testing be performed at the same time as the annual vehicle emissions
inspection required under subsections A, B and C of this section.
Certificates of inspection and approval, as required by subsection D
of Section 854 of this title for emissions inspections, shall also be
used to indicate compliance with gas cap integrity testing.
E. No official inspection station shall be required to purchase
equipment to implement provisions of this section. An official
inspection station may retain, as determined by the MPO, a reasonable
portion of any monies collected as compensation for providing the gas
cap integrity tests. The remainder of any monies collected for
providing the gas cap integrity test shall be remitted to the MPO for
the area in violation and shall be used for expenses related to the
provision of the gas cap integrity testing, including purchasing and
maintaining test equipment, providing training to inspection
officials, performing program audits and improving air quality in the
area of violation. The Department of Public Safety shall not be
responsible for collecting any monies for the gas cap integrity test.
This section shall not modify the amount of monies required to be
remitted to the Commissioner of Public Safety by official inspection
stations pursuant to Section 858 of this title.
F. The provisions of subsection D of this section shall not apply to
vehicles which were manufactured prior to 1979 or to motor vehicles
manufactured in the current model year that meet all Environmental
Protection Agency standards. Active duty military personnel
permanently assigned to a duty station outside of the State of
Oklahoma, but still claiming Oklahoma residency, may register their
vehicles in Oklahoma without a vehicle inspection if the state they
reside in does not require a vehicle inspection.
G. The Metropolitan Planning Organization shall take steps to ensure
that the price of gas caps remains stable. This could include, but is
not limited to, publishing the price of gas caps for selected car
models before and after the initiation of any testing or the signing
of voluntary agreements with parts retailers.
H. Any inspection of automotive emission control equipment required
pursuant to the provisions of this section shall apply to emission
control equipment installed on vehicles of a model year required by
the Commissioner of Public Safety pursuant to recommendations of the
Department of Environmental Quality as is necessary to accommodate the
resolution of the defined air pollution problem of the specific
nonattainment area.
I. The provisions of this section shall not be construed to apply to:
1. Trucks or truck-tractors owned and operated by one or more farmers
and used primarily for farm use, and not for commercial or industrial
purposes, or trucks or truck-tractors used primarily for the
transportation of logs, ties, stave bolts, and posts direct from the
forest to mill, first market, or railroad shipping points, which are
licensed pursuant to law; or
2. Motor vehicles or motor vehicle engines for which liquefied
petroleum gas is used as a fuel.
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