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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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