Missouri Revised Statutes
Chapter 643
Air Conservation
←643.312
Section 643.315.1
643.320→
August 28, 2015
Motor vehicles subject to program, when, evidence of inspection and approval--exceptions--reciprocity with other states--dealer inspection, return of motor vehicle for failing inspection, options, violation.
643.315. 1. Except as provided in sections 643.300 to 643.355, all
motor vehicles which are domiciled, registered or primarily operated in an
area for which the commission has established a motor vehicle emissions
inspection program pursuant to sections 643.300 to 643.355 shall be
inspected and approved prior to sale or transfer; provided that, if such
vehicle is inspected and approved prior to sale or transfer, such vehicle
shall not be subject to another emissions inspection for ninety days after
the date of sale or transfer of such vehicle. In addition, any such
vehicle manufactured as an even-numbered model year vehicle shall be
inspected and approved under the emissions inspection program established
pursuant to sections 643.300 to 643.355 in each even-numbered calendar year
and any such vehicle manufactured as an odd-numbered model year vehicle
shall be inspected and approved under the emissions inspection program
established pursuant to sections 643.300 to 643.355 in each odd-numbered
calendar year. All motor vehicles subject to the inspection requirements
of sections 643.300 to 643.355 shall display a valid emissions inspection
sticker, and when applicable, a valid emissions inspection certificate
shall be presented at the time of registration or registration renewal of
such motor vehicle. The department of revenue shall require evidence of
the safety and emission inspection and approval required by this section in
issuing the motor vehicle annual registration in conformity with the
procedure required by sections 307.350 to 307.390 and sections 643.300 to
643.355. The director of revenue may verify that a successful safety and
emissions inspection was completed via electronic means.
2. The inspection requirement of subsection 1 of this section shall
apply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight rating
in excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted from
the motor vehicle emissions inspection under federal regulation and
approved by the commission by rule;
(3) Model year vehicles manufactured prior to 1996;
(4) Vehicles which are powered exclusively by electric or hydrogen
power or by fuels other than gasoline which are exempted from the motor
vehicle emissions inspection under federal regulation and approved by the
commission by rule;
(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355, but only if the owner of such
vehicle presents to the department an affidavit that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next twenty-four
months, and the owner applies for and receives a waiver which shall be
presented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the current
calendar year and of any calendar year within two years of such calendar
year, which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user;
(7) Historic motor vehicles registered pursuant to section 301.131;
(8) School buses;
(9) Heavy-duty diesel-powered vehicles with a gross vehicle weight
rating in excess of eight thousand five hundred pounds;
(10) New motor vehicles that have not been previously titled and
registered, for the four-year period following their model year of
manufacture, provided the odometer reading for such motor vehicles are
under forty thousand miles at their first required biennial safety
inspection conducted under sections 307.350 to 307.390; otherwise such
motor vehicles shall be subject to the emissions inspection requirements of
subsection 1 of this section during the same period that the biennial
safety inspection is conducted;
(11) Motor vehicles that are driven fewer than twelve thousand miles
between biennial safety inspections; and
(12) Qualified plug-in electric drive vehicles. For the purposes of
this section, "qualified plug-in electric drive vehicle" shall mean a
plug-in electric drive vehicle that is made by a manufacturer, has not been
modified from original manufacturer specifications, and can operate solely
on electric power and is capable of recharging its battery from an on-board
generation source and an off-board electricity source.
3. The commission may, by rule, allow inspection reciprocity with
other states having equivalent or more stringent testing and waiver
requirements than those established pursuant to sections 643.300 to
643.355.
4. (1) At the time of sale, a licensed motor vehicle dealer, as
defined in section 301.550, may choose to sell a motor vehicle subject to
the inspection requirements of sections 643.300 to 643.355 either:
(a) With prior inspection and approval as provided in subdivision (2)
of this subsection; or
(b) Without prior inspection and approval as provided in subdivision
(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspection
and approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to sections 643.300 to 643.355 or by obtaining a
waiver pursuant to section 643.335. A vehicle sold pursuant to this
subdivision by a licensed motor vehicle dealer shall be inspected and
approved within the one hundred twenty days immediately preceding the date
of sale, and, for the purpose of registration of such vehicle, such
inspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without prior
inspection and approval, the purchaser may return the vehicle within ten
days of the date of purchase, provided that the vehicle has no more than
one thousand additional miles since the time of sale, if the vehicle fails,
upon inspection, to meet the emissions standards specified by the
commission and the dealer shall have the vehicle inspected and approved
without the option for a waiver of the emissions standard and return the
vehicle to the purchaser with a valid emissions certificate and sticker
within five working days or the purchaser and dealer may enter into any
other mutually acceptable agreement. If the dealer chooses to sell the
vehicle without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser has
the option to return the vehicle within ten days, provided that the vehicle
has no more than one thousand additional miles since the time of sale, to
have the dealer repair the vehicle and provide an emissions certificate and
sticker within five working days if the vehicle fails, upon inspection, to
meet the emissions standards established by the commission, or enter into
any mutually acceptable agreement with the dealer. A violation of this
subdivision shall be an unlawful practice as defined in section 407.020.
No emissions inspection shall be required pursuant to sections 643.300 to
643.360* for the sale of any motor vehicle which may be sold without a
certificate of inspection and approval, as provided pursuant to subsection
2 of section 307.380.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19,
A.L. 2001 S.B. 435, A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and
H.B. 1142 and H.B. 1201 and H.B. 1489, A.L. 2006 S.B. 583, A.L.
2011 H.B. 354)
*Section 643.360 was repealed by S.B. 613 Revision, 2007.
2007
2004
2003
2001
2000
2007
643.315. 1. Except as provided in sections 643.300 to 643.355, all motor
vehicles which are domiciled, registered or primarily operated in an area for
which the commission has established a motor vehicle emissions inspection
program pursuant to sections 643.300 to 643.355 shall be inspected and
approved prior to sale or transfer; provided that, if such vehicle is
inspected and approved prior to sale or transfer, such vehicle shall not be
subject to another emissions inspection for ninety days after the date of
sale or transfer of such vehicle. In addition, any such vehicle manufactured
as an even-numbered model year vehicle shall be inspected and approved under
the emissions inspection program established pursuant to sections 643.300 to
643.355 in each even-numbered calendar year and any such vehicle manufactured
as an odd-numbered model year vehicle shall be inspected and approved under
the emissions inspection program established pursuant to sections 643.300 to
643.355 in each odd-numbered calendar year. All motor vehicles subject to
the inspection requirements of sections 643.300 to 643.355 shall display a
valid emissions inspection sticker, and when applicable, a valid emissions
inspection certificate shall be presented at the time of registration or
registration renewal of such motor vehicle. The department of revenue shall
require evidence of the safety and emission inspection and approval required
by this section in issuing the motor vehicle annual registration in conformity
with the procedure required by sections 307.350 to 307.390 and sections
643.300 to 643.355. The director of revenue may verify that a successful
safety and emissions inspection was completed via electronic means.
2. The inspection requirement of subsection 1 of this section shall apply
to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight rating in
excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted from
the motor vehicle emissions inspection under federal regulation and approved
by the commission by rule;
(3) Model year vehicles manufactured prior to 1996;
(4) Vehicles which are powered exclusively by electric or hydrogen power
or by fuels other than gasoline which are exempted from the motor vehicle
emissions inspection under federal regulation and approved by the commission
by rule;
(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and operated
exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355, but only if the owner of such
vehicle presents to the department an affidavit that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next twenty-four months,
and the owner applies for and receives a waiver which shall be presented at
the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the current
calendar year and of any calendar year within two years of such calendar
year, which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user;
(7) Historic motor vehicles registered pursuant to section 301.131;
(8) School buses;
(9) Heavy-duty diesel-powered vehicles with a gross vehicle weight
rating in excess of eight thousand five hundred pounds;
(10) New motor vehicles that have not been previously titled and
registered, for the four-year period following their model year of
manufacture, provided the odometer reading for such motor vehicles are under
forty thousand miles at their first required biennial safety inspection
conducted under sections 307.350 to 307.390; otherwise such motor vehicles
shall be subject to the emissions inspection requirements of subsection 1 of
this section during the same period that the biennial safety inspection is
conducted; and
(11) Motor vehicles that are driven fewer than twelve thousand miles
between biennial safety inspections.
3. The commission may, by rule, allow inspection reciprocity with other
states having equivalent or more stringent testing and waiver requirements
than those established pursuant to sections 643.300 to 643.355.
4. (1) At the time of sale, a licensed motor vehicle dealer, as defined
in section 301.550, may choose to sell a motor vehicle subject to the
inspection requirements of sections 643.300 to 643.355 either:
(a) With prior inspection and approval as provided in subdivision (2) of
this subsection; or
(b) Without prior inspection and approval as provided in subdivision (3)
of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspection and
approval, the dealer shall disclose, in writing, prior to sale, whether the
vehicle obtained approval by meeting the emissions standards established
pursuant to sections 643.300 to 643.355 or by obtaining a waiver pursuant to
section 643.335. A vehicle sold pursuant to this subdivision by a licensed
motor vehicle dealer shall be inspected and approved within the one hundred
twenty days immediately preceding the date of sale, and, for the purpose of
registration of such vehicle, such inspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without prior inspection
and approval, the purchaser may return the vehicle within ten days of the
date of purchase, provided that the vehicle has no more than one thousand
additional miles since the time of sale, if the vehicle fails, upon
inspection, to meet the emissions standards specified by the commission and
the dealer shall have the vehicle inspected and approved without the option
for a waiver of the emissions standard and return the vehicle to the
purchaser with a valid emissions certificate and sticker within five working
days or the purchaser and dealer may enter into any other mutually acceptable
agreement. If the dealer chooses to sell the vehicle without prior
inspection and approval, the dealer shall disclose conspicuously on the sales
contract and bill of sale that the purchaser has the option to return the
vehicle within ten days, provided that the vehicle has no more than one
thousand additional miles since the time of sale, to have the dealer repair
the vehicle and provide an emissions certificate and sticker within five
working days if the vehicle fails, upon inspection, to meet the emissions
standards established by the commission, or enter into any mutually
acceptable agreement with the dealer. A violation of this subdivision shall
be an unlawful practice as defined in section 407.020. No emissions
inspection shall be required pursuant to sections 643.300 to 643.360 for the
sale of any motor vehicle which may be sold without a certificate of
inspection and approval, as provided pursuant to subsection 2 of section
307.380.
2004
643.315. 1. Except as provided in sections 643.300 to
643.355, all motor vehicles which are domiciled, registered or
primarily operated in an area for which the commission has
established a motor vehicle emissions inspection program under
sections 643.300 to 643.355 shall be inspected and approved prior
to sale or transfer. In addition, any such vehicle manufactured
as an even-numbered model year vehicle shall be inspected and
approved under the emissions inspection program established under
sections 643.300 to 643.355 in each even-numbered calendar year
and any such vehicle manufactured as an odd-numbered model year
vehicle shall be inspected and approved under the emissions
inspection program established under sections 643.300 to 643.355
in each odd-numbered calendar year. All motor vehicles subject
to the inspection requirements of sections 643.300 to 643.355
shall display a valid emissions inspection sticker, and when
applicable, a valid emissions inspection certificate shall be
presented at the time of registration or registration renewal of
such motor vehicle.
2. No emission standard established by the commission for a
given make and model year shall exceed the lesser of the
following:
(1) The emission standard for that vehicle model year as
established by the United States Environmental Protection Agency;
or
(2) The emission standard for that vehicle make and model
year as established by the vehicle manufacturer.
3. The inspection requirement of subsection 1 of this
section shall apply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle
weight rating in excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are
exempted from the motor vehicle emissions inspection under
federal regulation and approved by the commission by rule;
(3) Model year vehicles prior to 1971;
(4) Vehicles which are powered exclusively by electric or
hydrogen power or by fuels other than gasoline which are exempted
from the motor vehicle emissions inspection under federal
regulation and approved by the commission by rule;
(5) Motor vehicles registered in an area subject to the
inspection requirements of sections 643.300 to 643.355 which are
domiciled and operated exclusively in an area of the state not
subject to the inspection requirements of sections 643.300 to
643.355, but only if the owner of such vehicle presents to the
department an affidavit that the vehicle will be operated
exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next
twenty-four months, and the owner applies for and receives a
waiver which shall be presented at the time of registration or
registration renewal; and
(6) New and unused motor vehicles, of model years of the
current calendar year and of any calendar year within two years
of such calendar year, which have an odometer reading of less
than six thousand miles at the time of original sale by a motor
vehicle manufacturer or licensed motor vehicle dealer to the
first user.
4. The commission may, by rule, allow inspection
reciprocity with other states having equivalent or more stringent
testing and waiver requirements than those established under
sections 643.300 to 643.355.
5. (1) At the time of sale, a licensed motor vehicle
dealer, as defined in section 301.250, RSMo, may choose to sell a
motor vehicle subject to the inspection requirements of sections
643.300 to 643.355 either:
(a) With prior inspection and approval as provided in
subdivision (2) of this subsection; or
(b) Without prior inspection and approval as provided in
subdivision (3) of this subsection;
(2) If the dealer chooses to sell the vehicle with prior
inspection and approval, the dealer shall disclose, in writing,
prior to sale, whether the vehicle obtained approval by meeting
the emissions standards established under sections 643.300 to
643.355 or by obtaining a waiver under section 643.335;
(3) If the dealer chooses to sell the vehicle without prior
inspection and approval, the purchaser may return the vehicle
within fourteen days of the date of purchase, provided that the
vehicle has no more than one thousand additional miles since the
time of sale, if the vehicle fails, upon inspection, to meet the
emissions standards specified by the commission and the dealer
shall have the vehicle inspected and approved without the option
for a waiver of the emissions standard and return the vehicle to
the purchaser with a valid emissions certificate and sticker
within five working days, or the dealer shall either provide a
full refund of the vehicle purchase price or provide a comparable
vehicle until the original vehicle is returned to the purchaser
with a valid emissions certificate and sticker. If the dealer
cannot return the vehicle with a valid emissions certificate and
sticker within fifteen additional working days, then, at the
purchaser's option, the purchaser may return the vehicle to the
dealer for a full refund of the vehicle purchase price, which may
include a vehicle taken on trade or the amount allowed for a
vehicle taken on trade or the purchaser and dealer may enter into
any other mutually acceptable agreement. If the dealer chooses
to sell the vehicle without prior inspection and approval, the
dealer shall disclose conspicuously on the sales contract and
bill of sale that the purchaser has the option to return the
vehicle within fourteen days, provided that the vehicle has no
more than one thousand additional miles since the time of sale,
to have the dealer repair the vehicle and provide an emissions
certificate and sticker within five working days if the vehicle
fails, upon inspection, to meet the emissions standards
established by the commission, or the dealer shall either provide
a full refund of the vehicle purchase price or provide a
comparable vehicle until the original vehicle is returned to the
purchaser with a valid emissions certificate and sticker or, if
the vehicle cannot be inspected and approved within fifteen
additional working days, then the purchaser may choose to return
the vehicle for a full refund, which may include a vehicle taken
on trade or the amount allowed for a vehicle taken on trade, or
enter into any mutually acceptable agreement with the dealer. A
violation of this subdivision shall be an unlawful practice as
defined in section 407.020, RSMo. No emissions inspection shall
be required under sections 643.300 to 643.360 for the sale of any
motor vehicle which may be sold without a certificate of
inspection and approval, as provided under subsection 2 of
section 307.380.
2003
643.315. 1. Except as provided in sections 643.300 to 643.355, all
motor vehicles which are domiciled, registered or primarily operated in an
area for which the commission has established a motor vehicle emissions
inspection program pursuant to sections 643.300 to 643.355, which may
include all motor vehicles owned by residents of a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census who have chosen to participate in such a program in lieu
of the provisions of section 307.366, RSMo, shall be inspected and approved
prior to sale or transfer. In addition, any such vehicle manufactured as
an even-numbered model year vehicle shall be inspected and approved under
the emissions inspection program established pursuant to sections 643.300
to 643.355 in each even-numbered calendar year and any such vehicle
manufactured as an odd-numbered model year vehicle shall be inspected and
approved under the emissions inspection program established pursuant to
sections 643.300 to 643.355 in each odd-numbered calendar year. All motor
vehicles subject to the inspection requirements of sections 643.300 to
643.355 shall display a valid emissions inspection sticker, and when
applicable, a valid emissions inspection certificate shall be presented at
the time of registration or registration renewal of such motor vehicle.
2. No emission standard established by the commission for a given
make and model year shall exceed the lesser of the following:
(1) The emission standard for that vehicle model year as established
by the United States Environmental Protection Agency; or
(2) The emission standard for that vehicle make and model year as
established by the vehicle manufacturer.
3. The inspection requirement of subsection 1 of this section shall
apply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight rating
in excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted from
the motor vehicle emissions inspection under federal regulation and
approved by the commission by rule;
(3) Model year vehicles prior to 1971;
(4) Vehicles which are powered exclusively by electric or hydrogen
power or by fuels other than gasoline which are exempted from the motor
vehicle emissions inspection under federal regulation and approved by the
commission by rule;
(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355, but only if the owner of such
vehicle presents to the department an affidavit that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next twenty-four
months, and the owner applies for and receives a waiver which shall be
presented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the current
calendar year and of any calendar year within two years of such calendar
year, which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user; and
(7) Historic motor vehicles registered pursuant to section 301.131,
RSMo.
4. The commission may, by rule, allow inspection reciprocity with
other states having equivalent or more stringent testing and waiver
requirements than those established pursuant to sections 643.300 to
643.355.
5. (1) At the time of sale, a licensed motor vehicle dealer, as
defined in section 301.550, RSMo, may choose to sell a motor vehicle
subject to the inspection requirements of sections 643.300 to 643.355
either:
(a) With prior inspection and approval as provided in subdivision (2)
of this subsection; or
(b) Without prior inspection and approval as provided in subdivision
(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspection
and approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to sections 643.300 to 643.355 or by obtaining a
waiver pursuant to section 643.335. A vehicle sold pursuant to this
subdivision by a licensed motor vehicle dealer shall be inspected and
approved within the one hundred twenty days immediately preceding the date
of sale, and, for the purpose of registration of such vehicle, such
inspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without prior
inspection and approval, the purchaser may return the vehicle within ten
days of the date of purchase, provided that the vehicle has no more than
one thousand additional miles since the time of sale, if the vehicle fails,
upon inspection, to meet the emissions standards specified by the
commission and the dealer shall have the vehicle inspected and approved
without the option for a waiver of the emissions standard and return the
vehicle to the purchaser with a valid emissions certificate and sticker
within five working days or the purchaser and dealer may enter into any
other mutually acceptable agreement. If the dealer chooses to sell the
vehicle without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser has
the option to return the vehicle within ten days, provided that the vehicle
has no more than one thousand additional miles since the time of sale, to
have the dealer repair the vehicle and provide an emissions certificate and
sticker within five working days if the vehicle fails, upon inspection, to
meet the emissions standards established by the commission, or enter into
any mutually acceptable agreement with the dealer. A violation of this
subdivision shall be an unlawful practice as defined in section 407.020,
RSMo. No emissions inspection shall be required pursuant to sections
643.300 to 643.360 for the sale of any motor vehicle which may be sold
without a certificate of inspection and approval, as provided pursuant to
subsection 2 of section 307.380, RSMo.
2001
643.315. 1. Except as provided in sections 643.300 to 643.355, all
motor vehicles which are domiciled, registered or primarily operated in an
area for which the commission has established a motor vehicle emissions
inspection program pursuant to sections 643.300 to 643.355, which may
include all motor vehicles owned by residents of a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census who have chosen to have a biennial motor vehicle
registration pursuant to section 301.147, RSMo, shall be inspected and
approved prior to sale or transfer. In addition, any such vehicle
manufactured as an even-numbered model year vehicle shall be inspected and
approved under the emissions inspection program established pursuant to
sections 643.300 to 643.355 in each even-numbered calendar year and any
such vehicle manufactured as an odd-numbered model year vehicle shall be
inspected and approved under the emissions inspection program established
pursuant to sections 643.300 to 643.355 in each odd-numbered calendar year.
All motor vehicles subject to the inspection requirements of sections
643.300 to 643.355 shall display a valid emissions inspection sticker, and
when applicable, a valid emissions inspection certificate shall be
presented at the time of registration or registration renewal of such motor
vehicle.
2. No emission standard established by the commission for a given
make and model year shall exceed the lesser of the following:
(1) The emission standard for that vehicle model year as established
by the United States Environmental Protection Agency; or
(2) The emission standard for that vehicle make and model year as
established by the vehicle manufacturer.
3. The inspection requirement of subsection 1 of this section shall
apply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight rating
in excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted from
the motor vehicle emissions inspection under federal regulation and
approved by the commission by rule;
(3) Model year vehicles prior to 1971;
(4) Vehicles which are powered exclusively by electric or hydrogen
power or by fuels other than gasoline which are exempted from the motor
vehicle emissions inspection under federal regulation and approved by the
commission by rule;
(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355, but only if the owner of such
vehicle presents to the department an affidavit that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next twenty-four
months, and the owner applies for and receives a waiver which shall be
presented at the time of registration or registration renewal;
(6) New and unused motor vehicles, of model years of the current
calendar year and of any calendar year within two years of such calendar
year, which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user; and
(7) Historic motor vehicles registered pursuant to section 301.131,
RSMo.
4. The commission may, by rule, allow inspection reciprocity with
other states having equivalent or more stringent testing and waiver
requirements than those established pursuant to sections 643.300 to
643.355.
5. (1) At the time of sale, a licensed motor vehicle dealer, as
defined in section 301.550, RSMo, may choose to sell a motor vehicle
subject to the inspection requirements of sections 643.300 to 643.355
either:
(a) With prior inspection and approval as provided in subdivision (2)
of this subsection; or
(b) Without prior inspection and approval as provided in subdivision
(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspection
and approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to sections 643.300 to 643.355 or by obtaining a
waiver pursuant to section 643.335. A vehicle sold pursuant to this
subdivision by a licensed motor vehicle dealer shall be inspected and
approved within the one hundred twenty days immediately preceding the date
of sale, and, for the purpose of registration of such vehicle, such
inspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without prior
inspection and approval, the purchaser may return the vehicle within ten
days of the date of purchase, provided that the vehicle has no more than
one thousand additional miles since the time of sale, if the vehicle fails,
upon inspection, to meet the emissions standards specified by the
commission and the dealer shall have the vehicle inspected and approved
without the option for a waiver of the emissions standard and return the
vehicle to the purchaser with a valid emissions certificate and sticker
within five working days or the purchaser and dealer may enter into any
other mutually acceptable agreement. If the dealer chooses to sell the
vehicle without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser has
the option to return the vehicle within ten days, provided that the vehicle
has no more than one thousand additional miles since the time of sale, to
have the dealer repair the vehicle and provide an emissions certificate and
sticker within five working days if the vehicle fails, upon inspection, to
meet the emissions standards established by the commission, or enter into
any mutually acceptable agreement with the dealer. A violation of this
subdivision shall be an unlawful practice as defined in section 407.020,
RSMo. No emissions inspection shall be required pursuant to sections
643.300 to 643.360 for the sale of any motor vehicle which may be sold
without a certificate of inspection and approval, as provided pursuant to
subsection 2 of section 307.380, RSMo.
2000
643.315. 1. Except as provided in sections 643.300 to 643.355, all
motor vehicles which are domiciled, registered or primarily operated in an
area for which the commission has established a motor vehicle emissions
inspection program pursuant to sections 643.300 to 643.355, which may
include all motor vehicles owned by residents of a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census who have chosen to have a biennial motor vehicle
registration pursuant to section 301.147, RSMo, shall be inspected and
approved prior to sale or transfer. In addition, any such vehicle
manufactured as an even-numbered model year vehicle shall be inspected and
approved under the emissions inspection program established pursuant to
sections 643.300 to 643.355 in each even-numbered calendar year and any
such vehicle manufactured as an odd-numbered model year vehicle shall be
inspected and approved under the emissions inspection program established
pursuant to sections 643.300 to 643.355 in each odd-numbered calendar year.
All motor vehicles subject to the inspection requirements of sections
643.300 to 643.355 shall display a valid emissions inspection sticker, and
when applicable, a valid emissions inspection certificate shall be
presented at the time of registration or registration renewal of such motor
vehicle.
2. No emission standard established by the commission for a given
make and model year shall exceed the lesser of the following:
(1) The emission standard for that vehicle model year as established
by the United States Environmental Protection Agency; or
(2) The emission standard for that vehicle make and model year as
established by the vehicle manufacturer.
3. The inspection requirement of subsection 1 of this section shall
apply to all motor vehicles except:
(1) Motor vehicles with a manufacturer's gross vehicle weight rating
in excess of eight thousand five hundred pounds;
(2) Motorcycles and motortricycles if such vehicles are exempted from
the motor vehicle emissions inspection under federal regulation and
approved by the commission by rule;
(3) Model year vehicles prior to 1971;
(4) Vehicles which are powered exclusively by electric or hydrogen
power or by fuels other than gasoline which are exempted from the motor
vehicle emissions inspection under federal regulation and approved by the
commission by rule;
(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355, but only if the owner of such
vehicle presents to the department an affidavit that the vehicle will be
operated exclusively in an area of the state not subject to the inspection
requirements of sections 643.300 to 643.355 for the next twenty-four
months, and the owner applies for and receives a waiver which shall be
presented at the time of registration or registration renewal; and
(6) New and unused motor vehicles, of model years of the current
calendar year and of any calendar year within two years of such calendar
year, which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user.
4. The commission may, by rule, allow inspection reciprocity with
other states having equivalent or more stringent testing and waiver
requirements than those established pursuant to sections 643.300 to
643.355.
5. (1) At the time of sale, a licensed motor vehicle dealer, as
defined in section 301.550, RSMo, may choose to sell a motor vehicle
subject to the inspection requirements of sections 643.300 to 643.355
either:
(a) With prior inspection and approval as provided in subdivision (2)
of this subsection; or
(b) Without prior inspection and approval as provided in subdivision
(3) of this subsection.
(2) If the dealer chooses to sell the vehicle with prior inspection
and approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to sections 643.300 to 643.355 or by obtaining a
waiver pursuant to section 643.335. A vehicle sold pursuant to this
subdivision by a licensed motor vehicle dealer shall be inspected and
approved within the one hundred twenty days immediately preceding the date
of sale, and, for the purpose of registration of such vehicle, such
inspection shall be considered timely.
(3) If the dealer chooses to sell the vehicle without prior
inspection and approval, the purchaser may return the vehicle within ten
days of the date of purchase, provided that the vehicle has no more than
one thousand additional miles since the time of sale, if the vehicle fails,
upon inspection, to meet the emissions standards specified by the
commission and the dealer shall have the vehicle inspected and approved
without the option for a waiver of the emissions standard and return the
vehicle to the purchaser with a valid emissions certificate and sticker
within five working days or the purchaser and dealer may enter into any
other mutually acceptable agreement. If the dealer chooses to sell the
vehicle without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser has
the option to return the vehicle within ten days, provided that the vehicle
has no more than one thousand additional miles since the time of sale, to
have the dealer repair the vehicle and provide an emissions certificate and
sticker within five working days if the vehicle fails, upon inspection, to
meet the emissions standards established by the commission, or enter into
any mutually acceptable agreement with the dealer. A violation of this
subdivision shall be an unlawful practice as defined in section 407.020,
RSMo. No emissions inspection shall be required pursuant to sections
643.300 to 643.360 for the sale of any motor vehicle which may be sold
without a certificate of inspection and approval, as provided pursuant to
subsection 2 of section 307.380, RSMo.
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