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Section: 643.0315 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. RSMO 643.315


Published: 2015

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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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