§ 46.2-1178.1. On-road testing of motor vehicle emissions; authority to adopt regulations; civil charges.
A. The emissions inspection program authorized by § 46.2-1177 and provided for in § 46.2-1178 shall include on-road testing of motor vehicle emissions and an on-road clean screen program. The Board shall promulgate regulations establishing on-road testing and on-road clean screen program requirements including, but not limited to, collecting data and information necessary to comply with or determine compliance with applicable laws and regulations, random testing of motor vehicle emissions, procedures to notify owners of test results, assessment of civil charges for noncompliance with emissions standards adopted by the Board, and standards for operating the on-road clean screen program, including provisions for the suspension or revocation of any on-road emissions inspection program for failure to act in accordance with the provisions of this article and regulations adopted by the Board.
B. If an emissions test performed pursuant to this section indicates that a motor vehicle does not meet emissions standards established by the Board, the Board may collect from the owner of the vehicle a civil charge based on actual emissions. The Board shall establish a schedule of civil charges to be collected pursuant to this section. Such civil penalties shall not exceed $450 using 1990 as the base year and adjusted annually by the Consumer Price Index. The schedule of charges and their assessment shall be established by regulations promulgated to be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Civil charges assessed pursuant to this section shall be waived by the Board if, within 30 calendar days of notice of the violation, the vehicle's owner provides proof that the vehicle (i) since the date of the violation, has passed a vehicle emissions test as provided in § 46.2-1178, (ii) qualifies for an emissions inspection waiver as provided in § 46.2-1181, or (iii) has qualified for an emissions inspection waiver as provided in § 46.2-1181 within the 12 months prior to the violation.
D. Civil charges collected pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Vehicle Emissions Inspection Program Fund pursuant to § 46.2-1182.2.
E. If the on-road clean screen program indicates that a motor vehicle does not exceed emissions standards adopted by the Board for on-road testing pursuant to § 46.2-1179, then such testing may be considered proof of compliance for the purposes of § 46.2-1183 and may be considered to satisfy the requirements of § 46.2-1177 for a biennial inspection. The Board shall establish criteria under which such testing shall satisfy the requirements of § 46.2-1183.
1995, cc. 836, 851; 1996, cc. 35, 100; 2002, c. 710; 2012, cc. 216, 824.