(a) This section applies to any heavy-duty vehicle owner whose vehicle is directed for a referee inspection by the Executive Officer due to any of the following circumstances:
(1) A law enforcement agency requests the Executive Officer to direct a vehicle to referee services.
(2) The vehicle owner has submitted OBD data collected during a compliance test that is inconsistent with the OBD data profile from vehicles with the same make, or model year.
(3) The Executive Officer has issued the vehicle owner a Notice to Submit to Testing under section 2196.5.
(4) The vehicle owner is suspected of operating with tampered emission control components.
(5) The vehicle owner has failed to submit required testing data.
(6) The vehicle owner has unresolved citations related to this HD I/M Regulation.
(7) Services are required for auditing, program validation, or demonstration of compliance purposes.
(8) The vehicle condition makes a typical inspection difficult due to design, malfunctioning condition, or inspection incompatibility.
(9) CARB requires the verification of a submitted repair invoice, work order, or other proof of compliance documentation.
(b) If directed by the Executive Officer to the referee, the vehicle owner shall pass a referee-performed vehicle compliance test as specified in section 2196.7(d) prior to the vehicle being deemed compliant with the requirements of this HD I/M Regulation.
(c) The vehicle owner shall complete a referee inspection under the following circumstances:
(1) The vehicle owner disputes an inspection result and requests an independent evaluation of a vehicle's compliance status.
(2) The vehicle has an engine or emission control configuration that does not meet the original certified configuration required by U. S. EPA or CARB upon installation or initial sale of the vehicle. Such vehicles include the following:
(A) Vehicles equipped with an engine change.
(B) Vehicles equipped with an alternative fuel retrofit system.
(3) The vehicle has been converted to a motor home.
(4) The vehicle owner requests a compliance time extension as specified in section 2196.8.
(d) The referee shall inspect the vehicle for HD I/M compliance and to determine if its emissions control system has been tampered with or is defective. The inspection may include the following:
(1) A vehicle emissions control equipment inspection as specified in section 2198.
(2) An OBD inspection as specified in section 2196.3 on applicable vehicles.
(3) A SAE J1667 opacity test as specified in section 2196.4.
(4) Verification of compliance with the applicable requirements specified in 2196.1(b).
(e) The referee shall recommend the Executive Officer deem a vehicle out of compliance with the HD I/M Regulation if a vehicle does not meet the criteria for passing a compliance test as specified in sections 2196.3 and 2196.4, or fails to meet the requirements of 2196.1(b). The referee may recommend the Executive Officer deem a vehicle in compliance if the referee identifies inspection incompatibilities or other technical issues that cannot be resolved.
Credits
Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43013, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and Section 27153, Vehicle Code. Reference: Sections 43701, 44011.6 and 44152, Health and Safety Code; and Sections 24019 and 27153, Vehicle Code.
