This article shall be known and may be cited as the “Georgia Motor Vehicle Emission Inspection and Maintenance Act.” History. Code 1981, § 12-9-40 , enacted by Ga. L. 1992, p. 918, § 2. Law reviews. For article, “Administrative Law,” see 53 Mercer L. Rev. 81 (2001).
With respect to the ambient air quality in this state, the General Assembly finds that: Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal […]
It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone or carbon monoxide or both are in excess of the NAAQS, as designated by the […]
As used in this article, the term: “Board” means the Board of Natural Resources. “Certificate of authorization” means a certificate issued by the Department of Natural Resources to each establishment or location designated as an official emission inspection station. “Certificate of emission inspection” means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, […]
This article shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through […]
In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection […]
The board shall have the following powers and duties under this article: To adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly related to excess levels of ozone or carbon monoxide or both in such county […]
The board shall have and may exercise the following powers and duties under this article: To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all […]
Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection […]
Any garage or other establishment which desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director and shall contain such information as may be required by the director. A certificate of authorization and certificate […]
Any duly appointed agent of the director, including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent’s credentials to inspect, monitor, or investigate the operation of any emission […]
Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof of a valid certificate of emission inspection issued pursuant to Code […]
The director may amend, modify, revoke, or suspend any certificate of authorization issued to an emission inspection station or any license issued to a mechanic inspector for cause, including but not limited to: Violating the provisions of this article concerning the inspection of any responsible motor vehicle; A determination by the board that the number, […]
Review of a decision of the director under this article shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 12-9-53 , enacted by Ga. L. 1992, p. 918, § 2; Ga. L. 1998, p. 1524, § 3.
No person shall sell any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Code Section 12-9-45, unless there appears on such vehicle an unexpired valid certificate of emission inspection issued pursuant to […]
No person shall in any manner represent any place or establishment as an official emission inspection station unless such station has been issued a valid certificate of authorization by the department. No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued […]
When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law. History. Code 1981, § 12-9-56 , enacted by Ga. L. 1992, p. 918, § 2.
This article shall remain of force and effect only so long as the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone or […]
