Issue

 Current Statute

 Potential Changes 

High Emitter Identification and Enforcement

C.R.S. 42-4-307(6)(a)(II) gives the AQCC authority to require off-cycle repairs for non-complying vehicles identified by remote sensing.

See below.

a) Confirmatory Testing

Requires that a confirmatory test be given at one of the State-run emissions technical centers.

Allowing confirmatory tests to be done at the regular testing stations may be a practical and cost effective solution.

b) Vehicles with Valid Certification or Exemption

Current statute states that 1) an emissions certification is valid for two years, 2) new vehicles are exempt for four years unless sold, 3) collector cars must only pass a one-time test unless sold.

Need to clarify state’s ability to enforce against high emitters with a valid emissions certification and exempt vehicles.

c) Out of Area Vehicles

Vehicles registered outside the program area are not required to comply with the emission standards unless the vehicle is operated in the program area on a regular basis.

Statutory change needed to require high emitting vehicles registered outside the program area to comply with emission standards.

d) Payment for Confirmatory Testing

None.

Provisions needed to describe when vehicle owner must pay for confirmatory test. Owner could be required to pay in all cases or only if the vehicle fails.

e) Enforcement and Fines

None.

Provisions needed to describe enforcement procedures when a vehicle is identified as a high emitter. Could include allowing a notice of violation to be sent to the vehicle owner or allowing law enforcement officials to carry out a pullover program. Also necessary to establish fines or other penalties for non-compliance.

f) Funding

None.

Need to establish a funding mechanism for a high emitter program. 
Funding mechanism would need to cover the cost of a stand-alone program or the costs of a high emitter program implemented as a supplement to a clean screen program.

Smoking Vehicle Enforcement

State statute (42-4-412) & local ordinances make it illegal to operate a gas powered vehicle that emits visible smoke. Fines vary from $25 to $300 dollars. However, there is little enforcement and no requirement that smoking vehicles re-enter the emissions testing program. A vehicle cannot receive a waiver from the emissions test if it emits visible smoke.

See below.

a) Confirmatory Testing for Smoking Vehicles

None.

Modify the current statute to require any vehicle cited for smoking to submit to a confirmatory test at an emissions testing center and to comply with the program requirements.

b) Financial Incentives for Local Governments

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Some type of financial incentive from the State may be necessary to make smoking vehicle enforcement a priority with local police and environmental officers.