NAC445B.460. Test station: License required to operate; expiration of license; ratings; performance of certain services; prohibited acts; location.

     1. No person may engage in the business of issuing evidence of compliance unless he or she holds a current license to operate a test station at an established place of business and holds one or both of the ratings set forth in subsection 3.

     2. A license that:

     (a) Was issued for a test station before September 25, 1998, expires on September 30 of each calendar year.

     (b) Is issued on or after September 25, 1998, expires 1 year after the last day of the month in which the license was originally issued.

     3. A test station must obtain from the Department:

     (a) A “G” rating if it will be testing the exhaust emissions of gasoline-powered motor vehicles. A test station with a “G” rating shall, when conducting inspections of motor vehicles subject to the provisions of NAC 445B.580, use an exhaust gas analyzer that complies with the equipment specifications published by the Department for this rating and at least one approved inspector who has a “G” rating to perform the exhaust emissions tests.

     (b) A “D” rating if it will be testing the exhaust emissions of:

          (1) Light-duty diesel motor vehicles; or

          (2) Heavy-duty motor vehicles that are powered by diesel engines and have a manufacturer’s gross vehicle weight rating which does not exceed 14,000 pounds.

Ê A test station with a “D” rating shall, when conducting inspections of motor vehicles subject to the provisions of NAC 445B.589, use a dynamometer and a smoke opacity meter that comply with the requirements of NAC 445B.587 and at least one approved inspector who has a “D” rating to perform the exhaust emissions tests.

     4. A facility which holds a license as an authorized inspection station or class 1 fleet station:

     (a) Except as otherwise provided in this subsection, may test exhaust emissions but shall not, unless specifically authorized by the Commission, perform any installation, repair, diagnosis or adjustment to any component or system of a motor vehicle that affects exhaust emissions.

     (b) May:

          (1) Change oil;

          (2) Replace an oil filter, air filter, fuel filter, external conventional or serpentine accessory drive belt or cooling system hose; and

          (3) With regard to a vehicle with a model year of 1980 or older which has not failed its most recent exhaust emissions test administered in this State:

               (I) Replace the spark plugs, secondary cables for the spark plugs, distributor cap, rotor, points or condenser of the vehicle; and

               (II) Adjust the dwell and initial ignition timing of the engine of the vehicle, and the settings for idle speed if those settings are accessible.

     (c) With regard to a vehicle with a model year of 1981 or newer, shall not perform any service or diagnostic action which has a direct effect on data stored in the vehicle computer which monitors how the engine, transmission or emission control system is operating, including, without limitation, the clearing of diagnostic trouble codes relating to the engine, transmission or emission control system.

     5. An authorized inspection station shall not advertise any services which it provides for the testing of exhaust emissions with any services described in subparagraph (3) of paragraph (b) of subsection 4 that the authorized inspection station also provides.

     6. A person licensed to operate a test station shall not own or hold any ownership interest in any business which manufactures, sells, repairs, rents or leases exhaust gas analyzers approved by the Department for the testing of exhaust emissions.

     7. A person or business which manufactures, sells, repairs, rents or leases exhaust gas analyzers approved by the Department for the testing of exhaust emissions shall not own or hold any ownership interest in any business licensed to operate a test station.

     8. An authorized inspection station or class 1 fleet station must not be located immediately adjacent to any business which performs any installation, repair, diagnosis or adjustment of a component or system of a motor vehicle that affects exhaust emissions unless:

     (a) The facility for the station is physically separated from the adjacent facility;

     (b) The facility for the station and the adjacent facility have separate entrances for customers and do not share any common doors or entries between the facilities;

     (c) The adjacent facility has no access to the physical space in which testing occurs at the facility for the station;

     (d) No employee of the adjacent facility is employed by the station; and

     (e) The facility for the station and the adjacent facility have separate mailing addresses.

     9. A facility that holds a license as an authorized inspection station or class 1 fleet station may perform the servicing of a fuel injection system only by using a method that:

     (a) Utilizes a cleaning solvent for the fuel system that is registered as a fuel additive with the United States Environmental Protection Agency in accordance with the requirements of 40 C.F.R. Part 79;

     (b) Introduces the cleaning solvent into the fuel tank and no other portion of the vehicle’s fuel system or air intake system; and

     (c) Does not involve the dismantling, removal or adjustment of any portion of the fuel system or air intake system other than the fuel inlet cap.

     [Environmental Comm’n, Engine Emission Control Reg. § 3.10.1, eff. 1-10-78; A 12-20-79; § 3.11.2, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 12-28-89; 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of Motor Veh. by R178-01, 8-21-2002; A by Environmental Comm’n by R023-02, 9-20-2002; R106-05, 10-31-2005; A by Dep’t of Motor Veh. by R065-05, 6-1-2006, eff. 9-1-2006; A by Environmental Comm’n by R130-09, 1-28-2010)