NAC445B.5075. Manufacturer of approved analyzer: Required services; administrative fine for violations.

     1. The manufacturer of an exhaust gas analyzer approved by the Department, or an authorized representative of the manufacturer, shall provide the services set forth in this section to each person purchasing or leasing one of those analyzers as part of the warranty required pursuant to NAC 445B.5065, and thereafter upon request by the purchaser or lessee at a cost negotiated between the parties.

     2. The manufacturer or its authorized representative shall:

     (a) Deliver, install, calibrate and verify the proper operating condition of the analyzer.

     (b) Train all approved inspectors employed by the test station at the time of installation in the proper use, maintenance and operation of the analyzer, including the procedure for performing a vehicle inspection in this State.

     (c) Provide, within 30 days after receiving an oral or written request from the operator of a test station, additional training to an applicant for licensure as a class I approved inspector who is unable to demonstrate to the Department an ability to adjust and operate the equipment in accordance with paragraph (b) of subsection 1 of NAC 445B.485. The manufacturer may charge a fee for providing such additional training.

     (d) Provide on-site service calls by a qualified repair technician within 2 business days after receiving an oral or written request from the operator of the test station. The names, toll-free telephone numbers and business addresses of all of the manufacturer’s representatives responsible for equipment service in the affected area must be provided to the operator of the test station for this purpose. A service representative of the manufacturer must be available to receive service calls at all times during normal working hours of each day of the week, excluding Sundays and national holidays. Any necessary repairs to an analyzer, replacement of components or adjustments to an analyzer, including the correction and reset of quality control lockout systems, must be accomplished at the test station within 1 day after authorization from the operator of the test station has been obtained to perform the repairs. If it is not possible to complete the work within this time, a temporary replacement analyzer meeting all program requirements of the Department must be provided to the operator of the test station at no additional charge until the malfunctioning analyzer is properly repaired and returned to service.

     (e) Provide up to two updates of software as required by the Department, which may include, without limitation:

          (1) Preconditioning procedures and emission testing sequences;

          (2) Various look-up tables;

          (3) Procedures for data communication; and

          (4) Criteria affecting the selection of emission standards, vehicle exemptions, and whether a vehicle passes or fails an emissions test.

Ê Other areas not specifically mentioned may also be required to be updated, but changes are not expected in all noted areas at one time.

     (f) Provide major alterations or additions to the hardware or software of the analyzer as may be deemed necessary by the Department in response to a change in requirements of the inspection and maintenance program of this State, a change in vehicle technology or other relevant change. If an update is required, the time for development will be agreed upon by the Department and the manufacturer. If an update of software is required, the time within which the updated software must be developed will be agreed upon by the Department and manufacturer.

     3. If the manufacturer of an exhaust gas analyzer violates any provision of subsection 2, the Department may, pursuant to NRS 445B.835, impose an administrative fine of $1,000. Each day upon which such a violation occurs constitutes a separate violation.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 7-1-94; A 9-13-95; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)