49-546. Fleet emissions inspection stations; certificates of inspection; dealer's inventory; investigations; revocation or suspension of permit

A. Any registered owner or lessee of a fleet of at least twenty-five vehicles may apply to the director for a permit to establish a fleet emissions inspection station. The director shall not issue any fleet emissions inspection station permit until the director has found that the applicant:

1. Maintains an established place of business for the repair and maintenance of the applicant's fleet of vehicles.

2. Has obtained approved machinery, tools and equipment to adequately conduct the required emissions inspections.

3. Employs properly trained and licensed personnel with which to perform the necessary labor.

4. Agrees to provide data as may be prescribed by the director.

B. Any operator of a fleet emissions inspection station under a valid permit, upon filing an application in the manner and form prescribed by the director and paying the prescribed fee, shall receive a sufficient number of certificates of inspection for each vehicle in the applicant's fleet. A certificate of inspection shall not be issued to any fleet vehicle until it has been inspected and found to comply with applicable regulations. A certificate of inspection issued to a fleet vehicle is transferable as prescribed by the director. The certificate of inspection is valid for a period of not more than one hundred eighty days after the transfer unless the vehicle is reregistered with a new owner, in which case the vehicle shall be inspected in accordance with this article before the reregistration.

C. A holder of a fleet emissions inspection station permit shall not inspect or certificate any vehicle for which the permittee is not the registered owner or lessee, unless authorized by the director.

D. Vehicles that are owned by a licensed vehicle dealer and that are held for resale as a part of the dealer's business inventory are deemed a part of the dealer's vehicle fleet for the purposes of this section.

E. Every vehicle subject to this section and registered in this state shall be inspected in accordance with this article or the rules adopted pursuant to this article. A vehicle that is subject to this section may not be registered or reregistered until the vehicle has passed inspection or been issued a waiver pursuant to section 49-542.

F. The director shall investigate the operation of each fleet emissions inspection station as the conditions and circumstances of the operation may indicate. The director may require the holder of any fleet permit to submit documentation required concerning the operation of the inspection station. The director may suspend or revoke and require the surrender and forfeiture of any fleet emissions inspection station permit and certificates of inspection of the permittee if the director finds that the station is not operated in accordance with this article and the lawful rules adopted by the director or the holder of the permit has failed or refused to submit records or documentation required.

G. For the purposes of section 49-542.03, this section applies to a fleet motor vehicle dealer who meets both of the following conditions:

1. The principal place of business is within fifty miles of the outer boundary of area A.

2. The dealer certifies to the department that customers who reside in area A are the primary source of the dealer's business.