West Virginia Code § 22-5-15

Motor vehicle pollution, inspection and maintenance
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(a) As the state of knowledge and technology relating to the control of emissions from motor
vehicles may permit or make appropriate and in furtherance of the purposes of this article,
the director may provide by legislative rule for the control of emissions from motor vehicles.
The legislative rule may prescribe requirements for the installation and use of equipment
designed to reduce or eliminate emissions and for the proper maintenance oef such
equipment and of vehicles. Any legislative rule pursuant to this section shall be consistent
with provisions of federal law, if any, relating to control of emissions frrom the vehicles
concerned. The director shall not require, as a condition precedent to the initial sale of a
vehicle or vehicular equipment, the inspection, certification or other approval of any feature
or equipment designed for the control of emissions from motor vehicles, if such feature or
equipment has been certified, approved or otherwise authortized pursuant to federal law.
(b) Except as permitted or authorized by law or legislative rule, no person shall fail to
maintain in good working order or remove, dismantle or otherwise cause to be inoperative
any equipment or feature constituting an operational element of the air pollution control
system or mechanism of a motor vehicle requisred by rules of the director to be maintained in
or on the vehicle. Any such failure to maintain in good working order or removal,
dismantling or causing of inoperability subjects the owner or operator to suspension or
cancellation of the registration for thge vehicle by the Department of Transportation, Division
of Motor Vehicles. The vehicle is not thereafter eligible for registration until all parts and
equipment constituting operateional elements of the motor vehicle have been restored,
replaced or repaired and are in good working order.
(c) The Department of Transportation, Division of Motor Vehicles, Department of
Administration, information and communication services division and the State Police shall
make available technical information and records to the director to implement the legislative
rule regarding motor vehicle pollution, inspection and maintenance. The director may
promulgate a legislative rule establishing motor vehicle pollution, inspection and
maiWntenance standards and imposing an inspection fee at a rate sufficient to implement the
motor vehicle inspection program and shall do so when required pursuant to federal law
regarding attainment of ambient air quality standards.
(d) The director may promulgate a legislative rule requiring maintenance of features of
equipment in or on motor vehicles for the purpose of controlling emissions therefrom and
shall do so when required pursuant to federal law regarding attainment of ambient air
quality standards, and no motor vehicle may be issued a Division of Motor Vehicles
registration certificate, or the existing registration certificate shall be revoked, unless the
motor vehicle has been found to be in compliance with the director's legislative rule.
(e) The remedies and penalties provided in this section and section one, article three,
chapter seventeen-a of this code, apply to violations hereof and the provisions of sections six
or seven of this article do not apply thereto.
(f) As used in this section "motor vehicle" has the same meaning as in chapter seventeen-c of
this code.

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