§ 20-183.8. Infractions and criminal offenses for violations of inspection requirements.
§ 20‑183.8. Infractionsand criminal offenses for violations of inspection requirements.
(a) Infractions. Aperson who does any of the following commits an infraction and, if foundresponsible, is liable for a penalty of up to fifty dollars ($50.00):
(1) Operates a motorvehicle that is subject to inspection under this Part on a highway or publicvehicular area in the State when the vehicle has not been inspected inaccordance with this Part, as evidenced by the vehicle's lack of a currentelectronic inspection authorization or otherwise.
(2) Allows an electronicinspection authorization to be issued to a vehicle owned or operated by thatperson, knowing that the vehicle was not inspected before the electronicinspection authorization was issued or was not inspected properly.
(3) Issues an electronicinspection authorization on a vehicle, knowing or having reasonable grounds toknow that an inspection of the vehicle was not performed or was performedimproperly. A person who is cited for a civil penalty under G.S. 20‑183.8Bfor an emissions violation involving the inspection of a vehicle may not becharged with an infraction under this subdivision based on that same vehicle.
(4) Alters the originalcertified configuration or data link connectors of a vehicle in such a way asto make an emissions inspection by analysis of data provided by on‑boarddiagnostic (OBD) equipment inaccurate or impossible.
(b) Defenses toInfractions. Any of the following is a defense to a violation undersubsection (a) of this section:
(1) The vehicle wascontinuously out of State for at least the 30 days preceding the date theelectronic inspection authorization expired and a current electronic inspectionauthorization was obtained within 10 days after the vehicle came back to theState.
(2) The vehicle displaysa dealer license plate or a transporter plate, the dealer repossessed thevehicle or otherwise acquired the vehicle within the last 10 days, and thevehicle is being driven from its place of acquisition to the dealer's place ofbusiness or to an inspection station.
(3) Repealed by SessionLaws 1997‑29, s. 5.
(4) The chargedinfraction is described in subdivision (a)(1) of this section, the vehicle issubject to a safety inspection or an emissions inspection and the vehicle ownerestablishes in court that the vehicle was inspected after the citation wasissued and within 30 days of the expiration date of the inspection sticker thatwas on the vehicle or the electronic inspection authorization was issued to thevehicle when the citation was issued.
(b1) A person whoperforms a safety inspection without a license, as required under G.S. 20‑183.4,or an emissions inspection without a license, as required under G.S. 20‑183.4A,is guilty of a Class 3 misdemeanor.
(c) Felony. A personwho does any of the following commits a Class I felony:
(1) Forges an inspectionsticker or inspection receipt.
(2) Buys, sells, issues,or possesses a forged inspection sticker or electronic inspectionauthorization.
(3) Buys, sells, issues,or possesses an electronic inspection authorization other than as the result ofeither of the following:
a. Having a license asan inspection station, a self‑inspector, or an inspection mechanic andobtaining the electronic inspection authorization from the Division through anelectronic authorization vendor in the course of business.
b. A vehicle inspectionin which the vehicle passed the inspection or for which the vehicle received awaiver.
(4) Solicits or acceptsanything of value in order to pass a vehicle that fails a safety or emissionsinspection.
(5) Fails a vehicle forany reason not authorized by law. (1965, c. 734, s. 1; 1967, c. 692, s. 3; 1969, c.179, s. 1; c. 620; 1973, cc. 909, 1322; 1975, c. 716, s. 5; 1979, 2nd Sess., c.1180, s. 4; 1985, c. 764, s. 23; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1993(Reg. Sess., 1994), c. 754, s. 1; 1997‑29, s. 5; 1999‑452, s. 25;2001‑504, s. 13; 2007‑503, s. 14; 2009‑319, s. 5.)