(1) (a) No person shall make, issue, or knowingly use
any imitation or deceptively similar or counterfeit certification of emissions control
form.
(b) No person shall possess a certification of emissions control if such
person knows the same is fictitious, or was issued for another motor vehicle, or was
issued without an emissions inspection having been made when required.
(c) Any person who violates any provision of this subsection (1) is guilty of a
class A traffic infraction.
(2) (a) No emissions inspector or emissions mechanic shall issue a
certification of emissions control for a motor vehicle which does not qualify for the
certification or verification issued.
(b) Any emissions inspector or emissions mechanic who issues a certification
of emissions control in violation of subsection (2)(a) of this section commits a class
2 misdemeanor and, upon conviction thereof, shall be punished as provided in
section 18-1.3-501.
(3) (a) No person shall operate a motor vehicle registered or required to be
registered in this state, nor shall any person allow such a motor vehicle to be
parked on public property or on private property available for public use, without
such vehicle having passed any necessary emissions test. The owner of any motor
vehicle that is in violation of this paragraph (a) shall be responsible for payment of
any penalty imposed under this section unless such owner proves that the motor
vehicle was in the possession of another person without the owner's permission at
the time of the violation.
(b) (Deleted by amendment, L. 2001, p. 1025, � 11, effective June 5, 2001.)
(c) Any vehicle owner who violates any provision of this section is guilty of a
misdemeanor traffic offense and, upon conviction thereof, shall be punished by a
fine of fifty dollars payable within thirty days after conviction.
(d) Any nonowner driver who violates any provision of this section is guilty of
a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a
fine of fifteen dollars, payable within thirty days after conviction.
(e) The owner or driver may, in lieu of appearance, submit to the court of
competent jurisdiction, within thirty days after the issuance of the notice and
summons, the certification or proof of mailing specified in this subsection (3).
(f) Any fine collected pursuant to the provisions of this subsection (3) shall
be retained by the jurisdiction in whose name such penalty was assessed.
(g) Nothing in this section shall be construed to limit the authority of any
municipality, city, county, or city and county to adopt and enforce an ordinance or
resolution pertaining to the enforcement of emissions control inspection
requirements.
(h) to (j) Repealed.
(4) (a) For the emissions program, a contractor who is awarded a contract to
perform emissions inspections within the emissions program area shall be held
accountable to the department of public health and environment and the
department of revenue. Any such contractor shall be subject to civil penalties in
accordance with this section or article 7 of title 25, C.R.S., as appropriate, for any
violation of applicable laws or rules and regulations of the department of revenue
or the commission.
(b) (I) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive
director may suspend for a period not less than six months the license of any
operator or employee operating an inspection-only facility, fleet inspection station,
or motor vehicle dealer test facility or may impose an administrative fine pursuant
to subparagraph (II) of this paragraph (b), or may both suspend a license and impose
a fine, if any such operator or employee, inspection-only facility, fleet inspection
station, or motor vehicle dealer test facility engages in any of the following:
(A) Intentionally passing a failing vehicle;
(B) Performing any test by an unlicensed inspector;
(C) Performing a test on falsified test equipment;
(D) Failing a passing vehicle;
(E) Flagrantly misusing control documents; or
(F) Engaging in a pattern of noncompliance with any regulations of the
department of revenue or the commission.
(II) The contract for operation of enhanced inspection centers shall specify
administrative fines to be imposed for the violations enumerated in subparagraph (I)
of this paragraph (b).
(c) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive
director shall impose administrative fines in amounts set by the executive director
of not less than twenty-five dollars and not more than one thousand dollars against
any operator or employee operating an inspection and readjustment station, an
inspection-only facility, or a motor vehicle dealer test facility, or any contractor
operating an enhanced inspection center or clean screen contractor that engages
in two or more incidents per person, station, facility, or center, of any of the
following:
(I) Test data entry violations;
(II) Test sequence violations;
(III) Emission retest procedural violations;
(IV) Vehicle emissions tag replacement test procedural violations;
(V) Performing any emissions test on noncertified equipment;
(VI) Wait-time and lane availability violations;
(VII) Physical emissions test examination violations;
(VIII) Knowingly passing failing vehicles; or
(IX) Knowingly failing passing vehicles.
(5) A person that violates this section violates section 18-5-121 and, in
addition to any other penalty, is subject to the penalties of section 18-5-121 (6).