Section 326IAC13-1.1-2. Applicability

   (a) The following motor vehicles in Lake and Porter counties are subject to the requirements of this rule unless the vehicles are exempt or have received a waiver from the requirements as specified in section 10 of this rule:

(1) Vehicle model years 1976 and newer.

(2) Light-duty and medium-duty motor vehicles.

(3) Vehicles registered or reregistered for highway use.

(4) Fleets primarily operated within Lake County or Porter County.

(5) Leased vehicles that have the registration or titling in the name of the equity owner other than the lessee or user.

(6) Vehicles that are operated on federal installations located within Lake County or Porter County, regardless of whether the vehicles are registered with the federal installation or in Lake County or Porter County. This requirement applies to all employee-owned or leased vehicles, including vehicles owned, leased, or operated by civilian and military personnel on federal installations, and agency-owned or operated vehicles operated on the installation. This requirement shall not apply to visiting agency, employee, or military personnel vehicles as long as the visits do not exceed sixty (60) calendar days per year.

  (b) Motor vehicles subject to this rule in Lake and Porter counties shall be tested under the parameters specified for I/M 93 found at section 7 of this rule.

  (c) Light-duty and medium-duty motor vehicles in Lake and Porter counties of model year 1996 or newer are subject to the provisions of the OBDII check found at section 17.1 of this rule.

  (d) The following motor vehicles are exempt from the testing requirements of this rule:

(1) Heavy-duty motor vehicles with a gross vehicle weight rating of nine thousand (9,000) pounds or more.

(2) Motorcycles.

(3) Motor vehicles with engine displacement less than two hundred (200) cubic centimeters.

(4) Farm tractors, farm trucks, and farm equipment used in connection with agricultural pursuits usual and normal to the user's primary operation.

(5) Motor vehicles registered as recreational vehicles (RV).

(6) Motor vehicles using diesel fuel.

(7) All motor vehicles with a chassis year and engine year prior to 1976 as identified by the:

(A) vehicle identification number; and

(B) engine identification number.

(8) Electric vehicles or vehicles that have been certified by the department as being electric.

(9) Off highway construction equipment.

(10) Antique vehicles.

(11) Show vehicles.

  (e) Motor vehicles registered in Lake County or Porter County but operated in another I/M area shall be:

(1) tested where they are primarily operated; or

(2) given an extension by the department so that testing can occur when the vehicle is brought into the county of registration.

The bureau may accept a certificate of compliance from another U.S. EPA approved I/M program.

  (f) Model year vehicles 1996 and newer shall be tested beginning four (4) calendar years after the model year of the vehicle in order to demonstrate initial compliance. After the initial demonstration of compliance, model year vehicles 1996 and newer shall be tested in the calendar year that corresponds to the model year of the vehicle as specified at section 5 of this rule.

  (g) Owners or operators of vehicles registered in a state other than Indiana who are subject to their state's I/M regulations may have their vehicles tested in Lake County or Porter County under either of the following conditions:

(1) The owner or operator of the vehicle has resided in Lake County or Porter County for a minimum of three (3) months of the previous twelve (12) month period as of the date the vehicle is presented for emissions testing.

(2) The owner or operator of the vehicle has operated the vehicle in Lake County or Porter County for a minimum of three (3) months of the previous twelve (12) month period as of the date the vehicle is presented for emissions testing.

(Air Pollution Control Division; 326 IAC 13-1.1-2; filed Jun 21, 1995, 4:00 p.m.: 18 IR 2731; filed Dec 23, 1998, 4:44 p.m.: 22 IR 1464; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Apr 24, 2007, 3:09 p.m.: 20070523-IR-326060285FRA; filed Mar 20, 2008, 11:11 a.m.: 20080416-IR-326060284FRA)