Regulation - LGIC
Drive Clean Program - Repair Cost Limit/Conditional Pass, Drive Clean Inspectors and Repair Technicians, Resale Vehicle Test Requirements, and Islands without Access to Year Round Ferry Service (Remote Islands)
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act; Highway Traffic Act
Summary of Decision:
Approved
Further Information:
Link to Environmental Registry
Proposal Number:
16-MOE010
Posting Date:
December 16, 2016
Summary of Proposal:
MOECC is proposing that O. Reg. 361/98 be amended with respect to:
• conditional passes and the associated repair cost limit for vehicles that fail an emissions test; and
• strengthening provisions relating to Drive Clean inspectors and repair technicians
1. Repair Cost Limit/Conditional Passes.
a) Exclude Diagnostic Fees and Monitor Setting Fees from being counted towards the Repair Cost Limit
b) Annually adjust the Repair Cost Limit based on the Consumer Price Index
c) Prohibit consecutive conditional passes
2. Drive Clean Inspectors and Repair Technicians.
MOECC is proposing to amend O. Reg. 361/98 to give the Director authority to:
a) Give written notice requiring a Drive Clean inspector to retrain if he or she has performed incompetent inspections;
b) Give written notice decertifying a Drive Clean inspector who continues to perform incompetent inspections after being retrained; and
c) Give written notice decertifying a Drive Clean inspector or Drive Clean repair technician who has permitted the creation, distribution or use of a false report.
It is proposed that Regulation 628 be amended with respect to requirements for licence plate renewal or when transferring a motor vehicle's ownership in the following ways:
• removal of the requirement for a Drive Clean Test and emissions inspection report for ownership transfers of light-duty vehicles (LDVs); and,
• applicability of the requirement for a Drive Clean test and emissions inspection report to LDVs registered to islands in Ontario without access to year round ferry service.
3. Drive Clean Test Requirements for Resale of LDVs.
A Drive Clean test and emission inspection report would no longer be required before transferring ownership of an LDV. All LDVs will still require their first biennial Drive Clean test for licence plate renewal at 7 years old.
4. Islands without Access to Year Round Ferry Service (Remote Islands).
LDVs registered to islands without access to year round ferry service would not be required to meet the emission testing requirements of the Drive Clean program as a condition of licence plate renewal or when transferring a motor vehicle's ownership (i.e. resale, proposed to be removed for all LDVs as described above).
• conditional passes and the associated repair cost limit for vehicles that fail an emissions test; and
• strengthening provisions relating to Drive Clean inspectors and repair technicians
1. Repair Cost Limit/Conditional Passes.
a) Exclude Diagnostic Fees and Monitor Setting Fees from being counted towards the Repair Cost Limit
b) Annually adjust the Repair Cost Limit based on the Consumer Price Index
c) Prohibit consecutive conditional passes
2. Drive Clean Inspectors and Repair Technicians.
MOECC is proposing to amend O. Reg. 361/98 to give the Director authority to:
a) Give written notice requiring a Drive Clean inspector to retrain if he or she has performed incompetent inspections;
b) Give written notice decertifying a Drive Clean inspector who continues to perform incompetent inspections after being retrained; and
c) Give written notice decertifying a Drive Clean inspector or Drive Clean repair technician who has permitted the creation, distribution or use of a false report.
It is proposed that Regulation 628 be amended with respect to requirements for licence plate renewal or when transferring a motor vehicle's ownership in the following ways:
• removal of the requirement for a Drive Clean Test and emissions inspection report for ownership transfers of light-duty vehicles (LDVs); and,
• applicability of the requirement for a Drive Clean test and emissions inspection report to LDVs registered to islands in Ontario without access to year round ferry service.
3. Drive Clean Test Requirements for Resale of LDVs.
A Drive Clean test and emission inspection report would no longer be required before transferring ownership of an LDV. All LDVs will still require their first biennial Drive Clean test for licence plate renewal at 7 years old.
4. Islands without Access to Year Round Ferry Service (Remote Islands).
LDVs registered to islands without access to year round ferry service would not be required to meet the emission testing requirements of the Drive Clean program as a condition of licence plate renewal or when transferring a motor vehicle's ownership (i.e. resale, proposed to be removed for all LDVs as described above).
Contact Address:
Effective Date:
April 1, 2017
Decision:
Approved