This is a personal question. Despite my law degree and 16 years experience as a prosecutor, I cannot seem to locate the law that details motor vehicle inspection locations.

The question is, if a college student lives in another part of Texas, and their vehicle is registered at their home, can they have their vehicle inspected where they attend college?

The county of registration of the vehicle is not an emissions testing county, but the college county is, but passing that test is not the issue.

I was told some years ago at a service station that they could only inspect your vehicle in the county where the vehicle was registered. The transportation code and the DPS website have an abundance of information regarding motor vehicle inspections but absolutely no information regarding this topic.
Where is this law?

This emissions section does seem to anticipate that the registration and inspection will occur in the same county:

� 548.3012. Exemption: Vehicle Not Used Primarily in County of Registration


(a) This section applies only to a vehicle that:

(1) is to be registered in a county with a motor vehicle emissions
inspection and maintenance program; and

(2) will be used in that county for fewer than 60 days during the
registration period for which registration is sought.

(b) The owner of a vehicle described by Subsection (a) may obtain for that vehicle an exemption from the vehicle emissions test requirements of this subchapter by submitting to the county assessor-collector an affidavit stating that the named vehicle will be used in the county of registration for fewer than 60 calendar days during the registration period for which registration is sought.

Well, I came across that too, and I sure appreciate you looking at that. Basically, college child is attending in a county where they have emissions testing. That is ok, it is a almost new car, so it will pass, it is just registered at the home of the student, which is some distance from the college.

I'm basically trying to see if college student can get car inspected in the county where they are attending college, and not have to come back home just to have car inspected.

Have you tried to get it inspected in the college town?

Not that I am advocating breaking the law, but if the inspection site will do the inspection and give the sticker, I don't see any law enforcement officer checking so closely that they would even notice.

When I was in college away from home, I believe I did that, but I also think that was before emissions testing. I don't think it's a problem if you get it inspected in an emissions county but you're registered in a non-emissions county; I think the only way you have an issue (and need to do the affidavit) is if you live in an emissions county and are primarily using (and wanting to inspect) the car in a non-emissions county, because under the motor vehicle registration provisions, it doesn't appear that they will be able to register the car in the emissions county without the emissions test. Not your problem, tho

Where is your child in school, why did your child decide to go so far away from home, and are you glad they did?

Hey Greg, found this from the DPS website:

All Texas registered vehicles are required to receive an annual inspection. All inspections include a comprehensive safety inspection, however some vehicles are required to have an emissions test in addition to the safety inspection.

Which vehicles are required to have the emissions test?

1. Vehicles registered in designated county. Designated counties include:

Brazoria, Fort Bend, Galveston, Harris, Montgomery, Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, Travis, Williamson and El Paso counties.

I agree with the last response from Gretchen.

And we miss you in FB County...

From an old Sugar Land PD friend

quote:

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Originally posted by Gretchen:
Where is your child in school, why did your child decide to go so far away from home, and are you glad they did?

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Email me and I'll be glad to answer your questions. Too many lurkers on this board that are not in our fellowship, and I like to keep some personal details somewhat confidential.

quote:

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Originally posted by PatrolSgt:
Hey Greg, found this from the DPS website:

I agree with the last response from Gretchen.

And we miss you in FB County...

From an old Sugar Land PD friend

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Thanks. I'm sure I miss you too, although you are a mystery to me as to your ID. I never met a sugar land police officer I didn't like. Any clues as to you?

quote:

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Originally posted by Paul Houston:
Have you tried to get it inspected in the college town?

Not that I am advocating breaking the law, but if the inspection site will do the inspection and give the sticker, I don't see any law enforcement officer checking so closely that they would even notice.

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Good advice. I advised to ask an inspection station since I can't seem to find the answer. Fade to family statements of "but you're a lawyer..."

Gotta be UT. I'd be ashamed to say it, too.

quote:

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Originally posted by Greg Gilleland:

quote:

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Originally posted by Gretchen:
Where is your child in school, why did your child decide to go so far away from home, and are you glad they did?

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Email me and I'll be glad to answer your questions. Too many lurkers on this board that are not in our fellowship, and I like to keep some personal details somewhat confidential.

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G--
Check your private topics.
--G

Thanks G

Wow! I never knew I had private topics. I even have messages in there from last year! Mail!

G

I don't think most people are aware of that option. But it's a nice one to have if you want your contact information to remain confidential.

A family member was recently in the process of moving from a non-sniffer county to a sniffer county. For reasons unknown to me, he volunteered that info to the inspector in the old non-sniffer county. The inspector said as long as the car was still registered in the non-sniffer county, it could be inspected anywhere. Don't know if it is correct, but that is what he was told at the inspection station. BK

Hopefully that is the law, Boyd and she can get her car inspected where she is. I do remember that when I worked in Fort Bend and lived in Harris, I couldn't get my car inspected in FB because I didn't live there, and several stations told me that. Maybe the county I lived in then (Harris) was a testing county and the county I worked in (Fort Bend) was not, and maybe that was the reason.

Thanks for the help!

Greg,

You probably knew me as Det. M. Levan but I am a Patrol Sgt. now.

I enjoy reading this forum you guys give me a different and fresh perspective on some topics.

Although one of my colleagues in the Department�s General Counsel�s Office posted my contact information, I wasn�t asked this issue. I decide to quit lurking and try and provide an answer to the post. Sorry its late, but I don�t visit all the time.

Q: Where is this law? [C]annot seem to locate the law that details motor vehicle inspection locations.
A: Most of the law on vehicle inspection is located in Transportation Code, Chapter 548, any other legal authorities are located in Texas Administrative Code Title 37, Chapter 23. Where some of Admin Law types hang out and write rules and stuff.(http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=37&pt=1&ch=23)

Q: College student lives in another part of Texas, and their vehicle is registered at their home, can they have their vehicle inspected where they attend college?
A: Yes, them and anyone else.
There is no law prescribing where to get the vehicle inspected, except for emission testing of gasoline powered vehicles older than 2 years and less than 25 years old. Inspection stations, private businesses, probably just don�t like to lose the business. I think if you read �548.051, 548.002, 548.003, 548.005 and 548.053 in order, you get the gist of it. There appear to be a large absence of laws for things that you can do or are not prohibited, besides this is the Transportation Code after it codification from the Civil Statutes.

Q: If county of vehicle registration IS emission testing county?
A: Can still get it inspected in temporary non-etest county, BUT under 37 TAC �23.93, must sign DPS affidavit (VIE-12, only available in non e-test counties) indicating one of four circumstances for exception and that vehicle will be emission tested (there is additional sticker to show it) upon return to the emissions testing (or I/M for those of us in the e-test business) county of registration otherwise driving around afterwards is violation of TRC 548.602(a)(1) because not �appropriate inspection certificate.�

Notes:
1. Any testable vehicle presented for inspection in county with emissions testing WILL be emissions tested regardless. Look before you leap.
2. DPS, to keep it simple, opines that all emissions tests for purposes of enforcement are the same, so an emissions test in Travis county will do for Houston although for 95 model year and older, the prescribed tailpipe test is different.

Contact me if you have any specific legal thoughts that I can provide for you. However I don�t keep up on the case law focusing on vehicle equipment - Strange how some �dope� will mess up a safety regulation.