1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 200 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BEAN. |
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8 | 8 | | 0746S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 643.315, RSMo, and to enact in lieu thereof one new section relating to farm |
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11 | 11 | | vehicles. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 643.315, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 643.315, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 643.315. 1. Except as provided in sec tions 643.300 to 1 |
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18 | 18 | | 643.355, all motor vehicles which are domiciled, registered 2 |
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19 | 19 | | or primarily operated in an area for which the commission 3 |
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20 | 20 | | has established a motor vehicle emissions inspection program 4 |
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21 | 21 | | pursuant to sections 643.300 to 643.355 shall be inspect ed 5 |
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22 | 22 | | and approved prior to sale or transfer; provided that, if 6 |
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23 | 23 | | such vehicle is inspected and approved prior to sale or 7 |
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24 | 24 | | transfer, such vehicle shall not be subject to another 8 |
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25 | 25 | | emissions inspection for ninety days after the date of sale 9 |
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26 | 26 | | or transfer of such vehicle. In addition, any such vehicle 10 |
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27 | 27 | | manufactured as an even -numbered model year vehicle shall be 11 |
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28 | 28 | | inspected and approved under the emissions inspection 12 |
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29 | 29 | | program established pursuant to sections 643.300 to 643.355 13 |
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30 | 30 | | in each even-numbered calendar year and any such vehicle 14 |
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31 | 31 | | manufactured as an odd -numbered model year vehicle shall be 15 |
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32 | 32 | | inspected and approved under the emissions inspection 16 |
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33 | 33 | | program established pursuant to sections 643.300 to 643.355 17 |
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34 | 34 | | in each odd-numbered calendar year. All motor vehicles 18 SB 200 2 |
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35 | 35 | | subject to the inspection requirements of sections 643.300 19 |
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36 | 36 | | to 643.355 shall display a valid emissions inspection 20 |
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37 | 37 | | sticker, and when applicable, a valid emissions inspection 21 |
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38 | 38 | | certificate shall be presented at the time of registration 22 |
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39 | 39 | | or registration renew al of such motor vehicle. The 23 |
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40 | 40 | | department of revenue shall require evidence of the safety 24 |
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41 | 41 | | and emission inspection and approval required by this 25 |
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42 | 42 | | section in issuing the motor vehicle annual registration in 26 |
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43 | 43 | | conformity with the procedure required by sectio ns 307.350 27 |
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44 | 44 | | to 307.390 and sections 643.300 to 643.355. The director of 28 |
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45 | 45 | | revenue may verify that a successful safety and emissions 29 |
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46 | 46 | | inspection was completed via electronic means. 30 |
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47 | 47 | | 2. The inspection requirement of subsection 1 of this 31 |
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48 | 48 | | section shall apply to all motor vehicles except: 32 |
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49 | 49 | | (1) Motor vehicles with a manufacturer's gross vehicle 33 |
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50 | 50 | | weight rating in excess of eight thousand five hundred 34 |
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51 | 51 | | pounds; 35 |
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52 | 52 | | (2) Motorcycles and motortricycles if such vehicles 36 |
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53 | 53 | | are exempted from the motor vehicle emissions inspection 37 |
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54 | 54 | | under federal regulation and approved by the commission by 38 |
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55 | 55 | | rule; 39 |
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56 | 56 | | (3) Model year vehicles manufactured prior to 1996; 40 |
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57 | 57 | | (4) Vehicles which are powered exclusively by electric 41 |
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58 | 58 | | or hydrogen power or by fuels other than gasolin e which are 42 |
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59 | 59 | | exempted from the motor vehicle emissions inspection under 43 |
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60 | 60 | | federal regulation and approved by the commission by rule; 44 |
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61 | 61 | | (5) Motor vehicles registered in an area subject to 45 |
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62 | 62 | | the inspection requirements of sections 643.300 to 643.355 46 |
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63 | 63 | | which are domiciled and operated exclusively in an area of 47 |
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64 | 64 | | the state not subject to the inspection requirements of 48 |
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65 | 65 | | sections 643.300 to 643.355, but only if the owner of such 49 |
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66 | 66 | | vehicle presents to the department an affidavit that the 50 SB 200 3 |
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67 | 67 | | vehicle will be operated e xclusively in an area of the state 51 |
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68 | 68 | | not subject to the inspection requirements of sections 52 |
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69 | 69 | | 643.300 to 643.355 for the next twenty -four months, and the 53 |
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70 | 70 | | owner applies for and receives a waiver which shall be 54 |
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71 | 71 | | presented at the time of registration or regist ration 55 |
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72 | 72 | | renewal; 56 |
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73 | 73 | | (6) New and unused motor vehicles, of model years of 57 |
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74 | 74 | | the current calendar year and of any calendar year within 58 |
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75 | 75 | | two years of such calendar year, which have an odometer 59 |
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76 | 76 | | reading of less than six thousand miles at the time of 60 |
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77 | 77 | | original sale by a motor vehicle manufacturer or licensed 61 |
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78 | 78 | | motor vehicle dealer to the first user; 62 |
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79 | 79 | | (7) Historic motor vehicles registered pursuant to 63 |
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80 | 80 | | section 301.131; 64 |
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81 | 81 | | (8) School buses; 65 |
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82 | 82 | | (9) Heavy-duty diesel-powered vehicles with a gross 66 |
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83 | 83 | | vehicle weight rating in excess of eight thousand five 67 |
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84 | 84 | | hundred pounds; 68 |
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85 | 85 | | (10) New motor vehicles that have not been previously 69 |
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86 | 86 | | titled and registered, for the four -year period following 70 |
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87 | 87 | | their model year of manufacture, provided the odometer 71 |
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88 | 88 | | reading for such motor vehicles are under forty thousand 72 |
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89 | 89 | | miles at their first required biennial safety inspection 73 |
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90 | 90 | | conducted under sections 307.350 to 307.390; otherwise such 74 |
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91 | 91 | | motor vehicles shall be subject to the emissions inspection 75 |
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92 | 92 | | requirements of subsection 1 of this section during the same 76 |
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93 | 93 | | period that the biennial safety inspection is conducted; 77 |
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94 | 94 | | (11) Motor vehicles that are driven fewer than twelve 78 |
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95 | 95 | | thousand miles between biennial safety inspections; [and] 79 |
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96 | 96 | | (12) Qualified plug-in electric drive vehicl es. For 80 |
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97 | 97 | | the purposes of this section, "qualified plug -in electric 81 |
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98 | 98 | | drive vehicle" shall mean a plug -in electric drive vehicle 82 SB 200 4 |
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99 | 99 | | that is made by a manufacturer, has not been modified from 83 |
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100 | 100 | | original manufacturer specifications, and can operate solely 84 |
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101 | 101 | | on electric power and is capable of recharging its battery 85 |
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102 | 102 | | from an on-board generation source and an off -board 86 |
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103 | 103 | | electricity source; and 87 |
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104 | 104 | | (13) Motor vehicles over ten years old that are 88 |
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105 | 105 | | registered as local commercial motor vehicles used for farm 89 |
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106 | 106 | | or farming transportation operations, as described in 90 |
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107 | 107 | | section 301.010, or that are otherwise defined as covered 91 |
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108 | 108 | | farm vehicles under federal laws and regulations . 92 |
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109 | 109 | | 3. The commission may, by rule, allow inspection 93 |
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110 | 110 | | reciprocity with other states having equival ent or more 94 |
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111 | 111 | | stringent testing and waiver requirements than those 95 |
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112 | 112 | | established pursuant to sections 643.300 to 643.355. 96 |
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113 | 113 | | 4. (1) At the time of sale, a licensed motor vehicle 97 |
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114 | 114 | | dealer, as defined in section 301.550, may choose to sell a 98 |
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115 | 115 | | motor vehicle subject to the inspection requirements of 99 |
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116 | 116 | | sections 643.300 to 643.355 either: 100 |
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117 | 117 | | (a) With prior inspection and approval as provided in 101 |
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118 | 118 | | subdivision (2) of this subsection; or 102 |
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119 | 119 | | (b) Without prior inspection and approval as provided 103 |
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120 | 120 | | in subdivision (3) of this subsection. 104 |
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121 | 121 | | (2) If the dealer chooses to sell the vehicle with 105 |
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122 | 122 | | prior inspection and approval, the dealer shall disclose, in 106 |
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123 | 123 | | writing, prior to sale, whether the vehicle obtained 107 |
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124 | 124 | | approval by meeting the emissions standards established 108 |
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125 | 125 | | pursuant to sections 643.300 to 643.355 or by obtaining a 109 |
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126 | 126 | | waiver pursuant to section 643.335. A vehicle sold pursuant 110 |
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127 | 127 | | to this subdivision by a licensed motor vehicle dealer shall 111 |
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128 | 128 | | be inspected and approved within the one hundred twenty days 112 |
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129 | 129 | | immediately preceding the date of sale, and, for the purpose 113 SB 200 5 |
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130 | 130 | | of registration of such vehicle, such inspection shall be 114 |
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131 | 131 | | considered timely. 115 |
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132 | 132 | | (3) If the dealer chooses to sell the vehicle without 116 |
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133 | 133 | | prior inspection and approval, the purchaser may return the 117 |
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134 | 134 | | vehicle within ten days of the date of purchase, provided 118 |
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135 | 135 | | that the vehicle has no more than one thousand additional 119 |
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136 | 136 | | miles since the time of sale, if the vehicle fails, upon 120 |
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137 | 137 | | inspection, to meet the emissions standards specified by the 121 |
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138 | 138 | | commission and the dealer shall have the vehicle inspected 122 |
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139 | 139 | | and approved without the option for a waiver of the 123 |
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140 | 140 | | emissions standard and return the vehicle to the purchaser 124 |
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141 | 141 | | with a valid emissions certificate and sticker within five 125 |
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142 | 142 | | working days or the purchaser and dealer may ent er into any 126 |
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143 | 143 | | other mutually acceptable agreement. If the dealer chooses 127 |
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144 | 144 | | to sell the vehicle without prior inspection and approval, 128 |
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145 | 145 | | the dealer shall disclose conspicuously on the sales 129 |
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146 | 146 | | contract and bill of sale that the purchaser has the option 130 |
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147 | 147 | | to return the vehicle within ten days, provided that the 131 |
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148 | 148 | | vehicle has no more than one thousand additional miles since 132 |
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149 | 149 | | the time of sale, to have the dealer repair the vehicle and 133 |
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150 | 150 | | provide an emissions certificate and sticker within five 134 |
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151 | 151 | | working days if the vehi cle fails, upon inspection, to meet 135 |
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152 | 152 | | the emissions standards established by the commission, or 136 |
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153 | 153 | | enter into any mutually acceptable agreement with the 137 |
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154 | 154 | | dealer. A violation of this subdivision shall be an 138 |
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155 | 155 | | unlawful practice as defined in section 407.020. No 139 |
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156 | 156 | | emissions inspection shall be required pursuant to sections 140 |
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157 | 157 | | 643.300 to 643.360 for the sale of any motor vehicle which 141 |
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158 | 158 | | may be sold without a certificate of inspection and 142 |
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159 | 159 | | approval, as provided pursuant to subsection 2 of section 143 |
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160 | 160 | | 307.380. 144 |
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161 | 161 | | |
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