posted March 10, 2005
Clerks in area counties are being warned that some Hamilton County residents may try to go to their counties to avoid vehicle emissions checks that start April 1.
Vicki Lowe of the state Department of Energy and Conservation wrote a letter to area county clerks.
She said, "The Department of Environment and Conservation, Division of Air Pollution Control wants to make your office aware of the vehicle emission testing program that will begin in neighboring Hamilton County on April 1, 2005.
"Our office predicts that some Hamilton County motorists may attempt to register in your county to avoid the new emissions test requirements. Of course, this is not acceptable and is prohibited by state law. I have included copies of the regulations and noted below the two applicable laws in case a motorist should request proof:
"TCA 55-4-101(c) states, “application for registration shall be made to the County Clerk of the county of the owner’s residence or of county wherein the vehicle is based or is to be operated.”
"TCA 55-4-104 (d)(2) states, “The commissioner [or County Clerk as Deputy Commissioner] shall not issue a registration renewal for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.”
"In the event a Hamilton County resident attempts to register a vehicle in your jurisdiction, they should simply be referred back to their county of residence for compliance with state law.
"I have also enclosed a fact sheet that provides some general information about the Hamilton County vehicle testing program for your information. Your cooperation is very much appreciated, and I hope you find this information beneficial. If you have questions, do not hesitate to call me at (615) 532-6811.
Sincerely,
Vicki Lowe
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