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Deciphering state inspection laws on OBD-II


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I may be dumb, but I can't figure out exaclty what this means. This is in reference to me getting my 1996 Legacy Brighton wagon inspected. It's running well except that I always get the OBD code for the emissions system. It's done this since I got the car 1.5 years ago and passed inspection just fine last year. However this year the law is different and it won't pass with the check engine light on. Since I don't exactly have the $1500+ right now to replace that catalytic converter I'm trying to find a way to squeeze by. This is the state law on the OBD inspection. There appears to be an exemption for my model year, but I can't figure out exactly what it means. Does it mean the car will pass as long as no codes come up even if it hasn't run through all of the drive cycles yet? I'm put the parts of concern in bold. If anyone has some experience with this I'd really appreciate the advice! (And yes, I just got a code scanner.)

 

 

Saf-C 3223.03 On-Board Diagnostic System Inspection.

(a) All results of the on-board diagnostic system inspection shall be recorded on form DSMV 532.

 

(B) An inspection of the on-board diagnostic system shall consist of:

 

(1) A determination of whether the MIL is operational;

 

(2) A determination of whether the MIL is illuminated while the engine is running;

 

(3) A determination if the MIL is commanded on or off;

 

(4) If the MIL is commanded on a determination of the diagnostic trouble codes (DTC); and

 

(5) A determination of the readiness status of the OBD II system components.

 

© A vehicle subject to the on-board diagnostic inspection shall be rejected for inspection for the following reasons:

 

(1) The DLC is missing, has been tampered with, or is inoperable;

 

(2) The MIL does not illuminate with the ignition key in the ‘key on, engine off’ position;

 

(3) The MIL is illuminated when the engine is running;

 

(4) The MIL is commanded on for one or more OBDII diagnostic trouble codes; or

 

(5) The MIL is commanded to be illuminated and is not visually illuminated.

 

(d) If a vehicle is rejected for testing, the customer shall be instructed to return after the vehicle has been run under conditions that allow completion of all applicable on-board tests if:

 

(1) A scan of the on-board diagnostic system reveals a “not ready” status for 3 or more monitors on manufacturer’s year 1996 through manufacturer’s year 2000 vehicles, inclusive, or

 

(2) A scan of the on-board diagnostic system reveals a “not ready” status for 2 or more monitors on manufacturer’s year 2001 and newer vehicles.

 

(e) If a vehicle is rejected pursuant to Saf-C 3223.03© or (d) above and the vehicle fails to return for and pass an inspection by the tenth day of the following calendar month, the inspector shall follow the rejection procedure specified in Saf-C 3211. In lieu of rejection form DSMV 27, an inspector shall complete and submit the OBD Inspection Form DSMV 532.

 

Source. (See third Revision Note at chapter heading Saf-C 3200) #7731, eff 7-26-02

 

Saf-C 3223.04 Test Results. The inspection station shall provide the customer with a copy of form DMV 532 or a printed report with the same information as required in form DMV 532, containing the test results, including, but not limited to, the following information if applicable:

 

(a) The OBD II-related diagnostic trouble codes retrieved;

 

(B) The name of the component or system associated with each diagnostic trouble code retrieved; and

 

© Whether the MIL is commanded “ON” or “OFF”.

 

Source. (See third Revision Note at chapter heading Saf-C 3200) #7731, eff 7-26-02

 

Saf-C 3223.05 Exemptions from Rejection Criteria. The following vehicles shall not be rejected for inspection due to “readiness” status as specified in Saf-C 3223.03(d) above:

 

(a) All new vehicles with an odometer reading of less than 1000 miles;

 

(B) The following model year 1996 Chrysler vehicles:

 

(1) Avenger;

 

(2) Sebring/Talon;

 

(3) Cirrus;

 

(4) Intrepid;

 

(5) Concorde;

 

(6) New Yorker;

 

(7) LHS;

 

(8) Vision;

 

(9) Neon;

 

(10) Status; or

 

(11) Breeze;

 

© All models of 1996 Subaru;

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Replace the o2 sensor if your getting a failed cat code. 99% of the time a poor cat performance code is the front o2 sensor.

 

What it says is that if you come in for inspection and the CEL is on, you automatically are rejected for testing ( do not pass go do not enter the shop).

 

Not ready means that there is a communication or other OBDII issue (like sensors missing) your automatically rejected.

 

1996 Subaru and chrysler products listed can be inspected if the CEL is on, due to the CEL coming on for other reasons not related to emissions.

For instance, a bad VSS sensor will illuminate the CEL, but isnt a failed emission part.

 

So replace the front o2 sensor. The fact that you have been passing emissions tells me your cat is fine, but the o2 sensor is whacked.

 

nipper

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First off thanks a lot for the reply. I've actually already spoken with my machanic about replacing the O2 sensor and it's starting to sound like a very good idea. The clarification helps a lot!

 

cheers

 

My 98 Legacy has the check engine light on too.

Basic reason is a motor change to one without an EGR system from a stick car to a car with an automatic.........

Every year I have it down to a science where I clear the codes and run it to get the not ready indicators to go off.

Then I have a narrow window of opportunity where everything is OK to get it through inspection.

Light comes back on for the ride home..........but good for another year.

 

I live in New York...................

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My 98 Legacy has the check engine light on too.

Basic reason is a motor change to one without an EGR system from a stick car to a car with an automatic.........

Every year I have it down to a science where I clear the codes and run it to get the not ready indicators to go off.

Then I have a narrow window of opportunity where everything is OK to get it through inspection.

Light comes back on for the ride home..........but good for another year.

 

I live in New York...................

 

For curiosity's sake, is there any way to tell if the "not ready" indicators are on without the code scanner?

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An OBDII "not ready" status can be caused by someone disconnecting the battery long enough for the ECU to lose its memory, and the car having not been driven enough to complete the necessary cycles.

 

http://endwrench.com/images/pdfs/OBDInfo.pdf

 

The vehicles listed as exempted from rejection due to not being ready are ones that have "issues"; that is, the drive cycle requirements are sometimes difficult to meet. In that case, a particular state can decide to loosen inspection requirements, or mandate that tailpipe emissions be directly measured (rather than depending on OBDII) to verify that the "not ready" status isn't hiding an emissions problem.

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http://www.txdps.state.tx.us/vi/Misc/faq/ready_not.htm

http://www.epa.state.oh.us/dapc/echeck/testing_info/obd_faq.html#notready

 

Are a couple of explinations of not ready.

 

Seems like Subaru does not have a "not ready" issue. Everytime i reset using scantool it seems to become ready rather quickly.

 

I would like to know which one has a "few weeks" to be ready.

First thing that came into my head was ford ... but i am probably wrong.

 

nipper

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[...]Seems like Subaru does not have a "not ready" issue. Everytime i reset using scantool it seems to become ready rather quickly.
There's a problem on the '96 models. On that year's Subaru cars, each time the ignition key is turned off, the readiness monitors are reset. Therefore, if a drive cycle isn't completed during the trip to where the car is tested and the engine left running, the status will be "not ready".

 

Subaru isn't the only one to have that problem with early OBDII firmware, although some companies have reprogrammed replacements to fix it.

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I may be dumb, but I can't figure out exaclty what this means. This is in reference to me getting my 1996 Legacy Brighton wagon inspected. It's running well except that I always get the OBD code for the emissions system. It's done this since I got the car 1.5 years ago and passed inspection just fine last year. However this year the law is different and it won't pass with the check engine light on. Since I don't exactly have the $1500+ right now to replace that catalytic converter I'm trying to find a way to squeeze by. This is the state law on the OBD inspection. There appears to be an exemption for my model year, but I can't figure out exactly what it means. Does it mean the car will pass as long as no codes come up even if it hasn't run through all of the drive cycles yet? I'm put the parts of concern in bold. If anyone has some experience with this I'd really appreciate the advice! (And yes, I just got a code scanner.)

 

(

 

As the others have said, replace your 02 sensors first, but if the converter is indeed shot, and especially since it seems that you're exempt from "readyness" testing, you could install an "02 sensor simulator circuit" on the REAR 02 sensor. This can sometimes be as simple as a diode and a couple of resistors... google 02 sensor simulator and you'll probably come up with a hit or two. It's under $5 in parts. Maybe buy some carbon offset credits to ease your conscience!

Plan B...(for better!) see if you can find a good used converter. It's illegal for junkyards to sell them, but you might be able to find someone who parts out Subarus and has one.

 

Good luck.

Nathan

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[...]I would like to know which one has a "few weeks" to be ready.

First thing that came into my head was ford ... but i am probably wrong.

I'm not sure which would take that many trips, or have other stringent requirements. I did find the following, with a list covering several manufacturers. Notice that they're all from 1996 or just a bit later, the early years of OBDII.

 

http://www.njrec.org/Downloads/OBD_Probs2.pdf

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As the others have said, replace your 02 sensors first, but if the converter is indeed shot, and especially since it seems that you're exempt from "readyness" testing, you could install an "02 sensor simulator circuit" on the REAR 02 sensor. This can sometimes be as simple as a diode and a couple of resistors... google 02 sensor simulator and you'll probably come up with a hit or two. It's under $5 in parts. Maybe buy some carbon offset credits to ease your conscience!

Plan B...(for better!) see if you can find a good used converter. It's illegal for junkyards to sell them, but you might be able to find someone who parts out Subarus and has one.

 

Good luck.

Nathan

Damn, you people are full of good ideas! Why the rear O2 circuit, exactly? (I know very little about emmisions systems if you couldn't tell.)

 

As for my conscience, it's just dandy :) Not only does the car perform to state specs based on the tailpipe emmisions, but I avoid driving my car unless necesarry. I commute by bicycle, carpool and public transit. However it's hard to ski on powder days without your own vehicle. AWD and snow tires help a lot,too!

 

If it passes emission, what about removing the lightbulb before your inspection.

My first guess would be that the inspector will check all of the dashboard lights when the car is first started to make sure they aren't burnt out.

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Alright, here's how NH state inspection works. There's the regular safety inspection, then there is the NHOST plugin. This is a computer hooked up to the DMV that plugs into your OBDII port. The key must be on, and often the car needs to be running. The computer in your car tells the NHOST whether it's commanding the MIL on or not, and why. Pulling the bulb will not trick the inspection computer. The NHOST will fail a car without it's readiness moniters complete. These are self tests that the car's computer runs to check it's systems. The reason it will fail is that these moniters are being used as the emmisions testing. If they aren't complete, it isn't a valid test. Clearing codes also clears the monitors, so even if the check engine light isn't on, it will fail unless put through the driving conditions to pass the monitors.

 

NH uses this system in place of the sniffers that other states use. It's cheaper, and we're all about being cheap in this state.

 

The problem with 95 and 96 subarus is that they don't do their readieness moniters very fast. It often takes months to get it to finish it's own self tests. The NHOST won't fail a subaru if it's readiness moniters aren't complete, that's what the exception is for.

 

Now, if you clear your codes, you will probably be able to drive for a bit before the MIL comes back on. If you get it inspected during this time, you can't be failed for not having completed the monitors. 97 and up subarus will fail though.

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My first guess would be that the inspector will check all of the dashboard lights when the car is first started to make sure they aren't burnt out.

 

Yes thats a reason for automatic rejection. No CEL when the car is turned on.

 

nipper

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Damn, you people are full of good ideas! Why the rear O2 circuit, exactly? (I know very little about emmisions systems if you couldn't tell.)

 

The rear 02 sensor is the one which measures the performance of your catalytic converter (i.e. it is measuiring the output of the catalytic converter.) If you can do the fakeout, you won't have to deal with a catalytic converter CEL again. You don't want to mess with the front 02 sensor circuit as that is the one actually controlling the fuel/air mixture to your engine and must be properly functioning for the car to run well.

 

As for my conscience, it's just dandy :) Not only does the car perform to state specs based on the tailpipe emmisions, but I avoid driving my car unless necesarry. I commute by bicycle, carpool and public transit. However it's hard to ski on powder days without your own vehicle. AWD and snow tires help a lot,too!

 

That's something to be proud of. If you really drive such a low mileage, theres no reason to sweat a less efficient catalytic converter. It's probably still working pretty well, just not well enough...

 

My first guess would be that the inspector will check all of the dashboard lights when the car is first started to make sure they aren't burnt out.

 

Yep, in many states you can fail for a faulty MIL (indicator light) even if the car PASSES the OBD II scan. The theory may be that if an emissions related part on the car fails, how would you know without a functioning light?

 

Nathan

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Alright, here's how NH state inspection works. There's the regular safety inspection, then there is the NHOST plugin. This is a computer hooked up to the DMV that plugs into your OBDII port. The key must be on, and often the car needs to be running. The computer in your car tells the NHOST whether it's commanding the MIL on or not, and why. Pulling the bulb will not trick the inspection computer. The NHOST will fail a car without it's readiness moniters complete. These are self tests that the car's computer runs to check it's systems. The reason it will fail is that these moniters are being used as the emmisions testing. If they aren't complete, it isn't a valid test. Clearing codes also clears the monitors, so even if the check engine light isn't on, it will fail unless put through the driving conditions to pass the monitors.

 

NH uses this system in place of the sniffers that other states use. It's cheaper, and we're all about being cheap in this state.

 

The problem with 95 and 96 subarus is that they don't do their readieness moniters very fast. It often takes months to get it to finish it's own self tests. The NHOST won't fail a subaru if it's readiness moniters aren't complete, that's what the exception is for.

 

Now, if you clear your codes, you will probably be able to drive for a bit before the MIL comes back on. If you get it inspected during this time, you can't be failed for not having completed the monitors. 97 and up subarus will fail though.

 

I never thought I would recieve such an unbeleivably specific response. Thank you! Also, this doesn't matter really but I'm curious as to what are the "sniffers that other states use."

 

And good observation about the cheapness factor. I'm no liberatarian but I'm about as cheap as they come.

 

Thanks again to everyone for the interesting and helpful advice!

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  • 6 months later...

I just thought that I'd add a follow up since everybody game me such good advice. I ended up replacing the front O2 sensor and that fixed all of my CEL issues. So to everyone who made that call, you win! Well, actually, I win :) Thanks again.

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I never thought I would recieve such an unbeleivably specific response. Thank you! Also, this doesn't matter really but I'm curious as to what are the "sniffers that other states use."

 

And good observation about the cheapness factor. I'm no liberatarian but I'm about as cheap as they come.

 

Thanks again to everyone for the interesting and helpful advice!

 

In NY there are two tests. there is the standard dyno test. All AWD vehicals (with the EPA's blessing on which ones) are exempt from dyno testing here, so we get the sniffer at idle and again at 2500 rpm. They do the saftey test first, then emissions. There is a special sticker if the car passes saftey, and fails emissions when 400.00 will not repair the car. But that requires three attempts to solve the problem and a visit to the DMV.

 

nipper

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I hate to complicate this any further, but I have to clarify Nipper's responce. NY, in all its wisdom, has 2 seperate emission programs. One for 'downstate' (NYC and surrounding counties), and another for the rest of the state. Nipper refers to the downstate tests, and Im sure he is more familier than I with that program. Up 'here' and anywhere else in the state outside the NYC metro area, we have a system that sounds just like NH's. No dyno for anything, AWD or not. Its simply plugged into the NYVIP computer which reads the codes and readiness monitors, and also 'knows' if the CEL should be on. Any codes which should light the CEL (if its actually ON or not, and more than one monitor not set (actually 2 can be open, 96-99) and it fails inspection. Its a aggravating thing for everyone, including myself as a NYS inspector, who has to try and explain the bulls**t to a lot of unhappy car owners.

 

Incidently, I have had no problems re-setting monitors on my 96 Outback, its WAY, WAY easier than any 96 or 97 Nissan. They are a royal pain in the a**, and since they passed NY inspection for years before this program started, it makes for a lot of bad feelings with their owners. I plan on keeping my '95 Nissan truck for as long as I can, just because it will never be plugged into that damn NYVIP machine! LOL!

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I hate to complicate this any further, but I have to clarify Nipper's responce. NY, in all its wisdom, has 2 seperate emission programs. One for 'downstate' (NYC and surrounding counties), and another for the rest of the state. Nipper refers to the downstate tests, and Im sure he is more familier than I with that program. Up 'here' and anywhere else in the state outside the NYC metro area, we have a system that sounds just like NH's. No dyno for anything, AWD or not. Its simply plugged into the NYVIP computer which reads the codes and readiness monitors, and also 'knows' if the CEL should be on. Any codes which should light the CEL (if its actually ON or not, and more than one monitor not set (actually 2 can be open, 96-99) and it fails inspection. Its a aggravating thing for everyone, including myself as a NYS inspector, who has to try and explain the bulls**t to a lot of unhappy car owners.

 

Incidently, I have had no problems re-setting monitors on my 96 Outback, its WAY, WAY easier than any 96 or 97 Nissan. They are a royal pain in the a**, and since they passed NY inspection for years before this program started, it makes for a lot of bad feelings with their owners. I plan on keeping my '95 Nissan truck for as long as I can, just because it will never be plugged into that damn NYVIP machine! LOL!

 

Ah i thought we switched to one system. Maybe time to move upstate :). We also get plugged into the big 'puter.

 

nipper

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Yes Ny has different tests for different areas. All the requirements are up on their Web site.

 

I think all areas are subject to the 'enhanced test' which includes ODBII emissions passing (not necessarily including a sniff test). My area (Buffalo, NY, as are most areas outside the main NYC area) get that test.

 

NYC and nearby outliers and such areas as Westchester I think get the high enhanced emissions test which includes at least tail pipe sniff testing, and possibly even dyno testing.

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