The Vermont Periodic Inspection Manual (VPIM) inspection criteria say this would be a failure. After careful consideration by the Enforcement and Safety Division, Vermont Department of Motor Vehicles, it has been determined that the vehicle should pass provided the following is true -
If the vehicle is manufactured in this manner, has a properly affixed Vehicle Emission Control Information (VECI) label, and has not been altered by the customer, it should pass inspection. The properly affixed VECI label means the vehicle meets Environmental Protection Agency (EPA) and Federal Motor Vehicle Safety Standards (FMVSS) and U.S. federal vehicle regulations specifying design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety-related components, systems, and design features.
If an inspection mechanic is concerned about the vehicle, they should contact their regional inspector.