Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Commissioner of Motor Vehicles, or License and Theft Bureau employees who are
designated by the Commissioner, shall issue a written waiver from the
applicable emissions test standards for any vehicle, except vehicles listed in
Paragraph (g) of this Rule, if the waiver issuance criteria have been
met.
(b) A written waiver shall be
issued in accordance with this Rule upon request when all of the following
criteria have been met:
(1) the vehicle passed
the safety portion of the inspection as shown by the vehicle inspection receipt
completed by the licensed inspection station that performed the
inspection;
(2) the vehicle failed
the emissions portion of the inspection as shown by the vehicle inspection
receipt completed by the licensed inspection station that performed the
inspection;
(3) the vehicle is
equipped with each emissions control device listed in Rule .0543 of this
Section, if such device was equipped on the vehicle by the manufacturer. If the
unleaded gas restrictor has been removed or rendered inoperable, the catalytic
converter must be replaced;
(4)
qualifying repairs have been completed on the vehicle within 60 days following
the initial failed emissions inspection. Proof of repairs must be shown by
itemized and dated receipts from the person or business that provided the
repair service or parts. Receipts for parts shall name the part and the stock
number. For purposes of this Rule, "qualifying repairs" means repairs performed
on a vehicle for the purpose of repairing the cause of the emissions inspection
failure. A visual inspection of the vehicle shall be made by the designated
License and Theft Bureau employee to determine if repairs were actually
performed if, given the nature of the repair, this can be visually confirmed.
For 1996 and later model year vehicles, qualifying repairs must be performed by
a person who is professionally engaged in vehicle repairs or who is employed by
a business whose purpose is vehicle repair or who possesses a certification
from the National Institute For Automotive Service Excellence for
emission-related diagnosis and repair;
(5) the minimum repair expenditure applicable
to the vehicle has been met by having qualifying repairs performed on the
vehicle as follows:
(A) Only the costs of
parts are applied toward the minimum repair expenditure, if the repairs are
performed by the vehicle owner or by a person who is not professionally engaged
in vehicle repairs. In addition, those who are not employed by a business whose
purpose is vehicle repair or who does not possess a certification from the
National Institute For Automotive Service Excellence for emission-related
diagnosis and repair;
(B) For 1996
and later model year vehicles, the minimum repair expenditure is two hundred
dollars ($200.00), including parts and labor costs;
(C) The cost of repairs to correct or replace
emissions control devices that have been removed, disconnected, or rendered
inoperable shall not be applied toward the minimum repair expenditure for any
vehicle, regardless of model year.
(D) The cost of diagnostic testing to
determine whether the vehicle meets emissions standards shall not be applied
toward the minimum repair expenditure unless associated with actual repairs to
the vehicle; and
(E) Any available
warranty coverage on the vehicle must be used to obtain the needed repairs
before expenditures may be applied to the minimum repair expenditure.
(6) the vehicle owner has received
a written denial of warranty coverage from the vehicle manufacturer or
authorized dealer if the vehicle is within the statutory age and mileage
coverage under section 207(b) of the Federal Clean Air Act 42-U.S.C. 7541(b);
and
(7) after qualifying repairs
have been completed and within 60 days after failing the initial emissions
inspection, the vehicle failed another emissions inspection as shown by the
vehicle inspection receipt completed by the licensed inspection station that
performed the inspection.
(c) The vehicle owner or person authorized by
the owner must request the waiver and present the vehicle and current
registration at the License and Theft Bureau office. The receipts and other
documents required by Paragraph (b) of this Rule must be submitted to the
designated License and Theft Bureau employee at the time of the request for a
waiver.
(d) The designated License
and Theft Bureau employee shall review the receipts and documents submitted in
connection with the waiver request and shall make a visual inspection of the
vehicle to verify that the criteria listed in Paragraph (b) of this Rule have
been met. If the License and Theft Bureau employee is satisfied that the waiver
criteria have been met, the Division must issue a written waiver for the
vehicle on a form provided by the Division.
(e) The vehicle owner or person authorized by
the owner must present the waiver to the licensed self-inspector or inspection
station that performed the initial safety and emissions inspection. The
inspection station shall reinspect the vehicle in accordance with the Rules of
this Section, except for the emissions portion of the inspection. The waiver
authorization number shown on the written waiver must be entered into the
emissions analyzer. If the vehicle meets all other requirements of the
inspection, the inspection station shall pass the vehicle inspection.
(f) Each inspection station must maintain a
copy of the written waivers for vehicles inspected and approved by the station
for at least 18 months in the same manner and under the same conditions as
other inspection records which are required to be maintained pursuant to
G.S.
20-183.6A(b).
(g) Waivers shall not be issued for vehicles
that are owned, operated, or leased by a licensed self inspector.
