Current through Reg. 50, No. 13; March 28, 2025
(a) The following exemptions apply to
specified motor vehicles or motor vehicle engines.
(1) Motor vehicles or motor vehicle engines
which are intended solely or primarily for legally sanctioned motor
competitions, for research and development uses, or for instruction in a bona
fide vocational training program where the use of a system or device would be
detrimental to the purpose for which the vehicle or engine is intended to be
used are exempt from the provisions of §
114.20(a), (b), and
(d) of this title (relating to Maintenance
and Operation of Air Pollution Control Systems or Devices Used to Control
Emissions from Motor Vehicles).
(2)
Motor vehicles or motor vehicle engines intended solely or primarily for
research and development uses, or for instruction in a bona fide vocational
training program where the introduction of leaded gasoline or the circumvention
of an emission control system or device is necessary for the intended purposes
of the program are exempt from the provisions of §
114.20(e) of
this title.
(b) Vehicles
belonging to members of the United States Department of Defense (DoD)
participating in the DoD Privately Owned Vehicle Import Control Program or
other persons being transferred to a foreign country are exempt from the
provisions of §
114.20(a), (b), and
(d) of this title if the following conditions
are met.
(1) Only the catalytic converter,
oxygen sensor, and/or the fuel filler inlet restrictor are removed from the
vehicle.
(2) The vehicle is
delivered to the appropriate port for overseas shipment within 30 days after
the emission control device(s) is removed.
(3) If the vehicle is returned to the United
States, all systems or devices used to control emissions from the vehicle are
restored to good operable condition within 30 days of pick-up of the vehicle
from the appropriate port of importation.
(4) Documentation must be kept with the
vehicle at all times while the vehicle is operated in Texas that provides
sufficient information to demonstrate compliance with all appropriate
qualifications and conditions of this exemption, including the following:
(A) the unique vehicle identification number
(VIN) of the subject vehicle;
(B)
the agency, company, or organization that employs the owner of the subject
vehicle;
(C) the country to which
the owner of the subject vehicle is being transferred;
(D) the dates when applicable alterations
were performed on the subject vehicle;
(E) the date when the subject vehicle is
scheduled to be delivered to the appropriate port for shipment out of the
United States; and
(F) the date
when the subject vehicle is picked up from the port of importation upon
returning to the United States.
(c) Motor vehicles are exempt from the
provisions of §
114.20(a), (b), and
(d) of this title if the following conditions
apply:
(1) the motor vehicles are registered
as farm vehicles with the Vehicle Titles and Registration Division of the Texas
Department of Motor Vehicles, are intended solely or primarily for use on a
farm or ranch, and their air pollution control devices or systems were removed
or made inoperable prior to June 1, 2000; or
(2) the motor vehicles were granted an
exemption from the provisions of §
114.20(a) and (b)
of this title by the commission or its predecessor agency prior to June 1,
2000.
(A) A copy of the exemption must be
kept with the vehicle at all times and available for inspection by
representatives of the commission, the Texas Department of Public Safety (DPS),
or any other law enforcement agency upon request. The approved exclusion must
also be presented to the certified vehicle inspector before each annual vehicle
safety inspection of the vehicle as administered by the DPS.
(B) The exemption must be void and all
pollution control systems and devices replaced on the vehicle and/or engine
covered by the exclusion when the vehicle changes ownership or is no longer
used for the purpose identified in the exclusion application. The executive
director shall be informed in writing prior to the change of ownership or
usage.
(d)
The following vehicle transactions involving a "dealer" as defined in Texas
Transportation Code, §
503.001, are
exempt from the requirements of §
114.20(c) of
this title:
(1) sales or transfers from one
dealer to another; and
(2) sales,
transfers, or trade-ins from an individual to a dealer.
(e) Federal, state, and local agencies or
their agents that sell abandoned, confiscated, or seized vehicles and any
commercial vehicle auction facilities are exempt from the provisions of §
114.20(c) of
this title if the following conditions are met.
(1) Before the single sticker transition date
as defined in §
114.1 of this title (relating to
Definitions), the DPS motor vehicle safety inspection certificates must be
removed from the vehicle and destroyed before the vehicle may be offered for
sale or displayed for public examination. Beginning on the single sticker
transition date, the Texas Department of Motor Vehicles (DMV) vehicle
registration insignia sticker must be removed from the vehicle and destroyed
before the vehicle may be offered for sale or displayed for public
examination.
(2) All potential
buyers of the vehicle must be informed that deficiencies may be present in the
vehicle pollution control systems on the vehicle. The buyer must also be
informed of the liabilities to the buyer under §
114.20 of this title and §
114.50 of this title (relating to
Vehicle Emissions Inspection Requirements) of operating the vehicle prior to
the adequate restoration of all pollution control systems or devices on the
vehicle as originally equipped. The seller of the vehicle shall provide to the
buyer a written acknowledgment of the receipt of this information which must be
signed by the buyer prior to completion of the sales transaction. The seller
shall retain a copy of this signed acknowledgment for two years and shall make
it available, upon request.
(f) Before the single sticker transition date
as defined in §
114.1 of this title, the owner of
a motor vehicle that has been totally disabled by accident, age, or malfunction
and will no longer be operated is exempt from the provisions of §
114.20(c) of
this title if the DPS motor vehicle safety inspection certificate is removed
and destroyed before the vehicle is offered for sale or displayed for public
examination. Beginning on the single sticker transition date, the owner of a
motor vehicle that has been totally disabled by accident, age, or malfunction
and will no longer be operated is exempt from the provisions of §
114.20(c) of
this title if the DMV vehicle registration insignia sticker is removed and
destroyed before the vehicle is offered for sale or displayed for public
examination.
