§ 20-183.5. When a vehicle that fails an emissions inspection may obtain a waiver from the inspection requirement.
§ 20‑183.5. When avehicle that fails an emissions inspection may obtain a waiver from theinspection requirement.
(a) Requirements. TheDivision may issue a waiver for a vehicle, excluding a vehicle owned or beingheld for retail sale by a motor vehicle dealer, that meets all of the followingrequirements:
(1) Fails an emissionsinspection because it passes the visual inspection but fails the analysis ofdata provided by the on‑board diagnostic (OBD) equipment.
(2) Has documentedrepairs costing at least the waiver amount made to the vehicle to correct thecause of the failure. The waiver amount is two hundred dollars ($200.00).
(3) Is reinspected andagain fails the inspection because it passes the visual inspection but failsthe analysis of data provided by the on‑board diagnostic (OBD) equipment.
(4) Meets any otherwaiver criteria required by 40 C.F.R. § 51.360, or as designated by theDivision.
(b) Procedure. Toobtain a waiver, a person must contact a local enforcement office of theDivision. Before issuing a waiver, an employee of the Division must review theinspection receipts issued for the inspections of the vehicle, review thedocuments establishing what repairs were made to the vehicle and at what cost,review any statement denying warranty coverage of the repairs made, and do avisual inspection of the vehicle, if appropriate, to determine if thedocumented repairs were made. The Division must issue a waiver if it determinesthat the vehicle qualifies for a waiver. A person to whom a waiver is issuedmust present the waiver to the self‑inspector or inspection stationperforming the inspection to obtain an electronic inspection authorization.
(c) Repairs. Thefollowing repairs and their costs cannot be considered in determining whetherthe cost of repairs made to a vehicle equals or exceeds the waiver amount:
(1) Repairs covered by awarranty that applies to the vehicle.
(2) Repairs needed as aresult of tampering with an emission control device of the vehicle.
(3) Repairs made by anindividual who is not professionally engaged in the business of repairingvehicles.
(4) OBD diagnosticswithout corresponding repairs.
(d) ElectronicInspection Authorization. An electronic inspection authorization issued to avehicle after the vehicle receives a waiver from the requirement of passing theemissions inspection expires at the same time it would if the vehicle hadpassed the emissions inspection. (1965, c. 734, s. 1; 1993 (Reg. Sess., 1994), c. 754,s. 1; 2000‑134, ss. 16, 17; 2007‑503, s. 7.)