| (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.
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| Source Note: The provisions of this §114.21 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective April 27, 2000, 25 TexReg 3533; amended to be effective May 22, 2003, 28 TexReg 3972; amended to be effective March 6, 2014, 39 TexReg 1400 |
