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RULE §23.53Time Extensions

(a) The department may issue a time extension to any vehicle that passes all requirements of the standard safety inspection portion of the annual vehicle safety inspection and meets the established criteria for a particular time extension. A time extension defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the parts availability time extension. The motorist may apply every other testing cycle for the low income time extension.

(b) Low income time extension.

  (1) The applicant must provide proof in writing, in a form approved by the department, that:

    (A) The vehicle failed the initial emissions inspection test; proof shall be in the form of the original failed vehicle inspection report.

    (B) The vehicle has not been granted a low income time extension in the previous testing cycle.

    (C) The applicant is the owner of the vehicle that is the subject of the low income time extension.

    (D) The applicant receives financial assistance from the Texas Health and Human Services Commission or the Texas Department of Aging and Disability Services due to indigence or the applicant's adjusted gross income (if the applicant is married, the applicant's adjusted gross income is equal to the applicant's adjusted gross income plus the applicant's spouse's adjusted gross income) is at or below the current federal poverty level as published by the United States Department of Health and Human Services, Office of the Secretary, in the Federal Register; proof shall be in the form of a federal income tax return or other documentation approved by the department that the applicant certifies as true and correct.

  (2) After a vehicle receives an initial low income time extension, the vehicle must pass an emissions test prior to receiving another low income time extension.

(c) Parts availability time extension.

  (1) The applicant must demonstrate to the department that:

    (A) Reasonable attempts were made to locate necessary emissions control parts by retail or wholesale parts suppliers.

    (B) Emissions related repairs cannot be completed before the expiration of the registration, or before the 30 day period following an out of cycle inspection because the repairs require an uncommon part.

  (2) The applicant shall provide to the department:

    (A) an original vehicle inspection report indicating the vehicle failed the emissions test; and

    (B) an invoice, receipt, or original itemized document indicating the uncommon part(s) ordered by: name; description; catalog number; order number; source of part(s), including name, address, and phone number of parts distributor; and expected delivery and installation date(s). The original itemized document must be prepared by a recognized emissions repair technician of Texas before a parts availability time extension can be issued.

  (3) A parts availability time extension is not allowed for tampering related repairs.

  (4) If the vehicle does not pass an emissions retest prior to the expiration of the parts availability time extension, the applicant must provide to the department adequate documentation that one of the conditions listed in subparagraph (A) or (B) of this paragraph exists:

    (A) the motorist qualifies for a low mileage waiver, low income time extension or individual vehicle waiver; or

    (B) the motor vehicle will no longer be operated in the affected county.

  (5) A vehicle that receives a parts availability time extension in one testing cycle must have the vehicle repaired and retested prior to the expiration of such extension, or must qualify for another type of waiver or time extension to be eligible for a parts availability time extension in the subsequent testing cycle.

  (6) The length of a parts availability time extension shall depend upon expected delivery and installation date(s) of the uncommon part(s) as determined by the department representative on a case by case basis. Parts availability time extensions will be issued for either 30, 60, or 90 days.

Source Note: The provisions of this §23.53 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261

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