| (B) satisfy all inspection, extension, or waiver requirements
of the vehicle emissions I/M program specified in 37 TAC Chapter 23,
Subchapter E (relating to Vehicle Emissions Inspection and Maintenance
Program).
(7) A subject vehicle registered in a county without
an I/M program that meets the applicability criteria of subsection
(a) of this section and the ownership of which has changed through
a retail sale as defined by Texas Occupations Code, §2301.002,
is not eligible for title receipt or registration in a county with
an I/M program unless proof is presented that the vehicle has passed
an approved vehicle emissions inspection within 90 days before the
title transfer. The evidence of proof required may be in the form
of the vehicle inspection report (VIR) or another proof of the program
compliance as authorized by the DPS. All 1996 and newer model year
vehicles with less than 50,000 miles are exempt from the test-on-resale
requirements of this paragraph.
(8) State, governmental, and quasi-governmental agencies
that fall outside the normal registration or inspection process must
comply with all vehicle emissions I/M requirements for vehicles primarily
operated in I/M program areas.
(c) Waivers and extensions. A motorist may apply to
the DPS for a waiver or an extension as specified in 37 TAC Chapter
23, Subchapter E, which defers the need for full compliance with vehicle
emissions standards for a specified period of time after failing a
vehicle emissions inspection.
(d) Prohibitions.
(1) No person may issue or allow the issuance of a
VIR, as authorized by the DPS unless all applicable air pollution
emissions control-related requirements of the annual vehicle safety
inspection and the vehicle emissions I/M requirements are completely
and properly performed in accordance with the rules and regulations
adopted by the DPS and the commission. Prior to taking any enforcement
action regarding this provision, the commission must consult with
the DPS.
(2) Before the single sticker transition date as defined
in §114.1 of this title, no person may allow or participate in
the preparation, duplication, sale, distribution, or use of false,
counterfeit, or stolen safety inspection certificates, VIRs, VRFs,
vehicle emissions repair documentation, or other documents that may
be used to circumvent applicable vehicle emissions I/M requirements
and to commit an offense specified in Texas Transportation Code, §548.603
(concerning Fictitious or Counterfeit Inspection Certificate or Insurance
Document). Beginning on the single sticker transition date, no person
may allow or participate in the preparation, duplication, sale, distribution,
or use of false, counterfeit, or stolen vehicle registration insignia
stickers, VIRs, VRFs, vehicle emissions repair documentation, or other
documents that may be used to circumvent applicable vehicle emissions
I/M requirements and to commit an offense specified in Texas Transportation
Code, §548.603.
(3) No organization, business, person, or other entity
may represent itself as an emissions inspector certified by the DPS
unless such certification has been issued under the certification
requirements and procedures contained in Texas Transportation Code, §§548.401
- 548.404.
(4) No person may act as or offer to perform services
as a Recognized Emissions Repair Technician of Texas, as designated
by the DPS, without first obtaining and maintaining DPS recognition.
|
| Source Note: The provisions of this §114.50 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective May 11, 2000, 25 TexReg 4009; amended to be effective January 18, 2001, 26 TexReg 361; amended to be effective November 20, 2001, 26 TexReg 9386; amended to be effective December 26, 2002, 27 TexReg 11996; amended to be effective October 30, 2003, 28 TexReg 9283; amended to be effective October 7, 2004, 29 TexReg9374; amended to be effective November 17, 2005, 30 TexReg 7478; amended to be effective March 6, 2014, 39 TexReg 1400; amended to be effective April 21, 2022, 47 TexReg 2013; amended to be effective December 21, 2023, 48 TexReg 7574 |
