| (a) The department may issue an emissions testing waiver
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 waiver. An emissions testing
waiver 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 waiver.
(b) Qualified emissions related repairs are those repairs
to emissions control components, including diagnosis, parts and labor,
which count toward a low mileage waiver or individual vehicle waiver.
To be considered qualified emissions related repairs, the repairs:
(1) must be directly applicable to the cause for the
emissions test failure;
(2) must be performed after the initial emissions test
or have been performed within 60 days prior to the initial emissions
test;
(3) must not be tampering related repairs;
(4) must not be covered by any available warranty coverage
unless the warranty remedy has been denied in writing by the manufacturer
or authorized dealer; and
(5) must be performed by a recognized emissions repair
technician of Texas at a recognized emissions repair facility of Texas
to include the labor cost and/or diagnostic costs. If repairs are
not performed by a recognized emissions repair technician of Texas
at a recognized emissions repair facility of Texas, only the purchase
price of parts applicable to the emissions test failure qualify as
a repair expenditure for the low mileage waiver or individual vehicle
waiver.
(c) Low mileage waiver.
(1) A vehicle may be eligible for a low mileage waiver
provided it:
(A) has failed both its initial emissions inspection
and retest;
(B) has incurred qualified emissions-related repairs,
as defined in paragraph (2) of this subsection, costing $100 or more;
(C) has been driven less than 5,000 miles in the previous
inspection cycle; and
(D) is reasonably expected to be driven fewer than
5,000 miles before the next inspection is required.
(2) The requirements listed in subparagraphs (A) -
(C) of this paragraph must be met to receive a low mileage waiver:
(A) The vehicle must pass a visual inspection performed
by a department representative to ensure the emissions repairs claimed
have actually been performed.
(B) The diagnosis, parts, and labor receipts for the
qualified emissions related repairs must be presented to the department
and support that the emissions repairs claimed have actually been
performed.
(C) The valid retest vehicle inspection report and
valid vehicle repair form for the applicant vehicle must be presented
to the department. If labor and/or diagnostic charges are being claimed
towards the low mileage waiver amount, the vehicle repair form shall
be completed by a recognized emissions repair technician of Texas.
(d) Individual vehicle waiver.
(1) If a vehicle has failed an emissions test required
by the vehicle emissions I/M program, an applicant may petition the
designated representative of the department for an individual vehicle
waiver in order for the vehicle to receive a state vehicle inspection
report. The applicant must demonstrate that all reasonable measures,
such as diagnostics, repairs, or installation of replacement parts,
have been implemented, but have failed to bring the vehicle into compliance
with the program. The department will review the measures taken by
the applicant to ensure they have been performed, further measures
would be economically unfeasible during this inspection cycle and
a waiver will result in a minimal impact on air quality. A vehicle
may be eligible for an individual vehicle waiver provided:
(A) It failed both the initial emissions inspection
and retest.
(B) The motorist has incurred qualified emissions related
repairs, equal to or in excess of the maximum reasonable repair expenditure
amounts, as defined in this section for the county in which the vehicle
is registered.
(2) The applicable maximum reasonable repair expenditure
amounts are:
(A) in affected counties, except El Paso county--$600;
and
(B) in El Paso county--$450.
(3) The individual vehicle waiver shall be valid through
the end of the twelfth month from the date of issuance. Motorists
must apply for the individual vehicle waiver each testing cycle.
(4) The conditions listed in subparagraphs (A) - (C)
of this paragraph must be met to receive an individual vehicle waiver:
(A) The vehicle must pass a visual inspection performed
by a department representative to ensure the emissions repairs being
claimed have actually been performed.
(B) The diagnosis, parts, and labor receipts for the
qualified emissions related repairs must be presented to the department
and support that the emissions repairs being claimed have been performed.
(C) The valid retest vehicle inspection report and
valid vehicle repair form for the applicant vehicle must be presented
to the department. If labor and/or diagnostic charges are being claimed
towards the individual vehicle waiver, the vehicle repair form shall
be completed by a recognized emissions repair technician of Texas.
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