Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 164c - Periodic Motor Vehicle Emissions Inspection and Maintenance › Section 14-164c-11a - Waivers

Current through July 10, 2024
(a) A waiver shall be issued only after a
			 vehicle has failed a reinspection performed after all qualifying repairs have
			 been completed, and evidence satisfactory to the commissioner is presented that
			 an unreasonable cost of repair, as defined in subsection (b) of this section,
			 is required to bring the vehicle into compliance as provided in subsection (d)
			 of section
			 14-164c
			 of the Connecticut General Statutes. A waiver also may be issued in a
			 demonstrated case of economic hardship as authorized by
			 40 CFR section
			 51.360.
(b) For all vehicles that are subject to this
			 state's enhanced vehicle emissions inspection program, an unreasonable cost of
			 repair, in accordance with subsection (d) of section
			 14-164c
			 of the Connecticut General Statutes, shall be an actual expenditure for
			 emissions-related repairs of a minimum of six hundred and sixty dollars
			 ($660.00). The amount stated shall be adjusted in January of each year by the
			 percentage, if any, by which the consumer price index for the preceding
			 calendar year differs from the consumer price index of 1989, as determined by
			 the Emissions Planning and Strategies Division of the EPA. The amount required
			 to be expended for emissions-related repairs during the current calendar year
			 in order to qualify for a waiver shall be posted in plain view at each
			 emissions inspection facility.
(c)
			 All expenditures made pursuant to subsection (b) of this section for vehicles
			 that are subject to this state's enhanced vehicle emissions inspection program
			 shall be for actual vehicle repairs made after available emissions related
			 warranty coverage or written denial of such warranty coverage by the vehicle
			 manufacturer. All such repairs for vehicles that are subject to this state's
			 emissions program shall be made by a repairer licensed by the commissioner
			 pursuant to chapter 246 of the Connecticut General Statutes. Such repairer
			 shall be registered and shall have one or more certified repair technicians in
			 its employ recognized by the commissioner as qualified to perform emissions
			 repairs, in accordance with section 14-164c-14 a and 14-164c-15a of the
			 Regulations of Connecticut State Agencies. A list of such repairers employing
			 such certified technicians shall be made available without charge at all
			 branches of the department and all emissions inspection facilities. Repairs
			 performed by the vehicle owner or operator, or a person not certified by the
			 commissioner, shall not be included as expenditures. Repairs required because
			 of tampering with the air pollution control system or any emissions related
			 mechanism shall not be included as expenditures and waivers shall not be issued
			 to vehicles for tamper-related repairs. Repair estimates shall not be
			 considered for purposes of obtaining a waiver.
(d) Notwithstanding the provisions of
			 subsections (a), (b) and (c) of this section, the commissioner may determine
			 compliance of a vehicle that has failed an emissions inspection by means of a
			 complete, documented physical and functional diagnosis and inspection of the
			 vehicle, in accordance with the diagnostic failure provisions of
			 40 CFR section
			 51.360, showing that no additional
			 emissions-related repairs are necessary.
(e) Any owner of a motor vehicle requesting a
			 waiver under this section shall make a formal application on such form as the
			 commissioner shall prescribe.
(f)
			 Vehicles meeting the waiver requirements of this section may be issued a waiver
			 sticker. Any motor vehicle that has been granted a waiver shall be deemed in
			 compliance with emissions standards and may be operated on the highways of this
			 state. No waiver shall be granted except by the Department of Motor
			 Vehicles.
(g) No waiver sticker
			 shall be issued for any vehicle, which fails an inspection by reason of
			 non-compliance with section 14-164c-4 a of the Regulations of Connecticut State
			 Agencies.