Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.060 - Waivers

Current through May 31, 2024
(a) Any person may seek a waiver from passing
				an I/M program inspection, except that no waiver may be issued to a vehicle
				that is untestable due to a correctable defect, including those listed in
				18 AAC 52.530(d).
				The motorist shall repair a correctable defect before the I/M test will be
				completed. Except as provided in this subsection, the implementing agency or
				its contractor may grant a waiver if the person proves to the implementing
				agency or its contractor that
(1) a certified
				mechanic at a certified station has attempted to repair a failed vehicle, has
				made the repairs required by
				18 AAC 52.065(a) or (b), and the vehicle failed a retest
				performed after completion of the required repairs; a waiver issued under this
				paragraph is valid for one inspection cycle;
(2) the vehicle has a diesel engine; a waiver
				issued under this paragraph is valid until the vehicle is sold or the diesel
				engine is replaced with a non-diesel engine; the motorist need not renew a
				waiver issued under this paragraph, but shall present it to the division of
				motor vehicles when the vehicle is first registered after becoming subject to
				this chapter or if the title to the vehicle is changed; if required by the
				implementing agency under
				18 AAC 52.025(c),
				visual identification of a vehicle with a waiver for a diesel engine issued
				under this paragraph is by windshield sticker as provided in
				18 AAC 52.025(c);
(3) the vehicle qualifies for a seasonal
				waiver; a waiver issued under this paragraph is valid for one inspection cycle;
				the implementing agency may issue a seasonal waiver if the motorist certifies
				in writing that the vehicle will not be operated from November 1 through March
				31 in an I/M area, a nonattainment area, or a maintenance area; the written
				statement must appear on a waiver form that bears a notice to the motorist that
(A) a false statement is punishable by law;
				and
(B) if, between November 1 and
				March 31, the vehicle is either operated or parked on a public right-of-way, on
				public land, or on commercial premises open to the public in an I/M area, a
				nonattainment area, or a maintenance area, the seasonal waiver immediately
				becomes void, and
(i) the implementing agency
				will not approve another seasonal waiver for that vehicle or any other vehicle
				owned by the motorist, except for good cause;
(ii) the motorist may not transfer ownership
				of a vehicle for which the seasonal waiver has become void or operate that
				vehicle after a transfer of the title unless the vehicle has a valid
				certificate of inspection; and
(iii) a subsequent motorist of a vehicle for
				which the seasonal waiver has become void is eligible for a seasonal waiver for
				that vehicle only if the subsequent motorist is not a member of the immediate
				family of and does not live in the same household as the motorist who owned or
				leased the vehicle at the time the vehicle's waiver became void;
(4) special
				circumstances exist that make it impractical to test the vehicle; a waiver
				issued under this paragraph is valid for one inspection cycle;
(5) the vehicle would not be expected to
				achieve emissions reductions after full repair of the vehicle to manufacturer's
				specifications for reasons such as pattern failure; a waiver issued under this
				paragraph is valid for one inspection cycle;
(6) the vehicle has been modified to use only
				compressed natural gas (CNG), methanol, or liquefied petroleum gas, and
(A) no emissions control device, other than
				the thermostatically controlled air cleaner inlet or the evaporative emissions
				control system, has been disconnected or removed from the vehicle;
(B) emissions test data are available
				indicating that the vehicle has an idle and parked throttle air-fuel ratio that
				is not richer than stoichiometric; and
(C) the vehicle is not a dual-fuel vehicle; a
				waiver issued under this paragraph is valid until the vehicle is sold or is
				modified to use other than natural gas, methanol, or liquefied petroleum
				gas;
(7) the vehicle is
				registered in, but not located or operated in, an I/M area, a nonattainment
				area, or a maintenance area; a waiver issued under this paragraph is valid for
				one inspection cycle unless the vehicle returns to an I/M area, a nonattainment
				area, or a maintenance area, at which time the waiver is void, and the vehicle
				must be inspected; to qualify for a waiver under this paragraph, the motorist
				shall submit to the implementing agency
(A) an
				application, signed by the motorist;
(B) adequate proof that the vehicle is
				located or operated outside, and not in, an I/M area, a nonattainment area, or
				a maintenance area; and
(C) a copy
				of a current certificate of inspection issued in the area where the vehicle is
				located or operated, if an inspection is required in that area; a written
				statement must appear on the waiver form that bears a notice to the motorist
				that
(i) a false statement is punishable by
				law; and,
(ii) if the vehicle is
				located or operated in the I/M area, a nonattainment area, or a maintenance
				area after the waiver is issued under this paragraph, the waiver immediately
				becomes void, and the implementing agency will not approve another waiver for
				that motorist under this paragraph; a subsequent owner of a vehicle with a
				waiver voided under this clause shall provide a current certificate of
				inspection to the implementing agency before the vehicle will be eligible for a
				future waiver under this paragraph; and
(8) a certified mechanic has determined as
				part of an I/M test performed under
				18 AAC 52.540(a)
				that the vehicle cannot be repaired because the parts necessary for repair are
				unavailable; a waiver issued under this paragraph is valid for one inspection
				cycle.