Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 13 - MOTOR VEHICLE EMISSION AND FUEL STANDARDS › Rule 1.1 - Motor Vehicle Inspection and Maintenance Requirements › Section 1.1-10 - Waivers and compliance through diagnostic inspection

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 10.
(a) A waiver
				of the requirement that a motor vehicle obtain a certificate of compliance may
				be issued only under the following conditions:
(1) A waiver shall be issued only after a
				vehicle has failed a retest performed after all emission-related repairs as
				described in subdivisions (3) through (5) have been completed. Vehicles that
				are subject to an emissions recall but have not had recall repairs shall not be
				eligible for a waiver until the repairs have been made.
(2) Waivers shall not be issued to vehicles
				for tampering-related repairs. The cost of tampering-related repairs shall not
				be applicable to the minimum expenditure in subdivision (5). The department may
				issue exemptions for tampering-related repairs if the motorist can verify that
				the part in question or one similar to it is no longer available for
				sale.
(3) Repairs shall be
				appropriate to the cause of the test failure, and a visual check shall be made
				at the time of retest to determine if repairs were actually made. Receipts
				shall be submitted for review at the test site to further verify that
				qualifying repairs were performed.
(4) Repairs shall be performed at a certified
				I/M emission repair facility. A certified I/M emission repair facility shall
				meet the following criteria:
(A) Employ at
				least one (1) certified I/M emission repair technician as defined in this
				rule.
(B) For all I/M emission
				testing, possess the following:
(i) Reference
				material.
(ii) Digital
				multimeter.
(iii) Vacuum and fuel
				pressure testing equipment.
(iv)
				Carbon/fuel injection cleaning equipment.
(v) Ignition scope with distributorless
				ignition (DIS) capability.
(vi) 2,
				3, 4, or 5 gas analyzer.
(vii) Scan
				tool.
(viii) Digital storage
				oscilloscope (DSO).
(ix) OBDII scan
				tool.
The department may suspend, revoke, or deny renewal of a
				  certification of a certified I/M emission repair facility if the facility fails
				  to adhere to program requirements.
(5) In order to qualify for a waiver, repairs
				shall be performed by a certified I/M emission repair technician who:
(A) is certified and maintains current
				certification as an ASE L1 (Advanced Engine Performance) technician;
(B) has successfully completed the department
				approved emission and driveability training program;
(C) is professionally engaged in
				emission/driveability repair; and
(D) is employed at a certified I/M emission
				repair facility.
The department may suspend, revoke, or deny renewal of a
				  certification of a certified I/M emission repair technician if the technician
				  fails to adhere to program requirements.
(6) Repairs appropriate to the reason for the
				failure may be performed by nontechnicians, such as owners, to apply toward the
				waiver limit for model year vehicles 1976 through 1980.
(7) In order to qualify for a minimum
				expenditure waiver, motorists in Lake County or Porter County shall expend the
				following amounts in repairs at a certified emissions repair facility:
(A) For 1981 and newer model year vehicles,
				the following criteria shall be met:
(i) The
				vehicle must be at least eight (8) model years of age.
(ii) The vehicle must have been driven at
				least one hundred fifty thousand (150,000) miles.
(iii) The owner or operator of the vehicle
				must have spent at least four hundred fifty dollars ($450) for repairs at a
				certified emissions repair facility.
(B) For 1976 through 1980 model year
				vehicles, at least seventy-five dollars ($75).
(8) Vehicles subject to an enhanced I/M
				emission test at the cutpoints established in 40 CFR 51.351 * may be issued a
				certificate of compliance without meeting the prescribed emission cutpoints if,
				after failing a retest, a complete, documented physical and functional
				diagnosis and inspection performed by the contractor shows no additional
				emission-related repairs are needed. Any such exemption policy and procedures
				shall be subject to EPA approval.
(9) After an initial I/M emission test
				failure, a vehicle may be retested up to four (4) additional times. A vehicle
				shall not be retested a fifth time until the type of repairs or modifications
				necessary has been fully evaluated by department and contractor
				personnel.
(10) Waivers shall be
				issued only by the test site manager or other employee specifically designated
				for this purpose.
(11) A waiver
				shall be valid for not more than one (1) test cycle.