North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0550 - WAIVERS FROM EMISSIONS TEST REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commissioner of Motor Vehicles, or License and Theft Bureau employees who are
				  designated by the Commissioner, shall issue a written waiver from the
				  applicable emissions test standards for any vehicle, except vehicles listed in
				  Paragraph (g) of this Rule, if the waiver issuance criteria have been
				  met.
(b) A written waiver shall be
				  issued in accordance with this Rule upon request when all of the following
				  criteria have been met:
(1) the vehicle passed
				  the safety portion of the inspection as shown by the vehicle inspection receipt
				  completed by the licensed inspection station that performed the
				  inspection;
(2) the vehicle failed
				  the emissions portion of the inspection as shown by the vehicle inspection
				  receipt completed by the licensed inspection station that performed the
				  inspection;
(3) the vehicle is
				  equipped with each emissions control device listed in Rule .0543 of this
				  Section, if such device was equipped on the vehicle by the manufacturer. If the
				  unleaded gas restrictor has been removed or rendered inoperable, the catalytic
				  converter must be replaced;
(4)
				  qualifying repairs have been completed on the vehicle within 60 days following
				  the initial failed emissions inspection. Proof of repairs must be shown by
				  itemized and dated receipts from the person or business that provided the
				  repair service or parts. Receipts for parts shall name the part and the stock
				  number. For purposes of this Rule, "qualifying repairs" means repairs performed
				  on a vehicle for the purpose of repairing the cause of the emissions inspection
				  failure. A visual inspection of the vehicle shall be made by the designated
				  License and Theft Bureau employee to determine if repairs were actually
				  performed if, given the nature of the repair, this can be visually confirmed.
				  For 1996 and later model year vehicles, qualifying repairs must be performed by
				  a person who is professionally engaged in vehicle repairs or who is employed by
				  a business whose purpose is vehicle repair or who possesses a certification
				  from the National Institute For Automotive Service Excellence for
				  emission-related diagnosis and repair;
(5) the minimum repair expenditure applicable
				  to the vehicle has been met by having qualifying repairs performed on the
				  vehicle as follows:
(A) Only the costs of
				  parts are applied toward the minimum repair expenditure, if the repairs are
				  performed by the vehicle owner or by a person who is not professionally engaged
				  in vehicle repairs. In addition, those who are not employed by a business whose
				  purpose is vehicle repair or who does not possess a certification from the
				  National Institute For Automotive Service Excellence for emission-related
				  diagnosis and repair;
(B) For 1996
				  and later model year vehicles, the minimum repair expenditure is two hundred
				  dollars ($200.00), including parts and labor costs;
(C) The cost of repairs to correct or replace
				  emissions control devices that have been removed, disconnected, or rendered
				  inoperable shall not be applied toward the minimum repair expenditure for any
				  vehicle, regardless of model year.
(D) The cost of diagnostic testing to
				  determine whether the vehicle meets emissions standards shall not be applied
				  toward the minimum repair expenditure unless associated with actual repairs to
				  the vehicle; and
(E) Any available
				  warranty coverage on the vehicle must be used to obtain the needed repairs
				  before expenditures may be applied to the minimum repair expenditure.
(6) the vehicle owner has received
				  a written denial of warranty coverage from the vehicle manufacturer or
				  authorized dealer if the vehicle is within the statutory age and mileage
				  coverage under section 207(b) of the Federal Clean Air Act 42-U.S.C. 7541(b);
				  and
(7) after qualifying repairs
				  have been completed and within 60 days after failing the initial emissions
				  inspection, the vehicle failed another emissions inspection as shown by the
				  vehicle inspection receipt completed by the licensed inspection station that
				  performed the inspection.