Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article VII - Vehicle Characteristics › Chapter 177 - EMISSION INSPECTION PROGRAM › Subchapter C - EMISSION TEST PROCEDURES AND EMISSIONSTANDARDS › ISSUANCE OF WAIVER › Section 177.281 - Issuance of waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Department or a single contractor shall
							 electronically issue a certificate of emission inspection with an indicator to
							 show that the vehicle has received a waiver if:
(1) The subject vehicle has failed the
						  initial emission inspection, qualifying repairs have been completed and the
						  subject vehicle has failed the retest.
(2) Emission control devices, as originally
						  equipped, are installed. Vehicles with emission devices which are obsolete and
						  cannot be obtained through the original equipment manufacturer, aftermarket
						  manufacturers or suppliers of used parts are exempt from this paragraph.
						  Specific reporting requirements shall be completed and maintained as specified
						  by the Department in this section and Appendix A (relating to acceleration
						  simulation mode: Pennsylvania procedures, standards, equipment specifications
						  and quality control requirements.)
(3) The procedure as described in Appendix A
						  has been followed and the amount spent on qualifying repairs:
(i) Was an amount as determined in §
														177.282 (relating to annual
						  adjustment of minimum waiver expenditure for emission inspection).
(ii) Includes charges for electronic
						  diagnostic inspection, parts costs and labor costs paid for qualifying emission
						  repair services performed on the vehicle if paid by the vehicle owner and if
						  the qualifying repairs were performed by a recognized or certified repair
						  technician. For qualifying emission repair services performed by someone other
						  than a recognized or certified repair technician, the cost of parts but not
						  labor utilized by nonrepair technicians may apply toward the waiver limit. The
						  cost of parts for the repair or replacement for the following emission control
						  components may be applied: oxygen sensor; catalytic converter; thermal reactor;
						  EGR valve; fuel filler or gas cap; evaporative canister; PCV valve; air pump;
						  distributor; ignition wires; coil; spark plugs; and power train management
						  system. The cost of hoses, gaskets, belts, clamps, brackets or other
						  accessories directly associated with these components may also be applied to
						  the waiver limit. These repairs shall have been performed no more than 60 days
						  prior to the initial emission inspection test.
(iii) Is appropriate to the cause of the test
						  failure.
(iv) Excludes expenses
						  which are incurred in the repair of emission control devices which are:
(A) Found to be tampered with.
(B) Rendered inoperative.
(C) Rendered inaccessible.
(D) Not installed.
(v) Excludes costs recoverable under an
						  emission warranty, insurance policy or prepaid maintenance agreement. These
						  recoverable cost repairs shall be used before necessary repair costs can be
						  applied toward the waiver cost limitations. The operator of a vehicle within
						  the statutory age and mileage coverage under section 207(b) of the Clean Air
						  Act (42 U.S.C.A. §
															7525(b)) shall present a
						  written denial of warranty coverage from the manufacturer or authorized dealer
						  for this provision to be waived.
(vi) Excludes the fee for emission
						  inspection.
(vii) Excludes charges
						  for giving a written estimate of needed repairs, except that the fee for an
						  electronic diagnostic inspection may be included.
(viii) Excludes charges for checking for the
						  presence of emission control devices.