ISSUANCE OF WAIVER
§ 177.281. Issuance of waiver.
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.
(4) The vehicle owner or driver shall present the original of repair bills or receipts for parts to the inspection station to demonstrate compliance with the qualifying dollar amount established under paragraph (3). The bills shall:
(i) Include the name, address and telephone number of the repair facility.
(ii) Describe the repairs that were performed.
(iii) State the labor or parts costs, or both, for each repair.
(iv) State on the written estimate the general problem, the necessary major parts replacement items and the total necessary repair and labor costs which would exceed the total cost limitations.
(5) Upon completion of waiver requirements and a visual check to determine that repairs were actually made, a certificate of emission inspection with a waiver indicator shall be affixed to the subject vehicle.
(6) Vehicles subject to an emission test may be issued a certificate of emission inspection with a waiver indicator without meeting the emission test standards of § 177.204 (relating to basis for failure) if, after failing an emission retest, a complete, documented physical and functional diagnosis and inspection performed by emission inspection station personnel shows that no additional emission related repairs are needed.
Source The provisions of this § 177.281 adopted September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010; amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235276) to 235278).
Cross References This section cited in 67 Pa. Code § 177.51 (relating to program requirements); 67 Pa. Code § 177.53 (relating to vehicle inspection process); 67 Pa. Code § 177.274 (relating to retest fees); 67 Pa. Code § 177.291 (relating to procedures relating to certificates of emission inspection); and 67 Pa. Code § 177.601 (relating to definitions).
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