7 Del. Admin. Code § 1131-7.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1131-7.0 - Vehicle inspection waivers

7.1 Waiver issuance criteria.

7.1.1 Motorists shall expend a reasonable cost, as defined in Section 3.0 in order to qualify for a waiver.

7.1.1.1 For vehicles failing the exhaust emissions test under subsection 4.1, in order to qualify for waiver, repairs (cost of parts and labor) on any 1981 or later model year vehicle shall be performed by a certified emission repair technician, as defined in Section 3.0, and must have been appropriate to correct the emission failure.

7.1.1.2 In order to qualify for a waiver, repairs of primary emission control components (cost of parts only) may be performed by non-technicians (e.g., vehicle owners and must have been appropriate to correct the emission failure.

7.1.1.3 The waiver would apply to the cost of parts for the repair or replacement of the following list of emission control component systems:

7.1.1.3.1 Air induction system (air filter, oxygen sensor),

7.1.1.3.2 Catalytic converter system (convertor, preheat catalyst),

7.1.1.3.3 Thermal reactor,

7.1.1.3.4 EGR system (valve, passage/hose, sensor)

7.1.1.3.5 PCV System, air injection system (air pump, check valve),

7.1.1.3.6 Ignition system (distributor, ignition wires, coil, spark plugs).

7.1.1.3.7 The cost of any hoses, gaskets, belts, clamps, brackets or other emission accessories directly associated with these components may also be applied to the waiver limit.

7.1.1.4 For vehicles failing the on-board diagnostics test under subsection 4.4.3 in order to qualify for waiver, repairs on any 1996 or later model year vehicle shall be performed by a certified emission repair technician as defined in Section 3.0, and must have been appropriate to correct the emission failure.

7.1.2 Any available warranty coverage shall be used to obtain needed repairs before expenditures can be counted towards the cost limits in subsection 7.1.4. The owner or operator of a vehicle within the statutory age and mileage coverage under the engine warranty requirements found in section 207(b) of the Clean Air Act shall present a written denial of warranty coverage from the manufacturer or authorized dealer for this provision to be waived for approved tests applicable to the vehicle.

7.1.3 Original receipts shall be submitted for review to further verify that qualifying repairs were performed. Original receipts shall not be used more than once for verification.

7.1.4 A minimum expenditure for repairs of $75 for pre-1981 model year vehicles or a minimum expenditure of $200 for 1981 model year and newer vehicles shall be spent in order to qualify for a waiver.

7.1.5 The minimum expenditure for repairs for 1981 and newer vehicles shall increase to $450 starting January 1, 2000. For each subsequent year, the $450 minimum expenditure shall be adjusted in January of that year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989.

7.1.6 The issuance of a waiver applies only to those vehicles failing an exhaust emission or on-board diagnostics tests. No waivers are granted to vehicles failing the evaporative emission integrity test.

7.1.7 Waivers shall be issued by the Director or his/her designee only after a vehicle has failed a retest for only the exhaust emissions or on-board diagnostics portions of the program, performed after all qualifying repairs have been completed;

7.1.8 Qualifying repairs include repairs of primary emission control components performed within 90 days of the test date.

7.1.9 Waivers issued pursuant to this regulation are valid through the current vehicle vehicle inspection cycle.

7.1.10 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 subsection 7.1.4. The Director shall issue exemptions for tampering related repairs if it can be verified that the part in question or one similar to it is no longer available for sale.

7.2 Compliance via diagnostics inspection.

Vehicles subject to an emission test at the exhaust emission standards shown in Table 4.1 may be issued a certificate of compliance without meeting the prescribed emission exhaust emission standards, if after failing a retest on emissions, a complete, documented physical and functional diagnosis and inspection performed by a certified emission repair technician shows that no additional emission related repairs are needed.

7 Del. Admin. Code § 1131-7.0

26 DE Reg. 602 (1/1/2023) (Final)