7 Del. Admin. Code § 1126-7.0
Current through Register Vol. 27, No. 12, June 1, 2024
Section 1126-7.0 - Vehicle emission inspection waivers7.1 Waiver issuance criteria 7.1.1 Motorists shall expend a reasonable cost, as defined in Section 2.0 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) on any 1981 through 1995 vehicle (OBD-equipped vehicles not included) may be performed by non-permitted 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 exhaust emissions (tailpipe) test under subsection 4.2, in order to qualify for waiver, repairs (cost of parts and labor) on any 1981 through 1995 year vehicle shall be performed by a technician as defined in Section 8.0, and must have been appropriate to correct the emission failure.7.1.1.5 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 (CERT) as defined in Section 8.0, and must have been appropriate to correct the specific OBD code which resulted in the initial 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 to the vehicle failing the initial test. Original receipts cannot be used more than once for verification.7.1.4 A minimum expenditure for repairs required to qualify for a waiver for pre-1981 model year vehicles shall be $75.7.1.5 For 1981 and newer model year vehicles: 7.1.5.1 The minimum expenditure for repairs shall be $200 in 2023-2024.7.1.5.2 The minimum expenditure shall be $450 in 2025-2026.7.1.5.3 Starting January 1, 2027 and 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 In 2027 and each year thereafter, the expenditure for repairs will be equivalent to the current minimum expenditure for repairs in New Castle and Kent Counties.7.1.7 The issuance of a waiver applies only to those vehicles failing an exhaust emission or non-evaporative on-board diagnostics tests. No waivers are granted to vehicles failing the evaporative emission integrity test.7.1.8 Waivers shall be issued by the Director or his/her designee after a vehicle has failed a retest for the exhaust emissions or on-board diagnostic portions of the inspection, performed after all qualifying repairs have been completed or non-evaporative emissions codes have been cleared.7.1.9 Qualifying repairs include repairs of primary emission control components as defined in subsection 7.1.1.2 performed within 90 days of the initial test date.7.1.10 Waivers issued in response to this regulation are valid through the current vehicle inspection cycle.7.1.11 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 subsections 7.1.4, 7.1.5, and 7.1.6. 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 § 1126-7.0
26 DE Reg. 598 (1/1/2023) (Final)