Rule 391-3-20-.17 - Waivers(1) Vehicles which fail a reinspection despite expenditures over a set dollar amount on appropriate repairs and which have met certain other criteria may be granted a waiver from complying with the inspection requirements for that registration period. Expenditures must be reasonable costs as determined by the Director.(2) In order to obtain a waiver the following criteria must have been met: (a) Repair Costs: 1. A yearly expenditure, as required by OCGA 12-9-48(d)(2), must have been made on qualifying repairs after the vehicle fails the initial inspection. The amount will be adjusted each year to reflect the change in the Consumer Price Index after 1989, which was $450. At the start of each inspection term, EPD will determine the new effective amount in accordance with these requirements and will make that information available at the GCAF website, www.cleanairforce.com. For vehicles which otherwise qualify for waivers based on a prior calendar inspection term, the waiver limit shall be that prior year's level of qualifying repairs.2. No cost for labor performed by a vehicle owner in the repair of his or her own vehicle shall be applied toward the repair waiver amount, except that a fleet owner may apply the actual cost of labor and parts, excluding any and all overhead costs, toward the waiver amount.(b) Receipts for these expenditures shall be submitted by the vehicle owner. Vehicle owners shall present the vehicle for which the waiver is requested to an authorized waiver inspection facility for verification of waiver eligibility. This verification shall include an inspection of the vehicle to confirm that reported repairs have been performed and to assess possible reasons for the vehicle's failure to meet the emission inspection requirements.(c) Receipts for parts and labor expenditures being considered for a repair waiver shall be submitted from a licensed business that performs emissions repairs to qualify. Repair forms shall adequately describe the vehicle by indicating, at a minimum, the VIN of the vehicle and shall also indicate date of service. 1. Vehicles must have qualifying repair receipts that are dated not more than 30 days prior to the initial failing inspection for the current registration cycle;2. Repair receipts shall only be used to obtain a single waiver.(d) Qualifying repairs do not include: 1. repair or replacement of tampered emissions control equipment;2. repairs performed by persons other than a recognized repair technician, except for repairs to primary emissions control components;3. repairs that are unrelated to emissions performance or are inappropriate for the type of test failure.(e) Motorists must utilize emission performance warranty coverage. If the vehicle is within the age and mileage limitations of the federal Clean Air Act warranty provisions contained in Section 207(b), the owner must present a written denial of warranty coverage from the manufacturer or authorized dealer.(f) Repairs shall address the OBD system failure or have produced a reduction in tailpipe emission of pollutants which failed during the previous initial inspection. Reinspection exhaust emission levels for pollutants which originally passed shall not exceed the relevant standards.(g) Waivers shall be issued by EPD, the Management Contractor or an authorized agent of EPD. Before issuing a waiver, the issuer shall verify that receipts for qualifying repairs equaling or exceeding the established waiver amount have been submitted, verify the repairs have been made by presenting the vehicle for a visual inspection and that the vehicle is otherwise qualified to receive a waiver.(3) Waivers are valid for no more than twelve (12) months and shall be used for no more than one registration.Ga. Comp. R. & Regs. R. 391-3-20-.17
O.C.G.A. § 12-9-40, et seq.
Original Rule entitled "Sale of Vehicles" adopted. F. Nov. 1, 1993; eff. Nov. 21, 1993.Amended: Rule retitled "Waivers". F. Aug. 31, 1994; eff. Sept. 20, 1994.Repealed: Rule reserved. F. Apr. 28, 1995; eff. May 18, 1995.Amended: New Rule entitled "Waivers" adopted. F. Aug. 28, 1995; eff. Sept. 17, 1995.Amended: ER. 391-3-20-0.33-.17 adopted. F. June 4, 1996; eff. May 29, 1996, the date of adoption.Amended: Permanent Rule adopted. F. Aug. 26, 1996; eff. Sept. 15, 1996.Amended: F. June 3, 1997; eff. June 23, 1997.Amended: F. Dec. 5, 1997; eff. Dec. 25, 1997.Amended: F. Mar. 27, 1998; eff. Apr. 16, 1998.Amended: F. Oct. 23, 1998; eff. Nov. 12, 1998.Amended: F. Dec. 2, 1999; eff. Dec. 22, 1999.Amended: F. Dec. 8, 2000; eff. Dec. 28, 2000.Amended: F. Dec. 6, 2001; eff. Dec. 26, 2001.Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.Amended: F. Dec. 5, 2003; eff. Dec. 25, 2003.Amended: F. Dec. 20, 2004; eff. Jan. 9, 2005.Amended: F. Dec. 21, 2005; eff. Jan. 10, 2006.Amended: F. Dec. 21, 2006; eff. Jan. 10, 2007.Amended: F. Dec. 7, 2007; eff. Dec. 27, 2007.Amended: F. Dec. 8, 2008; eff. Dec. 28, 2008.Amended: F. May 30, 2014; eff. June 19, 2014.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019.Amended: F. Mar. 30, 2022; eff. Apr. 19, 2022.