280 R.I. Code R. 280-RICR-30-15-1.11

Current through October 25, 2024

Section 280-RICR-30-15-1.11 - Waivers

1.11.1 Waiver Requirements and Conditions

A. The Director or a designee shall issue Waiver Certificates to the operators of those vehicles satisfying all requirements in this Section. The following waiver requirements and conditions shall apply:

1. A motor vehicle which, after inspection or reinspection, fails to comply with the appropriate emissions standards and criteria as set forth in § 1.7 of this Part shall be eligible to obtain a waiver certificate, provided that the cost of emissions related repairs performed exceeds the repair cost limit.

2. The cost of emissions related repairs may include the cost of repairs made after the inspection or the cost of emission related repairs made up to sixty days (60) days prior to the inspection. The cost of repairs shall not include any costs covered by an emission performance, or device warranty, or the cost of tampering reversal.

3. The cost of any emissions-related parts, appropriate to the cause of the test failure, installed during the sixty-day period prior to inspection or after the inspection, is to be applied to the repair cost limit, regardless of the installer.

4. Any emissions related repair made by a CIRT, including the costs of parts and labor, which is made during the sixty-day period prior to inspection or after the inspection, is to be applied to the repair cost limit.

5. The repair cost limit shall be seven hundred dollars ($700.00).

6. Repairs shall be appropriate to the cause of the test failure and shall be documented by original receipts for the repair. A visual check shall be made to determine that repairs were actually made, if such repairs can be visually confirmed.

7. The appropriateness of the repair cost shall be made through comparison with charges in a nationally recognized flat rate manual of emission repair cost estimating. The repair cost may include parts and labor for emissions related repairs.

8. Waivers shall be effective until the vehicle is next due for emissions inspection.

1.11.2 Repair Time Delay

A. A time delay to repair a vehicle which fails an emission inspection of one test cycle may be granted to owners who qualify under low income guidelines as established by the Department.

B. The delay shall apply only once for that specific vehicle.

1.11.3 Compliance by Diagnostic Inspection

A. The Department may issue a waiver certificate without the vehicle meeting the emission standards if after failing an inspection and subsequent reinspection for emissions at the Final Standards, the vehicle undergoes a complete, documented physical and functional diagnosis and inspection, conducted by the Department, which shows:

1. that the emission control devices originally required for federal vehicle certification are in place and are functioning as designed; and,

2. that no additional emission related repairs are reasonably possible; or,

3. that no further repairs can be made because the parts required for the repairs are no longer manufactured.

B. A waiver certificate issued under this section shall be effective for only one inspection cycle.

280 R.I. Code R. 280-RICR-30-15-1.11

Adopted effective 12/31/2018