Vehicle Emissions Inspection & Maintenance Rules & Regulations

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(3) Parts Availability Time Extension. A Parts AvailabilityTime Extension may be granted in accordance with the followingconditions:(A) The applicant must demonstrate to the department:(i) reasonable attempts were made to locate necessaryemissions control parts by retail or wholesale parts suppliers;and(ii) emissions-related repairs cannot be completedbefore the expiration of the safety inspection certificateor before the 30-day period following an out-of-cycleinspection because the repairs require an uncommonpart, as defined herein.(B) The applicant shall provide to the department:(i) an original VIR indicating the vehicle failed theemissions test;(ii) an invoice, receipt, or original itemized documentindicating the uncommon part(s) ordered by: name;description; catalog number; order number; source ofpart(s), including name, address and phone number ofparts distributor; and expected delivery and installationdate(s). The original itemized document must be preparedby a Recognized Emissions Repair Technician ofTexas before a Parts Availability Time Extension can beissued.(C) A Parts Availability Time Extension is not allowed fortampering-related repairs, as defined herein.(D) If the vehicle does not pass an emissions re-test priorto the expiration of the Parts Availability Time Extension,the applicant must provide to the department, adequatedocumentation that one of the following conditionsexists:(i) the motorist qualifies for a Low Mileage Waiver, Low-Income Time Extension or Individual Vehicle Waiver; or(ii) the motor vehicle will no longer be operated in theaffected county.(E) A vehicle that receives a Parts Availability TimeExtension in one testing cycle must have the vehiclerepaired and re-tested prior to the expiration of such extensionor must qualify for another type of waiver or timeextension, in order to be eligible for a Parts AvailabilityTime Extension in the subsequent testing cycle.(F) The length of a Parts Availability Time Extension shalldepend upon expected delivery and installation date(s) ofthe uncommon part(s) as determined by the departmentrepresentative on a case by case basis. Parts AvailabilityTime Extensions will be issued for either 30, 60 or 90days.(G) The department shall issue a unique time extensionsticker for Parts Availability Time Extensions.(4) Individual Vehicle Waiver.(A) Eligibility. If a vehicle has failed an emissions testrequired by the vehicle emissions I/M program, a motoristmay petition the designated representative of the departmentfor an Individual Vehicle Waiver in order for the vehicleto receive a state inspection certificate. The motoristmust demonstrate that all reasonable measures (diagnostics,repairs, replacement parts, etc.) have beentaken to bring the vehicle into compliance with the program,but have failed. The department will review themeasures taken by the motorist to insure that theyhave been performed, further measures would be economicallyunfeasible during this inspection cycle, and awaiver will result in a minimal impact on air quality. A vehiclemay be eligible for an Individual Vehicle Waiver providedthat:(i) it failed both the initial emissions inspection and retest;and(ii) the motorist has incurred qualified emissions-relatedrepairs, as defined by subsection (e)(1)(B) of this section,costing equal to or are in excess of the maximumreasonable repair expenditure amounts, as definedherein for the county in which the vehicle is registered.(B) Maximum Reasonable Repair Expenditure Amounts.The applicable amounts are:(i) affected counties, except El Paso county--$600, and(ii) El Paso county--$450.(C) Validity. The individual vehicle waiver shall be validthrough the end of the twelfth month from the date ofissuance. Motorists must apply for the individual vehiclewaiver each testing cycle.(D) Conditions. The following conditions must be met inorder to receive an individual vehicle waiver:(i) the vehicle must pass a visual inspection performedby a department representative to insure that the emissionsrepairs being claimed have actually been performed;(ii) the diagnosis, parts, and labor receipts for the qualifiedemissions-related repairs must be presented to thedepartment and support that the emissions repairs beingclaimed have actually been performed; and5-17
(iii) the valid re-test Vehicle Inspection Report (VIR) andvalid Vehicle Repair Form (VRF) for the applicant vehiclemust be presented to the department. If labor and/ordiagnostic charges are being claimed towards the individualvehicle waiver, the VRF shall be completed by aRecognized Emissions Repair Technician of Texas.(f) Prohibitions.(1) No person may operate or allow to be operated anymotor vehicle that does not comply with:(A) all applicable air pollution emissions control-relatedrequirements included in the annual vehicle safety inspectionadministered by the department, as evidenced by acurrent valid inspection certificate affixed to the vehiclewindshield; and(B) the vehicle emissions inspection and maintenancerequirements contained in the Revised Texas I/M SIP.(2) No person or entity may own, operate, or allow the operationof a designated vehicle in an affected countyunless the vehicle has complied with all applicable vehicleemissions inspection and maintenance requirements containedin the Revised Texas I/M SIP, unless otherwise providedfor herein.(3) No person may issue or allow the issuance of a VehicleInspection Report (VIR), as authorized by the department,unless all applicable air pollution emissions control-relatedrequirements of the annual vehicle safety inspection andthe vehicle emissions inspection and maintenance requirementsand procedures contained in the Revised Texas I/MSIP are completely and properly performed in accordancewith the rules and regulations adopted by the departmentand the TCEQ.(4) No person may allow or participate in the preparation,duplication, sale, distribution, or use of false, counterfeit, orstolen inspection certificates, VIRs, VRFs, vehicle emissionsrepair documentation, or other documents whichmay be used to circumvent the vehicle emissions inspectionand maintenance requirements and procedures containedin Texas Transportation Code, Chapter 548 and theRevised Texas I/M SIP.(5) No organization, business, person, or other entity mayrepresent itself as an inspector certified by the department,unless such certification has been issued pursuant tothe certification requirements and procedures contained inthe Revised Texas I/M SIP and the rules and regulations ofthe department.(6) No person may act as or offer to perform services as aRecognized Emissions Repair Technician of Texas or aRecognized Emissions Repair Facility of Texas, as definedin subsections (h) and (i) of this section, without firstobtaining and maintaining recognition by the department.(g) Violation/Penalties. Pursuant to Texas TransportationCode, §548.601, any person who operates a designatedvehicle in an affected county without displaying a validunique emissions inspection certificate, may be subject to afine in an amount not to exceed that set out in TexasTransportation Code, §548.604.(h) Requirements for Recognized Emissions RepairTechnicians of Texas. The department will recognize automotiverepair technicians that meet the qualifications as setforth herein.(1) In order to be recognized by the department as aRecognized Emissions Repair Technician of Texas, thetechnician must:(A) have a minimum of three years full-time automotiverepair service experience;(B) possess current certification in the following areasbased on the following tests offered by the NationalInstitute of Automotive Service Excellence (ASE):(i) Engine Repair (ASE Test Al);(ii) Electrical/Electronic Systems (ASE Test A6);(iii) Engine Performance (ASE Test A8); and(iv) Advanced Engine Performance Specialist (ASETest Ll); and(C) must be employed by a Recognized EmissionsRepair Facility of Texas, as defined herein.(2) A Recognized Emissions Repair Technician of Texasshall perform the following duties:(A) complete and certify the VRF form(s); and(B) notify the DPS in writing within 14 days of changes inthe technician's ASE testing status.(3) Failure to comply with these rules and failure to meetthe qualifications set out herein may result in the departmentceasing to recognize the technician.(i) Requirements for Recognized Emissions Repair Facilitiesof Texas.(1) In order to be recognized by the department as aRecognized Emissions Repair Facility of Texas, the facilitymust:(A) employ at least one full-time Recognized EmissionsRepair Technician of Texas, as described in subsection(h) of this section; and5-18
Page 2 and 3: TABLE OF CONTENTSCHAPTER 1INTRODUCT
Page 4 and 5: 01.05.00 INTRODUCTIONThis manual pr
Page 6 and 7: CHAPTER TWOACCELERATION SIMULATION
Page 8 and 9: 02.05.00 ACCELERATION SIMULATION MO
Page 10 and 11: c. Commercial Motor Vehicles Requir
Page 12 and 13: 1. Rejection receipt,2. Emissions t
Page 14 and 15: 3.05.00 ON-BOARD DIAGNOSTICS II (OB
Page 16 and 17: Emissions Test. A motor vehicle req
Page 18 and 19: d. Vehicles operated exclusively by
Page 20 and 21: CHAPTER FOURTWO-SPEED IDLE (TSI)INS
Page 22 and 23: eceive an out-of-cycle emissions te
Page 24 and 25: after the rejection receipt is prin
Page 26 and 27: 05.05.00 TSI TEST SEQUENCE - BMW/PE
Page 28 and 29: TEXAS DEPARTMENT OF PUBLIC SAFETYVE
Page 30 and 31: TEXAS DEPARTMENT OF PUBLIC SAFETYAi
Page 32 and 33: 05.25.00 ADMINISTRATIVE RULESTEXAS
Page 34 and 35: (32) VIR--refers to the Vehicle Ins
Page 36 and 37: (12) Inspection certificates issued
Page 40 and 41: (B) possess equipment to perform th
Page 42 and 43: 05.25.02 RULE §23.95 Waiver for Lo
Page 44 and 45: 05.25.03 RULE §23.96 Emissions Ana
Page 46: GLOSSARY OF TERMS05.30.00Gas Audit

Vehicle Emissions Inspection & Maintenance Rules & Regulations

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