Section 1200-03-29-.11 - WAIVER PROVISIONS(1) The purpose of this rule is to allow a person to operate a motor vehicle that fails to meet the applicable motor vehicle emission performance test criteria as specified in Rule 1200-03-29-.05, provided the department has issued to the owner of the motor vehicle a waiver.(2) A waiver issued pursuant to this rule shall relieve the owner of a motor vehicle from responsibility for taking any further action to reduce exhaust emissions from the motor vehicle until the motor vehicle is next due for inspection, pursuant to Rule 1200-03-29-.03.(3) Any owner of a motor vehicle may be eligible and may apply to the department for a waiver pursuant to this rule if: (a) An application for a waiver is submitted to a representative at an inspection site designated by the department;(b) The vehicle passed the tampering portion of the vehicle inspection;(c) All of the exhaust emissions components appropriate to make, model, year, series, and engine size are in place and visually operating;(d) The vehicle failed the first initial emissions test and subsequent retest after repairs;(e) The owner of the vehicle has spent the required amount, pursuant to part 1, 2, or 3 of this subparagraph, in parts and/or labor as an attempt to bring the vehicle into compliance with the motor vehicle emission performance test criteria as specified in Rule 1200-03-29-.05. 1. For 1975 through 1980 model year vehicles - the minimum expenditure requirement is $75.00. All repairs must be appropriate and/or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.2. For 1981 through 1995 model year vehicles - the minimum expenditure requirement is $200.00. All repairs must be appropriate and/or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.3. For 1996 and newer model year vehicles - the minimum expenditure requirement is $650.00. All repairs must be appropriate and/or related to the cause of the test failure. This expenditure includes parts and labor, as specified in part 4.4. The cost of labor can be applied towards the expenditure amount only if the repairs were performed by a certified repair technician (National Institute for Automotive Service Excellence[ASE] certified in engine repair and engine performance). Repairs performed by non-technicians (e.g., owners) may only apply the cost of parts towards the expenditure.(f) Documentation of repairs must be provided to the department. Documentation shall include dated receipts itemized with the name of each part, part number, and manufacturer.(g) Emission related repairs were performed on the vehicle sixty (60) days before or after the initial failed exhaust emissions inspection; and(h) Proof of county residence is provided to the department. (Example: Driver's License and/or vehicle registration).(4) The owner of a motor vehicle still within the failed vehicle's warranty period shall use all available warranty coverage to have repairs made that are directed toward correcting the cause of the motor vehicle's inspection failure prior to applying for a waiver and provide support documentation pursuant to subparagraph (a) or (b) of this paragraph.(a) Documentation indicating that any available warranty coverage has been used to have the repairs made that are directed toward correcting the cause of the motor vehicle's failure to pass the motor vehicle inspection shall be provided to the Department; or(b) A written denial of warranty coverage for the needed repairs from the manufacturer or authorized dealer shall be provided to the Department.(5) Prior to the issuance of a waiver, Division staff shall perform a visual (underhood) inspection of the motor vehicle. This inspection will be performed to determine that emission related repairs have been completed and verify that the minimum expenditure has been met. If during the visual inspection any motor vehicle tampering, as defined in Division Rule 1200-3-36, is discovered, a waiver cannot be granted.(6) The waiver shall be valid for one year or until the next registration expiration date, whichever is sooner.(7) A waiver shall be granted to the owner of a motor vehicle provided the requirements of this rule have been fulfilled.(8) Upon receiving a waiver from the department, the motor vehicle owner shall be exempt from the requirements of paragraph (6) in rule 1200-03-29-.03 within the time period prescribed in paragraph (6) of rule 1200-03-29-.11.Tenn. Comp. R. & Regs. 1200-03-29-.11
Original rule filed August 30, 2001; effective November 13, 2001. Repeal and new rule filed September 28, 2004; effective December 12, 2004.Authority: T.C.A. §§ 55-4-128, 68-201-105, and 4-5-201 et. seq., 55-4-128, and 68-201-105.