§ 20-183.5A. When a vehicle that fails a safety inspection because of missing emissions control devices may obtain a waiver. - North Carolina Statutes

§ 20‑183.5A.  When avehicle that fails a safety inspection because of missing emissions controldevices may obtain a waiver.

(a)        Requirements. – TheDivision may issue a waiver for a vehicle that meets all of the followingrequirements:

(1)        Fails a safetyinspection because it does not have one or more emissions control devices.

(2)        Has documentedrepairs within the previous calendar year to replace missing emissions controldevices costing at least the waiver amount made to the vehicle to correct thecause of the failure. The waiver amount is two hundred dollars ($200.00) if thevehicle is a 1996 or newer model.

(b)        Procedure. – Toobtain a waiver, a person must contact a local enforcement office of theDivision. Before issuing a waiver, an employee of the Division must review theinspection receipts issued for the inspections of the vehicle, review thedocuments establishing what repairs were made to the vehicle and at what cost,review any statement denying warranty coverage of the repairs made, and do a visualinspection of the vehicle, if appropriate, to determine if the documentedrepairs were made. The Division must issue a waiver if it determines that thevehicle qualifies for a waiver. A person to whom a waiver is issued mustpresent the waiver to the self‑inspector or inspection station performingthe inspection to obtain an electronic inspection authorization.

(c)        Repairs. – Thefollowing repairs and their costs cannot be considered in determining whetherthe cost of repairs made to a vehicle equals or exceeds the waiver amount:

(1)        Repairs covered by awarranty that applies to the vehicle.

(2)        Repairs needed as aresult of tampering with an emission control device of the vehicle.

(3)        Repairs made by anindividual who is not professionally engaged in the business of repairingvehicles.

(d)        ElectronicInspection Authorization Expiration. – An electronic inspection authorizationissued to a vehicle after the vehicle receives a waiver from the requirement ofpassing the safety inspection expires at the same time it would if the vehiclehad passed the safety inspection. (2001‑504, s. 9; 2007‑503, ss. 8, 9.)