Md. Code Regs. 11.14.08.07 - Waivers
A. General
Requirements. A waiver is valid until the next date of scheduled
inspection .
B. Repair Waiver .
(1) The owner of a vehicle for which a fail
certificate has been issued may apply to the Administration for a waiver from
inspection standards for the assigned inspection cycle if all of the following
requirements are met:
(a) All applicable
warranty coverage has been used, or the vehicle manufacturer or a dealer has
issued written denial of the warranty coverage provided for vehicles by the
Clean Air Act, 42 U.S.C.
§
7541;
(b) The vehicle has received
emissions-related repairs appropriate to the cause of inspection failure, and
the repairs have been performed by a recognized repair technician ;
(c) Emissions control devices have not been
tampered with or removed, and the vehicle has not been misfueled; and
(d) The owner satisfies the requirements of
State law, except for provisions which are superseded by federal law.
(2) The vehicle owner shall submit
proof of expenditures for repairs with the waiver application in a form and
content acceptable to the Administration . Repair costs, including parts and
labor, are limited to only those repairs necessary to bring the vehicle into
compliance with applicable emissions standards, and do not include costs:
(a) Determined to be necessary to correct
tampering with or the removal of an emissions control device , or to repair
damage resulting from misfueling ; or
(b) Associated with the repair or replacement
of the exhaust system or any of its components.
(3) The Administration or the contractor
shall evaluate each waiver application, examine the vehicle for verification of
repairs and the presence of required emissions control devices, and may issue a
waiver if the provisions of this chapter are met.
(4) The Administration or the contractor may
require approval by the motorist assistance center prior to issuing a
waiver .
(5) The Administration may
grant a time extension to a waiver applicant so that additional repairs may be
obtained, or to adequately evaluate and verify the contents of the waiver
application.
C. Senior
Citizens.
(1) A waiver may be granted to a
vehicle owner who is 70 years of age or older at the time of the scheduled
inspection for a vehicle that is driven 5,000 miles or less per year.
(2) In the case of more than one owner of a
vehicle, all owners listed on the vehicle title must meet the age
requirement.
(3) All information
provided by the vehicle owner is subject to verification by the
Administration .
D.
Disabled Persons.
(1) A waiver may be granted
to the owner of a vehicle for which special registration plates have been
issued under Transportation Article, §13616, Annotated Code of Maryland,
and which is driven 5,000 miles or less per year.
(2) In the case of more than one owner of a
vehicle, all owners listed on the vehicle title must meet the disability
requirements.
(3) All information
provided by the vehicle owner is subject to verification by the
Administration .
E.
Deployed Military Personnel.
(1) A waiver may
be granted to a vehicle owner who is an active duty member of the armed
services of the United States if the following requirements are met:
(a) The vehicle owner has received military
orders:
(i) For deployment outside the United
States; or
(ii) To a duty station
in a jurisdiction that is not subject to a vehicle emissions control inspection
and maintenance program.
(b) All owners listed on the vehicle title
have certified that at least one owner of the vehicle has met the criteria of
§E(1)(a) of this regulation.
(2) All information provided by the vehicle
owner is subject to verification by the Administration .
Notes
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