Title 18 . Environmental Conservation

Chapter 52 . Administrative Enforcement

Section 60. Waivers

18 AAC 52.060. Waivers

(a) Any person may seek a waiver from passing an I/M program inspection, except that no waiver may be issued to a vehicle that is untestable due to a correctable defect, including those listed in 18 AAC 52.530(d) . The motorist shall repair a correctable defect before the I/M test will be completed. Except as provided in this subsection, the implementing agency or its contractor may grant a waiver if the person proves to the implementing agency or its contractor that

(1) a certified mechanic at a certified station has attempted to repair a failed vehicle, has made the repairs required by 18 AAC 52.065(a) or (b), and the vehicle failed a retest performed after completion of the required repairs; a waiver issued under this paragraph is valid for one inspection cycle;

(2) the vehicle has a diesel engine; a waiver issued under this paragraph is valid until the vehicle is sold or the diesel engine is replaced with a non-diesel engine; the motorist need not renew a waiver issued under this paragraph, but shall present it to the division of motor vehicles when the vehicle is first registered after becoming subject to this chapter or if the title to the vehicle is changed; if required by the implementing agency under 18 AAC 52.025(c) , visual identification of a vehicle with a waiver for a diesel engine issued under this paragraph is by windshield sticker as provided in 18 AAC 52.025(c) ;

(3) the vehicle qualifies for a seasonal waiver; a waiver issued under this paragraph is valid for one inspection cycle; the implementing agency may issue a seasonal waiver if the motorist certifies in writing that the vehicle will not be operated from November 1 through March 31 in an I/M area, a nonattainment area, or a maintenance area; the written statement must appear on a waiver form that bears a notice to the motorist that

(A) a false statement is punishable by law; and

(B) if, between November 1 and March 31, the vehicle is either operated or parked on a public right-of-way, on public land, or on commercial premises open to the public in an I/M area, a nonattainment area, or a maintenance area, the seasonal waiver immediately becomes void, and

(i) the implementing agency will not approve another seasonal waiver for that vehicle or any other vehicle owned by the motorist, except for good cause;

(ii) the motorist may not transfer ownership of a vehicle for which the seasonal waiver has become void or operate that vehicle after a transfer of the title unless the vehicle has a valid certificate of inspection; and

(iii) a subsequent motorist of a vehicle for which the seasonal waiver has become void is eligible for a seasonal waiver for that vehicle only if the subsequent motorist is not a member of the immediate family of and does not live in the same household as the motorist who owned or leased the vehicle at the time the vehicle's waiver became void;

(4) special circumstances exist that make it impractical to test the vehicle; a waiver issued under this paragraph is valid for one inspection cycle;

(5) the vehicle would not be expected to achieve emissions reductions after full repair of the vehicle to manufacturer's specifications for reasons such as pattern failure; a waiver issued under this paragraph is valid for one inspection cycle;

(6) the vehicle has been modified to use only compressed natural gas (CNG), methanol, or liquefied petroleum gas, and

(A) no emissions control device, other than the thermostatically controlled air cleaner inlet or the evaporative emissions control system, has been disconnected or removed from the vehicle;

(B) emissions test data are available indicating that the vehicle has an idle and parked throttle air-fuel ratio that is not richer than stoichiometric; and

(C) the vehicle is not a dual-fuel vehicle; a waiver issued under this paragraph is valid until the vehicle is sold or is modified to use other than natural gas, methanol, or liquefied petroleum gas;

(7) the vehicle is registered in, but not located or operated in, an I/M area, a nonattainment area, or a maintenance area; a waiver issued under this paragraph is valid for one inspection cycle unless the vehicle returns to an I/M area, a nonattainment area, or a maintenance area, at which time the waiver is void, and the vehicle must be inspected; to qualify for a waiver under this paragraph, the motorist shall submit to the implementing agency

(A) an application, signed by the motorist;

(B) adequate proof that the vehicle is located or operated outside, and not in, an I/M area, a nonattainment area, or a maintenance area; and

(C) a copy of a current certificate of inspection issued in the area where the vehicle is located or operated, if an inspection is required in that area; a written statement must appear on the waiver form that bears a notice to the motorist that

(i) a false statement is punishable by law; and,

(ii) if the vehicle is located or operated in the I/M area, a nonattainment area, or a maintenance area after the waiver is issued under this paragraph, the waiver immediately becomes void, and the implementing agency will not approve another waiver for that motorist under this paragraph; a subsequent owner of a vehicle with a waiver voided under this clause shall provide a current certificate of inspection to the implementing agency before the vehicle will be eligible for a future waiver under this paragraph; and

(8) a certified mechanic has determined as part of an I/M test performed under 18 AAC 52.540(a) that the vehicle cannot be repaired because the parts necessary for repair are unavailable; a waiver issued under this paragraph is valid for one inspection cycle.

(b) Before issuing a waiver under (a)(1) of this section, the implementing agency or its contractor shall

(1) verify that the cost of repairs meets or exceeds the repair cost minimum; and

(2) establish a method to monitor the vehicle until it meets I/M program requirements.

(c) Repealed 1/1/97.

(d) The implementing agency may grant a motorist a time extension not to exceed one inspection cycle to obtain needed repairs on a vehicle in the case of

(1) economic hardship when waiver requirements are not met; the implementing agency may grant only one time extension under this paragraph and shall revoke the extension if it is determined that the motorist no longer qualifies for an extension under this paragraph; the implementing agency may grant an economic hardship extension only if the motorist proves that

(A) the motorist's adjusted gross income, as computed for the preceding year and reported to the United States Department of the Treasury, Internal Revenue Service (IRS), is at or below the poverty level as determined under the United States Department of Health and Human Services poverty guidelines for this state published at 70 Fed. Reg. 8373 - 8375 (February 18, 2005), adopted by reference in this chapter; for a time extension under this subparagraph, the motorist must submit a copy of the motorist's federal income tax return filed for the year preceding the extension request; or

(B) unusual circumstances exist such as health problems or other extraordinary expenses; for a time extension under this subparagraph, the motorist must submit

(i) a copy of the motorist's income tax return filed with the IRS for the year preceding the extension required, but the motorist is not required to comply with the requirement of this clause if the IRS did not require the motorist to file a return;

(ii) a budget sheet that details current income, assets, and liabilities;

(iii) vehicle registration documentation; and

(iv) documentation of the extraordinary expenses, such as medical bills, that support the claim of unusual circumstances; or

(2) Repealed 1/1/98.

(e) Repealed 1/1/97.

(f) Except for a waiver issued under (a)(2) or (a)(6), or an extension under (d)(1), of this section, a motorist may apply to the implementing agency for a new waiver each year that the vehicle qualifies for a waiver under this section.

History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

Authority: AS 46.03.020

AS 46.14.030

AS 46.14.510

Editor's note: A copy of the federal poverty guidelines referred to in this section may be obtained from an implementing agency, from the department, or on the Internet. The Federal Register is usually available at either state and court libraries, or on the Internet.