1. A. General Requirements. A waiver is valid until the next date of scheduled inspection.

2. B. Repair Waiver.

   1. (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:

      1. (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;
      2. (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;
      3. (c) Emissions control devices have not been tampered with or removed, and the vehicle has not been misfueled; and
      4. (d) The owner satisfies the requirements of State law, except for provisions which are superseded by federal law.

   2. (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:

      1. (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
      2. (b) Associated with the repair or replacement of the exhaust system or any of its components.
   3. (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. (4) The Administration or the contractor may require approval by the motorist assistance center prior to issuing a waiver.
   5. (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.

3. C. Senior Citizens.

   1. (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. (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. (3) All information provided by the vehicle owner is subject to verification by the Administration.

4. D. Disabled Persons.

   1. (1) A waiver may be granted to the owner of a vehicle for which special registration plates have been issued under Transportation Article, §13-616, Annotated Code of Maryland, and which is driven 5,000 miles or less per year.
   2. (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. (3) All information provided by the vehicle owner is subject to verification by the Administration.

5. E. Deployed Military Personnel.

   1. (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:

      1. (a) The vehicle owner has received military orders:

         1. (i) For deployment outside the United States; or
         2. (ii) To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.
      2. (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. (2) All information provided by the vehicle owner is subject to verification by the Administration.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;
Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland

Effective date: August 17, 1981 (8:16 Md. R. 1366)

Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)

Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)

Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)

Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)

Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)

Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)

Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)

Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)

Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)

Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)

Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)

Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)

Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)

Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)

Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)

Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)

Chapter revised effective January 23, 2023 (50:1 Md. R. 8)