PURPOSE: This rule complies with section 307.366.4, RSMo. It specifies the procedures and limits for receiving a waiver after failing a motor vehicle emission reinspection in the basic inspection and maintenance program as established under 11 CSR 50-2.400.

1. (1) Applicability. This rule shall apply to all motor vehicles powered exclusively or in part by gasoline which are registered after January 1, 1997, in Franklin County and that have failed an emission reinspection.

2. (2) Definitions.

   1. (A) Initial emission inspection—An inspection consisting of the test series that occurs the first time a vehicle is inspected in an inspection cycle at a Franklin County emission inspection station. The required test fee is collected upon an initial emission inspection. Specific to the St. Louis Metropolitan Area
   2. (B) Qualifying repair—Any repair or adjustment performed on a vehicle’s emission control system after failing an initial emission inspection that is appropriate to the test failure.

   3. (C) Qualified repair technician—any person who—

      1. 1. Is professionally engaged in vehicle

repair or employed by an ongoing business whose purpose is vehicle repair; and

1. 2. Has valid certifications in National

Institute for Automotive Service Excellence (ASE) Electrical Systems (A6) and Engine Performance (A8).

1. (D) Qualified labor costs—The labor costs that a qualified repair technician charges for services rendered to a vehicle that fails its emission inspection.
2. (E) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10- 6.020.

1. (3) General Provisions.

   1. (A) A vehicle which has failed an emission reinspection will be issued a waiver under the following conditions:

      1. 1. The subject vehicle has failed the ini-

tial emission inspection, has had qualifying repairs, and has failed an emission reinspection;

1. 2. The vehicle operator has taken the

vehicle to an emission inspection station in Franklin County or a state quality assurance/waiver facility and presented to the station manager, the assistant station manager, or the department representative the emission analyzer computer generated State of Missouri Vehicle Inspection Certificate, stating that the vehicle presented has failed the initial emission inspection and all subsequent emission reinspections;

1. 3. The vehicle operator has presented to

the station manager, the assistant station manager, or the department representative all itemized receipts of qualifying repairs; and

1. 4. The station manager, the assistant sta-

tion manager, or the department representative has, to the extent practical, visually verified that repairs were made and parts were repaired/replaced as claimed.

1. (B) The amount spent on qualifying repairs shall—

   1. 1. Not be less than seventy-five dollars

($75) for pre-1981 model year vehicles;

1. 2. Not be less than two hundred dollars

($200) for 1981 and all subsequent model year vehicles;

1. 3. Be inclusive of parts and/or labor

costs paid for repair services, where applicable. Qualified labor costs shall be applied toward a waiver. For qualifying repairs performed by someone other than a qualified repair technician, parts costs, but not labor costs, shall be applied toward a waiver;

1. 4. Not include the fee for an emission

inspection;

1. 5. Not include charges for obtaining a

written estimate of needed repairs;

1. 6. Not include charges for checking for

the presence of emission control devices;

1. 7. Not include costs for repairs per-

formed on the vehicle before the initial emission inspection failure;

1. 8. Not include expenses which are

incurred for the repair of emission control devices which have been found to be tampered with, rendered inoperative, or removed; and

1. 9. Not include costs for emissions

repairs or adjustments covered by an automobile manufacturer’s warranty, insurance policy, or contractual maintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated from other emissions repair costs and shall not be applied toward the waiver cost limitations. The operator of a vehicle within the statutory age and mileage coverage under subsection 207(b) of the federal Clean Air Act shall present from the manufacturer or authorized dealer a written denial of warranty coverage, with a complete explanation, in order for this provision to be waived.

1. (C) The vehicle operator shall present the original of all itemized repair receipts at an emission inspection station in Franklin County or a state quality assurance/waiver facility to demonstrate compliance with the qualifying dollar amount. The itemized repair receipts shall—

   1. 1. Include the name, address, and phone

number of the repair facility;

1. 2. Describe the repairs that were per-

formed;

1. 3. State the labor costs (where applica-

ble) and parts costs for each repair; and

1. 4. Include the name (printed or typed),

signature and if applicable the qualified repair technician ID number of the repair technician that performed the repair work.

1. (D) A waiver affidavit/authorization will be issued by the station manager, the assistant station manager, or the department representative upon determination that the sum of all repair costs as determined from itemized receipts for parts repaired/replaced and/or for qualified labor costs meet the established limits according to subsection (3)(B) of this rule.
2. (E) If the conditions of subsections (3)(A)–(3)(D) of this rule have been met, the station manager, the assistant station manag- 10 CSR 10-5

er, or the department representative shall affix the emission sticker to the vehicle.

1. (4) Reporting and Record Keeping. (Not Applicable)
2. (5) Test Methods. (Not Applicable)

AUTHORITY: section 307.366.4, RSMo Supp. 1999.* Original rule filed Jan. 14, 1997, effective Aug. 30, 1997. Amended: Filed Aug. 4, 2000, effective March 30, 2001. *Original authority: 307.366 RSMo 1983, amended 1984, 1988, 1992, 1994, 1996, 1999, 2000.