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.

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 the counties of Franklin, St. Charles, Jefferson, St. Louis and the City of St. Louis and that have failed an emission reinspection.

2. (2) Issuance of a Waiver.

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

      1. 1. A maximum of twenty (20) days has

not elapsed since the original inspection, excluding Saturdays, Sundays and state holidays;

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

tial emission inspection, has had repairs made appropriate to the test failure, and has failed an emission reinspection;

1. 3. The vehicle operator shall take the

vehicle to a state quality assurance/waiver facility and shall present to 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. 4. The vehicle operator shall present all

itemized receipts of qualified repairs. The dollar value shall be sufficient to meet the limits established for the model year of the vehicle and were made between the initial inspection rejection and the reinspection Specific to the St. Louis Metropolitan Area

rejections. Qualified repairs are those pertaining to the emissions failure only, and whose total costs are determined from itemized receipts for parts repaired/replaced and/or qualified labor costs;

1. 5. To the extent practical, the depart-

ment representative will visually verify that repairs were made and parts were repaired/replaced as claimed. A waiver affidavit/authorization will be issued by the department representative upon determination the qualified repair costs meet the established limits; and

1. 6. The vehicle operator returns to the

original safety/emission inspection station for the affixing of the emission sticker to the vehicle.

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

   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 qualifying emission repair services, where applicable. Qualified labor costs which may be applied toward a waiver are those labor costs incurred from Missouri State Highway Patrol (MSHP) licensed inspector/mechanics. Qualified labor costs shall be applied toward a waiver. For qualifying emission repair services performed by someone other than an MSHP licensed inspector/mechanic, parts costs, but not labor costs, shall be counted toward the established waiver minimums;

1. 4. Only include items determined to be

appropriate as a possible cause of the test failure;

1. 5. Not include the fee for an emission

inspection;

1. 6. Not include charges for obtaining a

written estimate of needed repairs;

1. 7. Not include charges for checking for

the presence of emission control devices;

1. 8. Not include costs for repairs per-

formed on the vehicle before the initial inspection failure;

1. 9. 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. 10. 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 the state quality assurance/waiver facility to demonstrate compliance with the qualifying dollar amount. The 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 MSHP inspector ID number of the inspector/mechanic that performed or supervised the repair work.

AUTHORITY: section 307.366.4, RSMo Supp. 1996.* Original rule filed Jan. 14, 1997, effective Aug. 30, 1997. *Original authority 1983, amended 1984, 1988, 1992, 1994, 1996.