NAC445B.590. Waiver of standards for emissions.

     1. Only the Department may grant a waiver:

     (a) From the standards for emissions as set forth in:

          (1) Subsection 3 of NAC 445B.576; or

          (2) NAC 445B.596; or

     (b) For a motor vehicle that fails an inspection pursuant to paragraph (b) of subsection 4 of NAC 445B.5805.

     2. An application for a waiver from the provisions of NAC 445B.596 for a motor vehicle powered by gasoline that is subject to an inspection pursuant to:

     (a) NAC 445B.594 must include receipts from an authorized station that at least $200 has been spent on parts other than a catalytic converter, fuel inlet restricter or air injection system or on labor other than emission testing if the repairs evidenced by the receipt were directly related to the deficiency in emissions. If the vehicle is repaired by the owner, the application must include receipts or other evidence that at least $200 has been spent on parts other than a catalytic converter, fuel inlet restricter or air injection system purchased within 14 calendar days after the initial emissions test. No allowance will be permitted for labor on vehicles repaired by the owner.

     (b) NAC 445B.593 must include receipts from an authorized station that at least $450 has been spent on parts other than a catalytic converter, fuel inlet restricter or air injection system or on labor other than emission testing if the repairs evidenced by the receipt were directly related to the deficiency in emissions.

     3. Except as otherwise provided in subsection 4, an application for a waiver for a light-duty motor vehicle powered by a diesel engine or a heavy-duty motor vehicle that is powered by a diesel engine and has a manufacturer’s gross vehicle weight rating which does not exceed 14,000 pounds from the provisions of subsection 3 of NAC 445B.576 must include:

     (a) A copy of the original certificate indicating that the vehicle failed to comply with the provisions of subsection 3 of NAC 445B.576; and

     (b) Receipts or other evidence that at least $750 has been spent on:

          (1) Parts other than required emission control equipment; or

          (2) Labor other than emission testing if the repairs evidenced by the receipt were directly related to the deficiency in emissions.

Ê Receipts must be dated within 14 calendar days after the date of issuance of the certificate indicating that the vehicle failed to comply with subsection 3 of NAC 445B.576.

     4. If the owner of a motor vehicle specified in subsection 3 repairs the vehicle, an application for a waiver from the provisions of subsection 3 of NAC 445B.576 must include:

     (a) A copy of the original certificate indicating that the vehicle failed to comply with the provisions of subsection 3 of NAC 445B.576; and

     (b) Receipts or other evidence that at least $500 has been spent on parts other than required emission control equipment. No allowance will be permitted for labor on a vehicle repaired by the owner.

Ê Receipts must be dated within 14 calendar days after the date of issuance of the certificate indicating that the vehicle failed to comply with subsection 3 of NAC 445B.576.

     5. In addition to any information required pursuant to subsection 2, an application for a waiver for a motor vehicle that fails an inspection pursuant to paragraph (b) of subsection 4 of NAC 445B.5805 must include:

     (a) A copy of the original certificate indicating the motor vehicle failed the inspection; and

     (b) Any other information required by the Department.

     6. The Department will deny an application for a waiver if the parts have not been installed or the repairs performed as indicated on the receipts presented to the Department.

     7. The Department will allow registration of the vehicle if:

     (a) The provisions of NAC 445B.582 have been complied with; and

     (b) The Department finds after inspection that additional costs exceeding the minimum established in this section are needed to bring the vehicle into compliance.

     8. A vehicle which qualifies for repairs under a warranty is not eligible for a waiver.

     9. A waiver permits the registration of the vehicle.

     [Environmental Comm’n, Engine Emission Control Reg. § 3.14.1, eff. 1-10-78; A and renumbered as § 3.15.1.1, 12-20-79; § 3.14.2, eff. 1-10-78; A and renumbered as § 3.15.1.2, 12-20-79; § 3.14.3, eff. 1-10-78; A and renumbered as § 3.15.1.3, 12-20-79; § 3.14.5, eff. 1-10-78; A and renumbered as § 3.15.1.4, 12-20-79; § 3.15.1, eff. 1-10-78; A 12-20-79; § 3.15.4, eff. 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; A by Environmental Comm’n, 12-26-89; 11-23-92; R033–98, 5-14-98; R171-07, 4-17-2008; R130-09, 1-28-2010)