Emissions Inspection Waivers

Excessive emissions or inappropriate waivers could impact consumers and NY’s ability to end the NYTEST program in the New York Metropolitan Area. As such, it is important that inspection stations understand when and how to issue these waivers.

This is a brief summary of the circumstances which must be present in order for an inspection station to legitimately issue an emissions waiver:

1. The vehicle in question has failed the initial emissions inspection
2. The safety inspection has been passed
3. All Emissions Control Devices have passed (present and connected)
4. At least $450 of emissions repairs have been made that specifically address the reason for the initial failure
5. The vehicle in question still fails the emissions inspection

Here are some common problems reported by DMV from waiver audits:

1. Pre-scanning vehicles before inspection. Repairs performed before the initial emissions inspection failure do not count toward the criteria for issuing an emissions waiver. Even if it is obvious that that the vehicle will fail, you should not pre-scan, but should inspect first. Repairs used to qualify for the waiver must relate to the reason for that failure. If there is no failure, then there is no way to determine if the repairs are proper. If the vehicle fails, all repairs after the failure and related to the failure will count toward the $450 waiver threshold.
2. An improper entry of emissions repairs such as entering repairs not emissions-related or entering costs incorrectly. The inspector should enter costs in whole dollars. Non-emissions related items such as brakes, etc., do not count. The reason why repairs were made must be documented. It’s not enough to replace spark plugs, the reason why the plugs were replaced must be documented. What codes or diagnosis led to that repair?
3. The waiver form as printed by the NYVIP unit must be properly signed by the motorist and the certified inspector and maintained by the facility.

Additionally, although it is not necessarily improper to issue a waiver after repair when the monitors are not ready, the repair shop should document what they did to try to set the monitors.

It is very important to retain copies of all invoices and parts receipts for the repairs list to qualify for the waiver. It is also very important to get the motorist’s signature on the completed waiver form and to keep all these documents for two years.

The specific rules and requirements can be found in the Inspection Regulations, section 79.25 on the DMV website. If a facility needs a copy of the Inspection Regulations, they may call the Vehicle Safety Supply Unit at 518-474-3375 and one can be mailed to them.

If you have any questions regarding this issue, please contact the Office of Clean Air at 518-473-0597