Excessive Emissions Waivers

The Department of Motor Vehicles has become aware of an increase in the number of emissions inspection waivers being issued. We recognize that there are circumstances that allow the legitimate issuance of an emissions waiver; however, we are concerned about the high numbers of waivers issued.

As such, we want to ensure that facilities understand when and how to issue these waivers. We also want to make you aware of what we are doing to ensure New York State is in compliance with the Environmental Protection Agency mandated emissions waiver requirements.

Vehicle Safety is currently conducting increased audits of selected facilities. If problems are found during an audit, you will be in jeopardy of having your facility license suspended or permanently revoked. Stations and Certified Inspectors charged with violations may be brought to an Administrative Hearing and face possible fines, suspension or revocation.

Below 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 we are seeing in 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. You should not pre-scan, but should inspect first. 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.
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.

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

You should review the proper emissions waiver procedure with your inspectors and verify all waivers issued in your business are issued appropriately.

If you have any questions regarding this issue, contact the Office of Clean Air at 518-473-0597 or your local Vehicle Safety Regional Office.