Section 131.04. Waiver of compliance.

 

(1)   Eligibility. A vehicle which fails the initial inspection, and which after repair or adjustment, or both, again fails the inspection, shall be eligible for a waiver of compliance valid until the next required inspection of the vehicle provided the following conditions are met:

(a) For all 1996 and newer model year vehicles which have not exceeded the terms of the manufacturer's emission performance or defect warranty coverage at the time of the scheduled emission inspection, the operator shall either present a written statement from a vehicle dealership or other manufacturer's designated agent declaring that the vehicle is not eligible for emission control system warranty work, or present a dated invoice indicating that the vehicle has received eligible emission control system warranty work.

(b) The emission related repairs and adjustments made to the vehicle's emission control system, including cost for parts and labor, have been performed on the vehicle within 180 days prior to renewal of annual registration or within 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the person performing the repairs, unless the repair information is reported electronically, upon performance of the repair. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the waiver investigator.

(c)

1. For all vehicles which have exceeded the terms of the manufacturer's emission performance or defect warranty coverage at the time of the scheduled emission inspection, the owner shall have emission related repairs performed on the vehicle at a recognized repair facility as defined in s. Trans 131.02 (39) or by a recognized automotive emission repair technician as defined in s. Trans 131.02 (38) . The operator shall present a vehicle inspection report with the repair information section completed according to s. Trans 131.03 (13) , unless it is reported electronically, upon performance of the repair. The statement shall contain the actual cost of emission related repairs performed on the vehicle including itemized costs for parts and labor. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost and date of repair shall be provided to the waiver investigator.

2. Proof of recognized automotive emission repair technician training shall consist of either ASE certification in level L1, or valid documentation indicating successful completion of a WISETECH course under s. Trans 131.16 or an equivalent program as determined by the department.

(d) The vehicle shall pass a waiver emission equipment inspection as described in s. Trans 131.05 .

(2)   Criteria. A vehicle which meets the eligibility requirements of sub. (1) may receive a waiver of compliance valid until the next required inspection of the vehicle if it meets any one of the following conditions:

(b) Technical difficulties in the manufacturer's design or construction of the vehicle or restrictions imposed by the department on the operation of vehicles registered under s. 341.14 (1m) , Stats., prevent emission inspection of the vehicle.

(c) After repairs are performed by a recognized automotive emission technician, a complete, documented, physical and functional diagnosis and inspection performed at a technical assistance center by the master automotive technician or at another facility by an inspector designated by the department to perform the functions of a technical assistance center shows that no additional emission related repairs could produce a passing result.

(d) If the owner is in compliance with the requirements set forth in s. 110.20 (13) , Stats., the department shall issue a waiver of compliance as required by s. 110.20 (13) , Stats.

Cr. Register, June, 1993, No. 450 , eff. 7-1-93; emerg. am. (1) (intro.), (a) and (b), (2) (intro.), (a) and (b), r. and recr. (1) (c), cr. (1) (d) and (2) (c), eff. 12-4-95; am. (1) (intro.), (a), (b), (2) (intro.), (a), (b), r. and recr. (1) (c), cr. (1) (d), (2) (c), Register, April, 1996, No. 484 , eff. 5-1-96; am. (1) (intro.), Register, May, 2001, No. 545 , eff. 6-1-01; CR 01-121 : am. (1) (b), Register March 2002 No. 555 , eff. 4-1-02; CR: 07-114: am. (1) (intro.), (a), (b) and (c) 1. and 2., r. (2) (a), cr. (2) (d) Register June 2008 No. 630 , eff. 7-1-08; CR 10-088 : am. (2) (b) and (c) Register December 2010 No. 660 , eff. 1-1-11.