Section 18-751. COMPLIANCE WITH EXHAUST EMISSION STANDARDS

 

751.1No motor vehicle shall be allowed to operate on the streets or highways of the District that does not comply with the exhaust emission standards prescribed pursuant to § 752, except as provided in this section.

 

751.2After December 31, 1982, no owner of a motor vehicle shall operate or allow the operation of a vehicle on the streets and highways of the District that does not comply with the exhaust emission standards prescribed pursuant to § 752, except as provided in this section.

 

751.3Prior to December 31, 1982, the Director may not refuse to register any motor vehicle in the District solely because of the exhaust emission levels of the vehicle.

 

751.4The Director may issue a conditional approval, lasting until the next scheduled inspection, for any motor vehicle which is unable to meet exhaust emission standards prescribed in § 752 when the Director has determined that all reasonable repairs, having a minimum value of four hundred fifty dollars ($ 450), have been made and that further repairs are not mechanically nor economically feasible given the age, value, and condition of the vehicle.

 

751.5The cost of any repairs covered by vehicle warranties shall not be included in the four hundred fifty dollars ($ 450) minimum adjusted repair value. The four hundred fifty dollars ($ 450) minimum repair value shall be adjusted annually in January of each year by the percentage, if any, that the Federal Consumer Price Index differs from the Federal Consumer price Index for 1989. After December 31, 1995, repairs shall be performed by an Automotive Emissions Repair Technician who has been certified or recertified pursuant to § 618.

 

751.6An owner shall apply for a conditional approval with the Bureau of Motor Vehicle Services, 301 C Street, Room 1018, Washington, D.C. 20001. Before a vehicle owner may apply for a conditional approval, all exhaust emission components must be in original configuration and in compliance with 18 DCMR § 750.

 

751.7The application shall contain the information requested by the Director including, but not limited to, the following:

 

(a)One (1) written estimate of the cost of repair from a licensed motor vehicle repair facility;

 

(b)Valid receipts and work orders to demonstrate that all reasonable repair work, within the meaning of §§ 751.4 and 751.5, has been completed; and

 

(c)For estimates submitted and repairs performed after December 31, 1995, proof that the estimate was prepared and repair work was performed by a Automotive Emissions Repair Technician who has been issued a certification or recertification pursuant to § 618.4 or 618.5, or who is authorized by a state to perform IM-240 related repairs.

 

751.8In determining whether to grant a conditional approval pursuant to §§ 751.4 and 751.5, the Director shall consider the following factors in addition to the factors listed in §§ 751.4 and 751.5:

 

(a)The primary use of the motor vehicle;

 

(b)The average annual mileage the motor vehicle is operated;

 

(c)The engineering design of the motor vehicle;

 

(d)The cost to repair the motor vehicle in relation to the fair market value of the vehicle; and

 

(e)Whether Federal law or regulation pertaining to imported motor vehicles provides for that motor vehicle to be exempt from the standards set forth in § 752.

 

source

Section 2 of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980, D.C. Law 3-152, 27 DCR 4907 (November 7, 1980), 32 DCRR §§ 6.603 (a) - (c); as amended by Final Rulemaking published at 30 DCR 3904 (August 5, 1983). § 4(b) of the Motor Vehicle Biennial Inspection Amendment Act of 1993, 41 DCR 1014 (March 4, 1994); and by Final Rulemaking published at 41 DCR 4936, 4938 (July 22, 1994).