Waivers and Time Extensions

September 4, 2020

DPS may issue an emissions testing waiver or time extension to any motorist or vehicle that passes all requirements of the standard safety inspection. An emissions testing waiver or a time extension defers the need for full compliance with the vehicle emissions standards of the vehicle emissions I/M program for a specified period of time after a vehicle fails an emissions test. Applications for emissions testing waivers and time extensions shall be accepted by the DPS.
The motorist may apply once each annual testing cycle for the Low Mileage Waiver, Individual Vehicle Waiver, and Parts Availability Time Extension.

The local DPS waiver/challenge stations are responsible for issuing waivers/time extensions. Contact your local waiver/challenge station for more information regarding a specific waiver/time extension or to make an appointment for application for one of the waivers/time extensions.

If your vehicle fails the re-test and you choose to apply for a waiver, where you have the repairs performed will have a bearing on how much of the emissions-related repairs can be applied toward the waiver.

If you choose a Recognized Emissions Repair Facility of Texas to repair your vehicle, all diagnostic, parts and labor costs associated with the emissions-related repairs go toward the waiver requirements. However, if you choose an independent, non-recognized facility or perform the emissions repairs yourself, only the cost of certain emissions-related parts involved in the emissions-related repairs apply to the waiver requirements.

All receipts related to the repairs must be retained and presented to a Department representative when applying for a waiver.

FORM VIE-7: The VIE-7 (Vehicle Repair Form) must be completed for a customer to receive a re-inspection or to apply for a waiver.  A customer should have a form VIE-7 if they failed the emission inspection. If they do not bring a VIE-7 with them to the waiver station, the form can be accessed here by clicking on VIE-7.

There are four separate waiver and time extension categories. Click on the categories below for details.

Individual Vehicle Waiver

If a motorist's vehicle has failed an emissions test, the motorist may petition the Director of the Department of Public Safety for an Individual Vehicle Waiver. The motorist must demonstrate that:

  1. The motorist has taken every reasonable measure to comply with the requirements of the vehicle emissions I/M program contained in the Revised Texas I/M SIP; and
  2. A waiver shall have minimal impact on air quality.

Reasonable measures are considered to be:

  1. Vehicles diagnosed and repaired at any Recognized Repair Facility, qualify to claim the cost of diagnosis, parts and labor.
  2. Vehicles not diagnosed and repaired at Recognized Repair Facility, qualify to claim the cost of parts only.
  3. Vehicles will be visually inspected by a Texas Department of Public Safety representative to insure that emission repairs being claimed have been performed.
  4. For more information contact your local Texas Department of Public Safety Vehicle Inspection office.

Motorist may apply for the Individual Vehicle Waiver each testing cycle.

Low Income Time Extension

If your vehicle failed the emissions test and your annual income is below the national poverty level, you may be granted a one-year extension.
Motorists may apply for the Low-Income Time Extension every other testing cycle.

Low Mileage Waiver

There is a low mileage exemption for motorists who drive less than 5,000 miles/year. To qualify for this exemption you must:

  1. Fail both the initial test and free retest
  2. Incur $100 of emissions related repairs
  3. Drive less than 5,000 miles/year

If you meet these qualifications then you would qualify for the low mileage waiver. Contact the DPS challenge station in your area for more information on the forms to complete.

Parts Availability Time Extension

A Parts Availability Time Extension may be granted in accordance with the following conditions. First, the applicant must demonstrate to the DPS:

  1. Reasonable attempts were made to locate necessary vehicle emissions control part(s) by retail or wholesale parts suppliers; and
  2. Vehicle emissions-related repairs cannot be completed before the expiration of the inspection certificate or before the 30-day period following an out-of-cycle inspection because the repairs require an uncommon part. Uncommon Part is defined as a part that takes more than 30 days for expected delivery and installation.

When applying for a Parts Availability Time Extension, the applicant shall provide to the DPS:

  1. An original VIR indicating the vehicle failed the emissions test;
  2. An invoice, receipt, or original itemized document indicating the uncommon part(s) ordered by: name; description; catalog number; order number; source of part(s), including name, address and telephone number of parts distributor; and expected delivery and installation date(s). The original itemized document must be prepared by a Recognized Emissions Repair Technician of Texas or the supplier of the part(s) before a Parts Availability Time Extension can be issued.

A Parts Availability Time Extension is not allowed for tampering-related repairs.
If the vehicle does not pass the emissions re-test prior to the expiration of the Parts Availability Time Extension, the applicant must provide to the DPS, adequate documentation that one of the following conditions exists:

  1. The motorist qualifies for Repair Assistance and Retrofit Program or Individual Vehicle Waiver; or
  2. The motor vehicle will no longer be operated in the program area.

A vehicle that receives a Parts Availability Time Extension in one testing cycle must have the vehicle repaired and re-tested prior to the expiration of such extension or must qualify for another type of waiver or time extension, in order to be eligible for a Parts Availability Time Extension in the subsequent testing cycle.

The length of a Parts Availability Time Extension shall depend upon expected delivery and installation date(s) of the uncommon part(s), as determined by the DPS representative on a case-by-case basis. A Parts Availability Time Extension will be issued for either 30, 60 or 90 days. The DPS shall issue a unique time extension sticker for Parts Availability Time Extensions, at no cost to the motorist.