§ 55-4-128 — Emissions test grace period - Waiver

(a) The owner of any motor vehicle who resides in any county in which the issuance or renewal of the certificate of registration, or any registration plates issued pursuant to chapters 1-6 of this title, or a city or county vehicle inspection sticker, for a motor vehicle depends upon the successful completion of a motor vehicle emissions test, shall be: (1) Given a grace period of thirty (30) days from the date fixed for issuance or renewal in which to effect necessary repairs and successfully complete the emissions test for any motor vehicle that does not successfully complete an emissions test administered prior to the date fixed for issuance or renewal, and repairs necessary to pass the test cannot be effected prior to that date; (2) Issued an inspection certificate by the motor vehicle emissions testing authority which shall state on its face the date the emissions test was administered and failed, and that a thirty-day grace period shall apply to that motor vehicle; and (3) The air pollution control board, created by § 68-201-104 , shall promulgate rules providing conditions under which owners of motor vehicles that do not successfully complete an emissions test may apply for waivers or variances. The rules may set appropriate conditions for waivers that are consistent with federal as well as state law and consider the expenditures made by the owner in order to come into compliance. (b) Possession of a duly authorized inspection certificate issued pursuant to subsection (a) shall be deemed possession of a valid certificate of registration, registration plate, and inspection sticker for the duration of the authorized grace period provided by subsection (a).

Legislative History

Acts 1985, ch. 339, § 1; 1995, ch. 153, § 1; 2004, ch. 926, § 1.