I Found An Emissions Loophole!!!

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Old 10-04-2006, 12:10 PM
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Default I Found An Emissions Loophole!!!

According to a note at the bottom of TX DOT code 501.0276...as told to me by the lady at the tax office when I told her my car had no cats...vehicles 1997 and newer with less than 50,000 actual miles are EXEMPT from Texas emissions laws. How about that.
Old 10-04-2006, 12:13 PM
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Are you saying that you do not need cats under this law?
Old 10-04-2006, 12:16 PM
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You probably still need cats, but have an exemption from smog testing.
Old 10-04-2006, 12:20 PM
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I thought 96 & newer were exempt anyway
Old 10-04-2006, 12:25 PM
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Don't they have to pass a visual inspection?? I mean, they don't test the emissions, but the inspectors supposed to make sure that they're there.
Old 10-04-2006, 12:27 PM
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Exclamation

Originally Posted by BizZzatch350
You probably still need cats, but have an exemption from smog testing.
ALL cars that came with cats, need them.
Old 10-04-2006, 12:34 PM
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So what your saying is the DOT is wrong and the fact that when the lady asked whats wrong with your car? and I told her it has no cats, she said I dont need them, then she read me the law from the book word for word, that means its up to Joe Blow fukin mechanic to interperate that law however he sees fit? Im going to get my car inspected.
Old 10-04-2006, 12:40 PM
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lol... good luck. Make sure you point out to the inspector that your car has no cats.
Old 10-04-2006, 12:44 PM
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Ill let you guys know how it turns out, If Im wrong, Ill admit it, but if Im right, Im gonna rub it in.
Old 10-04-2006, 12:55 PM
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Originally Posted by 1Last69
According to a note at the bottom of TX DOT code 501.0276...as told to me by the lady at the tax office when I told her my car had no cats...vehicles 1997 and newer with less than 50,000 actual miles are EXEMPT from Texas emissions laws. How about that.
Looks like it's only valid if you're titling the car - you don't have to show that it's passed emissions in order to get your title.

It won't get you out of your annual sticker.



Texas Transportation Code Section 501.0276


DENIAL OF TITLE RECEIPT OR CERTIFICATE OF
TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. A county
assessor-collector may not issue a title receipt and the department
may not issue a certificate of title for a vehicle subject to
Section 548.3011 unless proof that the vehicle has passed a vehicle
emissions test as required by that section, in a form authorized by
that section, is presented to the county assessor-collector with
the application for certificate of title.

Added by Acts 2001, 77th Leg., ch. 1075, § 3, eff. Sept. 1, 2001.

Texas Transportation Code Section 548.3011


EMISSIONS TEST ON RESALE. (a) This
section applies only to a vehicle:
(1) the most recent certificate of title for which or
registration of which was issued in a county without a motor vehicle
emissions inspection and maintenance program; and
(2) the ownership of which has changed and which has
been the subject of a retail sale as defined by Section 2301.002,
Occupations Code.
(b) Notwithstanding Subsection (a), this section does not
apply to a vehicle that is a 1996 or newer model that has less than
50,000 miles.
(c) A vehicle subject to this section is not eligible for a
title receipt under Section 501.024, a certificate of title under
Section 501.027, or registration under Chapter 502 in a county with
a motor vehicle emissions inspection and maintenance program unless
proof is presented with the application for certificate of title or
registration, as appropriate, that the vehicle, not earlier than
the 90th day before the date on which the new owner's application
for certificate of title or registration is filed with the county
clerk or county assessor-collector, as appropriate, has passed an
approved vehicle emissions test in the county in which it is to be
titled or registered.
(d) The proof required by Subsection (c) may be in the form
of a Vehicle Inspection Report (VIR) or other proof of program
compliance as authorized by the department.

Added by Acts 2001, 77th Leg., ch. 1075, § 9, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.834, eff. Sept.
1, 2003.
Old 10-04-2006, 01:55 PM
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1997 and newer are exempt from smog testing only, but a visual inspection is still done at most shops. These are OBDII cars, and they just pass/fail you if you have a check engine light on or more than a couple stored SES codes.

Catalytics are still required by law. It is just that a properly functioning OBDII system will report bad cats. That is what they are relying on happening.
Old 10-04-2006, 02:43 PM
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Catalytic Coverters are a FEDERAL law, not state law, where in if your car came with them, it needs them..
Old 10-04-2006, 02:54 PM
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Not only can you get fucked for admitting that your cats are not on your car, the person/company can get a HEFTY fine for removing them. I do believe it is a felony... but here it is from TxDOT

20.14 Exhaust Emission System. The owner or operator of any new motor vehicle or new motor vehicle engine beginning with the model year 1968 equipped with an exhaust emission system shall maintain the exhaust emission system in good operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated. The owner or operator of the motor vehicle or motor vehicle engine shall not remove or intentionally make inoperable within the state of Texas the exhaust emission system or any part thereof, except where the purpose of removal of the exhaust emission system or part thereof is to install another exhaust emission system or part thereof, which is intended to be equally effective in reducing atmospheric emissions from the vehicle or engine.

The exhaust emission system was installed by manufacturers of motor vehicles beginning with model year 1968. The inspection of the exhaust emission system will apply only to those vehicles that are equipped with such a system. The following exhaust emission systems will be inspected if installed as original equipment by the manufacturer: thermostatic air cleaner, exhaust gas recirculation system, positive crankcase ventilation system, air injection system, evaporative emission system, and/or catalytic converter.

If installed as original equipment by the manufacturer, the catalytic converter will be considered a part of the exhaust emission system on all 1984 and later model vehicles. It will be inspected as a part of the exhaust system on prior to 1984 model vehicles.

NOTE: The inspection of the exhaust emission system shall not apply to motor vehicles altered and modified to use only a fuel other than gasoline.

NOTE: Vehicles using liquefied petroleum gas as fuel or a combination of liquefied petroleum gas and any other fuel must bear a liquefied gas tax decal on the windshield lower right-hand corner showing this vehicle uses liquefied petroleum gas, before a safety inspection certificate can be issued.

NOTE: A motor vehicle that uses liquefied petroleum gas that is operated by a public school district or county in this state is not required to have a liquefied gas tax decal or special use liquefied gas tax decal.

1. Inspection Procedure. Examine visually.
2. Inspect for and reject if:
a. The exhaust emission system has been removed.
b. The exhaust emission system has been disconnected.
c. The plumbing or hoses are loose, broken, leaking, or improperly routed.
d. Air pump (air injection-type) belt is loose, removed, excessively cracked, frayed or has pieces missing.
e. The exhaust emission system has been altered in any manner to make it ineffective.
f. The catalytic converter has been removed, leaking, or disconnected on a 1984 or later model vehicle.


Section 203 (a) (3)(A)(B) of the Federal Clean Air Act prohibits the removal of any emissions parts, and carries a maximum penalty of $25,000 PER DAY OF INFRACTION

Last edited by DSIM; 10-04-2006 at 03:09 PM.
Old 10-05-2006, 11:23 AM
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Yeah, it looks like Im stuck, I had a helluva time getting anyone to listen. I said Id admit if I was wrong, and I was wrong. Im very frustrated with the fact that Ive had this car since May and Ive dumped thousands into it and still have more to go to even get this car in my name. They wont even let me pay the taxes and put it in my name yet. My insurance comany is getting frustrated and so am I.
Old 10-05-2006, 11:27 AM
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If it is current in its inspection, then there shouldnt be a problem. However, if it isnt... then unfortunately you are going to have to play by the states rules.
Old 10-05-2006, 11:35 AM
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See, I started my hot rodding in GA and SC, where there are NO inspections and you had to register your car every 2 years, and this car came from an inspection free state. Out there you could do whatever you wanted to your car and not be hassled about it. Im not used to all this political crap that only takes your money. Theres nothing good about this state and I cant wait to leave it again.
Old 10-05-2006, 12:12 PM
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Originally Posted by 1Last69
Im not used to all this political crap that only takes your money. Theres nothing good about this state and I cant wait to leave it again.
that so awesome to hear someone say something like that... cuz i'm from Massachusetts, and compared to there, TX is the wild wild west and has like no laws
Old 10-05-2006, 12:15 PM
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Wow, I couldnt imagine, is it like a prison camp?
Old 10-05-2006, 12:35 PM
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Originally Posted by slayer_taunu
that so awesome to hear someone say something like that... cuz i'm from Massachusetts, and compared to there, TX is the wild wild west and has like no laws
PLeez, try coming from California...
Old 10-05-2006, 01:05 PM
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Originally Posted by 1Last69
Wow, I couldnt imagine, is it like a prison camp?
the home of Ted Kennedy... need i say more?

the shtty roads, the unfixable traffic problems, the taxes, the cost of housing, the weather, the state police that dress like ***** and act like them too, the angry extremist liberal hate-speak political climate...

about the only thing i like about MA is the historical stuff, the nightlife is pretty good, and the fact that i grew up on high-quality seafood is something that is hard to leave.



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