7 Del. Admin. Code § 1126-1.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1126-1.0 - Applicability and general provisions

1.1 Applicability

1.1.1 Except as provided in subsection 1.2, the standards, requirements and procedures set forth in this regulation are applicable to all motor vehicles, model years 1968 and newer with the exception of the seven newest model years, titled and registered within Sussex County and as specified by the Department, including any motor vehicles owned or operated by the federal, state and local governments and their agencies.

1.1.2 Except as exempted in subsection 1.2, the requirements shall apply to all 1968 and later model year, light duty passenger cars and 1970 and later model year trucks up to 14,000 pounds gross vehicle weight rating registered in Sussex County. beginning on January 11, 2023.

1.1.3 The requirements of Section 8.0 shall apply to all certified emission repair technicians in the State of Delaware.

1.1.4 In accordance with 21 Del.C. § 2143, no motor vehicle that is subject to this regulation may be granted registration in the State of Delaware unless the motor vehicle is in compliance with the applicable emissions standards, regardless of its pass/fail status of other tests normally performed at the official inspection station.

1.2 Exemptions. The following motor vehicles are exempt from the requirements of this regulation:

1.2.1 The seven most recent model years of light duty passenger cars and trucks.

1.2.2 Vehicles manufactured and registered as Kit Cars.

1.2.3 Tactical military vehicles used exclusively for military field operations.

1.2.4 All motor vehicles with a manufacturer's gross vehicle weight over 14,000 pounds.

1.2.5 All motorcycles and mopeds.

1.2.6 All vehicles powered solely by electricity generated from solar cells or stored in batteries.

1.2.7 Non-road sources or vehicles not operated on public roads.

1.2.8 Model year vehicles 1996 and older powered solely by diesel fuel.

1.2.9 Any motor vehicle that is more than 25 years old with a title brand of "reconstructed" that does not qualify to be registered as an antique motor vehicle. The vehicle must continue to meet and be inspected for safety pursuant to 21 Del.C. § 2147.

1.2.10 A motor vehicle registered as an antique motor vehicle, or a street rod shall be exempt from annual inspection pursuant to 21 Del.C. § 2198. A motor vehicle must pass an initial inspection prior to the motor vehicle being registered as an antique motor vehicle which shall be consistent with the established model year testing procedures as described in Section 4.0, "Vehicle inspection requirements.

1.2.11 Any Farm vehicle with license plates ("FV" tags) are exempt from inspection pursuant to 21 Del.C. § 2113. Any vehicle or trailer upon which a "FV" tag is affixed must be used exclusively in the operative of a farm.

1.3 General provisions

1.3.1 Vehicles shall be pre-inspected by DMV prior to the emission inspection and shall be prohibited from testing should any unsafe conditions be found. These unsafe conditions include but are not limited to significant exhaust leaks and significant fluid leaks. The Division and the Department shall not be responsible for major vehicle component failures during the test, of including parts which were deficient or excessively worn prior to the start of the test.

1.3.2 Vehicles shall be rejected from testing, as covered in this regulation, if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition for testing.

1.3.3 Effective January 11, 2023 for vehicles registered in Sussex County, in order to qualify for a waiver under Section 7.0 on any 1996 or later model year vehicle, emission repairs shall be performed by a certified emission repair technician as defined in Section 8.0.

1.3.4 Vehicles with engines of a model year older than the chassis model year shall be required to pass the standards commensurate with the chassis model year.

1.3.5 Mixing vehicle classes (e.g., light duty with heavy duty) and certification types (e.g., California with Federal) within a single vehicle configuration shall be considered tampering.

1.3.6 Subject vehicles which are registered in the program area but are primarily operated in another area shall be tested, either in the area of primary operation, or in the area of registration. Alternate schedules may be established to permit convenient testing of these vehicles (e.g., vehicles belonging to students away at college should be rescheduled for testing during a visit home).

1.3.7 Vehicles which are operated on Federal installations located within the State of Delaware shall be tested. This requirement applies to all employee owned or leased vehicles (including vehicles owned, leased, or operated by civilian and military personnel on Federal installations) as well as federal or state owned or operated vehicles, except tactical military vehicles, operated on the installation.

1.3.7.1 This requirement shall not apply to visiting agency, employee, or military personnel vehicles as long as such visits do not exceed 60 calendar days per year.

1.3.7.2 In areas without test fees collected in the lane, arrangements shall be made by the installation with the program for reimbursement of the costs of tests provided for agency vehicles, at the discretion of the Director. The installation manager shall provide documentation of proof of compliance to the Director. The documentation shall include a list of subject vehicles and shall be updated periodically, as determined by the Director, but no less frequently than each inspection cycle. The installation shall use one of the following methods to establish proof of compliance:

1.3.7.2.1 Presentation of a valid certificate of compliance from the program, from any other program at least as stringent as the program described herein, or from any program deemed acceptable by the Director.

1.3.7.2.2 Presentation of proof of vehicle registration within the geographic area covered by the program, except for any Inspection and Maintenance program whose enforcement is not through registration denial.

1.3.7.2.3 Another method approved by the Director.

1.3.8 Vehicles that have been switched from an engine of one fuel type to another fuel type that is subject to the program (i.e., from diesel engine to a gasoline engine) shall be subject to the test procedures and standards for the current fuel type.

1.3.9 Vehicles that are switched to a fuel type for which there is no certified configuration shall be tested according to the most stringent emission standards established for that vehicle type and model year. Emission control device requirements may be waived if the Division determines that the alternatively fueled vehicle configuration would meet the new vehicle standards for that model year without such devices.

1.3.10 Vehicles converted to run on alternate fuels, frequently called a dual-fuel vehicle, shall be tested and required to pass the most stringent standard for each fuel type.

1.3.11 Alternative fuel vehicles powered solely by a "clean fuel" such as compressed natural gas, propane, alcohol and similar non-gasoline fuels shall report for inspection to the same emission levels as gasoline powered cars until standards for clean fuel vehicles become available and are adopted by the State.

1.3.12 Dual-fuel vehicles able to be powered by more than one fuel, such as a clean fuel (compressed natural gas) and/or gasoline, shall report for inspection to the same emission levels as gasoline powered cars until standards for clean fuel vehicles become available and are adopted by the State.

1.3.13 Hybrid electric vehicles shall report for inspection to the same emission levels as gasoline powered cars until standards for hybrid electric vehicles become available and are adopted by the State.

1.4 Inspection Facility Requirements

1.4.1 Motor Vehicle associates employed by the Division shall meet the requirements specified in Section 1.0.

1.4.2 Test equipment used by the Division shall be a type approved by the Department and testing procedures shall be conducted.

1.4.3 No person employed by the Division to test motor vehicle emissions shall engage in or have an interest in the operation of repair facilities located in this State; perform emission related repairs for compensation; or recommend repair facilities to owners or operators of vehicles being tested.

1.5 Certification of Motor Vehicle Associates

1.5.1 In accordance with 40 CFR 51.367(c), a person may not perform the duties of a motor vehicle associate for testing motor vehicle emissions or operating emission testing equipment to determine the compliance or noncompliance of a motor vehicle as required by this regulation at an official inspection station unless that person has applied for and has received certification in accordance with the provision as established by the Division.

1.5.2 To become certified, a person shall successfully complete a training course for this purpose approved by the Division.

1.6 Calibration and Test Procedures and Approved Equipment

1.6.1 All emissions testing for the purpose of determining compliance with emissions standards shall be performed using equipment approved by the Department.

1.6.2 Calibration: The calibration of equipment shall be in accordance with provisions established by the Division in accordance with 40 CFR 51.359.

1.6.3 Test Procedures: The vehicle emissions test shall be performed in accordance with provisions established by the Division in order to meet the requirements in 40 CFR 51.357.

7 Del. Admin. Code § 1126-1.0

26 DE Reg. 598 (1/1/2023) (Final)