7 Del. Admin. Code § 1126-2.0

Current through Register Vol. 28, No. 1, July 1, 2024
Section 1126-2.0 - Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Alternative fuel vehicle" means any vehicle capable of operating on one or more fuels, none of which are gasoline or diesel, and which is subject to emission testing to the same stringency as a similar gasoline or diesel fueled vehicle.

"ASE L1" means "Advanced Engine Performance Specialist Test" certificate as provided by the National Institute for Automotive Service Excellence. The ASE "Advanced Engine Performance Specialist (L1) Test" contains questions that test technicians' knowledge in the diagnosis and repair of computer-controlled engine systems.

"Carbon dioxide" or "CO2" means colorless, odorless, incombustible gas resulting from oxidation of carbon. It is the primary greenhouse gas emitted through human activities.

"Carbon monoxide" or "CO" means a colorless, odorless gas that can be harmful when inhale in large quantity. Their greatest sources are cars, trucks, or machinery that burn fossil fuels.

"Certified emission repair technician" or "CERT" means an automotive repair technician certified by the National Institute for Automotive Service Excellence and has received an ASE L1 "Advanced Engine Performance Specialist Test" certificate or an equivalent certificate from a program approved by the Department and has been issued a permit by the Department.

"Curb-Idle Test" means an exhaust emissions test sampling and analysis performed while the vehicle engine is operating at or approximately at the vehicle manufacturer's recommended normal curb idle speed.

"Department" means the Department of Natural Resources and Environmental Control of the State of Delaware.

"Director" means the Director of the Division of Motor Vehicles in the Department of Transportation.

"Division" means the Division of Motor Vehicles in the Department of Public Safety of the State of Delaware.

"Dual-fuel vehicle" means a vehicle with two fuel storage tanks capable of operating on more than one fuel type, one of which is gasoline and cannot be operated on a mixture of the fuels.

"Emissions" means products of combustion discharged into the atmosphere from the tailpipe of a motor vehicle engine.

"Emission inspection area" means the emissions inspection area will constitute the entire State effective April 1, 1990.

"Emission standards" means the maximum concentration of hydrocarbons (HC), and carbon monoxide (CO), or any combination thereof, allowed in the emissions from a motor vehicle as established by the Secretary, as described in this regulation.

"Exhaust emission test" means the curb idle test.

"Evaporative system integrity test" means a comprehensive range of testing methods to determine the evaporative emissions levels of your vehicles, engines and fuel system components.

"Failed motor vehicle" means any motor vehicle which does not comply with applicable emission standards, evaporative system function check or on-board diagnostic requirements and emission control device inspection requirements during the initial test or any retest.

"Farm vehicles" or "FV" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of agriculture.

"Flexible fuel vehicle" means any vehicle with one fuel storage tank capable of operating on more than one fuel type, one of which includes gasoline, which must be tested to program standards for gasoline. This is in contrast to alternative fuel vehicles.

"Gross vehicle weight" or "GVW" means the vehicle gross weight as designated by the manufacturer as the total weight of the vehicle and its maximum allowable load.

"High emitting vehicle" or "HEV" means a vehicle with emissions three times the applicable standard established by Table 4-1 for the exhaust emission test. For applicable 1996 and newer vehicles, an HEV means a vehicle with emissions three times the standard for group 5 in Table 4-1.

"Hybrid electric vehicle" means any vehicle that has two power sources: an electric motor to propel its wheels, and a gasoline engine to recharge the vehicle's electrical storage system. In some configurations the gasoline engine also assists the electric motor with propulsion.

"Hydrocarbon" or "HC" means organic compound made of carbons and hydrogen atom. They are found in crude oil and natural gases.

"I/M Subject Vehicle" means a vehicle registered or required to be registered at a residence or business address within a county or district and which is subject to the State of Delaware registration fee pursuant to Delaware Code Title 21. Motor Vehicle § 2143 of the inspection of motor vehicle before registration; exception; vehicle outside State.

"Inspection period" means the two-year (biennial) period beginning the date which the vehicle passes inspection.

"Invalid test condition" means the system is unable to establish a clear result.

"Kit car" means a car, especially a sports car, assembled by the owner from a set of prefabricated parts supplied by the manufacturer. Kit cars should use a complete powertrain matching an existing configuration that has an EPA certificate of conformity. Kit cars must be clearly labeled as to the make, model year, engine family, subfamily, and tune-up specifications represented by the originally certified engine/powertrain donor vehicle.

"Light duty vehicle" means light duty vehicles and light duty trucks, rated up to 14,000 pounds gross vehicle weight rating.

"Malfunction indicator lamp" or "MIL" means the dashboard light on a vehicle that when illuminated indicates an emission control device is not working to the manufacturer's specifications. The MIL is also known as the check engine light.

"Model year" means the year of manufacture of a vehicle as designated by the manufacturer, or the model year designation assigned by the Division to a vehicle constructed by other than the original manufacturer.

"Motor vehicle" means every vehicle, as defined in 21 Del.C. § 101, which is self-propelled, except farm tractors and off-highway vehicles.

"Motor vehicle associate" means a person who has completed an approved emissions inspection equipment training program, who is both authorized and performs vehicle inspection requirements and is employed or under contract with the State of Delaware.

"Motor vehicle officer" means a person who has completed an approved emissions inspection equipment training program and is employed by an official inspection station.

"New model year exemption" means an exemption of a designated range of model year vehicles and refers to new motor vehicles and the initial registration or renewal of vehicles no older than 7 model years. For example, a 2022 model year granted a new model year exemption of seven years would be exempt until the first vehicle inspection due date in calendar year 2028.

"New motor vehicle" means a motor vehicle of the current or preceding model year that has never been previously titled or registered in this or any other jurisdiction and whose ownership document remains as a manufacturer's certificate of origin.

"OBD diagnostic trouble code" or "DTC" means a code that provides information on an OBD equipped motor vehicle's emission control system malfunction status.

"Official inspection station" means all official Motor Vehicle Inspection facilities operated by the Division of Motor Vehicles in the State of Delaware.

"On-board diagnostics" or "OBD" means a system of vehicle component and condition monitors controlled by a central, on-board computer designed to signal the motorist when conditions exist which could lead to a vehicle's exceeding its certification standards by 1.5 times the standard.

"On-Board Diagnostics Test" means providing the driver with an early warning of potentially high emissions and stores important information about detected malfunctions so that a repair technician can accurately find and fix the problem.

"Reasonable cost" means the actual cost of parts and labor which is necessary to cause the failed motor vehicle to comply with applicable emissions standards or which contributes toward compliance. It shall not include the cost of those repairs determined by the Division to be necessary due to alteration or removal of any part of the emission control system of the motor vehicle, or due to any damage resulting from the use of improper fuel in the failed motor vehicle.

"Reconstructed vehicle" means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

"Registered gross vehicle weight (G.V.W.)" means the vehicle gross weight designated by the Division on the vehicle registration card which is the total weight of the vehicle and its maximum allowable load.

"Registration denial" means the rejection of an application for initial registration of a vehicle or re-registration of a used vehicle (i.e., a vehicle being registered after the initial retail sale and associated registration) unless the vehicle has complied with the program requirement before granting the application.

"Repair Waiver" means an exemption issued to a motor vehicle that, after initial I/M inspection and subsequent vehicle repair and re-inspection, does not comply with the applicable emissions testing standards and requirements and has received emission system repairs to a cost amount up to the repair waiver expenditure limit, but which cannot be repaired for reasonable cost, per the requirements of Section 7.0.

"Repair Waiver Expenditure Limit" means the minimum cost of vehicle repairs required to be completed in order to qualify for a waiver.

"Sale" or "sell" means the transfer of equitable or legal title to a motor vehicle or motor vehicle engine to the ultimate purchaser.

"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control.

"Standards" means a standard of performance.

"Subject fleet vehicle" means any vehicle owned, leased, or operated by an individual or entity granted a vehicle emissions testing.

"Subject vehicle" means the vehicle being tested.

"Tampering" means remove or make inoperable any system or device used to control emissions from a motor vehicle engine.

"Unsafe condition" means a vehicle which presents an immediate safety hazard.

"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting off-highway vehicles.

"Vehicle type" means the EPA classification of motor vehicles by weight class which includes the terms light duty and heavy-duty vehicle.

"Visual Catalyst Inspection" means inspections of subject emission control devices if such devices are found to be incorrect for the certified vehicle configuration under inspection. Aftermarket parts, as well as original equipment manufacturer parts, may be considered correct if they are proper for the certified vehicle configuration.

"Waiver" means an exemption issued to a motor vehicle that cannot comply with the applicable emissions standard and cannot be repaired for reasonable cost.

7 Del. Admin. Code § 1126-2.0

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