7 Del. Admin. Code § 1126-8.0
Current through Register Vol. 28, No. 1, July 1, 2024
Section 1126-8.0 - Certified emission repair technicians8.1 Emission repair technician certification 8.1.1 An emission repair technician may be certified as trained to do emission repairs on all makes of vehicles or vehicles of a specific manufacturer. Auto repair technicians seeking to become certified under 7 DE Admin. Code 1126 shall meet one of the following requirements: 8.1.1.1 Applicants that are currently ASE-L1 certified as of 06/11/2012 shall be permitted by the Department for the period the ASE-L1 certification is current.8.1.1.2 New applicants shall be ASE-L1 certified or present certification from an equivalent program which is approved by the Department and the Division.8.1.2 A certified emission repair technician permit or any renewal of that shall be valid for a period not to exceed five years from the date of issuance, unless sooner revoked by order of the Department, and may be renewed on application to and approval by the Department.8.1.3 At the time of application to receive certification, a certified emission repair technician shall also make application in accordance with section 8.3 to receive a permit to conduct drive-cycle testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2 Vehicle drive-cycle testing permit 8.2.1 Applicability. Vehicle drive-cycle testing permits shall be issued to all certified emission repair technicians to conduct drive-cycle testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2.2 General provisions 8.2.2.1 This regulation establishes the procedures that satisfy the requirement of 7 Del.C. § 6706 to provide a permit to certified emission repair technicians to conduct drive-cycle testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2.2.2 Any permit issued by the Department in response to this regulation shall not relieve the certified emission repair technician of the responsibility of following applicable local, State, and Federal laws and regulations.8.2.3 Cancellation of permits. The Department may cancel the vehicle drive-cycle testing permit if the certified emission repair technician fails to maintain their certification as required by subsection 7.1.8.2.4 Action on applications8.2.4.1 If an application is disapproved, the Department shall set forth its objections in the notice of disapproval.8.2.4.2 On issuing the permit for vehicle drive-cycle testing, the Department shall give notice of such approval to any person who has submitted a written request for such notice.8.2.5 Transfer of permit prohibited. A vehicle drive-cycle testing permit is non-transferrable and cannot be transferred from or used by anyone other than the certified emissions repair technician to whom it is issued. No person shall transfer a vehicle drive-cycle testing permit to another person.8.2.6 Availability of permit. Any permit issued by the Department in response to Section 8.0 shall be in the possession of the certified emission repair technician when operating any vehicle that is not in compliance with 21 Del.C. § 2115 in order to conduct drive-cycle testing.8.2.7 Permit expiration. A vehicle on-board diagnostics testing permit or any renewal thereof shall be valid for a period not to exceed five years from the date of issuance, unless sooner revoked by order of the Department, and may be renewed upon application to and approval by the Department.8.3 Permit and certified emission repair technician application8.3.1 Any person identified in subsections 8.1 and 8.2.2 shall submit to the Department a complete application for a vehicle drive-cycle testing permit on forms furnished by the Department. Permit application forms are available online or from the Department on request.8.3.2 The application shall include the following:8.3.2.1 Name and location of auto repair facility where applicant is employed.8.3.2.2 Applicant's emission repair certification information.8.3.2.3 Name of certifying organization.8.3.2.5 Date certification expires.8.3.2.6 Insurance Information (e.g. Shopkeeper's or Garage Keeper's Policy) including policy number, policy expiration date and name of issuing agent.8.3.2.7 The application shall contain the following language from the applicant: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."8.3.3 The applicant shall submit any additional information requested by the Department deemed necessary to process the application.8.4 Permit and certified repair technician certification fees. 8.4.1 Pursuant to with 7 Del.C. § 6706, the Department may establish permit fees to recover costs reasonably related to the issuance of such permits.8.4.2 The permit fee shall be $125 for the five-year period (which shall be a pro-rated permit fee of $25 per year for each year or partial year of the permit) covering the permit and certification of the certified emission repair technician.8.4.3 Permits issued for any period less than five years shall be pro-rated the permit fee $25 per year for each year of the permit.7 Del. Admin. Code § 1126-8.0
26 DE Reg. 598 (1/1/2023) (Final)