06- 096 C.M.R. ch. 127, § 2

Current through 2024-46, November 13, 2024

Section 096-127-2 - Definitions

A.Add-on part. "Add-on part" means any aftermarket part which is not a modified part or a replacement part.

B. Aftermarket part. "Aftermarket part" means any part of a motor vehicle emission control system sold for installation on a vehicle after the original retail sale of the vehicle.

C.Auxiliary Power System. "Auxiliary Power System" or APS means any device that is permanently dedicated to the vehicle on which it is installed and provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab and/or sleeper berth, bus's passenger compartment or any other commercial vehicle's cab, as an alternative to idling the primary diesel engine.

D. California-certified. "California-certified" means having a valid executive order and approved by CARB for sale in California.

E.CARB. "CARB" means the California Air Resources Board.

F.Consolidated part. "Consolidated part" means a part which is designed to replace a group of original equipment parts.

G.Dealer. "Dealer"means any person engaged in the business of selling, offering to sell, soliciting or advertising the sale of new vehicles who holds a valid sales and service agreement, franchise or contract, granted by the manufacturer or distributor for the retail sale of said manufacturer's or distributor's new vehicles.

H.Delivered for sale. "Delivered for sale" means delivered for sale or for lease in Maine.

I.Emergency vehicle. "Emergency vehicle" means any authorized vehicle publicly owned and operated that is used by a peace officer, used for fighting fires or responding to emergency fire calls, used by emergency medical technicians or paramedics, used for towing or servicing other vehicles, used for repairing damaged lighting or electrical equipment.

J.Emission Control Labels. "Emission Control Labels" means a paper, plastic, metal or other permanent material, welded, riveted or otherwise permanently attached to an area within the engine compartment (if any) or to the engine in such a way that it will be visible to the average person after installation of the engine in all new vehicles certified for sale in California, in accordance with Title 13, California Code of Regulations, Section 1965.

K.Environmental Performance Label. "Environmental Performance Label" means a paper or plastic decal securely affixed by the manufacturer to a window of all passenger cars, light-duty trucks, and medium-duty passenger vehicles which disclose the global warming and smog score for the vehicle in accordance with Title 13, California Code of Regulations, Section 1965.

L.Emissions-related part. "Emissions-related part" means any automotive part, which affects any regulated emissions from a motor vehicle which is subject to California or federal emission standards. This includes, at a minimum those parts specified in the "Emissions-Related Parts List," adopted by the California Air Resources Board.

M.Federal Fuel Economy and Environmental Label. "Federal Fuel Economy and Environmental Label" means a Federal Label that is affixed by the manufacturer to a window on all 2013 (optionally in 2012) and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles and is compliant with the federal "Fuel Economy and Environmental Label" published in 40 CFR Parts 85, 86 and 600 as promulgated on July 6, 2011."

N.Fleet average emission. "Fleet average emission" means a vehicle manufacturer's average vehicle emissions of all greenhouse gases, non-methane organic gases (NMOG), or NMOG plus oxides of nitrogen (NOx), as applicable, from all new vehicles delivered for sale or lease to Maine in any applicable model-year based on the calculation in Title 13 California Code of Regulations, Sections 1960.1(g)(2), 1961, 1961.1, or 1961.3

O.Greenhouse gas. "Greenhouse gas" means the following gases: carbon dioxide, methane, nitrous oxide and hydrofluorocarbons.

P. Greenhouse gas vehicle test group. "Greenhouse gas vehicle test group" means vehicles that have an identical test group, vehicle make and model, transmission class and driveline, aspiration method (e.g., naturally aspirated, turbocharged), camshaft configuration, valvetrain configuration, and inertia weight class as defined in Title 13 California Code of Regulations, Section 1961.1.

Q.Heavy-duty engine. "Heavy-duty engine" means an engine that is used to propel a heavy-duty vehicle.

R.Heavy-duty motor vehicle. "Heavy-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating greater than 6,000 pounds, except passenger cars.

S.Independent low volume manufacturer. "Independent low volume manufacturer" means a manufacturer with California annual sales of less than 10,000 new passenger cars, light-duty trucks and medium-duty vehicles following aggregation of sales as defined in Title 13 California Code of Regulations, Section 1900 (b)(8).

T.Intermediate volume manufacturer. "Intermediate volume manufacturer" means any pre-2001 model year manufacturer with California sales between 3,001 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2003 through 2017 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification; and any 2018 and subsequent model year manufacturer with California sales between 4,501 and 20,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification as defined in Title 13, California Code of Regulations, Section 1900.

U.Large volume manufacturer. "Large volume manufacturer" means "any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate volume manufacturer.

V.Light-duty truck. "Light-duty truck" means any 2000 and subsequent model vehicle certified to standards in Title 13, California Code of Regulations Section 1961(a) (1) rated at 8500 pounds gross vehicle weight or less, and any other vehicle rated at 6000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

W.Lease. "Lease" means any commercial transaction recognized under the laws of this State as a means of creating a right to use a good and includes renting. It also includes offering to rent or lease.

X.Manufacturer. "Manufacturer" means any small, independent low volume, intermediate or large volume vehicle manufacturer as defined in Title 13, California Code of Regulations Section 1900.

Y.Medium duty passenger vehicle. "Medium duty passenger vehicle" means any medium-duty vehicle with a gross vehicle weight rating of less than 10,000 pounds that is designed primarily for the transportation of persons. The medium-duty passenger vehicle definition does not include any vehicle which:

(1) is an "incomplete truck", i.e., a truck that does not have the primary load carrying device or container attached; or

(2) has a seating capacity of more than 12 persons; or

(3) is designed for more than 9 persons in seating rearward of the driver's seat; or

(4) is equipped with an open cargo area of 72.0 inches in interior length or more. A covered box not readily accessible from the passenger compartment will be considered an open cargo area, for purposes of this definition.

Z.Medium-duty vehicle. "Medium-duty vehicle" means any 2003 through 2006 model year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in Title 13 California Code of Regulations, Sections 1956.8(g) or (h) or 1960.1(h)(2), having a manufacturer's gross vehicle weight rating of 14,000 lbs. or less; any 2003 heavy-duty vehicle certified to the standards in Title 13 California Code of Regulations, Sections 1960.1(h)(1), 1956.8(g) or (h) having a manufacturer's gross vehicle weight rating of 14,000 lbs. or less; and any 2003 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in Title 13 California Code of Regulations, Sections 1956.8 (c), (g) or (h), 1961(a)(1), 1962, or 1962.1 having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 lbs.

AA.Model-year. "Model-year" means the manufacturer's annual production period for each engine family which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any motor vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.

BB.Modified part. "Modified part" means any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions, excluding a consolidated part.

CC.New motor vehicle. "New Motor Vehicle" means any passenger car, light-duty truck or 2003 and subsequent model-year medium-duty vehicle and 2005 and subsequent model-year heavy-duty engines and vehicles with 7,500 miles or fewer on its odometer.

DD.New motor vehicle engine. "New motor vehicle engine" means a new engine in a motor vehicle.

EE.Passenger car. "Passenger car" means any motor vehicle designed with a capability for transportation of human beings and having a design capacity of twelve individuals or less.

FF.Recall. "Recall" means:

(1) A manufacturer's issuing of notices directly to consumers that vehicles in their possession or control should be corrected; and/or

(2) A manufacturer's efforts to actively locate and correct vehicles in the possession or control of consumers.

GG.Replacement part. "Replacement part" means any aftermarket part which is intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.

HH.Sell. "Sell" means any commercial vehicles transaction recognized under the laws of this State as a means of transferring ownership of a good and includes barter. It also includes offering for sale.

II.Small volume manufacturer. "Small volume manufacturer" means"with respect to the 2001 and subsequent model-years, a manufacturer with California sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer as defined in Title 13, California Code of Regulations, Section 1900.

JJ.Smog Index Label. "Smog Index Label" means a decal securely affixed by the manufacturer to a window of all passenger cars and light-duty trucks which discloses the smog index for the vehicle in accordance with Title 13, California Code of Regulations Section 1965.

KK.Type 0, I, I.5, II, III, IV, and V ZEVs. "Type 0. I, I.5, II, III, IV, and V ZEVs" means "Type 0. I, I.5, II, III, IV, and V zero emission fuel cell or battery electric vehicles as defined in Title 13, California Code of Regulations, Section 1962.1(d)(5)(A).

LL.VECs. "VECs" means vehicle equivalent credits.

MM.ZEV--Zero-Emission Vehicle. "Zero emission vehicle" means any motor vehicle any passenger car, light-duty truck, or medium duty vehicle certified to the zero emission vehicle standards in Title 13 CCR 1962, 1962.1, and 1962.2.

06- 096 C.M.R. ch. 127, § 2