N.J. Admin. Code § 13:20-33.1

Current through Register Vol. 56, No. 12, June 17, 2024
Section 13:20-33.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Acute area of the windshield glazing" means the rectangular area of the windshield, eight and one-half inches by 11 inches, directly in front of the driver's line of vision as depicted in Appendix D of this subchapter, incorporated herein by reference. The center point of the acute area of the windshield glazing is the point of intersection of the centerline that is drawn directly from the center of the steering wheel onto the windshield and the midpoint line that is drawn across the length of the windshield halfway between the top and the bottom of the windshield.

"Certificate of approval" means an inspection sticker issued by an official inspection facility, a licensed private inspection facility, a State specialty inspection facility or the Motor Vehicle Commission's Mobile Inspection Unit certifying that a motor vehicle complies with the requirements of Title 39 and Title 26 of the Revised Statutes, N.J.A.C. 13:20-43, 32 or this subchapter, whichever is applicable, and either N.J.A.C. 7:27-15 and 7:27B-5 regarding the inspection of gasoline-fueled and bi-fueled motor vehicles or N.J.A.C. 7:27-14 and 7:27B-4 regarding the inspection of diesel-fueled motor vehicles, whichever are applicable.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Class I" means a licensed private inspection facility equipped with Department of Environmental Protection-approved OBD equipment as set forth at 7:27B-5.6.

"Class II" means a licensed private inspection facility equipped with Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for testing as set forth at 7:27-14.5.

"Class III" means a licensed private inspection facility equipped with Department of Environmental Protection-approved OBD test equipment used for testing as set forth at 7:27B-5.6 and Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for testing as set forth at N.J.A.C. 7:27-14.5.

"Commercial motor vehicle inspection" means the annual inspection for mechanical defects with applicable emission test or emission component test of passenger vehicle transportation and commercial vehicles, except for diesel-fueled vehicles that are registered as commercial vehicles having a GVWR of greater than 8,500 pounds.

"Commercial vehicle" means all vehicles registered according to 39:3-20, regardless of weight (if gasoline or bi-fueled) or having a GVWR of 8,500 pounds or less (if diesel fueled).

"Critical area of the windshield glazing" means the area of the windshield cleaned by the normal sweep of the windshield wiper blades provided as original equipment by the motor vehicle manufacturer as depicted in Appendix D of this subchapter.

"Driving school vehicle" means any vehicle owned or leased by a licensed Motor Vehicle Commission driving school used to provide driver training and testing to school clients.

"Electric vehicle" means any vehicle powered solely by electric without an on-board engine or generator, and that does not use a hydrocarbon fuel to create electricity. These vehicles include plug-in electric, but not plug-in hybrid electric, or solar powered vehicles.

"EPA" means the United States Environmental Protection Agency.

"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or combination (articulated) vehicle.

"Initial inspection" means the required inspection conducted on a motor vehicle at the beginning of each inspection cycle as appropriate for the vehicle to obtain a certificate of approval for a new inspection cycle.

"Inspection decal" means an inspection sticker issued by an official inspection facility, a State specialty inspection facility, or the Motor Vehicle Commission's Mobile Inspection Services Bus Unit in accordance with 13:20-7.4 setting forth the year and month in which a motor vehicle less than five model years old shall be presented for inspection in this State.

"Jitney" means an autobus as defined in 48:16-23 with a carrying capacity of not more than 13 passengers, operated under municipal consent upon a route established wholly within the limits of a single municipality or with a carrying capacity of not more than 20 passengers operated under municipal consent upon a route established wholly within the limits of not more than four contiguous municipalities within any county of the fifth or sixth class, which route in either case does not, in whole or in part, parallel upon the same street the line of any street railway or traction railway or any other autobus route.

"Limousine" means any motor vehicle that is issued special registration plates bearing the word "limousine" pursuant to 39:3-19.5 other than motor vehicles that are subject to inspection by the Motor Vehicle Commission's Commercial Bus Inspection and Investigation Unit.

"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P. L. , c. 13 (39:2A-4 ).

"OBD-eligible" means capable of receiving an OBD inspection as determined by the Department of Environmental Protection in accordance with 7:27-15.5(m) or 14.5(g), whichever is applicable.

"Official inspection facility" means a test-only inspection facility that the State Treasurer has contracted for pursuant to section 4 of P.L. 1995, c.112.

"Omnibus" means all motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if the same are not otherwise used in the transportation of passengers for hire.

"Omnibus 2" means motor vehicles operated by a company or individual that provides passenger transportation to a target audience and market that is not in competition with a publicly regulated transit route or does not collect fares from the general public.

"On-board diagnostics" or "OBD" means an automotive diagnostic system complying with California OBD regulations at Title 13 California Code section 1968.1 or EPA OBD regulations at 40 CFR Part 86.

"Passenger vehicle" means all vehicles registered with registration codes 1 through 9, 12 (not utilized to transport passengers), 15, 31, and 73.

"Passenger vehicle transportation" means vehicles regardless of fuel type, plated as taxicab, limousine, jitney, Omnibus 2, hotel bus, paratransit vehicle, mobile assistance vehicle, or ambulance, except those vehicles inspected by the Commission's Inspection Services Bus Unit.

"Peripheral area of the windshield glazing" means the area of the windshield, other than the acute area and the critical area, as depicted in Appendix D of this subchapter.

"Private inspection facility" means any person, partnership, or corporation licensed by the Motor Vehicle Commission pursuant to N.J.A.C. 13:20-44 to perform the motor vehicle inspections required by 39:8-1.

"Re-inspection" means any subsequent inspection required due to a failure of an initial inspection in order for a vehicle to obtain a certificate of approval.

"Smoke opacity inspection" means the emissions testing of heavy duty diesel vehicles, with a gross vehicle weight rating (GVWR) of 18,000 pounds or greater, as prescribed under the provisions of N.J.A.C. 7:27B.

"State specialty inspection facility" means a test-only inspection facility that is operated by the Motor Vehicle Commission to inspect certain motor vehicles as specified in 13:20-7.3(d).

"Taxicab" means an autocab as defined in 48:16-1 engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the State.

N.J. Admin. Code § 13:20-33.1

Amended by 48 N.J.R. 810(a), effective 5/16/2016