N.J. Admin. Code § 13:20-43.21

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:20-43.21 - Emission inspector training programs administered by third parties; fee; approval process; auditing of programs

(a) The Chief Administrator, as required by 40 CFR § 51.367, shall monitor and evaluate emission inspector training programs administered by third parties.

(b) The Motor Vehicle Commission shall charge a fee of $ 100.00 for the approval of emission inspector training programs administered by third parties. If a third party provider has multiple training sites, an approval fee shall be charged for each site.

(c) Each applicant for approval of an emission inspector training program shall file with the Chief Administrator, in such form and detail as may be required by him or her, an application setting forth the following:

1. The name, place of business and telephone number of the emission inspector training program;

2. The name, residence address(es), driver's license number, and telephone number(s) of:

i. The owner and/or possessor of a controlling interest of the emission inspector training program, in the case of a sole proprietorship;

ii. Each partner, in the case of a partnership; or

iii. Each officer, director and possessor of a controlling interest, in the case of a corporation;

3. The name, residence address(es), driver's license number, professional credentials, and training experience of trainers employed by the emission inspector training program;

4. Accreditation;

5. The number of years the emission inspector training program has been in operation; and

6. Whether the emission inspector training program intends to develop its own curriculum or use a curriculum that has been already developed.

(d) The classroom facility shall be subject to inspection by the Chief Administrator or his or her designee and shall meet the following requirements:

1. There shall be a minimum of 15 square feet per student; provided, however, a third party administering an emission inspector training program prior to October 15, 2001 shall be exempted from this requirement;

2. Seating facilities and writing surfaces shall be available for each student;

3. Lighting, heating, ventilation, and toilet facilities shall be provided which meet municipal housing code ordinance requirements;

4. Instructional materials including manuals, workbooks, videos, charts, diagrams, pictures, and other training materials related to the enhanced motor vehicle inspection and maintenance program rules and inspection procedures shall be provided; and

5. Chalkboards or display apparatus that are visible from all seating areas shall be provided.

(e) The hands-on emission and OBD test demonstration area, including the emission and OBD test equipment (that is, the exhaust gas analyzer, OBD scanner and analyzer and fuel cap leak tester) shall be subject to inspection by the Chief Administrator or his or her designee. If a simulator is used, a written explanation of its design and function shall be required.

(f) If a third party emission inspector training program provider conducts the hands-on emission and OBD test demonstration at its own facility, the provider shall furnish a motor vehicle for such hands-on emission and OBD test demonstration and an instructor for the written test.

(g) A third party emission inspector training program provider shall present a certificate to all students who successfully complete its program. This certificate shall be in the following form:

Emission Inspector Training Program Name
MVC CERTIFICATE No.		__________
This is to certify that
______________
Name of Student
Has successfully completed
Emission Inspector Training
__________	_________________________
Date	Signature of Instructor
This emission inspector training program certificate is valid for two
years from the date of issuance

(h) A third party emission inspector training program provider shall submit to the Chief Administrator or his or her designee a class roster that includes the name and social security number of all students prior to emission inspector license testing.

(i) A third party emission inspector training program provider shall submit a curriculum or syllabus to the Chief Administrator or his or her designee for approval covering the following:

1. The air pollution problem, its causes and effects;

2. The purpose, function, and goal of the enhanced motor vehicle inspection and maintenance program;

3. Emission and OBD inspection regulations and procedures;

4. Technical details of emission test and OBD inspection procedures and the rationale for their design;

5. Emission control device function, configuration, and inspection;

6. Emission test and OBD inspection equipment operation, calibration, and maintenance;

7. OBD system function, configuration, and inspection;

8. Quality control procedures and their purpose;

9. Public relations; and

10. Personal safety and health issues related to the enhanced motor vehicle emission and OBD inspection process.

(j) The training curriculum or syllabus shall meet or exceed the performance standard for emission inspector training as set forth in this subsection. A student who has successfully completed an emission inspector training program shall be able to properly perform each emission and OBD inspection procedure and shall have knowledge of the subject matter set forth below:

1. Overview information:

i. Plain English guide to the Federal Clean Air Act and the Clean Air Act Amendments of 1990;

ii. Understanding of the air pollution problem, its causes and effects;

iii. The purpose, function and goals of the New Jersey enhanced motor vehicle inspection and maintenance program;

iv. Motor vehicle emissions;

v. Program requirements;

vi. Consumer benefits; and

vii. Public relations and customer interaction;

2. Exhaust emission testing:

i. General information:

(1) Understanding emission theory;

(2) Understanding five gas theory (HC, CO, O[2], CO[2], and NO);

(3) Understanding and utilizing exhaust gas analyzers; and

(4) Oxides of nitrogen (NO[x]) production and control; and

ii. Detailed information:

(1) Knowledge of how to perform the idle test and two-speed idle test;

(2) Knowledge of the inspection regulations and procedures needed to perform all exhaust emission tests;

(3) Knowledge of the test equipment operation, calibration, and maintenance for exhaust emission testing;

(4) Quality control procedures for exhaust emission testing and their purpose;

(5) Safety and health issues related to the exhaust emission inspection process; and

(6) Public relations and customer interaction;

3. Emission control apparatus compliance testing:

i. General information:

(1) Understanding catalytic converters; and

(2) Understanding and utilizing fuel cap leak and emission control apparatus testing equipment; and

ii. Detailed information:

(1) Knowledge of how to perform the fuel cap leak test;

(2) Knowledge of how to perform the inspection for the presence of a catalytic converter;

(3) Knowledge of the inspection regulations and procedures for emission control apparatus testing;

(4) Quality control procedures for emission control apparatus testing and their purpose;

(5) Safety and health issues related to the emission control apparatus inspection process; and

(6) Public relations and customer interaction;

4. OBD-I and OBD-II:

i. General information:

(1) Understanding the theory of and the concepts behind On Board Diagnostics (OBD); and

(2) Understanding and utilizing the OBD testing equipment; and

ii. Detailed information:

(1) Description of the differences between OBD-I and OBD-II;

(2) Explanation of how OBD-II systems monitoring is similar to the exhaust test procedures;

(3) Explanation of OBD-II terminology; and

(4) Explanation of OBD-II diagnostic codes.

(k) A third party emission inspector training program provider shall:

1. Provide a minimum of eight hours of classroom instruction, including hands-on emission and OBD test demonstrations;

2. Provide trained instructor(s) in a number sufficient to insure that each student is provided with adequate attention. The ratio of students to instructors shall not exceed 25 to one per class; and

3. Provide a student with a certificate stating that such student has successfully completed the emission inspector training program.

(l) An applicant for approval as a third party emission inspector training program shall have a minimum of two years of training experience in either the development of an emission inspector training program or the administration of an emission inspector training program for either a basic or an enhanced motor vehicle inspection and maintenance program.

N.J. Admin. Code § 13:20-43.21

New Rule, R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(b).
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
Rewrote the section.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Chief Administrator" for "Director" throughout; in (a), deleted space following "§ "; in (b), substituted "Motor Vehicle Commission" for "Division"; and in (g)20, substituted "MVC" for "DMV" in the certificate.
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In (e), deleted "dynamometer," preceding "exhaust" and a comma following "analyzer"; in the introductory paragraph of (j), substituted "matter" for "matters" and a colon for a period at the end; in (j)1iii, deleted a comma following "function" and "emission" following "vehicle"; and in (j)2ii(1), deleted "New Jersey's enhanced exhaust gas emission test, known as the ASM 5015 exhaust emission test, as well as" preceding and "basic" following "the" and substituted "two-speed idle" for "2500 RPM".