Section 250-RICR-120-05-37.5 - DefinitionsA. Unless otherwise expressly defined in this Section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions) and, as authorized by 42 U.S.C. § 7507, certain sections of 13 and 17 CCR incorporated by reference in § 37.4(B) of this Part. As used in this regulation, the following terms shall, where the context permits, be construed as follows: 1. "Add-on part" means any aftermarket part which is not a modified part or a replacement part.2. "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.3. "California-certified" means approved by CARB for sale in California.4. "California Air Resources Board" or "CARB" means the California state agency established and empowered to regulate sources of air pollution in California, including motor vehicles, pursuant to Division 26 (Air Resources) of the California Health amp; Safety Code.5. "California standards" means those emission standards for motor vehicles and new motor vehicle engines, in force and effect at the time of adoption of these regulations, that the State of California CARB has adopted and is permitted to adopt pursuant to the authority of 42 U.S.C. § 7543 and which other states are permitted to adopt pursuant to 42 U.S.C. § 7507.6. "CCR" means the California Code of Regulations.7. "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.8. "Emergency vehicle" means any publicly owned vehicle operated by a peace officer in performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls, any publicly owned authorized vehicle used by an emergency medical technician or paramedic, or used for towing or servicing other vehicles, or repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement, vector control, or pest abatement agencies and used for those purposes, or any ambulance used by a private entity under contract with a public agency.9. "Emission control label" 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 new vehicles certified for sale in California, in accordance with 13 CCR, incorporated by reference in § 37.4(B) of this Part.10 "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 discloses the global warming and smog score for the vehicle in accordance with 13 CCR, incorporated by reference in § 37.4(B) of this Part.11. "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 in Rhode Island in any model year.12. "Greenhouse gas" means any of the following gases: carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons.13. "GHG Credit" means greenhouse gas credit.14. "Gross vehicle weight rating" or "GVWR" means the value specified by the vehicle manufacturer as the maximum designed loaded weight of a single vehicle, consistent with good engineering judgment.15. "Heavy-duty vehicle" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as applicable, incorporated by reference in § 37.4(B) of this Part.16. "Heavy-duty engine" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as applicable, incorporated by reference in § 37.4(B) of this Part.17. "Light-duty truck" means any 2000 and subsequent model motor vehicle certified to standards in 13 CCR §§ 1961(a)(1), 1961.2, or 1961.4, incorporated by reference in § 37.4(B) of this Part. rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle, rated at 6,000 pounds gross weight or less, that 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.18. "LEV" means a low-emission vehicle.19. "Mail out" means a widely distributed general correspondence issued by CARB whenever said board needs information from the public, or when it wishes to inform the public of new information.20. "Manufacturer" means any independent low volume, small, intermediate or large volume vehicle manufacturer, as defined in 13 CCR § 1900, incorporated by reference in § 37.4(B) of this Part.21. "Manufacturers advisory correspondence" means a document issued by CARB, which is a policy interpretation for further clarification of the CCR applicable to motor vehicles.22. "Medium-duty engine" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as applicable, incorporated by reference in § 37.4(B) of this Part.23. "Medium-duty passenger vehicle" means as defined in 13 CCR § 1900, incorporated by reference in § 37.4(B) of this Part.24. "Medium-duty vehicle" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as applicable, incorporated by reference in § 37.4(B) of this Part.25. "Model year" means a motor vehicle manufacturer's annual production period 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 vehicle manufactured in two (2) or more stages, the time of manufacture shall be the date of completion of the chassis, except for a vehicle or engine subject to 17 CCR § 95662(a)(16), incorporated by reference in § 37.4(B) of this Part.26. "Motor vehicle" means a vehicle which is self-propelled but does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.27. "New vehicle" means any vehicle with 7,500 miles or fewer on its odometer.28. "Near-zero emission vehicle" or "NZEV" means one of the following:a. An on-road plug-in hybrid electric vehicle which has the same definition as that in 40 CFR § 86.1803-01, amended on July 1, 2011, incorporated by reference herein, that achieves all-electric range as defined in 13 CCR § 1963(c)(1), incorporated by reference in § 37.4(B) of this Part; orb. An on-road hybrid electric vehicle that has the capability to charge the battery from an off-vehicle conductive or inductive electric source and achieves all-electric range as defined in 13 CCR § 1963(c)(1), incorporated by reference in § 37.4(B) of this Part.29. "NMOG credit" means non-methane organic gas credit.30. "NMOG + NOx credit" means the combined emissions of non-methane organic gases and oxides of nitrogen credit.31. "NOx" means oxides of nitrogen.32. "Passenger car" means any motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less.33. "Qualifying Community-based Clean Mobility Program" means a program determined by the Department to qualify as a community-based clean mobility program pursuant to guidance issued by the Department. The Department must determine that a program qualifies as a community-based clean mobility program before a manufacturer may earn vehicle value pursuant to the requirements of 13 CCR § 1962.4, incorporated by reference in § 37.4(B) of this Part.34. "Recall" means: a. The issuing of notices directly to consumers that vehicles in their possession or control should be corrected, and/or;b. Efforts to actively locate and correct vehicles in the possession or control of consumers.35. "Recall campaign" means that plan approved by CARB or the Department, by which the manufacturer will affect the recall of non-complying vehicles.36. "Smog index label" means a decal securely affixed by the manufacturer to a window of all passenger car and light-duty trucks which discloses the smog index for the vehicle in accordance with 13, CCR § 1965, incorporated by reference in § 37.4(B) of this Part.37. "Tampering" means removing, disconnection, or modifying any emissions controls systems, which renders one or more components ineffective. Examples include, but are not limited to, the removal of the catalytic converter or light for the Malfunction Indicator Lamp (MIL), bypassing the Exhaust Gas Recirculation (EGR) valve, Air Injection, or Diesel Exhaust Fluid (DEF) systems, etc. Tampering also includes the installation of software, firmware, or other electric or mechanical devices that bypass, defeat, or otherwise render the vehicle's emissions control systems inoperative, including the use of simulators.
38. "Test vehicle" means an experimental or prototype motor vehicle which appears to have very low emission characteristics or a used motor vehicle within which an experimental motor vehicle pollution control device is installed, and which has also received a test vehicle or fleet permit from CARB pursuant to Manufacturers Advisory Correspondence no. 83-01.39. "Trailer" means as defined in 17 CCR § 95662, incorporated by reference in § 37.4(B) of this Part.40. "Used motor vehicle" means motor vehicle that is not a new motor vehicle.41. "VECs" means vehicle equivalent credits.42. "Vehicle or motor vehicle" means any passenger car, light-duty truck, medium-duty passenger vehicle, medium-duty vehicle, or heavy-duty vehicle as appropriate.43. "Zero-Emission vehicle" or "ZEV" means a vehicle that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas, excluding emissions from air conditioning systems, under any possible operational modes or conditions.44. "ZEV Credit" or "ZEV value" means a unit, expressed numerically, generated in accordance with 13 CCR §§ 1962.2, 1962.4, and 1963.2, incorporated by reference in § 37.4(B) of this Part.250 R.I. Code R. 250-RICR-120-05-37.5
Amended effective 1/13/2019
Amended effective7/18/2019
Amended effective 12/21/2023
Amended effective 6/14/2024