1

ENVIRONMENTAL PROTECTION 

ENVIRONMENTAL REGULATION 

OFFICE OF AIR QUALITY MANAGEMENT 

Motor Vehicle Inspection and Maintenance

Proposed Amendments: N.J.A.C. 7:27-14.1 through 14.6, N.J.A.C. 7:27-15.1, 15.3, and 

15.5 through 15.8, N.J.A.C. 7:27A-3.10, N.J.A.C. 7:27B-4.1 through 4.4 and 4.6, N.J.A.C. 

7:27B-5.1, 5.2, 5.4, and 5.6 through 5.9 

Proposed Repeal: N.J.A.C. 7:27B-5.5 

Proposed New Rules: N.J.A.C. 7:27B-4.7 and 4.8

Authorized by: Mark N. Mauriello, Acting Commissioner, Department of 

Environmental Protection 

Authority: N.J.S.A. 13:1B-3(e), 13:1D-9, 26:2C-8 et seq., specifically 26:2C8 through 8.5, and 8.11 and 39:8-41 et seq.; specifically 39:8-41 through 58.

Calendar Reference: See Summary below for explanation of exception to calendar 

requirement.

DEP Docket Number: 06-09-03/654

Proposal Number: PRN 2009-

A public hearing concerning this proposal and a proposed State Implementation Plan 

(SIP) revision will be held on June 8, 2009 at 10:00am

New Jersey Department of Environmental Protection 

Hearing Room, 1st Floor 

401 East State Street 

Trenton, New Jersey
2

Directions to the hearing room may be found at the Department’s website address 

http://www.state.nj.us/dep/where.htm.

Submit written comments by [60 days after publication], to: 

Alice A. Previte, Esq. 

Attn: DEP Docket No. 06-09-03/654

Office of Legal Affairs 

New Jersey Department of Environmental Protection 

401 East State Street, Fourth Floor 

PO Box 402 

Trenton, NJ 08625-0402 

Written comments may also be submitted at the public hearing. It is requested (but not 

required) that anyone providing oral testimony at the public hearing provide a copy of any 

prepared text to the stenographer at the hearing.

The Department of Environmental Protection (Department) requests that commenters 

submit comments on diskette or CD, as well as on paper. Submittals on disk or CD must not be 

access-restricted (locked or read-only) in order to facilitate use by the Department of the 

electronically submitted comments. Submittal of a diskette or CD is not a requirement. The 

Department prefers Microsoft Word 6.0 or above. Macintosh formats should not be used. Each 

comment should be identified by the applicable N.J.A.C. citation, with the commenter’s name 

and affiliation following the comment.
3

This rule proposal can be viewed or downloaded from the Department’s web site at 

http://www.state.nj.us/dep.

The agency proposal follows:

Summary

As the Department has provided a 60-day comment period on this notice of proposal, this 

notice is excepted from the rulemaking calendar requirements pursuant to N.J.A.C. 1:30-3.3(a)5.

The Department is proposing new rules and amendments at N.J.A.C. 7:27-14, Control 

and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles, and 7:27-15, Control and 

Prohibition of Air Pollution from Gasoline Fueled Motor Vehicles; 7:27A, Air Administrative 

Procedures and Penalties; and 7:27B-4, Air Test Method 4: Testing Procedures for DieselPowered Motor Vehicles, and 7:27B-5, Air Test Method 5: Testing Procedures for GasolineFueled Motor Vehicles, to update the motor vehicle emission tests and standards for both 

gasoline and diesel vehicles. These proposed rules part of a new motor vehicle inspection and 

maintenance (I/M) program developed by the Department, the Motor Vehicle Commission 

(MVC) and the Department of Treasury. The MVC is proposing new rules and amendments 

related to the I/M program, elsewhere in this issue of the New Jersey Register. 

For gasoline-fueled vehicles, the proposed amendments at N.J.A.C. 7:27B-5 establish a 

new exhaust emission test that will replace two different exhaust emission tests currently in use. 

The new test will measure exhaust emissions in a manner similar to existing tests, but will not 

require the use of dynamometers, which are being phased out of the inspection program. The 

On Board Diagnostics (OBD) test at proposed amended N.J.A.C. 7:27-15 and 7:27B-5 expands 

the failure criteria to include additional malfunctions that will result in additional failures. 
4

Proposed amended N.J.A.C. 7:27-15 excludes vehicles of model year 2001 and newer from gas 

cap testing. The option for vehicles to comply with public highway and inspection standards by 

meeting provisions of a repair cost waiver is proposed to be removed. Proposed amended 

N.J.A.C. 7:27-15 aligns the idle standard exemptions with recently adopted changes to similar 

rule text at N.J.A.C. 7:27-14 for diesel vehicles. The Department also proposes to amend the 

administrative penalties at N.J.A.C. 7:27A for gasoline vehicle idling, in order that the penalties 

are comparable to the penalties for diesel vehicles.

For diesel-powered vehicles, the proposed rules at N.J.A.C. 7:27-14 and 7:27B-4 

establish new requirements, tests and standards for light-duty diesel vehicles. All light-duty

diesel vehicles will be subject to a visible smoke test, and model year 1997 and newer light-duty 

diesel vehicles will additionally be subject to an OBD test. The visible smoke test and OBD test 

applied to light-duty diesel vehicles will be generally consistent with those tests as applied to 

gasoline vehicles.

In addition to the new rules and amendments described above, the Department proposes 

to streamline test procedures and specifications.

Background

In 1974, New Jersey’s was among the first I/M programs in the nation to implement 

mandatory emissions testing for motor vehicles, primarily in response to the Clean Air Act of 

1970. Early generations of this vehicle testing program were basic I/M programs that relied for 

the most part on exhaust emission testing using an idle test. New Jersey’s I/M program remained 

largely unchanged, with only minor updates in equipment and test standards, from 1974 until 

1999.
5

The Clean Air Act Amendments of 1990 required that areas in serious nonattainment of 

National Ambient Air Quality Standards (NAAQS) for certain criteria pollutants implement an 

“enhanced” I/M program. The United States Environmental Protection Agency (USEPA) 

followed with regulations in 1992 that prescribed the required elements of an enhanced I/M 

program. The Department first promulgated rules to implement an enhanced program in 1995. 

This was followed by a series of amendments that further modified and defined the program. 

The enhanced I/M program began testing vehicles in December 1999 and included such major 

changes as dynamometer-based ASM5015 testing and gas cap testing. In 2003, OBD testing 

was added for newer vehicles. 

The existing New Jersey inspection program is a hybrid design, with both test-only and 

test-and-repair facilities. Motorists may choose to have their vehicles inspected at either a 

contractor-operated Centralized Inspection Facility or at a licensed Private Inspection Facility. 

There are 29 Centralized Inspection Facilities and approximately 1,167 Private Inspection 

Facilities in the State. The operator of the Centralized Inspection Facilities, which are all testonly, does so under contract with the State. Each Private Inspection Facility is independently

owned and operated, and is often located in a service station which provides both test and repair 

services. Both types of facilities may perform safety and emissions inspections of all light and 

heavy duty gasoline-fueled vehicles and safety inspections of all light-duty diesel vehicles. 

Emission-related repairs may be performed by the vehicle owner or a registered Emission Repair 

Facility. This hybrid program design provides for inspection of light-duty and heavy-duty 

gasoline vehicles and light-duty diesel vehicles. Heavy-duty diesel vehicles are inspected for 

emissions only at independently-owned and licensed Diesel Emission Inspection Centers. 
6

OBD technology has been installed in light-duty gasoline vehicles since model year 

1996, and is available in more than 80 percent of the vehicles subject to the State’s I/M program. 

More I/M programs around the nation are moving toward OBD testing as the sole indicator of 

vehicle emissions compliance. New technologies are also under development to make OBD 

testing more convenient to motorists. OBD-equipped vehicles monitor the status of emission 

controls and engine performance, alerting the driver via a dashboard indicator if there is a 

malfunction. An OBD inspection consists of connecting inspection equipment to the vehicle 

using a standardized connector and checking for malfunctions using the vehicle computer. 

As part of its process for issuing a request for proposals for a new contract for the I/M 

program, MVC retained a consultant, MACTEC Federal Programs (MACTEC), to assist it in 

evaluating the I/M program. MACTEC conducted a study of both emissions and safety testing 

methods and explored new and emerging inspection technology. MACTEC also conducted a 

survey of other inspection programs and coordinated several stakeholder meetings with affected 

parties within New Jersey. The stakeholder meetings included representatives from multiple 

State agencies, law enforcement, safety and emission test equipment manufacturers, inspection 

contractors, labor unions, citizens groups, Private Inspection Facility owners, automotive training 

providers and the general public. MACTEC’s findings were provided to MVC in a Final Report 

on January 3, 2007. (The MACTEC report is available at 

http://www.nj.gov/mvc/About/reports.htm. ) The MACTEC Final Report, by design, did not 

make recommendations, but provided a thorough analysis of the issues and options from 

different perspectives. Among the considerations were environmental benefit, cost to the State, 

cost to motorists, impact on stakeholders and feasibility. The State (through the Department of 

Treasury) then issued a request for proposals from vendors to operate the I/M program.
7

The State convened a multi-agency evaluation committee to review and examine the 

proposals. The committee carefully examined all technical aspects of all proposals, considered 

and analyzed the costs, and awarded the contract to Parsons Commercial Technology Group, 

Inc., to operate the I/M program. The proposed rules relating to the I/M program are a direct 

result of the contract process, including the meetings with stakeholders, the MACTEC report, 

and the decisions of the evaluation committee. The proposed rules are intended to minimize the 

impact on the largest number of stakeholders, contain costs to the State and motorists, and still 

deliver equivalent environmental benefits and inspection services as the existing I/M program.

The Department is also proposing amendments to consolidate, clarify and harmonize the 

rules among subchapters. A description of the proposed amendments and new rules follows.

N.J.A.C. 7:27-14 Control and Prohibition of Air Pollution from Diesel-Powered Motor 

Vehicles

N.J.A.C. 7:27-14.1 Definitions 

The Department is proposing to delete the definitions of “blue smoke” and “black 

smoke” as these terms are not used in the proposed amended rules. 

The Department is proposing definitions for “data link connector” or “DLC,” “diagnostic 

trouble code” or “DTC,” “malfunction indicator light” or “MIL,” and “OBD-eligible.” These 

terms are used in reference to OBD testing. The Department also proposes a definition for the 

term “on board diagnostic” or “OBD.” The proposed definitions for data link connector and 

malfunction indicator light are identical to the existing definitions for those terms at N.J.A.C. 

7:27B-5 for OBD testing of gasoline-fueled vehicles. The definitions for diagnostic trouble code 
8

and on board diagnostic are identical to those proposed at N.J.A.C. 7:27-15.1. The on board 

diagnostic system of a motor vehicle stores a diagnostic trouble code when it detects a 

malfunction of a system or component. The malfunction will also cause the on board diagnostic 

system to illuminate the malfunction indicator light. The inspector can retrieve the diagnostic 

trouble code by inserting an analyzer to the data link connector.

As part of the proposed I/M program, diesel vehicle testing will become an integral part 

of the vehicle inspection information system, rather than a standalone testing component. The 

equipment used for diesel testing will be integrated into the I/M information system. This change 

in diesel testing from standalone equipment to equipment that is connected into the I/M 

information system requires an amended definition of the testing equipment. The Department is 

proposing a definition for “diesel emission testing equipment” that is based on the existing 

definition of “motor vehicle testing equipment” at N.J.A.C. 7:27-15.1 for gasoline vehicle testing 

equipment. The differences between the existing and proposed definitions reflect the different 

equipment used for testing diesel vehicles versus gasoline vehicles. 

In recent years, owners or operators of diesel vehicles have installed emission control 

devices that were not on the vehicle when it left the factory. The Department is proposing to 

broaden the definition of “emission control apparatus” to include such retrofit devices. Any 

regulations that reference emission control apparatus, such as the prohibition against tampering 

at N.J.A.C. 7:27-14.3, would also pertain to retrofit devices. The Department is also proposing 

to amend the definition of “retrofit device” to make the definition clearer and more specific. The 

proposed definition no longer distinguishes between an on-road diesel vehicle and off-road diesel 

equipment.
9

The proposed definition of “EPA Memorandum 1A” is the same as the definition of the 

term at N.J.A.C. 7:27-15.1. The term is used in proposed amended N.J.A.C. 7:14.3(e), which 

allows modifications to an emission control apparatus or element of design only if it is in 

accordance with EPA Memorandum 1A.

N.J.A.C. 7:27-14.2 Applicability

As discussed above, the new I/M program will include the testing of light-duty diesel 

vehicles that were previously exempt from emissions testing. The Department proposes to delete 

N.J.A.C. 7:27-14.2(c), which exempted light-duty diesel vehicles from the test requirements at 

N.J.A.C. 7:27-14.5, and the inspection standards at N.J.A.C. 7:27-14.6. As a result, light-duty 

diesel vehicles are subject to the proposed test requirements and inspection standards.

N.J.A.C. 7:27-14.3 General prohibitions

The Department is proposing to amend the general prohibitions against tampering with 

emission control devices on diesel vehicles at N.J.A.C. 7:27-14.3. The amended rule does not 

consider devices or modifications that are exempted by the USEPA or the California Air 

Resources Board to be unlawful tampering. The USEPA and the California Air Resources 

Board exempt from the prohibition of tampering those engine and vehicle modifications that 

have been determined, either by laboratory testing and/or engineering evaluation, to not cause 

the vehicle to emit excess pollutants. These exemptions are consistent with the similar 

exemption for gasoline vehicles at existing N.J.A.C. 7:27-15.7. This proposed amendment will 

allow owners to install some aftermarket devices to regulated vehicles, but will continue to 

prohibit aftermarket devices that increase emissions.
10

 

N.J.A.C. 7:27-14.4 General public highway standards

The Department proposes to amend N.J.A.C. 7:27-14.4(a)4 to specify that an emission 

control apparatus or element of design includes those installed on the exhaust system. This 

proposed amendment reflects changes in diesel vehicle technology that now includes 

aftertreatment devices, typically mounted in the exhaust systems of the vehicles. The 

Department already inspects aftertreatment devices; however, the amendment provides direction

to vehicle inspectors and enforcement personnel who might otherwise overlook exhaust system 

components during an inspection or investigation. 

N.J.A.C. 7:27-14.5 Test requirements

N.J.A.C. 7:27-14.5(a) is proposed to be amended to specify that the smoke opacity tests 

performed as part of the roadside enforcement program established under N.J.S.A. 39:8-64 and 

13:20-46 apply only to heavy-duty diesel vehicles, defined at N.J.A.C. 7:27-14.2, and not to 

light-duty diesel vehicles or to diesel buses. 

The Department is proposing to amend N.J.A.C. 7:27-14.5(a) to require existing diesel 

emissions tests to be conducted utilizing diesel emissions testing equipment. Only testing 

equipment that meets the requirements of N.J.A.C. 7:27B-4.2(d) and 4.6 qualifies as “diesel 

emissions testing equipment” under the proposed new definition. The existing rule does not 

specify the test equipment to be used for each test, since the existing tests are conducted with a 

standalone smokemeter. The new inspection program will require that heavy-duty diesel 

vehicles be tested with equipment that meets more stringent requirements. All diesel emissions 

testing equipment for the new I/M program will be provided by a single equipment vendor. 
11

Facilities licensed by the MVC to perform official inspections will be provided with information 

regarding how to obtain approved testing equipment. 

The Department proposes to simplify the applicability of the power brake smoke opacity 

test at N.J.A.C. 7:27-14.5(a)3 by removing the medium or high speed engine qualifier. Under 

the existing rule, only those diesel-powered motor vehicles with a medium or high speed engine 

and an automatic transmission could be tested with the power brake smoke opacity test. Under 

the proposed amended rule, any heavy-duty diesel vehicle with an automatic transmission would 

qualify for the power brake smoke opacity test, regardless of engine type. The proposed 

amendment gives diesel inspectors greater flexibility in applying smoke opacity test procedures 

by expanding the category of vehicles eligible for the power brake test. The proposed 

amendment also makes it easier for an inspector to select the appropriate test, because the 

inspector no longer must determine the maximum governed engine speed of a heavy-duty diesel 

vehicle with an automatic transmission.

At N.J.A.C. 7:27-14.5(a)4, the Department proposes deleting the visible black smoke 

screening test requirement. The Department proposes a similar amendment at N.J.A.C. 7:27B4.3. A well-maintained and properly tuned diesel engine should not emit smoke of any color in 

the exhaust, except for very short puffs of black smoke during acceleration, deceleration, or 

change of engine speed. Because the Department has proposed, as part of its amendments to the 

Diesel Powered Motor Vehicle Inspection and Maintenance Program, to amend the public 

highway standard at N.J.A.C. 7:27-14.4(a) to prohibit visible smoke of any color (see 40 N.J.R. 

3541(a)), a separate visible smoke screening test for roadside enforcement will no longer be 

required. 
12

Existing N.J.A.C. 7:27-14.5(b) describes the test requirements for periodic inspection of 

heavy-duty diesel vehicles. There are similar requirements for diesel buses at subsection (c), and 

general requirements for all diesel-powered motor vehicles at subsection (d). The Department is 

proposing to consolidate all the vehicle types and test requirements into subsection (b). As part 

of this consolidation, subsections (c) and (d) are proposed to be deleted, and relevant language 

from those subsections is relocated to (b). As in proposed amended N.J.A.C. 7:27-14.5(a), the 

Department proposes at N.J.A.C. 7:27-14.5(b)3 to expand the power brake smoke opacity test to 

all vehicles with automatic transmissions, by removing the restriction that the engine be a 

medium or high speed diesel engine.

Under the proposed amendments, all heavy-duty diesel vehicles and buses will be subject 

to the same test requirements for periodic testing or self-inspection. All of the existing test 

options will be retained. The rolling acceleration, snap acceleration and power brake smoke 

opacity tests, as appropriate to vehicle type, will remain available testing options. 

Proposed new N.J.A.C. 7:27-14.5(c) describes test requirements for light-duty diesel 

vehicles. The Department is proposing a visible smoke test for light-duty diesel vehicles of all 

model years, and an OBD test for model year 1997 and newer. In accordance with Federal 

requirements, all model year 1997 and newer light-duty diesel vehicles are equipped with a 

functional OBD system. The Department anticipates that the transition to OBD testing for these 

vehicles will be relatively simple. Manufacturers of light-duty diesel vehicles usually

manufacture a similar light-duty gasoline-fueled model. The State has been successfully testing 

OBD systems on light-duty gasoline vehicles since August 2003. 

The Department has no emission testing data for light-duty diesel vehicles because the 

existing rules exempt the vehicles from the testing requirements. The State has conducted 
13

limited pilot testing to ensure OBD equipment compatibility. Currently, about 13,000 light-duty

diesel vehicles are registered in New Jersey, of which 7,800 are model year 1997 or newer. 

Based upon its experience with inspections of light-duty gasoline vehicles, the Department 

anticipates that each year approximately 11 light-duty diesel vehicles will fail the visible smoke 

test, and approximately 356 light-duty diesel vehicles will fail the OBD test. The Department 

also anticipates that light-duty diesel vehicles will initially fail at a higher rate than their 

gasoline-fueled counterparts. Vehicles that are subject to regular testing are more often properly 

maintained, because a well maintained vehicle is less likely to emit pollutants in excess of the 

emissions limits than a poorly maintained vehicle. Therefore, until light-duty diesel vehicle 

owners subject their vehicles to regular maintenance, the vehicles are more likely to fail 

inspection.

Proposed new N.J.A.C. 7:27-14.5(g) and (h) describe the criteria the Department applies 

to determine OBD eligibility. This proposed new language is equivalent to the OBD eligibility

criteria for gasoline vehicles at existing N.J.A.C. 7:27-15.5(m) and (n).

The Department is proposing to recodify subsections (e), (f) and (g) of N.J.A.C. 7:27-

14.5 as (d), (e) and (f). 

N.J.A.C. 7:27-14.6 Inspection standards

The proposed deletion of N.J.A.C. 7:27-14.2(c) subjects light-duty diesel vehicles to the 

inspection standards at N.J.A.C. 7:27-14.6; however, the Department does not intend that the 

opacity standards at N.J.A.C. 7:27-14.6(a) apply to light-duty diesel vehicles. Accordingly, the 

Department proposes to amend N.J.A.C. 7:27-14.6(a) to limit the opacity standards to heavyduty diesel vehicles and diesel buses.
14

In order to maintain consistency with the proposed amendments to N.J.A.C. 7:27-14.5 

that consolidate test procedures and vehicle types, the Department is proposing to amend 

N.J.A.C. 7:27-14.6(c) and (d) to include the rolling acceleration test as an option for diesel buses 

and retrofitted EPA urban diesel buses. The Department considers all the smoke opacity test 

procedures to be equally applicable. The same opacity standards apply, no matter which of the 

test methods is used. The Department does not propose to amend the smoke opacity standards 

themselves in this proposal; however, the Department proposed to amend the opacity standards 

in its pending proposal published on June 16, 2008 (40 N.J.R. 3541(a)) (Diesel Cutpoint rules). 

If the proposed Diesel Cutpoint rules are adopted, the Department will, on adoption of the within 

amendments, add the rolling acceleration smoke opacity test to the amended standards for diesel 

buses and retrofitted diesel buses at N.J.A.C. 7:27-14.6(j) and (k) (which are proposed to be 

added to the section as part of the Diesel Cutpoint rules). The standards would go into effect six 

months after the operative date of the Diesel Cutpoint rules, which is anticipated to be a date 

prior to date that the within rules are operative. Without such an amendment, the rules could be 

interpreted as allowing a diesel bus or retrofitted EPA urban bus to use the rolling acceleration 

test only until a date six months after the operative date of the Diesel Cutpoint rules, when the 

new standards go into effect.

The Department is proposing new N.J.A.C. 7:27-14.6(h) and (i) to include standards for 

the proposed visible smoke test and OBD test for light-duty diesel vehicles. Proposed subsection 

(h) parallels N.J.A.C. 7:27-15.6(a), which applies the same test procedures to gasoline-fueled 

vehicles. Proposed new subsection (i) parallels the OBD inspection standards for gasolinefueled vehicles at proposed amended N.J.A.C. 7:27-15.6(b)3, discussed below. The Department 
15

anticipates an increase in emission failures for light-duty diesel vehicles, as discussed in the 

Summary of N.J.A.C. 7:27-14.5, above. 

Appendix

The Department is proposing an Appendix to N.J.A.C. 7:14, similar to the Appendix to 

N.J.A.C. 7:27-15 for gasoline-fueled vehicles. The proposed Appendix presents a table 

providing a simplified overview of the emission test procedures a diesel vehicle may be subject 

to, based on model year and vehicle type.

N.J.A.C. 7:27-15 Control and Prohibition of Air Pollution from Gasoline-Fueled Motor 

Vehicles

N.J.A.C. 7:27-15.1 Definitions

The Department proposes a definition for “autobus.” The term autobus is used at 

N.J.A.C. 7:27-15.8. Providing a definition for autobus adds clarity to the rules and enhances

enforceability. The proposed definition is derived from the definition of “diesel bus” at N.J.A.C. 

7:27-14.1. In the context of this Subchapter, an autobus is functionally equivalent to a diesel 

bus in design and use. Each diesel bus falls within the definition of autobus; however, not every

autobus is a diesel bus. An autobus could be fueled other than with diesel fuel. In the context of 

subchapter 15, regulated autobuses are only those that fall within the limitations of N.J.A.C.

7:27-15.2, Applicability.

The Department is proposing to add definitions for “Malfunction Indicator Light” or 

“MIL” and “diagnostic trouble code” or “DTC” as these terms are used within this subchapter. 
16

The proposed definition of malfunction indicator light is identical to the existing definition of the 

term at N.J.A.C. 7-27B-5.1. The proposed definition of diagnostic trouble code is identical to 

that proposed at N.J.A.C. 7:27-14.1. The malfunction indicator light and the diagnostic trouble 

code operate in a gasoline-fueled motor vehicle in the same way as described in the summary of 

amendments to N.J.A.C. 7:27-14.1, above.

The Department proposes to replace the definition of “Division of Motor Vehicles” or 

“DMV” with a definition of “Motor Vehicle Commission” or “MVC,” and relocate it 

alphabetically, to reflect the change in that agency from a division within the New Jersey

Department of Transportation to an independent commission. Wherever Division of Motor 

Vehicles or DMV appears in the existing rules, the Department proposes to replace it with Motor 

Vehicle Commission or MVC. 

The Department proposes to amend the definition of “EPA Memorandum 1A” to reflect 

the change in the name of the “Bureau of Transportation Control” to the “Bureau of Motor 

Vehicle Inspection and Maintenance” within the Department. Wherever Bureau of 

Transportation Control appears within the existing rules, the Department proposes to replace it 

with Bureau of Motor Vehicle Inspection and Maintenance. 

The Department proposes to amend the definition of “gasoline-fueled” in order that it 

applies to hybrid vehicles that may use a gasoline engine for only part of their motive power. 

The Department proposes to delete the definitions for “loaded vehicle weight” and “low 

mileage vehicle.” These terms are used only in reference to test procedures or standards that are 

proposed to be deleted from the subchapter.

The Department proposes to amend the definition of “motor vehicle testing equipment” 

to correct cross references. 
17

The Department proposes to amend the definition of “on board diagnostics” to cite 

specific California and Federal regulations that require motor vehicle manufacturers to equip 

vehicles with standardized computerized diagnostic systems. The reference to 1996 and newer 

vehicles is proposed to be deleted. On board diagnostics have been installed on a larger 

population of vehicles than the Department originally identified as candidates for OBD 

inspection requirements when this definition was first adopted. The Department is proposing to 

expand OBD testing to light-duty diesel vehicles and may in the future further expand the list of 

vehicle types subject to OBD testing. At this time, the Department’s intention is to create a 

more generic and widely applicable OBD definition to encompass both current and future OBD 

testing requirements.

N.J.A.C. 7:27-15.3 General public highway standards

The Department proposes at N.J.A.C. 7:27-15.5 and 15.6 to delete existing test 

procedures and standards that refer to the measurement of oxides of nitrogen. This exhaust gas 

will no longer be measured as part of the inspection process. The only inspection test that 

measures oxides of nitrogen is the ASM5015 test which the Department is proposing to delete. 

Therefore, the Department proposes to amend N.J.A.C. 7:27-15.3(b) to remove oxides of 

nitrogen from the general public highway standard. 

As part of the new I/M program design, the State made a decision to remove the existing 

repair cost waiver option for emissions compliance. This option allows motorists whose vehicles 

do not meet exhaust or OBD emissions standards to receive a waiver, valid for one inspection 

cycle, upon proof of compliance with waiver requirements. The waiver process was originally 

implemented to relieve some motorists from the excessive cost of repairs necessary for their 
18

vehicles to comply with the then new ASM5015 test. The ASM5015 test subjects vehicles to a 

loaded dynamometer-based test that is more stringent than an idle test. In order to qualify for a 

waiver, the vehicle must pass an idle exhaust emissions test. Historical waiver rates have been 

0.1 percent or less of initial exhaust emission failures. This typically represents fewer than 300 

vehicles per year.

The waiver was implemented as an alternative to the ASM5015 test. Because the 

Department is proposing to eliminate the ASM5015 test procedure at N.J.A.C. 7:27B-5.5 and 

replace it with a variation of the idle test, the waiver is no longer necessary. Accordingly, the 

Department proposes to amend N.J.A.C. 7:27-15.3(c) to remove the waiver provision. 

N.J.A.C. 7:27-15.5 Motor vehicle inspections

The Department proposes to amend, at N.J.A.C. 7:27-15.5(b), the inspection frequency

for motor vehicles subject to the school bus inspection program. To maintain consistency with 

the MVC’s proposed amendments to N.J.A.C. 13:20-30, the Department proposes to change the 

inspection frequency for school buses from semi-annual to annual. This is not projected to have 

any impact on failure rates of these vehicles or on the environmental impact of the inspection 

program. Changing the frequency of inspection does not impact failure rates, which is the 

probability of failure. The probability remains the same. If a vehicle has a condition that will 

cause it to fail inspection, it will fail, whether the inspection is annual or semi-annual. The 

environmental impact as a result of the reduction in frequency of testing school buses is too 

small for the Department to measure or model.
19

At N.J.A.C. 7:27-15.5(d), the Department proposes to remove the option to comply with 

inspection requirements via waiver, as discussed above regarding N.J.A.C. 7:27-15.3.

At N.J.A.C. 7:27-15.5(f)4, the Department proposes to amend the model year 

applicability of the gas cap test to include only model years 2000 and earlier gasoline-fueled 

motor vehicles. The Department tests the gas cap to determine whether gasoline vapors from 

the fuel tank could leak from the gas cap into the air, which results in air pollution. Under the 

existing rules, the State subjects all gasoline-fueled vehicles of any model year to a gas cap test. 

In practice, gas cap testing is limited to model year 1971 and newer vehicles, as earlier vehicles 

did not have sealed gas caps or their gas caps are not adaptable to the testing apparatus. 

The Department believes that this transition to more limited gas cap testing is 

appropriate, based on changes in vehicle technology. Early OBD systems (model year 1996 to 

2000) developed by motor vehicle manufacturers were not able to reliably detect malfunctioning 

evaporative emissions system components. By model year 2001, the vehicle manufacturers had 

refined their OBD systems and tighter evaporative emissions standards were imposed by the 

USEPA. The Department expects that model year 2001 and newer vehicles can rely on the 

OBD system to indicate an evaporative system malfunction, which includes gas cap failure. 

For calendar year 2007, the gas cap failure rate for model year 2000 and earlier vehicles 

was 2.5 percent. During the same time, the gas cap failure rate for model year 2001 and newer 

vehicles was 1.8 percent. In 2007, over 17,000 model year 2001 and newer vehicles failed the 

gas cap test. If the gas cap testing were eliminated for model year 2001 and newer vehicles, as 

proposed, those vehicles in that age range that would have failed the gas cap test under the 

existing rules would not be subject to the test. However, the Department anticipates that the 

OBD system for most of those vehicles would indicate a malfunction of the evaporative system, 
20

resulting in a failed inspection; thus, the increase in emissions as a result of eliminating the gas 

cap test for those vehicles would be limited, as discussed in the Environmental Impact below. 

At N.J.A.C. 7:27-15.5(g), the Department proposes to delete obsolete language regarding 

the phase-in of OBD testing. Mandatory OBD testing has been fully implemented since January 

2004. 

At N.J.A.C. 7:27-15.5(g)2, the Department proposes replacing both the ASM5015 and 

2500 RPM tests with the two speed idle (TSI) test. This is one of the more significant I/M 

program infrastructure changes proposed, though it has an impact on a decreasing minority of 

vehicles. The ASM5015 test is the default exhaust emissions test for model year 1981 through 

1995 light-duty gasoline-fueled vehicles, which represent less than one third of the New Jersey

vehicle population. It involves operation of the vehicle on a dynamometer that simulates driving 

conditions by loading the engine and drivetrain through the drive wheels while exhaust 

emissions are sampled and measured by an analyzer. The 2500 RPM test is used to measure 

exhaust emissions while the engine is held at a constant speed of 2500 RPM, but does not load 

the vehicle drivetrain or utilize a dynamometer. The 2500 RPM test is used as an alternative to 

the ASM5015 for certain vehicles that are incompatible with dynamometer testing, such as those 

with nondisengageable traction control or all wheel drive. The use of dynamometers for vehicle 

emissions testing is being phased out nationally and dynamometer parts and equipment are 

becoming increasingly more difficult and expensive to acquire and maintain. 

The TSI test is based upon a combination of an idle test mode and a 2500 RPM test 

mode. In both modes the vehicle engine is operated with the transmission in park or neutral, and 

a dynamometer is not required. The vehicle must pass the exhaust emission standards for both 

the idle and 2500 RPM test modes in order to pass a TSI test. The TSI test uses well established 
21

equipment and test methods, and the equipment is significantly less expensive to obtain and 

maintain. The anticipated vehicle emission failures are discussed below at the Summary of 

proposed amended N.J.A.C. 7:27-15.6..

As it proposes in N.J.A.C. 7:27-15.3, and for the same reasons discussed above, the 

Department proposes to eliminate the option to comply via waiver at N.J.A.C. 7:27-15.5(h). 

N.J.A.C. 7:27-15.5(i) prescribes the on-road inspection requirements. The Department 

proposes to amend this subsection to conform to the proposed amendments to the periodic 

inspection requirements discussed above. This includes replacing the ASM5015 and 2500 RPM 

tests with the TSI test and changing the applicability of the gas cap test. In addition, a reference 

to the Director of DMV is amended to instead reference the Chief Administrator of MVC. 

At N.J.A.C. 7:27-15.5(l), the Department is proposing to remove the IM240 test as a test 

method for program evaluation. The Department previously deleted most references to the 

IM240 test procedure because the IM240 emissions test was not a required test in New Jersey's 

enhanced I/M program. (See 34 N.J.R. 1811(a), 35 N.J.R. 429(a).) The test was performed 

only to evaluate the effectiveness of the program, as required at 40 CFR 51.353. The equipment 

required to perform an IM240 test is expensive and difficult to maintain and requires speciallytrained inspectors to operate it. The State will not retain any equipment for performing the

IM240 test in the new I/M program. If alternative test methods suitable for evaluating the 

effectiveness of the program become available for use, the State will consider their feasibility for 

this application in order to continue to report program effectiveness to the USEPA. 

The Department also proposes to amend the section to update cross references.

N.J.A.C. 7:27-15.6 Motor vehicle inspection standards
22

The Department proposes to amend N.J.A.C. 7:27-15.6(b) to remove reference to oxides 

of nitrogen. This exhaust gas will no longer be measured as part of the inspection process. The 

only inspection test that measures oxides of nitrogen is the ASM5015 test which the Department 

is proposing to delete. 

The Department proposes to amend Tables 1 and 2 to remove reserved portions of the 

tables that referred to exhaust emission standards for vehicles operated on a fuel other than 

gasoline, which portions the Department proposed in 1995. The Department has reserved these 

standards in an effort to address the issue of possible false failures of alternatively-fueled 

vehicles. At that time, there was some question whether the alternatively-fueled vehicles may

mistakenly be identified as high emitters of reactive hydrocarbons and, consequently, fail the 

exhaust test. The Department reserved standards for alternatively-fueled vehicles until 

standards designed for non-methane hydrocarbons could be developed. (See 27 N.J.R. 2752(a), 

27 N.J.R. 3806(a).) The Department was never required to develop different exhaust emission 

standards for alternative fuel vehicles because the need did not arise. The motor vehicle testing 

equipment used in the I/M program since 1999 has the ability to automatically adjust exhaust gas 

measurements based on fuel type. 

The Department proposes to amend Table 2 to replace standards for the 2500 RPM test 

with standards for the TSI test. The TSI test standards proposed are identical to those prescribed 

by the USEPA at 40 CFR 85.2203 and 2204, and used nationally, and are also identical to the 

idle test standards the Department uses for model year 1981 and newer vehicles, as set forth in 

N.J.A.C. 7:27-15.6(b), Table 1, Exhaust Emission Standards for the Idle Test; LDGVs and 

LDGTs Powered by Gasoline. This proposed amendment will have an impact on exhaust 

emission test failure rates for model year 1981 through 1995 vehicles. Recent inspection data 
23

show that the failure rate for the ASM5015 test averages 12 percent with individual model year 

rates as high as 33 percent for 1981 vehicles and as low as four percent for 1995 vehicles. The 

Department projects an average failure rate for the TSI test, using these proposed standards, of 

five percent with a high failure rate of 18 percent for 1981 vehicles and a low failure rate of three 

percent for 1995 vehicles. This projected reduction in vehicle failures does result in some loss of 

emission reductions from those vehicles subject to the TSI test. The Environmental Impact 

below contains a detailed analysis of the emission reductions from the proposed amendments to 

the I/M program.

The Department proposes to delete N.J.A.C. 7:27-15.6(b)3, including Tables 3 and 4, and 

recodify subsequent paragraphs. N.J.A.C. 7:27-15.6(b)3 and the tables contain standards for the 

ASM5015 test, which is proposed for deletion and explained elsewhere in this summary. 

Existing N.J.A.C. 7:27-15.6(b)4, which the Department proposes to renumber as N.J.A.C. 

7:27-15.6(b)3, contains failure criteria for the OBD test procedure. Proposed amended N.J.A.C. 

7:27-15.6(b)4iv clarifies that readiness criteria apply only to non-continuous monitors. The 

continuous monitors are, by design, expected to always be ready. Malfunctions of the 

continuous monitors are addressed by proposed new N.J.A.C. 7:27-15.6(b)4v, discussed below. 

Continuous monitors should never display a result of not-ready on a properly functioning 

vehicle. Therefore, only non-continuous monitors need to be counted toward readiness criteria. 

The number of readiness monitors that represent a failure in accordance with 40 CFR 51.357 

(which is incorporated by reference into the existing rule) is three or more for model year 1996 

to 2000 vehicles and two or more for model year 2001 and newer vehicles. The existing rule 

improperly states that the number of monitors must exceed three and two, respectively, to 
24

represent failure. By amending the rule to say “equals or exceeds” three and two, respectively, 

this misstatement is corrected. 

Proposed new N.J.A.C. 7:27-15.6(b)4v requires that all continuous readiness monitors 

must be supported and ready in order for a vehicle to pass the OBD test. The USEPA and 

California Air Resource Board requirements for OBD systems on vehicles specify that the 

continuous OBD monitors must always be implemented and functional (i.e., supported). Since 

the OBD test was fully implemented in 2004, the Department and MVC have observed that some 

vehicles are able to pass the OBD test with most or all readiness monitors unsupported. This can 

happen because the existing OBD readiness failure criteria count only the total number of not 

ready monitors and ignores unsupported monitors. However, a vehicle that displays continuous 

readiness monitors as unsupported is clearly in a malfunctioning condition. In a normally 

functioning vehicle, the continuous readiness monitors should always be supported and ready; 

accordingly, the Department proposes to amend the rules to include that as a condition necessary 

to pass the OBD test. The Department projects that this proposed amendment may impact up to 

10,000 vehicles per year. 

Under proposed new N.J.A.C. 7:27-15.6(b)4vi, a vehicle cannot be considered to have 

passed the OBD test if the Malfunction Indicator Lamp (MIL) is illuminated while the vehicle 

engine is running. The Department projects that this proposed new requirement would impact 

0.05 percent of the inspected vehicle population and result in about 1,500 new OBD failures per 

year. These vehicles, whose MIL is illuminated, would be allowed to pass the OBD test under 

the existing rules.

Proposed amendments to N.J.A.C. 7:27-15.6(b)4viii change the criteria for those vehicles 

initially failing the OBD test for a problem related to the catalytic converter. A certain range of 
25

diagnostic trouble codes returned from the vehicle OBD system indicates a failure of the 

catalytic converter. When a vehicle that has this type of OBD failure returns for reinspection, it 

is treated differently from vehicles that did not initially have a catalytic converter failure. One of 

the readiness monitors on the vehicle’s OBD system examines the function of catalytic 

converter. If a vehicle that initially failed for a catalyst-related problem returns for reinspection 

with the catalyst monitor not-ready, the State cannot determine if the catalyst-related problem 

was properly repaired until the catalyst monitor reports via the OBD system as ready. For 

brevity, the State refers to vehicles subject to this condition as a “catalyst retest” scenario. 

Under existing rules, vehicles in this scenario are subject to an ASM5015 test to confirm 

that exhaust emission readings do not exceed applicable standards. The ASM5015 test helps the 

State to confirm proper catalyst function. Since the Department is proposing to discontinue the 

ASM5015 test, this mechanism will no longer be available. The TSI test proposed to replace the 

ASM5015 test will not effectively test catalyst function. Therefore, the Department proposes to 

amend the catalyst retest criteria to require that the catalyst monitor be ready upon reinspection. 

Otherwise, the vehicle would fail the OBD test. This proposed amendment would potentially

impact up to 7,000 vehicles per year. Currently, of the vehicles meeting the unique catalyst 

retest condition and receiving an ASM5015 test, most successfully pass the ASM5015 test. 

Under the proposed amended rules, those vehicles would fail the OBD test and be required to 

return for reinspection with the catalyst monitor ready in order to pass the OBD test. 

The proposed amendments to N.J.A.C. 7:27-15.6(e) and (f) remove the existing 

exemption from exhaust emission testing for vehicles powered by fuels other than gasoline. The 

Department proposes that alternative fuel vehicles be subject to the same standards as all other 

gasoline-fueled vehicles. This includes those alternative fuel vehicles subject to exhaust 
26

emissions testing and OBD testing. In 2007, approximately 1,900 alternative fuel vehicles were 

exempted from emission inspection. Most of these vehicles were model year 1996 or newer and 

would be subject to an OBD test under these proposed rules. The Department expects that this 

proposed amendment could result in approximately 360 additional vehicle failures each year. 

The Department proposes to amend this section to update cross references.

N.J.A.C. 7:27-15.7 Prohibition of tampering with emission control apparatus

The Department proposes amending N.J.A.C. 7:27-15.7 to update the California Air 

Resources Board’s mailing address and add a website.

N.J.A.C. 7:27-15.8 Idle standard

At N.J.A.C. 7:27-15.8(b), the Department proposes to amend the idle standard 

exemptions for gasoline-fueled vehicles to align the exemptions with recent amendments to the 

rules for diesel-powered vehicles at N.J.A.C. 7:27-14. (See 38 N.J.R. 3728(b), 39 N.J.R. 

2531(a).) Consistency in the rule text in both subchapters will make the Department’s idle 

standards clearer to the public and assist in more uniform enforcement. 

N.J.A.C. 7:27-15.8(b) contains a list of exemptions to the three-minute idling restriction. 

To the exemption at N.J.A.C. 7:27-15.8(b)1, the Department proposes to add a limited exception 

for autobuses that are actively discharging or picking up passengers. In any 60 minute period the 

bus may idle for 15 consecutive minutes, which the Department believes is sufficient time for 

passengers to embark or disembark. The Department intends to prohibit the current practice of 

bus idling while passengers are not on board. This proposed amendment makes the rule 

consistent with N.J.A.C. 7:27-14.3(a)2, which applies to diesel buses.
27

Existing N.J.A.C. 7:27-15.8(b)2 exempts all motor vehicles stopped in a line of traffic 

from the idling restriction. The Department proposes to amend this exemption, to be consistent 

with recent amendments to N.J.S.A. 39:3-70.2, the Motor Vehicle Code, which allow vehicles 

other than school buses to idle when they are stop and go in a queue of motor vehicles. (See 

P.L.2005, c.219.) The exception would not apply to school buses in a stop and go queue, such as 

lined up to pick up students after school, which means they would have to comply with the 3 

minute idling limit. A school bus could, however, idle in stopped traffic on a highway. 

Although the Motor Vehicle Code does not apply to the Department, it is appropriate that the

Department amend its rules to conform to the legislation, in order that the idling restrictions are 

consistent. Moreover, the Department believes that special attention to school buses is warranted 

due to the fact that exposure to school bus exhaust is experienced by children, who are a 

sensitive population at risk for increased adverse health impacts from air pollution. This 

proposed amendment makes the rule consistent with N.J.A.C. 7:27-14.3(b)1, which applies to 

diesel-powered motor vehicles.

The Department proposes to amend N.J.A.C. 7:27-15.8(b)3 to clarify exemptions to the 

three-minute idling limit for vehicles whose engines are used for tasks other than propulsion, 

passenger compartment heating or passenger compartment air conditioning. This exemption has 

proven to be very difficult for the regulated community to interpret. Accordingly, the 

Department is proposing to amend the exemption to provide examples of the types of mechanical 

operations to which the exemption applies, but not change the substance of the exemption. This 

amendment makes the rule consistent with N.J.A.C. 7:27-14.3(b)2, which applies to dieselpowered motor vehicles.
28

Existing N.J.A.C. 7:27-15.8(b)5 exempts an emergency vehicle in an emergency situation 

from the idling restriction; however, it has not been clear in the past what types of vehicles are 

considered “emergency” and what is the scope of an emergency situation. As a result, owners 

and operators of vehicles that are not actually emergency vehicles, or that are not actively 

providing emergency services, have mistakenly tried to use this exemption. An example of a 

common misapplication of the exemption would be a public utility dump truck. There may be 

limited situations in which the dump truck is pressed into service in an emergency, in which case 

it would qualify for the exception to the idling restriction; however, in most circumstances, the 

dump truck would not qualify for the exception. Heavy rescue and HAZMAT response vehicles, 

on the other hand, are “emergency vehicles”; however, they would not qualify for the exception 

unless they are actively performing emergency services. The Department intends that the 

amendment will reduce unnecessary idling by vehicles not in an emergency situation. This 

proposed amendment makes the rule consistent with N.J.A.C. 7:27-14.3(b)4, which applies to 

diesel-powered motor vehicles.

Misinterpretation of existing N.J.A.C. 7:27-15.8(b)6 which allows a motor vehicle while 

it is being repaired to idle longer than three minutes, has resulted in unnecessary idling when 

repairs are performed that do not require the engine to run. Therefore, the Department proposes 

to amend the exemption, to state that the exemption applies only when repairs require the engine 

to be running. For example, a repair to a window or tire does not require the engine to run. 

Adjustment of the engine idle, on the other hand, might require the engine to be running during 

the adjustment. This proposed amendment makes the rule consistent with N.J.A.C. 7:27-

14.3(b)5, which applies to diesel-powered motor vehicles.
29

Existing N.J.A.C. 7:27-15.8(b)7 allows gasoline-powered motor vehicles to idle while 

they are connecting or detaching from a trailer. The Department proposes to delete N.J.A.C. 

7:27-15.8(b)7, because attaching or detaching a trailer will be covered by the exemption of 

N.J.A.C. 7:27-15.8(b)3, which allows a vehicle to idle if the engine is necessary for mechanical 

operation other than propulsion. The Department deleted a similar provision applicable to 

diesel-powered motor vehicles at former N.J.A.C. 7:27-14.3(b)7 in its adoption published on 

July 2, 2007 (38 N.J.R. 3728(b), 39 N.J.R. 2531(a)).

Existing N.J.A.C. 7:27-15.8(b)8 exempts a sleeper-berth equipped gasoline-powered 

motor vehicle from the three-minute idling limit when the sleeper berth is being used for 

sleeping or resting, in a non-residentially zoned area. Under proposed amended N.J.A.C. 7:27-

15.8(b)8, this exemption does not apply to vehicles equipped with functional auxiliary power 

units. An auxiliary power unit can provide the same functions, such as cabin heating and engine 

warming as idling the vehicle’s primary engine while using less fuel and producing fewer 

emissions or air contaminants. If the vehicle is equipped with an auxiliary power unit, there is 

no need to idle the vehicle’s primary engine to provide the same functions. 

APPENDIX

The Department proposes to replace the existing test applicability table in the Appendix 

with a revised and expanded table that includes proposed amendments to the exhaust emission 

tests. The proposed table conforms to the proposed amended rules and identifies the tests to 

which a gasoline-fueled vehicle is subject, including existing tests that are not identified in the 

existing Appendix. 
30

N.J.A.C. 7:27A-3. Civil Administrative Penalties and Requests for Adjudicatory Hearings

N.J.A.C. 7:27A-3.10 Civil administrative penalties for violation of rules adopted pursuant 

to the Act

In conjunction with the proposed amendments to N.J.A.C. 7:27-15.8 to harmonize the 

gasoline vehicle idle standard to the idle standard adopted for diesel vehicles, the Department is 

also proposing to amend the civil administrative penalties for violations of N.J.A.C. 7:27-15.8. 

The penalties proposed at N.J.A.C. 7:27A-3.10(m)15 are identical to those adopted for diesel 

vehicles at N.J.A.C. 7:27A-3.10(m)14 as they pertain to violations of the idle standard.

N.J.A.C. 7:27B-4 Air Test Method 4: Testing Procedures for Diesel-Powered Motor 

Vehicles

N.J.A.C. 7:27B-4.1 Definitions

The Department is proposing to add new definitions that pertain to OBD testing. These 

new terms are “on board diagnostics” or “OBD,” “data link connector” or “DLC,” “key on 

engine off” or “KOEO,” “key on engine running” or “KOER,” “malfunction indicator light” or 

“MIL,” “readiness” and “readiness monitors.” The proposed definitions are identical to the 

existing, or proposed amended definitions of the terms at N.J.A.C. 7:27-15 and N.J.A.C. 7:27B5, relating to OBD diagnostic testing of gasoline-fueled vehicles.

The Department is proposing a new definition for “diesel emissions testing equipment” 

and to amend “emission control apparatus” as discussed at section N.J.A.C. 7:27-14.1 above. 
31

The Department is proposing to add a definition of “retrofit device,” a term is used in the 

proposed amended definition of emission control apparatus. The proposed definition of retrofit 

device is identical to the amended definition proposed at N.J.A.C. 7:27-14.1. 

The Department is proposing to amend the definition of “smokemeter” to reflect the 

change in how a smokemeter will be used under the restructured I/M program. In the existing 

diesel I/M program, standalone smokemeters are used to perform smoke opacity measurements 

and these smokemeters print a report that serves as the primary test record. The new I/M 

program will use the same method of equipment configuration for the diesel test equipment as 

has been used for gasoline test equipment since 1999. That is, the smokemeter will no longer be 

a standalone instrument, but part of an analyzer system that includes a computer that records 

results and communicates with the State database in order to complete the inspection transaction. 

N.J.A.C. 7:27B-4.2 General instructions for all tests

N.J.A.C. 7:27B-4.2 provides general instructions for emissions tests (subsection (a)), 

equipment requirements for smoke opacity tests (subsection (b)), equipment specifications 

(subsection (c)), and instructions for obtaining a list of approved test equipment (subsection (d)). 

As a practical matter, existing N.J.A.C. 7:27B-4.2 applies only to heavy-duty diesel vehicles and 

diesel buses, because the existing subchapter does not specify tests for light-duty vehicles. In 

light of proposed new N.J.A.C. 7:27B-4.7 and 4.8, which will apply to light-duty vehicles, it is 

necessary that the Department amend N.J.A.C. 7:27B-4.2 to separate the section so that 

subsection (a) applies only to heavy-duty diesel vehicles and diesel buses, and proposed new 

subsection (b) applies only to light-duty vehicles. Existing subsections (b), (c) and (d) are 

proposed to be renumbered. 
32

At proposed amended N.J.A.C. 7:27B-4.2(a)3, the Department is proposing to lower the 

threshold for operating temperature from 70 degrees to 60 degrees as measured via oil 

temperature, and permit the operating temperature determination by measurement of oil 

temperature or water temperature instead of both. The Department has determined that lowering 

the acceptable operating temperature to 60 degrees will not impact the accurate measurement of 

smoke opacity. Giving inspectors the ability to use oil or water temperature measurements offers 

additional flexibility that makes the test easier to perform. 

Proposed amendments to N.J.A.C. 7:27B-4.2(a)6 provide additional instruction regarding 

the ambient temperature and humidity test conditions. Limitations on acceptable temperature 

and humidity conditions are imposed by the Society of Automotive Engineers for smoke opacity 

measurement. Proposed amended N.J.A.C. 7:27B-4.2(a)9 refers to exhaust aftertreatment 

systems, which are emission control apparatus on later model diesel vehicles. The proposed 

amendment instructs the inspector to consider the mode of the aftertreatment system, and 

whether the exhaust temperature is high. Attempting to conduct a smoke opacity test while the 

vehicle is regenerating the aftertreatment system could result in inaccurate opacity measurements 

and the high exhaust temperatures could damage the test equipment and pose a safety hazard to 

inspectors. 

Proposed amended N.J.A.C. 7:27B-4.2(a)10 reflects the Department’s proposed 

amendment to N.J.A.C. 7:27-14, in the pending proposal of the Diesel Cutpoint rules, 40 N.J.R. 

3541(a), to prohibit smoke of any color, as discussed above.

The Department is proposing to delete N.J.A.C. 7:27B-4.2(a)11 and 12. This proposed 

deletion is consistent with other proposed amendments that alter the manner in which diesel 

emissions test equipment will be approved by the Department. In the new I/M program, one 
33

vendor will provide all test equipment to all types of test facilities. The Department will work 

directly with that vendor to develop test equipment that satisfies all applicable specifications. 

Independent suppliers of test equipment will no longer be permitted to submit equipment to the 

Department for approval. As such, detailed specifications are not needed in this subchapter. The 

test equipment requirements will be addressed in specifications developed jointly by the 

Department and the equipment vendor, rather than specified in regulation

The Department is proposing new N.J.A.C. 7:27B-4.2(b) to establish general instructions 

for light-duty diesel vehicle testing. These instructions are substantially similar to the general 

instructions at N.J.A.C. 7:27B-5.2(a), applicable to gasoline-fueled vehicles, except that the 

proposed N.J.A.C. 7:27B-4.2(b) does not include instructions not relevant to light-duty diesel 

vehicles. Gasoline vehicles are subject to exhaust emissions testing using an exhaust sample 

probe and diesel vehicles are not. With respect to the parameters that are important to emissions 

testing in an I/M program, the instructions for inspecting light-duty diesel vehicles and light-duty 

gasoline vehicles are similar. 

Proposed amended N.J.A.C. 7:27B-4.2(c) changes “smoke opacity” to “emissions” to 

broaden the scope of emissions testing for diesel vehicles for both current and future test 

methods. The Department recognizes recent technology changes in diesel vehicle emission 

controls and test methods. The Department anticipates that smoke opacity will soon be 

supplanted or augmented by other emission test methods such as exhaust gas measurement and 

particulate measurement and this proposal includes the addition of on board diagnostics. 

Proposed amended N.J.A.C. 7:27B-4.2(c) also replaces “a smokemeter” with “diesel emissions 

testing equipment,” consistent with other amendments in this proposal. 
34

Proposed amended N.J.A.C. 7:27B-4.2(d) replaces “motor vehicle emission testing 

equipment” with “diesel emissions testing equipment,” consistent with other amendments in this 

proposal.

Proposed amended N.J.A.C. 7:27B-4.2(e) contains new contact information for the 

Department. 

N.J.A.C. 7:27B-4.3 Procedures for using a smokemeter to measure the smoke opacity of 

heavy-duty diesel vehicles and diesel buses

The Department is proposing to delete N.J.A.C. 7:27B-4.3(d), the visible black smoke 

screening test. With proposed new N.J.A.C. 7:27B-4.7 (the visible smoke test), the visible black 

smoke screening test is redundant and overly complicated. The simplified visible smoke test 

proposed at N.J.A.C. 7:27B-4.7 is required for testing light-duty diesel vehicles. 

The Department is also proposing to delete previously reserved N.J.A.C. 7:27B-4.3(e). 

N.J.A.C. 7:27B-4.4 Emission control apparatus, retrofit device and closed crankcase 

ventilation system examination procedure 

The Department is proposing amendments to N.J.A.C. 7:27B-4.4(a) to expand the 

emission control apparatus examination to all emission control apparatus, not just aftertreatment 

devices. Generally, model year 1997 and newer diesel vehicles and engines have included more 

comprehensive emission control apparatus. The Department believes it necessary to expand this 

test procedure to encompass all emission control apparatus and to clarify that exhaust system 

components are included. Although emission control apparatus, by definition, should include 

exhaust system components, some inspectors do not associate the exhaust system with emissions 
35

controls. This proposed amendment may result in a slight increase in emissions failures for the 

heavy-duty diesel vehicles to which it applies because a deliberate examination of exhaust 

system components might reveal non-compliant components that would have been previously

overlooked. The Department also proposes to update a cross-reference in subsection (a). 

The Department is proposing amendments to N.J.A.C. 7:27B-4.4(b) to expand the 

emission control apparatus examination failure criteria to include all emission control apparatus 

and exhaust system components, rather than just exhaust aftertreatment devices. 

N.J.A.C. 7:27B-4.6 Specifications for diesel emissions testing equipment for determining 

compliance with N.J.A.C. 7:27-14 

The Department is proposing to amend N.J.A.C. 7:27B-4.6 by removing the specific 

equipment requirements that will not apply in the new I/M program, and adding a new 

requirement for OBD equipment. Accordingly, the section title is proposed for amendment to 

better reflect the amended section scope and match the proposed definition for diesel emissions 

testing equipment. As discussed in various parts of this proposal, diesel emissions testing will no 

longer be conducted using a standalone smokemeter. As such, the functions of the smokemeter 

will be absorbed into the larger set of equipment proposed as diesel emissions testing equipment. 

The manner in which the diesel emissions testing equipment is proposed to be described parallels 

the manner in which gasoline vehicle test equipment has been described in the existing I/M 

program in regulations already adopted. This change in equipment specification is consistent 

with the new I/M program design that brings all vehicle inspection data together in to the same 

data management system. With the inclusion of OBD testing for diesel vehicles, the 
36

Department is proposing to add equipment specifications for OBD test equipment at new 

N.J.A.C. 7:27B-4.6(b). The proposed new rule incorporates 40 C.F.R. 85.2231 by reference. 40 

C.F.R. 85.2231 describes the basic hardware and electronic communication requirements for 

OBD testing equipment. 

N.J.A.C. 7:27B-4.7 Procedures for the visible smoke test

As discussed in the Summary of N.J.A.C. 7:27-14.5 above, the Department is proposing 

new rules to establish a visible smoke test for all model years of light-duty diesel vehicles. The 

proposed visible smoke test procedure at N.J.A.C. 7:27B-4.7 is substantially similar to the visible 

smoke test procedure for gasoline vehicles at N.J.A.C. 7:27B-5.3(a), except “diesel vehicle” is 

substituted for “gasoline-fueled motor vehicle.” The test procedure is discussed above in the 

Summary of N.J.A.C. 7:27-14.5. 

N.J.A.C. 7:27B-4.8 Procedures for the on board diagnostics inspection

As discussed in the Summary of N.J.A.C. 7:27-14.5 above, the Department is proposing 

new rules to establish an OBD test for model year 1997 and newer light-duty diesel vehicles. 

The OBD test procedure proposed at N.J.A.C. 7:27B-4.8 is substantially similar to the OBD test 

procedure for gasoline vehicles at existing N.J.A.C. 7:27B-5.7, except some of the corrections 

proposed at N.J.A.C. 7:27B-5.7 are also proposed here. The test procedure is discussed

regarding N.J.A.C. 7:27-14.5 above.
37

N.J.A.C. 7:27B-5 Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor 

Vehicles

N.J.A.C. 7:27B-5.1 Definitions

The Department proposes to amend the definition of “gasoline-fueled” to clarify that it 

applies to hybrid vehicles that may use a gasoline engine for only part of their motive power.

The Department proposes to amend the definition of “motor vehicle testing equipment” 

to correct cross references.

The Department proposes to amend the definition of “on board diagnostics” for the 

reasons discussed in the Summary of N.J.A.C. 7:27-15.1, above. The proposed definition is 

identical to that proposed at N.J.A.C. 7:27-14 and 15, and N.J.A.C. 7:27B-4.

N.J.A.C. 7:27B-5.2 General instructions for all tests

The Department proposes to delete N.J.A.C. 7:27B-5.2(a)4iii, since it references the 

ASM5015 test procedure that the Department is also proposing to delete. The Department 

proposes to amend N.J.A.C. 7:27B-5.2 to update cross references and contact information.

N.J.A.C. 7:27B-5.4 Procedures for the two speed idle test

The Department is proposing to amend the title of N.J.A.C. 7:27B-5.4 to refer to the 

two-speed idle (TSI) test, rather than the 2500 RPM test. The Department is proposing to delete 

N.J.A.C. 7:27B-5.4(a)1 through 8, which are the procedures for the 2500 RPM test that is being 

discontinued. N.J.A.C. 7:27B-5.4(a) is proposed to be amended to incorporate by reference 40 

CFR 85.2215. 
38

The Federal rule at 40 CFR 85.2215 sets forth the requirements for the two speed idle 

test, or TSI. The TSI is a tailpipe test, in which a probe is inserted into the tailpipe of a vehicle 

to collect a sample of the exhaust. The TSI test has two test modes. Exhaust gas measurements 

are made with the vehicle engine at idle (between 350 and 1100 RPM) and at high idle (between 

2200 and 2800 RPM). Generally, each mode may run for a duration of 30 seconds up to 180 

seconds depending upon the exhaust gas values and the results from previous modes. There are 

provisions for fast pass and fast fail that would shorten the test duration to a minimum of less 

than 30 seconds. The test equipment will determine whether or not the vehicle is emitting excess 

pollutants based on measurement of hydrocarbons and carbon monoxide. 

Implementing the USEPA’s TSI test procedure will minimize motor vehicle 

manufacturer emissions warranty compliance issues because the test is a Federally-approved 

emissions test with which motor vehicle manufacturers are required to comply. The TSI test 

equipment uses well-established and readily available hardware. Since the TSI test, or a slight 

variation, is widely used in other jurisdictions, software development for the motor vehicle 

testing equipment is not complicated by a unique test procedure.

N.J.A.C. 7:27B-5.5 Procedures for the ASM5015 test

The Department is proposing to repeal N.J.A.C. 7:27B-5.5, and renumber the remaining 

sections in the chapter. As discussed above, the Department is discontinuing the ASM5015 test, 

and replacing it with the TSI test.

N.J.A.C. 7:27B-5.6 Procedures for the on-board diagnostics inspection
39

The Department is proposing to amend the OBD test procedure at N.J.A.C. 7:27B-5.6 to 

include an additional step to check malfunction indicator light (MIL) condition while the vehicle 

engine is running. The Department also proposes to amend the test condition for a vehicle 

reinspected after an initial catalyst-related OBD failure. A more detailed discussion of these 

specific amendments to the OBD procedure and failure conditions is at the Summary of N.J.A.C. 

7:27-15.6, above. 

N.J.A.C. 7:27B-5.7 Procedures for the fuel cap leak test

Since the USEPA has not promulgated gas cap test equipment requirements at 40 C.F.R. 

85.2227, the Department is proposing to remove the reference to these Federal regulations. The 

USEPA guidance document cited in existing text continues to be the appropriate reference to gas 

cap test equipment requirements. 

N.J.A.C. 7:27B-5.8 Specifications for motor vehicle testing equipment for use in the New 

Jersey Enhanced Inspection and Maintenance Program

At N.J.A.C. 7:27B-5.8(a), the Department proposes to delete the reference to the 2500 

RPM test and replace it with the TSI test, for the reasons discussed above. Accordingly, the 

reference to equipment requirements is amended to incorporate by reference 40 CFR 85.2225, 

Steady state test exhaust analysis system – EPA 91, which is the Federal regulation that 

prescribes minimum standards for TSI test equipment. 

With the proposed deletion of the ASM5015 test procedure, the Department is also 

proposing to delete ASM5015 test equipment requirements at N.J.A.C. 7:27B-5.8(b). 
40

Also, as discussed above with regard to N.J.A.C. 7:27B-5.7, the Department is proposing 

to remove the reference to 40 CFR 85.2227, since the USEPA has not promulgated gas cap test 

equipment requirements. 

The Department proposes to amend the section to correct cross references. 

Social impact

The proposed new rules and amendments are expected to have a positive social impact on 

the residents of New Jersey. The proposed rules continue the State’s control of excess 

pollutants from motor vehicles. For gasoline-fueled vehicles, the major pollutants are the ozone 

precursors, volatile organic compounds (VOCs) and oxides of nitrogen (NOx). For diesel 

vehicles, the proposed introduction of emissions testing of light-duty diesel vehicles is expected 

to reduce the excess emission of particulate matter and NOx. 

Ozone, to which NOx and VOCs contribute, may result in a number of adverse health 

effects. Short-term exposure to ozone can irritate the respiratory system, causing coughing,

throat irritation, and chest pain. Breathing may become more rapid and shallow than normal, 

thereby limiting a person’s normal activity. Ozone also can lead to more asthma attacks that 

require a doctor’s attention and the use of additional medication. Increased hospital admissions 

and emergency room visits for respiratory problems have been associated with ambient ozone 

exposures. Longer-term ozone exposure can inflame and damage the lining of the lungs, which 

may lead to permanent changes in lung tissue and irreversible reductions in lung function. A 

lower quality of life may result if the inflammation occurs repeatedly over a long time period, 

such as months, years, or a lifetime. People who are particularly susceptible to the effects of 
41

ozone include children and adults who are active outdoors, people with pre-existing respiratory

diseases, such as asthma, and people with unusual sensitivity to ozone.

Fine particles are associated with a number of serious health effects, including premature 

mortality, aggravation of respiratory and cardiovascular disease, lung disease, decreased lung 

function, asthma attacks, and certain cardiovascular problems, such as heart attacks and cardiac 

arrhythmia (www.epa.gov/ttn/naaqs/standards/pm/s_pm_index.html). The amended I/M 

program will help to prevent premature deaths, lost work and school days, and non-fatal heart 

attacks and hospital admissions by further limiting the emissions of fine particles. 

By testing vehicles, identifying those with excess emissions and requiring engine and 

emission control repairs, the inspection program reduces levels of harmful pollutants in the air. 

The Department has observed that vehicles subject to periodic emissions inspection tend to be 

better maintained overall. A vehicle engine that is properly tuned and maintained will combust 

fuel as efficiently as it was designed to and emit a minimum of pollutants. Better maintenance of 

vehicle engines will also reduce, to a lesser degree, other byproducts of fuel combustion, such as 

carbon monoxide and carbon dioxide. By promoting better motor vehicle maintenance, the I/M 

program results in improvements in fuel economy. This leads to increased energy efficiency and 

a reduction in greenhouse gases.

The reductions of air pollutants from the I/M program will help the State make progress 

toward the attainment of the National Ambient Air Quality Standard (NAAQS) for ozone and 

fine particulate matter (PM2.5) and, therefore, improve air quality and help make the State a more 

healthful place to live. In this way the I/M program will provide a better quality of life for New 

Jersey citizens. 

Economic Impact
42

The Department anticipates that the proposed new rules and amendments will have an 

economic impact on the residents and small businesses of New Jersey. 

By furthering the State’s goal of significantly reducing air contaminants, the proposed 

new rules and amendments will result in reduced human exposure to these contaminants, thereby

reducing the substantial costs to the State and its citizens that are associated with air pollution, 

such as health care costs, missed days of work, and absences from school. Some of the financial 

benefits to the public include decreased medical care and hospitalization. Each incident of 

asthma has an expenditure of approximately $30.00 to $400.00 for treatment and/or 

hospitalization, depending on the severity of the asthma attack. These figures do not include the 

cost to the individual and family through decreased quality of life and the effect of early

mortality on family members and to the individual. A further reduction in air contaminants, 

resulting from this proposed rulemaking, would help to reduce the number of individuals 

affected by this type of burden. 

The proposed rules would require emission testing for light-duty diesel vehicles for the 

first time in the history of New Jersey’s I/M program. Under the existing rules, light-duty diesel 

vehicles are inspected with the same frequency and at the same locations (Centralized Inspection 

Facilities and Private Inspection Facilities) as light-duty gasoline vehicles, except light-duty

diesel vehicles receive a safety-only inspection. The Department is not proposing to change the 

frequency or location of light-duty diesel vehicle inspections. Nor will the proposed rules cause 

any light-duty diesel vehicles to be inspected that were not previously subject to inspection. 

The Department projects that over 360 light-duty diesel vehicles may fail an emissions 

test each year. These failures will result in a slight increase in reinspection volume as the failed 

light-duty diesel vehicles return to Centralized Inspection Facilities and Private Inspection 
43

Facilities for reinspection after repairs. This will have a negative economic impact on persons 

who own, operate and maintain light-duty diesel vehicles, because they may have to pay for 

repairs to eliminate visible smoke and address other failures that generate OBD fault codes. 

The proposed elimination of the ASM5015 test, and concurrent replacement with a TSI

test, will result in a significant reduction in the cost of test equipment. The current ASM5015 

inspection analyzer with a dynamometer can cost in excess of $50,000, including installation 

costs for the dynamometer. The new OBD and TSI inspection analyzer will cost less than 

$9,000, and will be a self-contained roll-around unit that does not permanently occupy valuable 

floor space in a garage bay as the current dynamometer does. The reduced cost of inspection 

equipment is a positive economic impact for Private Inspection Facilities. 

The proposed elimination of the ASM5015 test, and concurrent replacement with a TSI

test, will also result in a reduced failure rate for model year 1981 through 1995 vehicles, as 

discussed in the Summary of N.J.A.C. 7:27-15.6, above. This will be a positive economic 

impact for owners of those vehicles, who will spend less money on emission-related repairs. 

To the extent that the proposed rules cause an increase in the emission failure rates of 

some vehicles, this effect is offset somewhat by an increase in fuel efficiency that will result 

from proper repair of the malfunctioning vehicles. Although the existing emission inspection 

program has the effect of encouraging vehicle owners to maintain their vehicles to pass 

inspection, these proposed rules will impose more stringent inspection requirements on some 

vehicles. The increased failures and subsequent repairs will result in decreased emissions of 

pollutants and an improvement in fuel economy. 

Environmental Impact
44

The proposed new rules and amendments are expected to have a positive impact on the 

environment. Although the proposed rules are expected to reduce a number of air contaminants, 

the primary focus of the Department’s attainment strategy for the motor vehicle inspection 

program is ground-level ozone. In the presence of sunlight, volatile organic compounds (VOCs) 

and NOx and other compounds in the ambient air react to form ozone. 

In addition to causing adverse health effects, ozone adversely affects vegetation and 

ecosystems, leading to reductions in agricultural crop and commercial forest yields; reduced 

growth and survivability of tree seedlings; and increased plant susceptibility to disease, pests, 

and other environmental stresses. In long-lived species, these effects may become evident only

after several years or even decades, and thus have the potential for long-term adverse impacts on 

forest ecosystems. Damage from ozone to the foliage of trees and other plants can also decrease 

the aesthetic value of ornamental species used in residential landscaping, as well as the natural 

beauty of the national parks and recreation areas. 

The economic value of some welfare losses due to ozone can be calculated, such as crop 

yield loss from both reduced seed production, visible injury to some leaf crops, and visible injury

to ornamental plants, while other types of welfare loss may not be fully quantifiable in economic 

terms, such as visibility impairment and reduced aesthetic value of trees growing in national 

parks. Visibility impairment is especially important in New Jersey, which has a Class 1 visibility

area located at the Brigantine Wilderness area of the Edwin B. Forsythe National Wildlife 

Refuge.

The proposed rules are expected to reduce the ground-level ozone precursors, VOCs and 

NOx. For ease of presentation, in Table 1 below the emission reduction from the proposed rules, 

as compared to the existing rules, are represented as the sum of VOC plus NOx and shown as the 
45

differential from the State’s existing I/M program. For reference, the existing rules reduce 

approximately 9,855 tons per year of VOC plus NOx

Table 1

Comparison of Emission Reduction from Proposed and Existing Rules

Program Elements

Emission Reduction 

from Proposed 

Rules Compared to 

Existing Rules (tons 

per year VOC and 

NOx)

Proposed I/M program base design* -76

Failing unsupported OBD readiness 

monitors

1306

Failing OBD with catalyst monitor not 

ready on retest

902

Emission testing of alternative fuel 

vehicles

46

LDDV+visible smoke testing 1

LDDV OBD testing 46

Total benefits for proposed I/M 

program

2226
46

* Includes change of tailpipe test from ASM5015 to TSI; gas cap test exemption for newer 

vehicles; and elimination of repair cost waivers.

+

 Light-duty diesel vehicles

Some of the proposed amendments result in an increase in emissions. The TSI test is less 

effective than the ASM5015 test at detecting excess exhaust emissions (particularly NOx).

Likewise, eliminating gas cap tests for newer vehicles results in a slightly reduced detection of 

excess VOC emissions. However, other proposed amendments provide a decrease in emissions

compared to the existing rules. The net gain in emission reductions from the proposed rules is an 

additional 6.1 tons per day, or 2226 tons per year of VOC plus NOx, in addition to the reductions 

resulting from the existing rules. Therefore, the proposed rules are approximately 23 percent 

more effective than the existing rules at reducing ozone precursors. 

Federal Standards Statement

Executive Order No. 27(1994) and P.L. 1995, c. 65 require State agencies that adopt,

readopt or amend State regulations that exceed any Federal standards or requirements to include 

in the rulemaking document a comparison with Federal law. 

The proposed new rules and amendments to the Department's enhanced I/M program 

rules do not modify the program design so as to impose standards or requirements that exceed 

any Federal standards or requirements. (The Federal regulations that control establishment of 

enhanced I/M programs are set forth generally at 40 C.F.R. Parts 51 and 85.) Specifically, the 

Department is proposing to update the regulatory framework for the implementation of 

mandatory OBD inspections, and to continue exhaust emissions testing. The proposed program 
47

design does not exceed the Federal requirements set forth at 40 C.F.R. Parts 51 and 85, nor does 

this proposal impose standards that exceed Federal requirements for those standards provided by 

the USEPA. Accordingly, no Federal standards analysis is required.

Jobs Impact

The Department anticipates that the proposed new rules and amendments may create 

additional employment opportunities within New Jersey. As discussed in the Economic Impact 

above, the cost of the test equipment that Private Inspection Facilities must purchase will be 

substantially lower than is required under the existing rules. Consequently, the Department 

expects that more automotive facilities will become licensed Private Inspection Facilities which, 

in turn, will require additional licensed inspectors. Moreover, the proposed inclusion of lightduty diesel vehicle emissions testing in the I/M program may create a broader market for trained 

light-duty diesel vehicle repair technicians. Those light-duty diesel vehicles that fail inspection 

will require repairs or maintenance in order that they can pass. Trained technicians will be 

required in order to perform the repairs. 

The increased demand for licensed Private Inspection Facility inspectors and trained 

light-duty diesel vehicle technicians may also produce additional demand for appropriate 

instructors at the schools and businesses that provide inspector and technician training. 

Agricultural Industry Impact

The Department has evaluated the proposed new rules and amendments to determine the 

nature and extent of their impact on the agriculture industry. 
48

The proposed new rules and amendments are expected to have no detrimental impact on 

the State’s agriculture industry. Rather, these amendments will have a positive impact. As 

discussed in the Environmental Impact above, one of the environmental benefits expected to 

result from the proposed amendments and rules will be a reduction in emissions of NOx and 

particulate matter, which accumulates in air and deposits in soil, as well as in water. According 

to the USEPA, these depositions can make lakes and streams acidic, change the nutrient balance 

in coastal waters and large river basins, deplete the nutrients in soil, damage sensitive forests and 

farm crops, and negatively affect the diversity of ecosystems. There will also be a reduction in 

particulate matter accumulation on agricultural growth. This reduction in accumulation will 

have a positive impact by reducing the damage to that growth that interferes with photosynthesis. 

The proposed rules would also result in the reduction of VOCs. Since VOCs and NOx are 

precursors to ozone formation, decreases in emissions of these chemicals will also result in 

reduced ozone. This reduction in ozone will have a positive impact by reducing the damage to 

agriculture. In addition to the damage on the foliage of plants and trees, ozone interferes with a 

plant’s ability to produce and store nutrients, which makes plants more susceptible to disease, 

insects, other pollutants, and harsh weather. According to the USEPA, this damage impacts 

annual crop production throughout the United States, resulting in significant losses, and injures 

native vegetation and ecosystems.

Regulatory Flexibility Analysis

As required by the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.,

the Department has evaluated the reporting, recordkeeping and other compliance requirements 

that the proposed new rules and amendments would impose upon small businesses. The 
49

Regulatory Flexibility Act defines the term “small business” as “any business which is a resident 

in this State, independently owned and operated and not dominant in its field, and which 

employs fewer than 100 full-time employees.”

The small businesses most impacted by these proposed rules would be licensed Private 

Inspection Facilities and registered Emission Repair Facilities. Although the Department 

proposes to amend the specific test procedures and standards that Private Inspection Facilities 

use for vehicle testing, the proposed rules do not impose any additional reporting or 

recordkeeping requirements. Most of the inspection information is captured electronically by the 

inspection analyzer and automatically transmitted to the State’s database. Since the cost of the 

inspection equipment will be significantly less with the tests proposed herein, as discussed in the 

Economic Impact above, the cost of compliance for Private Inspection Facilities will be reduced. 

The cost of compliance for small businesses that are Diesel Emission Inspection Centers 

will increase. Diesel Emission Inspection Centers will be required to purchase new testing 

equipment for the proposed I/M program at a cost greater than their current equipment cost. On 

the other hand, recordkeeping requirements for the Diesel Emission Inspection Centers will 

decrease. Currently, the Diesel Emission Inspection Centers have to maintain paper records of 

the heavy-duty diesel vehicle inspections and fill out forms by hand. The proposed I/M system 

will include computerized electronic inspection data capture for all Diesel Emission Inspection 

Center inspections. 

The proposed deletion of the repair cost waiver at N.J.A.C. 7:27-15.3(c) and 7:27-

15.5(d)2 will eliminate the need for small businesses to collect and retain vehicle repair receipts 

for the purpose of inspection.
50

For small businesses that are registered to perform emission-related repairs, the emission 

testing of light-duty diesel vehicles will have a positive impact as a result of the additional 

repairs that will be required. That is, those businesses will benefit from the additional emissionrelated repairs generated by the failure of some light-duty diesel vehicles.

To the extent that some small businesses may be owners of light-duty diesel vehicles, 

there may be an increased cost of compliance for those businesses under the proposed rules as 

light-duty diesel vehicles will require an emissions inspection. As some light-duty diesel 

vehicles are expected to fail emissions inspection and need maintenance or repair, the cost of 

repair will be borne by the vehicle owner. 

To the extent that some small businesses may be owners of light-duty gasoline vehicles 

of model year 1981 through 1995, there may be a decreased cost of compliance as a result of the 

projected reduction in failure rate of those vehicles. 

Smart Growth Impact

Executive Order No.4 (2002) requires State agencies that adopt, amend or repeal State 

regulations to include in the rulemaking document a Smart Growth Impact statement that 

describes the impact of the proposed rules on the achievement of smart growth and

implementation of the State Development and Redevelopment Plan (State Plan). 

The proposed new rules and amendments do not impact the State's official land use and 

development policies in a way that would either encourage or discourage any development or 

redevelopment in this State contrary to the guiding principles of the State Plan. As a result, the 

Department does not expect this rulemaking to have an impact on the State's achievement of 

smart growth, or implementation of the State Plan.
51

Because the proposed new rules and amendments are intended to reduce the creating of 

ground-level ozone, primarily through the reduction in emissions of VOCs and NOx, thereby

helping to protect air quality, the proposed rules support the State Plan’s goal of protecting the 

environment and preventing air pollution by implementing a strategy of reducing air pollution at 

the source.

Housing Affordability Impact Analysis

Pursuant to N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by P.L. 2008, c. 46, the 

Department has evaluated the proposed new rules and amendments determine their impact, if 

any, on the affordability of housing. The rules regulate gasoline-powered and diesel-powered 

motor vehicles. The Department has determined that the proposed new rules and amendments 

will impose an insignificant impact because there is an extreme unlikelihood that the rules will 

evoke a change in the average costs associated with housing. 

Smart Growth Development Impact Analysis

Pursuant to N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by P.L. 2008, c. 46, the 

Department has evaluated the proposed new rules and amendments to determine their impact, if 

any, on smart growth development. The rules regulate gasoline-powered and diesel-powered 

motor vehicles. The Department has determined that the new rules and amendments will impose 

an insignificant impact because there is an extreme unlikelihood that the rules will evoke a 

change in housing production in Planning Areas 1 or 2, or within designated centers, under the 

State Development and Redevelopment Plan. Therefore the new rules and amendments will not 

evoke a change in housing production in Planning areas 1 or 2, or within designated centers. 
52

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in 

brackets [thus]): 

CHAPTER 27 AIR POLLUTION CONTROL

SUBCHAPTER 14 CONTROL AND PROHIBITION OF AIR POLLUTION FROM

DIESEL-POWERED MOTOR VEHICLES

7:27-14.1 Definitions

The following words and terms, when used in this subchapter, shall have the following 

meanings, unless the context already indicates otherwise.

... 

[“Black smoke” means smoke in the exhaust emissions of a diesel-powered motor vehicle which 

has a dark achromatic visual value and produces no predominant hue.

“Blue smoke” means smoke in the exhaust emissions of a diesel-powered motor vehicle which 

has a hue of the portion of the visible light spectrum which lies between green and violet.]

...

“Data link connector” or “DLC” means a standardized 16-pin diagnostic test receptacle 

used to connect an analyzer to a motor vehicle.

...
53

“Diagnostic Trouble Code” or “DTC” means an alphanumeric code stored in the on board 

diagnostic system of a motor vehicle, which generally indicates the malfunction of a system 

or component. These codes are defined by SAE J2012 Diagnostic Trouble Code 

Definitions, (MAR92). Copies of SAE J2012 may be obtained from the Society of 

Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096–0001.

...

“Diesel emissions testing equipment” means equipment used to conduct a test of a dieselpowered motor vehicle in accordance with N.J.A.C. 7:27B-4, and which satisfies all 

applicable specifications set forth at N.J.A.C. 7:27B-4.2(d) and 4.6. For motor vehicle 

inspections conducted pursuant to N.J.A.C. 7:27B-4 and this subchapter, this term shall 

include all devices used for performing a motor vehicle inspection including, but not 

limited to, smoke opacity meters, exhaust gas analyzers, on board diagnostic scanners and 

analyzers, and computers and related software.

...

“Emission control apparatus” means any device utilized by the vehicle manufacturer and/or the 

engine manufacturer to control the release of any regulated emission, including any associated 

component which monitors the function and maintenance of such a device, regardless of the 

location of the device on the vehicle. This term shall also include any retrofit device added 
54

to the vehicle or engine as part of a mandatory or voluntary retrofit program for emission 

control.

...

“EPA Memorandum 1A” means the memorandum dated June 25, 1974, and issued by the 

EPA's Office of Enforcement and General Counsel, which sets forth the EPA's interim 

tampering enforcement policy. This term also includes any revisions to the policy set forth 

in the June 25, 1974 memorandum that are subsequently issued by the EPA. A copy of this 

EPA memorandum has been filed with the Office of Administrative Law and may be 

obtained from the Bureau of Motor Vehicle Inspection and Maintenance in the Department 

of Environmental Protection.

...

“Malfunction indicator light” or “MIL” means the light located on the dashboard 

instrument panel of an OBD-equipped motor vehicle that indicates a malfunction detected 

by the OBD system by illuminating the words “check engine,” “service engine,” or an 

engine pictograph with the word “check” or “service.”

...

"OBD-eligible" means capable of receiving an OBD inspection as determined by the 

Department in accordance with N.J.A.C. 7:27-14.5(g).

“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. 
55

...

“Retrofit device” means [a best available retrofit technology for installation on an on-road diesel 

vehicle or on a piece of off-road diesel equipment.] any emissions control apparatus, 

including exhaust aftertreatment device, that has been installed on the vehicle or engine 

after the original manufacturing date of the complete vehicle. 

...

7:27-14.2 Applicability

(a)-(b) (No change.)

[(c) N.J.A.C. 7:27-14.5 and 14.6 do not apply to light-duty diesel vehicles.]

7:27-14.3 General prohibitions

(a)-(d) (No change.)

(e) [No] Except as set forth in (e)1 below, no person shall cause, suffer, allow or permit 

any emission control apparatus or element of design installed on any diesel-powered motor 

vehicle or diesel engine to be disconnected, detached, deactivated, or in any other way rendered 

inoperable or less effective, in respect to limiting or controlling emissions than it was designed to 

be by the original equipment or vehicle manufacturer, except for the purposes of diagnostics, 

maintenance, repair or replacement and only for the duration of such operations. 
56

1. Any modification to an emission control apparatus or element of design shall

be performed in accordance with EPA Memorandum 1A. A device that modifies an 

emission control apparatus or element of design may be installed only if it is exempt from 

prohibition by CARB executive order. Information on devices or modifications approved 

by CARB executive order may be obtained from the California Air Resources Board, 1001 

“I” Street, PO Box 2815, Sacramento, CA 95812 or at www.arb.ca.gov. 

(f) (No change.)

7:27-14.4 General public highway standards

(a) No person shall cause, suffer, allow or permit the operation of any diesel-powered motor 

vehicle upon the public roads, streets or highways of the State or upon any public property or 

upon any quasi-public roadway in the State, if the vehicle:

1. - 3. (No change.)

4. Has an emission control apparatus or an element of design installed on the vehicle or diesel 

engine or exhaust system which has been disconnected, detached, deactivated, or in any other 

way rendered inoperable or less effective than designed by the original equipment or vehicle or 

engine manufacturer; or

5. (No change.)
57

7:27-14.5 Test requirements

(a) A person testing a heavy–duty diesel[-powered motor] vehicle as part of the roadside 

enforcement program established pursuant to N.J.S.A. 39:8-64 and 13:20-46 shall use diesel 

emissions testing equipment and shall use one or more of the following tests, as designated by 

the Chief Administrator of the MVC in consultation with the Department and the New Jersey

Department of Transportation, and with the approval of the Attorney General:

1. (No change.)

2. The rolling acceleration smoke opacity test, as described at N.J.A.C. 7:27B-4.3(a); or

3. The power brake smoke opacity test, for a vehicle with [a medium or high speed diesel engine 

and] an automatic transmission, only, as described at 7:27B-4.3(c)[; or

4. The visible black smoke screening test, as described at 7:27B-4.3(d)].

(b) A person testing a heavy-duty diesel vehicle as part of the periodic inspection program 

established pursuant to N.J.S.A. 39:8-64 and 13:20-26.17; a diesel bus as part of the periodic 

inspection program pursuant to N.J.A.C. 13:20-30, or N.J.S.A. 48:4-1 et seq. and N.J.A.C. 

16:53; or a diesel-powered motor vehicle as part of the self-inspection programs pursuant 

to N.J.A.C. 13:20-26 or 16:53-3.27, shall use diesel emissions testing equipment, and shall 

use one of the following tests: 
58

1. (No change.)

2. The rolling acceleration smoke opacity test, as described at 7:27B-4.3(b); or

3. The power brake smoke opacity test, for a vehicle with [a medium or high speed diesel engine 

and] an automatic transmission, only, as described at 7:27B-4.3(c)[; or].

[4. (Reserved)

(c) A person testing a diesel bus as part of the periodic inspection program pursuant to 13:20-30, 

or N.J.S.A. 48:4-1 et seq. and 16:53, shall use one of the following tests:

1. The snap acceleration smoke opacity test, for a vehicle with a low speed engine, only, as 

described at 7:27B-4.3(a); or

2. The power brake smoke opacity test, for a vehicle with an automatic transmission, only, as 

described at 7:27B-4.3(c).

(d) A person testing a diesel-powered motor vehicle as part of the self-inspection programs 

pursuant to 13:20-26 or at 16:53-3.27 shall use one of the following tests:

1. The snap acceleration smoke opacity test, for a vehicle with a low speed engine, only, as 

described at 7:27B-4.3(a);
59

2. The rolling acceleration smoke opacity test, as described at 7:27B-4.3(b); or

3. The power brake smoke opacity test, for a vehicle with an automatic transmission, only, as 

described at 7:27B-4.3(c).]

(c) A person testing a light-duty diesel vehicle subject to inspection in accordance with 

N.J.S.A. 39:8-1 shall use the following: 

1. A visible smoke test conducted in accordance with N.J.A.C. 7:27B-4.7; and

2. For light-duty diesel vehicles of model year 1997 or later, an OBD inspection 

utilizing diesel emissions testing equipment and conducted in accordance with 

N.J.A.C. 7:27B-4.8. 

Recodify (e) through (g) as (d) through (f) (No change in text.) 

(g) A motor vehicle that is not equipped with an OBD system is not OBD-eligible. A motor 

vehicle that is equipped with an OBD system is OBD-eligible, unless it meets one of the 

following criteria:

1. The motor vehicle has a DLC that is in a location not readily accessible during an

typical inspection procedure, provided that the DLC is in its original configuration 
60

as supplied by the motor vehicle manufacturer and has not been obstructed, 

damaged, removed or modified;

2. The motor vehicle OBD system, as designed by the motor vehicle manufacturer, 

has difficulty setting or maintaining an adequate number of readiness monitors;

3. The motor vehicle OBD system, as designed by the motor vehicle manufacturer, 

employs a communications protocol that is currently incompatible with approved 

diesel emissions testing equipment; or

4. The motor vehicle is otherwise identified by the EPA or the Department as not 

technologically or functionally capable of OBD inspection.

(h) The Department shall maintain a list of makes and model years of motor vehicles that 

it has determined to not be OBD-eligible, based on the criteria set forth at (g) above. A 

copy of this list will be available from the Department by contacting the Bureau of Motor 

Vehicle Inspection and Maintenance at (609) 530-4035 and can also be viewed and 

downloaded from the Department's website at www.state.nj.us/dep/aqm.

7:27-14.6 Inspection standards
61

(a) No heavy-duty diesel[-powered motor] vehicle or diesel bus shall be deemed to have passed 

an inspection unless it meets: 

1. – 2. (No change.)

(b) (No change.)

(c) A diesel bus, tested using the snap acceleration smoke opacity test, the rolling acceleration 

smoke opacity test or the power brake smoke opacity test, set forth at 7:27B-4, shall not emit 

smoke in the exhaust emissions which exceeds the following opacity standards:

1.-3. (No change.)

(d) A retrofitted EPA urban diesel bus, tested using the snap acceleration smoke opacity test, the 

rolling acceleration smoke opacity test, or the power brake smoke opacity test, set forth at 

7:27B-4, shall not emit smoke in the exhaust emissions which exceeds a peak smoke opacity 

standard of 30 percent.

(e)-(g) (No change.) 

(h) A light-duty diesel vehicle shall not emit visible smoke of any color in the exhaust 

emissions or in the crankcase emissions for a period in excess of three consecutive seconds 

when measured using the test procedure established at N.J.A.C. 7:27B-4.7.
62

(i) If, pursuant to the provisions of N.J.A.C. 7:27-14.5(c)2, a light-duty diesel vehicle is 

subject to an OBD inspection conducted in accordance with the inspection test procedure 

at N.J.A.C. 7:27B-4.8, it shall be considered to have passed said inspection unless:

1. The DLC cannot be found or is damaged/obstructed in such a way as to not allow 

a connection between the analyzer and the motor vehicle;

2. Communication cannot be established between the analyzer and the vehicle’s 

OBD system;

3. The MIL is not illuminating when commanded to light; 

4. The number of systems that have non-continuous readiness monitors that are not 

ready for inspections equals or exceeds the following criteria: three “not ready” 

codes for motor vehicles model year 1997 through 2000 and two “not ready” codes 

for motor vehicles model year 2001 and newer;

5. Any continuous readiness monitor is not supported or not ready;

6. The MIL is illuminated while the vehicle’s engine is running; or

7. DTCs have been detected by the OBD system to cause the MIL to be commanded 

on. 
63

Appendix

The following table highlights the provisions of N.J.A.C. 7:27-14.5 to show generally the 

emissions tests to be administered to each category of vehicle inspected or reinspected:

Test/model year 1996 and older 1997 and newer

smoke opacity GVWR > 8500 GVWR > 8500

visible smoke

(periodic inspection)

GVWR < 8501 GVWR < 8501

visible smoke

(roadside inspection)

all all

OBD -- GVWR < 8501
64

SUBCHAPTER 15 CONTROL AND PROHIBITION OF AIR POLLUTION FROM 

GASOLINE-FUELED MOTOR VEHICLES

7:27-15.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings 

unless the context clearly indicates otherwise.

“Autobus” means any bus of any size or configuration, whether registered in this State or 

elsewhere, that is designed or used for intrastate or interstate transportation of passengers 

for hire or otherwise on a public road, street or highway or any public or quasi-public 

property in this State, including, but not limited to, autobuses under the jurisdiction of the 

New Jersey Department of Transportation pursuant to Titles 27 or 48 of the Revised 

Statutes; autobuses of the New Jersey Transit Corporation and its contract carriers that 

are under the inspection jurisdiction of the New Jersey Department of Transportation; 

autobuses that are subject to Federal motor carrier safety regulations; autobuses under the 

authority of the Interstate Commerce Commission or its successor agency; school buses, as 

defined pursuant to N.J.S.A. 39:1-1; and hotel, casino, charter, and special buses.

...

“Diagnostic Trouble Code” or “DTC” means an alphanumeric code stored in the on board 

diagnostic system of a motor vehicle, which generally indicates the malfunction of a system 

or component. These codes are defined by SAE J2012 Diagnostic Trouble Code 
65

Definitions, (MAR92). Copies of SAE J2012 may be obtained from the Society of 

Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096–0001.

...

[“Division of Motor Vehicles” or “DMV” means the Division of Motor Vehicles within the New 

Jersey Department of Transportation.]

...

“EPA Memorandum 1A” means the memorandum dated June 25, 1974, and issued by the EPA's 

Office of Enforcement and General Counsel, which sets forth the EPA's interim tampering 

enforcement policy. This term also includes any revisions to the policy set forth in the June 25, 

1974 memorandum that are subsequently issued by the EPA. A copy of this EPA memorandum 

has been filed with the Office of Administrative Law and may be obtained from the Bureau of 

[Transportation Control] Motor Vehicle Inspection and Maintenance in the Department of

Environmental Protection.

...

“Gasoline-fueled” means powered in whole or in part by a hydrocarbon fuel other than diesel 

fuel, including, but not limited to, gasoline, natural gas, liquified petroleum gas, or propane, or 

powered by alcohol fuels, hydrocarbon-alcohol fuel blends or hydrogen.

...

[“Loaded vehicle weight” or “LVW” means the vehicle curb weight plus 300 pounds.]
66

[“Low mileage vehicle” means a motor vehicle that is driven less than 10,000 miles during a 

biennial inspection period.]

“Malfunction indicator light” or “MIL” means the light located on the dashboard

instrument panel of an OBD-equipped motor vehicle that indicates a malfunction detected 

by the OBD system by illuminating the words “check engine,” “service engine,” or an 

engine pictograph with the word “check” or “service.”

...

“Motor Vehicle Commission” or “MVC” means the New Jersey Motor Vehicle 

Commission established by the Motor Vehicle Security and Customer Service Act (N.J.S.A. 

39:2A-1 et seq.).

“Motor vehicle testing equipment” means equipment used to conduct a test of a gasoline-fueled 

motor vehicle set forth at N.J.A.C. 7:27B-5, and which satisfies all applicable specifications set 

forth at N.J.A.C. [7:27B-5.9] 7:27B-5.8, Specifications for motor vehicle testing equipment for 

use in the New Jersey Enhanced Inspection and Maintenance Program. For motor vehicle 

inspections conducted pursuant to N.J.A.C. 7:27B-5 and this subchapter, this term shall include 

all devices used for performing a motor vehicle inspection, including, but not limited to, exhaust 

gas analyzers, dynamometers, on-board diagnostic scanners and analyzers, fuel cap leak testers, 

and computers and related software.
67

...

“Official inspection facility” means a test-only inspection facility operated by, licensed by, or 

under contract with the [DMV] MVC whose exclusive function is conducting emissions 

inspections.

“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 [II] 

regulations at 40 CFR Part 86 [effective for model year 1996 and newer motor vehicles].

...

“Private inspection facility” or “PIF” means a facility licensed by the [DMV] MVC to perform 

emissions inspections that may also offer motor vehicle parts and repair services.

...

7:27-15.3 General public highway standards

(a) (No change.)

(b) No owner or operator of a gasoline-fueled motor vehicle shall cause, suffer, allow or 

permit the operation of the motor vehicle upon the public roads, streets, or highways of 

the State, or any public or quasi-public property in the State, if the vehicle emits 

hydrocarbons (HC)[,] or carbon monoxide (CO)[, or oxides of nitrogen (NOx)] in the 
68

exhaust emissions in excess of any applicable standards set forth at N.J.A.C. 7:27-

15.6(b).

(c) No owner or operator of a gasoline-fueled motor vehicle shall cause, suffer, allow or 

permit the operation of the motor vehicle upon the public roads, streets or highways of 

the State or any public or quasi-public property in the State if the motor vehicle does not 

satisfy and pass all applicable motor vehicle inspection testing requirements at N.J.A.C. 

7:27-15.5 [unless the motor vehicle has been issued a waiver in accordance with N.J.A.C. 

13:20-43.13].

(d) (No change.)

7:27-15.5 Motor vehicle inspections

(a) (No change.)

(b) The motor vehicle shall be inspected at least once every two years. This biennial 

inspection shall be deemed an “on-cycle” inspection and shall include an initial 

inspection, together with any reinspections required pursuant to (h) below. In addition, in 

accordance with its procedures, the [DMV] MVC may require the owner of a motor 

vehicle to have it inspected more frequently than every two years. Such more frequent 

inspections shall be deemed to be “off-cycle” inspections and shall also include an initial 

inspection together with any reinspections required pursuant to (h) below. In the case of 
69

a motor vehicle subject to the school bus inspection program as generally set forth at 

N.J.A.C. 13:20-30, an initial inspection shall be required [semi-]annually as provided at 

N.J.A.C. 13:20-30.13.

(c) Initial inspections and reinspections for an on-cycle or an off-cycle inspection shall be 

performed at either an official inspection facility or at a PIF, or, in the case of a motor 

vehicle subject to the [DMV’s] MVC’s school bus inspection program as generally set 

forth at N.J.A.C. 13:20-30.1, at the premises or place of business of the operator of such 

vehicle, as provided at N.J.A.C. 13:20-30.13.

(d) A motor vehicle inspection is not complete until[:

1. The] the motor vehicle passes all of the tests and satisfies all of the requirements, 

as specified in (f) below, that constitute the inspection or reinspection at an 

appropriate inspection facility, as specified in (c) above[; or

2. The motor vehicle has been issued a waiver in accordance with N.J.A.C. 13:20-

43.13].

(e) (No change.)
70

(f) A motor vehicle inspection shall include the following:

1.-2. (No change.)

3. For an LDGV, LDGT or HDGV of model year 1975 or later, an emission control 

apparatus compliance examination conducted in accordance with N.J.A.C.[7:27B5.6] 7:27B-5.5;

4. For an LDGV, LDGT or HDGV of model year 2000 or earlier originally 

equipped with a sealed fuel filler cap (that is, not a directly vented fuel filler cap), 

a fuel cap leak test utilizing motor vehicle testing equipment approved by the 

Department and conducted in accordance with N.J.A.C. [7:27B- 5.8] 7:27B-5.7; 

and

5. (No change.)

(g) [On and after June 1, 2003, an] An OBD-eligible motor vehicle will receive an OBD 

inspection. For a motor vehicle that is not OBD-eligible [and for all motor vehicles 

inspected prior to June 1, 2003, ] the exhaust emission test to be used pursuant to (f)2 

above shall be as follows:

1. The idle test set forth at N.J.A.C. 7:27B-5.3(b), if the motor vehicle is either of 

the following types:
71

i. (No change.)

ii. A motor vehicle that has a GVWR in excess of 8,500 pounds; or

2. [The 2,500 RPM test set forth at N.J.A.C. 7:27B-5.4, if the motor vehicle is any of 

the following types and is not otherwise designated for testing with the idle test, 

as determined at(g)1 above:

i. A motor vehicle of model year 1981 or later that employs either full-time 

four-wheel drive or non-disengageable traction control;

ii. A low mileage vehicle of model year 1981 or later; or

iii. A gasoline-fueled motor vehicle subject to inspection as part of the school 

bus inspection program, as generally set forth at N.J.A.C. 13:20-30.13; or

3. The ASM5015 test set forth at N.J.A.C. 7:27B-5.5, if the motor vehicle is either 

of the following types and is not otherwise designated for testing with either the 

idle test, as determined at (g)1 above, or the 2,500 RPM test, as determined at 

(g)2 above:]

The two speed idle test at N.J.A.C 7:27B-5.4, if the motor vehicle is either of 

the following types and is not otherwise designated for testing with the idle 

test, as determined at (g)1 above: 
72

i.-ii. (No change.)

(h) The owner of a motor vehicle that fails to pass all of the tests that constitute a motor 

vehicle inspection pursuant to (f) above shall have it reinspected in accordance with 

every applicable element of (f) above by the deadline specified by the [DMV] MVC at 

N.J.A.C. 13:20-7.5, 7.6(a) or 43.14(g), as applicable. Operation of the motor vehicle 

upon the public roads, streets or highways of the State or any public or quasi-public 

property in the State shall be prohibited pursuant to N.J.A.C. 7:27-15.3(c) unless, by the 

deadline established by the [DMV] MVC at N.J.A.C. 13:20-7.5, 7.6(a) or 43.14(g), as 

applicable[:

1. The] , the motor vehicle passes all of the tests and meets all the requirements that 

constitute the inspection or reinspection[; or

2. A waiver is issued pursuant to N.J.A.C. 13:20-43.13].

(i) An on-road inspection conducted pursuant to N.J.A.C. 13:20-43.14 may include the 

following:

1.-2. (No change.)
73

3. [A 2,500 RPM test utilizing motor vehicle testing equipment approved by the 

Department and conducted in accordance with N.J.A.C. 7:27B-5.4] A two speed 

idle test utilizing motor vehicle testing equipment and conducted in 

accordance with N.J.A.C. 7:27B-5.4;

[4. An ASM5015 test utilizing motor vehicle testing equipment approved by the 

Department and conducted in accordance with N.J.A.C. 7:27B-5.5;]

[5.]4. For an LDGV, LDGT or HDGV of model year 1975 or later, an emission control 

apparatus compliance examination conducted in accordance with N.J.A.C. 

[7:27B- 5.6] 7:27B-5.5;

[6.]5. For an LDGV, LDGT or HDGV of model year 2000 or earlier originally 

equipped with a sealed fuel filler cap (that is, not a directly vented fuel filler cap), 

a fuel cap leak test utilizing motor vehicle testing equipment approved by the 

Department and conducted in accordance with N.J.A.C. [7:27B-5.8] 7:27B-5.7;

[7.]6. For an LDGV or LDGT of model year 1996 or later, an OBD inspection utilizing 

motor vehicle testing equipment approved by the Department and conducted in 

accordance with N.J.A.C. [7:27B-5.7] 7:27B-5.6; and

[8.]7. Any other tests deemed appropriate by the [Director] Chief Administrator of the 

[DMV] MVC that are directed toward detecting acts of tampering with emission 
74

control apparatus specifically prohibited at N.J.A.C. 7:27-15.7(a)1 or toward 

identifying vehicles operated in violation of N.J.A.C. 7:27-15.3(d). Such tests 

may include visual or functional checks of emission control apparatus and 

elements of design.

(j)-(k) (No change.)

(l) Each year [DMV] MVC shall conduct a program evaluation test which shall entail 

additional testing for at least 0.1 percent of those motor vehicles subject to inspection 

during that year. The motor vehicles subject to the program evaluation testing shall be 

selected by the [DMV] MVC in accordance with its procedures. [The program 

evaluation test shall consist of one or more IM240 tests performed in accordance with 

N.J.A.C. 7:27B-5.6. The program evaluation test shall be performed after, and in 

addition to, any other inspection procedures required pursuant to this section.] The results 

of the program evaluation test shall not be used in determining whether a motor vehicle 

has passed or failed its motor vehicle inspection with regard to exhaust emissions.

(m) (No change.)

(n) The Department shall maintain a list of makes and model years of motor vehicles that it 

has determined to not be OBD-eligible, based on the criteria set forth at (m) above. A

copy of this list will be available from the Department by contacting the Bureau of 

[Transportation Control] Motor Vehicle Inspection and Maintenance at (609) 530-
75

4035 and can also be viewed and downloaded from the Department’s website at 

www.state.nj.us/dep/aqm.

7:27-15.6 Motor vehicle inspection standards

(a) (No change.)

(b) A light-duty gasoline-fueled vehicle, light-duty gasoline-fueled truck or heavy-duty 

gasoline-fueled vehicle shall not emit carbon monoxide (CO)[,] or hydrocarbons (HC)[, 

or oxides of nitrogen (NOx)] in the exhaust emissions in excess of the following 

standards:

1. (No change.)

TABLE 1

EXHAUST EMISSION STANDARDS 

FOR THE IDLE TEST

LDGVs and LDGTs Powered by Gasoline

Model Year CO

(% by volume)

HC

(ppm as hexane)
76

Pre-1968 8.5 1400

1968-1970 7.0 700

1971-1974 5.0 500

1975-1980 3.0 300

1981 & Later 1.2 220

[LDGVs and LDGTs Powered by a Fuel Other Than Gasoline

(Reserved)]

HDGVs Powered by Gasoline

Model Year CO

(% by volume)

HC

(ppm as hexane)

Pre-1968 8.5 1400

1968-1970 8.5 1200
77

1971-1974 6.0 700

1975-1978 4.0 500

1979 & Later 3.0 300

[HDGVs Powered by a Fuel Other Than Gasoline

(Reserved)]

2. If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor vehicle is tested 

using the [2500 RPM] two speed idle test, the motor vehicle shall be subject to 

the applicable exhaust emission standards set forth in Table 2 below. 

Compliance with these standards shall be determined in accordance with the 

inspection test procedure at N.J.A.C. 7:27B-5.4;

TABLE 2

EXHAUST EMISSION STANDARDS 

FOR THE [2,500 RPM] TWO SPEED IDLE TEST

LDGVs and LDGTs Powered by Gasoline
78

Model Year CO

(percent by volume)

HC

(ppm as hexane)

1981 & Later [0.5] 1.2 [100] 220

[LDGVs and LDGTs Powered by a Fuel Other Than Gasoline

(Reserved)]

[3. If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor vehicle is tested 

using the ASM5015 test, the motor vehicle shall be subject to the applicable 

exhaust emission standards set forth in Table 3 below. Compliance with these 

standards shall be determined in accordance with the inspection test procedure at 

N.J.A.C. 7:27B-5.5.

TABLE 3

EXHAUST EMISSION STANDARDS

FOR THE ASM5015 TEST

LDGVs Powered by Gasoline

Model Years HC* CO* NOx

*
79

1981-1982 4 13 19

1983-1990 4 11 19

1991-1995 2 10 18

1994+ Tier 1 1 9 17

*

The numbers given in this column refer to the appropriate column number in Table 4 below, 

which contains the actual exhaust emission standards.

LDGVs Powered by a Fuel Other Than Gasoline

(Reserved)

LDGT1s Powered by Gasoline

Model Years HC* CO* NOx

*

1981-1983 8 16 24

1984-1987 6 15 24
80

1988-1990 6 15 20

1991-1995 5 13 19

1994+ Tier 1

(3750 LVW) 1 9 17

(>3750 LVW) 2 10 18

*

The numbers given in this column refer to the appropriate column number in Table 4 below, 

which contains the actual exhaust emission standards.

LDGT1s Powered by a Fuel Other Than Gasoline

(Reserved)

LDGT2s Powered by Gasoline

Model Years HC* CO* NOx

*
81

1981-1983 8 16 24

1984-1987 6 15 24

1988-1990 6 15 23

1991-1995 5 13 22

1994+ Tier 1

(5750 LVW) 2 10 18

(>5750 LVW) 5 13 21

*

The numbers given in this column refer to the appropriate column number in Table 4 below, 

which contains the actual exhaust emission standards.

LDGT2s Powered by a Fuel Other Than Gasoline

(Reserved)

TABLE 4 
82

Hydrocarbons (ppm) Carbon Monoxide (percent) Oxides of Nitrogen (ppm)

Column 

Numbers

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

LVW(*)

1750 142 224 257 291 324 390 407 774 0.80 1.26 1.64 2.02 2.78 3.16 3.54 4.31 1212 1819 2272 2725 3178 3631 4084 4990

1875 134 212 243 275 306 368 384 729 0.75 1.19 1.55 1.91 2.63 2.98 3.34 4.06 1142 1713 2181 2649 3117 3586 4054 4990

2000 127 201 230 260 289 348 363 688 0.71 1.13 1.47 1.81 2.48 2.82 3.16 3.83 1077 1616 2058 2499 2941 3383 3824 4778

2125 121 191 219 246 274 329 343 650 0.68 1.07 1.39 1.71 2.35 2.67 2.99 3.63 1018 1527 1944 2360 2776 3192 3609 4578

2250 115 182 208 234 260 312 325 615 0.64 1.02 1.32 1.62 2.23 2.53 2.83 3.44 964 1446 1839 2232 2625 3018 3411 4395

2375 109 173 198 223 247 297 309 583 0.61 0.97 1.26 1.54 2.12 2.40 2.69 3.26 915 1372 1744 2115 2487 2859 3231 4228

2500 105 166 189 212 236 283 294 554 0.59 0.93 1.20 1.47 2.02 2.29 2.56 3.10 869 1304 1657 2009 2361 2714 3066 4076

2625 100 159 181 203 225 270 281 528 0.56 0.89 1.15 1.41 1.92 2.18 2.44 2.96 828 1242 1577 1912 2246 2581 2916 3936

2750 96 152 173 194 216 258 269 503 0.54 0.85 1.10 1.34 1.84 2.09 2.33 2.83 791 1186 1504 1823 2142 2460 2779 3809

2875 92 146 167 187 207 247 257 481 0.52 0.82 1.05 1.29 1.76 2.00 2.23 2.71 756 1134 1438 1742 2046 2350 2654 3669

3000 89 141 160 180 199 237 247 461 0.50 0.79 1.01 1.24 1.69 1.92 2.14 2.60 725 1088 1378 1668 1959 2249 2539 3510

3125 86 136 155 173 191 228 238 443 0.48 0.76 0.98 1.19 1.63 1.84 2.06 2.50 696 1045 1323 1601 1879 2157 2435 3366

3250 83 132 149 167 185 220 229 426 0.46 0.73 0.94 1.15 1.57 1.78 1.99 2.40 670 1006 1273 1539 1806 2073 2340 3234
83

Hydrocarbons (ppm) Carbon Monoxide (percent) Oxides of Nitrogen (ppm)

Column 

Numbers

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

LVW(*)

3375 81 128 145 162 179 213 221 411 0.45 0.71 0.91 1.11 1.52 1.72 1.92 2.32 647 970 1227 1483 1740 1997 2253 3113

3500 78 124 140 157 173 206 214 397 0.44 0.69 0.88 1.08 1.47 1.66 1.86 2.24 625 937 1184 1432 1679 1926 2174 3002

3625 76 120 136 152 168 200 207 384 0.42 0.67 0.86 1.05 1.42 1.61 1.80 2.17 605 907 1146 1384 1623 1862 2100 2900

3750 74 117 133 148 163 194 201 372 0.41 0.65 0.83 1.02 1.38 1.56 1.74 2.11 586 879 1110 1340 1571 1802 2033 2806

3875 72 114 129 144 159 188 196 361 0.40 0.63 0.81 0.99 1.34 1.52 1.69 2.05 569 853 1077 1300 1523 1747 1970 2719

4000 71 112 126 140 155 183 191 351 0.39 0.62 0.79 0.96 1.31 1.48 1.65 1.99 553 829 1046 1262 1479 1695 1912 2638

4125 69 109 123 137 151 179 186 341 0.38 0.60 0.77 0.94 1.27 1.44 1.61 1.94 538 807 1017 1227 1437 1647 1857 2562

4250 67 107 120 134 147 174 181 332 0.37 0.59 0.75 0.92 1.24 1.40 1.56 1.89 524 786 990 1194 1398 1602 1806 2490

4375 66 104 118 131 144 170 177 323 0.36 0.58 0.74 0.89 1.21 1.37 1.53 1.84 510 766 964 1162 1360 1559 1757 2423

4500 65 102 115 128 141 166 172 315 0.36 0.57 0.72 0.87 1.18 1.34 1.49 1.80 498 747 939 1132 1325 1518 1711 2359

4625 63 100 113 125 137 162 169 308 0.35 0.55 0.70 0.85 1.15 1.30 1.46 1.76 486 728 916 1104 1291 1479 1666 2297

4750 62 98 110 122 134 159 165 300 0.34 0.54 0.69 0.84 1.13 1.28 1.42 1.72 474 711 893 1076 1259 1441 1624 2238

4875 61 96 108 120 132 155 161 293 0.34 0.53 0.67 0.82 1.10 1.25 1.39 1.68 463 694 872 1049 1227 1405 1583 2180

5000 60 94 106 117 129 152 157 286 0.33 0.52 0.66 0.80 1.08 1.22 1.36 1.64 452 677 850 1023 1196 1369 1542 2125
84

Hydrocarbons (ppm) Carbon Monoxide (percent) Oxides of Nitrogen (ppm)

Column 

Numbers

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

LVW(*)

5125 58 93 104 115 126 148 154 279 0.32 0.51 0.65 0.78 1.05 1.19 1.33 1.60 441 661 830 998 1167 1335 1503 2070

5250 57 91 102 112 123 145 150 272 0.32 0.50 0.63 0.77 1.03 1.16 1.30 1.56 431 646 810 974 1138 1301 1465 2017

5375 56 89 100 110 121 142 147 266 0.31 0.49 0.62 0.75 1.01 1.14 1.27 1.53 420 631 790 950 1109 1269 1428 1966

5500 55 87 98 108 118 139 144 259 0.30 0.48 0.61 0.73 0.99 1.11 1.24 1.49 410 616 771 926 1082 1237 1392 1916

5625 54 86 96 106 116 136 141 253 0.30 0.47 0.59 0.72 0.97 1.09 1.21 1.46 401 601 752 904 1055 1206 1357 1867

5750 53 84 94 104 113 133 138 247 0.29 0.46 0.58 0.70 0.94 1.07 1.19 1.43 391 587 734 882 1029 1176 1323 1820

5875 52 83 92 102 111 130 135 241 0.29 0.45 0.57 0.69 0.92 1.04 1.16 1.40 383 574 717 860 1004 1147 1290 1774

6000 51 81 90 100 109 127 132 236 0.28 0.44 0.56 0.67 0.91 1.02 1.14 1.37 374 561 701 840 980 1120 1259 1731

6125 50 80 89 98 107 125 129 231 0.28 0.44 0.55 0.66 0.89 1.00 1.11 1.34 366 549 685 822 958 1094 1230 1690

6250 50 79 87 96 105 123 127 226 0.27 0.43 0.54 0.65 0.87 0.98 1.09 1.31 359 538 671 804 937 1070 1203 1653

6375 49 77 86 95 103 120 125 222 0.27 0.42 0.53 0.64 0.86 0.96 1.07 1.29 352 528 658 788 919 1049 1179 1619

6500 48 76 85 93 102 119 123 218 0.26 0.42 0.52 0.63 0.84 0.95 1.06 1.27 346 519 647 775 902 1030 1158 1590

6625 48 76 84 92 101 117 121 215 0.26 0.41 0.52 0.62 0.83 0.94 1.04 1.25 341 512 638 763 889 1014 1140 1565
85

Hydrocarbons (ppm) Carbon Monoxide (percent) Oxides of Nitrogen (ppm)

Column 

Numbers

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

LVW(*)

6750 47 75 83 91 100 116 120 213 0.26 0.41 0.51 0.61 0.82 0.93 1.03 1.24 338 507 631 755 879 1003 1127 1546

6875 47 75 83 91 99 115 119 211 0.26 0.40 0.51 0.61 0.82 0.92 1.02 1.23 335 503 626 749 872 995 1118 1534

7000 47 74 83 91 99 115 119 211 0.25 0.40 0.51 0.61 0.82 0.92 1.02 1.23 335 502 625 747 870 992 1115 1531

7125 47 74 82 90 98 115 119 211 0.25 0.40 0.51 0.61 0.81 0.92 1.02 1.22 335 502 624 747 870 992 1115 1530

7250 47 74 82 90 98 115 119 211 0.25 0.40 0.50 0.61 0.81 0.92 1.02 1.22 335 502 624 747 870 992 1115 1530

7375 47 74 82 90 98 115 119 211 0.25 0.40 0.50 0.61 0.81 0.92 1.02 1.22 335 502 624 747 870 992 1115 1530

7500 47 74 82 90 98 115 119 211 0.25 0.40 0.50 0.61 0.81 0.92 1.02 1.22 335 502 624 747 870 992 1115 1530

* For the purpose of applying these standards, the vehicle's LVW shall be rounded to the nearest 125 pound increment listed in this table.

Note: The emission standards decrease with increasing vehicle weight in order to maintain a constant concentration-based standard for all vehicle weights. This 

effect is a result of conversion of the standards from a mass measurement to a concentration measurement and accounts for increased displacement from 

larger engines or a higher RPM from the increased load on smaller engines in heavier vehicles.

]

[4.]3. If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor vehicle is tested using an 

OBD inspection conducted in accordance with the inspection test procedure at N.J.A.C. [7:27B5.7] 7:27B-5.6, it shall be considered to have passed said inspection unless:

i.-iii. (No change.)
86

iv. The number of systems which have non-continuous readiness monitors 

which are not ready for inspections equals or exceeds the following 

criteria: three “not ready” codes for motor vehicles model year 1996 

through 2000 and two “not ready” codes for motor vehicles model year 

2001 and newer, as established at 40 C.F.R. §51.357, incorporated herein 

by reference;

v. Any continuous readiness monitor is not supported or not ready;

vi. The MIL is illuminated while the vehicle’s engine is running;

[v.]vii. DTCs have been detected by the OBD system to cause the MIL to be 

commanded on; or

[vi.]viii.A motor vehicle fails an initial OBD inspection as indicated by one or 

more catalyst DTCs, and [fails a tailpipe test conducted on reinspection to 

confirm catalyst repairs in the case where] the catalyst readiness monitor 

indicates the monitor is not ready during the OBD reinspection.

(c) A gasoline-fueled motor vehicle which is subject to inspection pursuant to N.J.A.C. 7:27-

15.5(a) shall, as a condition of compliance with said inspection, have a properly 
87

functioning and properly maintained emission control apparatus as determined according 

to the inspection test procedures established at N.J.A.C. [7:27B- 5.6] 7:27B-5.5.

(d) Except as provided in (e) and (f) below, the applicability of the standards set forth in this 

subchapter and of the test procedure set forth at N.J.A.C. 7:27B-5.3 through [5.8] 5.7, 

inclusive, to a motor vehicle with an engine other than the engine originally installed by

the manufacturer shall be based on the chassis type and model year of the motor vehicle, 

not on the engine model year.

(e) A motor vehicle that is modified to operate solely on a fuel other than that for which the 

motor vehicle was originally equipped shall be subject to the test procedures and 

standards applicable to a motor vehicle of the current fuel type. If the motor vehicle's 

fuel type after modification is one to which this subchapter does not apply (for example, a 

gasoline engine replaced with a diesel engine), the motor vehicle shall be exempt from 

this subchapter. [If the motor vehicle's fuel type after modification is a fuel type to 

which this subchapter applies, but is other than gasoline (for example, a gasoline engine 

modified to operate solely on natural gas), the standards applicable to that motor vehicle 

shall be those prescribed in the Tables 1, 2 and 3 above for motor vehicles powered by a

fuel other than gasoline. Until such time that applicable exhaust emission standards are 

promulgated for motor vehicles powered by fuels other than gasoline, such vehicles shall 

be exempt from exhaust emission testing when operating on a fuel other than gasoline.]
88

(f) A motor vehicle that is modified or manufactured to operate on more than one fuel type 

shall be subject to exhaust emission standards that apply to the motor vehicle for each 

fuel type for which the motor vehicle is equipped. Such motor vehicle shall be subject to 

an exhaust emission test for each fuel type on which it operates and shall comply with all 

applicable standards for each fuel type. Such motor vehicle shall also be subject to a fuel 

cap leak test when operating on gasoline. If the motor vehicle is capable of simultaneous 

operation on more than one fuel type (for example, flexible fuel, gasoline-methanol 

vehicle), the motor vehicle shall be subject to an exhaust emission test using the fuel 

mixture in the vehicle at the time of inspection and subject to the exhaust emission 

standards applicable to vehicles powered by gasoline. [When operating on a fuel other 

than gasoline, the exhaust emission standards applied to a motor vehicle shall be those 

prescribed in the Tables 1, 2 and 3 above for motor vehicles powered by a fuel other than 

gasoline. Until such time that applicable exhaust emission standards are promulgated for 

motor vehicles powered by fuels other than gasoline, such vehicles shall be exempt from 

exhaust emission testing when operating on a fuel other than gasoline.]

(g) (No change.)

7:27-15.7 Prohibition of tampering with emission control apparatus

(a) No owner or operator of a gasoline-fueled motor vehicle shall cause, suffer, allow or 

permit any of the following, unless it is performed in accordance with EPA Memorandum 

1A or it is exempt from prohibition by CARB executive order (information on devices or 

modifications approved by CARB executive order may be obtained from the California 
89

Air Resources Board, [Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, CA, 

91731-2990] 1001 “I” Street, PO BOX 2815, Sacramento, CA 95812 or at 

www.arb.ca.gov):

1. - 4. (No change.) 

7:27-15.8 Idle standard

(a) (No change.)

(b) The provisions of (a) above shall not apply to:

l. Autobuses while actively discharging or picking up passengers may idle for 15

consecutive minutes in a 60-minute period;

2. [Motor vehicles stopped in a line of traffic] Any motor vehicle idling in traffic, 

or a motor vehicle other than a school bus idling in a queue of motor vehicles, that 

are intermittently motionless and moving because the progress of the motor vehicles 

in the traffic or the queue has been stopped or slowed by the congestion of traffic on 

the roadway or by other conditions over which the driver of the idling motor vehicle 

has no control;
90

3. Motor vehicles whose primary and/or secondary power source is utilized in whole 

or in part for necessary and definitively prescribed mechanical operation other than 

propulsion[, passenger compartment heating or air conditioning]. This use includes, but 

is not limited to, operating lift gate pumps and controlling cargo temperature. This 

exemption does not apply to passenger compartment heating or passenger 

compartment air conditioning;

4. (No change.)

5. [Emergency motor vehicles in an emergency situation] Vehicles that are actively 

performing emergency services. Examples include fire vehicles, police vehicles, 

public utility vehicles, military tactical vehicles and snow removal vehicles, during 

the time that such vehicles are actively performing emergency services;

6. Motor vehicles while being repaired or serviced, provided that operation of the 

engine is essential to the proper repair or service; 

[7. Motor vehicles while engaged in the process of connection, detachment or exchange 

of trailers; or]

[8.]7. Motor vehicles manufactured with a sleeper berth while being used, in a 

non-residentially zoned area, by the vehicle's operator for sleeping or resting, unless the 

vehicle is equipped with a functional auxiliary power system designed in whole or in 
91

part to maintain cabin or sleeper berth comfort or to mitigate cold weather start-up 

difficulties.

APPENDIX

The following table highlights the provisions of N.J.A.C. 7:27-15.5[(g)](f) to show 

generally the [exhaust] emissions tests [or OBD inspection] to be administered to each category 

of vehicle inspected or reinspected:

[Test/model year 1980 and older 1981 - 1995 1996 and newer*

idle all GVWR > 8500 GVWR > 8500

2,500 RPM - all-wheel drive, low 

mileage, etc.

school bus

all-wheel drive, low 

mileage, etc.

school bus

ASM5015 - all others not covered 

above

all others not covered 

above

OBD (after 6/1/2003) - - all OBD-equipped 
92

and eligible

*Note: On and after June 1, 2003, an OBD-equipped and eligible motor vehicle will receive an 

OBD inspection.]
93

Test/model year 1980 and older 1981 - 1995 1996 and newer

idle all GVWR > 8500 GVWR > 8500

two speed idle - GVWR < 8501 all OBD-equipped but 

not OBD-eligible with 

GVWR < 8501

OBD - - all OBD-equipped and 

eligible with GVWR < 

8501

Gas Cap all equipped with 

sealed systems (1971 

and newer)

all all models through 

2000

Visible smoke all all all

Catalytic converter 

check

all originally 

equipped (1975 and 

newer)

all all
94

CHAPTER 27A AIR ADMINISTRATION PROCEDURES AND PENALTIES

SUBCHAPTER 3. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR

ADJUDICATORY HEARINGS

7:27A-3.10 Civil administrative penalties for violation of rules adopted pursuant to the Act

(a)-(m) (No change.)

CIVIL ADMINISTRATIVE PENALTY SCHEDULE

1.-14. (No change.)

15. The violations of N.J.A.C. 7:27-15, Control and Prohibition of Air Pollution from Gasolinefueled Motor Vehicles, and the civil administrative penalty amounts for each violation, per 

vehicle or, with respect to N.J.A.C. 7:27-15.7(a)4, per device/component, are as set forth in 

the following table:
95

Citation Class Type of 

Violation

First 

Offense

Second 

Offense

Third 

Offense

Fourth and 

Each 

Subsequent 

Offense

N.J.A.C. 

7:27-15.3(d)

Passenger Vehicle 

Registration M $500 $1,000 $2,500 $7,500

Commercial Vehicle 

Registration M $1,000 $2,000 $5,000 $15,000

N.J.A.C. 

7:27-15.7(a)1

Owner of four or fewer 

vehicles NM $400 $800 $2,000 $6,000

Owner of five or more 

vehicles NM $1,000 $2,000 $5,000 $15,000

N.J.A.C. 

7:27-15.7(a)2

Passenger Vehicle 

Registration NM $500 $1,000 $2,500 $7,500

Commercial Vehicle 

Registration NM $1,000 $2,000 $5,000 $15,000
96

Citation Class Type of 

Violation

First 

Offense

Second 

Offense

Third 

Offense

Fourth and 

Each 

Subsequent 

Offense

N.J.A.C. 

7:27-15.7(a)3

Sale/Offer for Sale; 

Lease/Offer for Lease 

by owner of four or 

fewer vehicles NM $1,000 $2,000 $5,000 $15,000

Sale/Offer for Sale; 

Lease/Offer for Lease 

by owner of five or 

more vehicles NM $2,000 $4,000

$10,000

$30,000

N.J.A.C. 

7:27-15.7(a)4

Offer for Sale/Sale of 

Device/Component NM $2,000 $4,000

$10,000

$30,000

N.J.A.C. 7:27-15.8(a) Passenger Vehicle 

Registration NM $100 $200 $500 $1,500
97

Citation Class Type of 

Violation

First 

Offense

Second 

Offense

Third 

Offense

Fourth and 

Each 

Subsequent 

Offense

Commercial Vehicle 

Registration

NM [$200] 

$250

[$400] 

$500

$1,000 [$3,000] 

$1,000

School Bus Owner NM $250 $500 $1,000 $1,000

School District, if the 

School District does 

not own the bus1

NM $0 $500 $1,000 $1,000

Property Owner NM $250 $500 $1,000 $1,000

1 The driver of a school bus is not subject to penalty under N.J.A.C. 7:27-15.8(a). The bus 

driver, school district, and the principal or administrator of the school serviced by the bus 

will be notified of violations. After the first violation, the school district, if it is not also the 

owner of the bus, will be subject to both notice and penalty.

16.-32. (No change.)

(n)-(t) (No change.)
98

CHAPTER 27B SAMPLING AND ANALYTICAL PROCEDURES

SUBCHAPTER 4 AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESELPOWERED MOTOR VEHICLES

7:27B-4.1 Definitions

The following words and terms, when used in this subchapter, have the following meanings, 

unless the context clearly indicates otherwise.

...

“Data link connector” or “DLC” means a standardized 16-pin diagnostic test receptacle 

used to connect an analyzer to a motor vehicle.

...

“Diesel emissions testing equipment” means equipment used to conduct a test of a dieselpowered motor vehicle in accordance with this subchapter, and which satisfies all 

applicable specifications set forth at N.J.A.C. 7:27B-4.2(d) and 4.6. For motor vehicle 

inspections conducted pursuant to N.J.A.C. 7:27-14 and this subchapter, this term shall 

include all devices used for performing a motor vehicle inspection including, but not 

limited to, smoke opacity meters, exhaust gas analyzers, on board diagnostic scanners and 

analyzers, and computers and related software.

...
99

“Emission control apparatus” means any device utilized by the vehicle manufacturer and/or the 

engine manufacturer to control the emission of any regulated emission, including any associated 

component which monitors the function and maintenance of such a device, regardless of the 

location of the location of the device on the vehicle. This term shall also include any retrofit 

device added to the vehicle or engine as part of a mandatory or voluntary retrofit program

for emission control.

...

“Key on engine off” or “KOEO” means the motor vehicle ignition position of key-on, 

engine-off. This may be denoted on some ignitions by a “run” position and is the key 

position just prior to holding the key in the “start” position to start the engine. Although 

this is the same key position as KOER, the KOEO position implies that the motor vehicle 

engine is not running.

“Key on engine running” or “KOER” means the motor vehicle ignition position of key-on, 

engine-running. This may be denoted on some ignitions by a “run” position and is the key 

position just prior to holding the key in the “start” position to start the engine. Although 

this is the same key position as KOEO, the KOER position implies that the motor vehicle 

engine is running.

...

“Malfunction indicator light” or “MIL” means the light located on the dashboard 

instrument panel of an OBD-equipped motor vehicle that indicates a malfunction detected 

by the OBD system by illuminating the words “check engine,” “service engine,” or an 

engine pictograph with the word “check” or “service.”
100

...

“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. 

...

“Readiness” means the state of a motor vehicle’s OBD system that has successfully 

completed self-diagnostic routines on all supported subsystems as indicated by a showing of 

“ready” on all supported readiness monitors. Readiness does not indicate that the motor 

vehicle has passed the OBD inspection but only that the motor vehicle’s OBD system is 

ready for inspection.

“Readiness monitors” means the various indicators used by a motor vehicle's on board 

computer to record the status of subsystem diagnostic routines. A readiness monitor may 

record a subsystem as “ready,” “not ready” or “not supported.”

...

“Retrofit device” means [a best available retrofit technology that is installed on an on-road diesel 

vehicle or on a piece of off-road diesel equipment pursuant to N.J.A.C. 7:27-32] any emissions 

control apparatus, including exhaust aftertreatment device, that has been installed on the 

vehicle or engine after the original manufacturing date of the complete vehicle.

. 
101

...

“Smokemeter” means [smoke measurement equipment designed and manufactured in 

accordance with specifications set forth at N.J.A.C. 7:27B-4.6], in the context of this 

subchapter, a component of diesel emissions testing equipment. The smokemeter is not 

separable from the diesel emissions testing equipment. Inspections performed using a 

smokemeter must employ diesel emissions testing equipment. 

...

7:27B-4.2 General instructions for all tests

(a) An inspector conducting an emissions test on a heavy-duty diesel[-powered motor]

vehicle or diesel bus pursuant to any provision of this subchapter including, but not 

limited to, N.J.A.C. 7:27B-4.3, 4.4(a) and 4.4(b), shall perform the test in accordance 

with the following general procedures: 

1.- 2. (No change.)

3. Prior to testing, ensure that the engine is at normal operating temperature by

operating the vehicle on a highway or a chassis dynamometer with a road load for 

a minimum of 15 minutes. For testing at a DEIC, only, confirm proper engine 

operating temperature by inserting an oil temperature probe through the oil 

dipstick tube into the crankcase oil, so that the oil temperature as measured during 

the test will be recorded as part of the analyzer printout at the conclusion of the 
102

test. Oil temperature shall be at least [70]60 degrees Celsius ([160] 140 degrees 

Fahrenheit), [and] or water temperature shall be at least 82 degrees Celsius (180 

degrees Fahrenheit) but not overheating;

4.- 5. (No change.)

6. [Ensure that the ambient temperature at the test location is between 35 degrees 

and 95 degrees Fahrenheit and that the temperature is above the dew point by

using a thermometer and hygrometer.] Do not conduct the test if the ambient 

temperature is below 35 degrees Fahrenheit or above 95 degrees Fahrenheit, 

or if the temperature is at the dew point as determined by using a 

thermometer and hygrometer. If the testing is conducted outdoors, do not 

conduct the test if there is any visible precipitation, such as rain or fog, at the test 

site during the time of testing. [Do not conduct the test if the temperature at the 

test location is below 35 degrees or above 95 degrees Fahrenheit, or if the 

temperature is at or below the dew point];

7.- 8. (No change.)

9. If inspecting a vehicle which was either equipped by the manufacturer or was 

retrofitted in accordance with state or federal law or regulation with a catalytic 

converter, particulate trap or trap oxidizer, or any other exhaust aftertreatment 

device, inspect the exhaust system for the presence of the device and for its 
103

physical integrity. Discontinue testing of any motor vehicle which exhibits any

missing exhaust aftertreatment device or perforating rust, crack, hole, tear, or 

other such physical defect in the device. Discontinue testing if the vehicle's 

exhaust aftertreatment system is in regeneration mode or is producing high 

exhaust temperatures, as indicated by the instrument panel controls. If the 

vehicle being tested is a heavy-duty diesel vehicle or diesel bus with an exhaust 

aftertreatment device, discontinue testing and fail the vehicle if the device is 

found not to be in proper functioning condition. Do not resume testing unless 

and until the defect(s) are repaired;

10. If, at any time before or during the inspection of a diesel-powered motor vehicle, 

continuous [blue] smoke of any color is observed in the exhaust emissions for 

more than three seconds, discontinue the testing and determine that the vehicle 

has failed to pass the smoke opacity test conducted pursuant to N.J.A.C. 7:27-

14.6;

[11. At the conclusion of the inspection of a diesel-powered motor vehicle at a DEIC, 

ensure that a printed test report has been produced by the smokemeter which, at a 

minimum, includes (a)11i through xvii below. If the smokemeter is not capable 

of printing out (a)11xiv through xvii below, this information shall be manually 

entered in the print test report by the inspector.
104

i. The smoke opacity value for each snap in sequence, including preliminary 

cleanouts;

ii. The final test result, in percent opacity;

iii. The engine oil temperature;

iv. The engine RPM and smoke opacity strip chart; or the engine curb idle speed 

and high idle speeds during the test, and the engine RPM rise times;

v. The date;

vi. The time;

vii. The location;

viii. The name of the diesel emission inspection center;

ix. The diesel emission inspection center license number;

x. The stack size;

xi. The smoke opacity standard;
105

xii. “Pass” or “Fail” of test results compared to the appropriate smoke opacity 

standard;

xiii. The license number of the diesel emission inspection center employee 

conducting the smoke opacity test;

xiv. The customer name;

xv. The tractor VIN;

xvi. The engine model year; and

xvii. The customer driver’s license number; and

12. At the conclusion of the smoke opacity test, confirm that the smokemeter reads a 

value of less than ±2.0 percent opacity when the smokemeter is disengaged from 

the vehicle exhaust stream.]

(b) An inspector conducting an emissions test on a light-duty diesel vehicle pursuant to any 

provision of this subchapter, including, but not limited to, N.J.A.C. 7:27B-4.7 and 4.8, shall 

perform the test in accordance with the following general procedures:
106

1. Test the vehicle in as-received condition without making any repairs 

immediately prior to testing;

2. Prior to testing, turn off all vehicle accessories, including, but not limited 

to, air conditioning, heating, defroster, radio and lights;

3. Prior to testing, ensure that the diesel emissions testing equipment is 

calibrated and warmed-up in accordance with the manufacturer's 

requirements;

4. Prior to testing, ensure that the vehicle is at normal operating 

temperature by doing one of the following:

i. Check the vehicle's engine coolant temperature gauge and the 

vehicle's engine oil temperature gauge to confirm that the vehicle is at 

a normal operating temperature, as indicated by the gauges; that is, 

that engine coolant temperature is in the “normal” range as specified 

by the vehicle manufacturer, or, if the “normal” range is not specified 

by the vehicle manufacturer, is at least 70 degrees Celsius (160 

degrees Fahrenheit) and that engine oil temperature is at least 80 

degrees Celsius (175 degrees Fahrenheit). If there is no oil 
107

temperature gauge, insert a temperature probe through the oil dip 

stick tube and into the engine oil to confirm normal operating 

temperature;

ii. Operate the vehicle on the road, or on a chassis dynamometer 

under road load, at speeds above 35 MPH for at least 20 minutes.

5. Discontinue testing any vehicle in an overheated condition, as indicated by 

a temperature gauge or warning light, or boiling of engine coolant;

[(b)](c) Equipment to be used in conducting [a smoke opacity] an emissions test on a dieselpowered motor vehicle in accordance with N.J.A.C. 7:27-14.5 shall satisfy all 

specifications and standards for [a smokemeter] diesel emissions testing equipment as 

set forth in N.J.A.C. 7:27B-4.6.

[(c)](d) An inspector conducting a motor vehicle emissions test on a diesel-powered motor 

vehicle as set forth in this subchapter shall use only [motor] diesel [vehicle] emissions

testing equipment that has been approved by the Department prior to its use in the test. 

Approval by the Department is based on the following criteria:

1. – 4. (No change.)
108

[(d)](e) The Department maintains a list of approved equipment for specific test procedures. 

The Department shall periodically review and evaluate equipment offered by

manufacturers of motor vehicle testing equipment of which it is aware or has been made 

aware and update this list. A copy of this list can be obtained from:

New Jersey Department of Environmental Protection

[Bureau of Transportation Control]Diesel Risk Reduction/HDDVIP

P.O. Box [437]418

Trenton, N.J. 08625-0[437]418

7:27B-4.3 Procedures for using a smokemeter to measure the smoke opacity of heavy-duty 

diesel vehicles and diesel buses

(a)-(c) (No change.)

[(d) The testing procedures for the visible black smoke screening test, required pursuant to 

N.J.A.C. 7:27-14.5, shall be performed as follows:
109

1. Determine whether the vehicle’s governor and automatic transmission, as 

applicable, are functioning properly. Do not proceed with the testing of a vehicle 

which is determined to have a disabled or an improperly functioning governor or 

automatic transmission until the governor or automatic transmission is repaired or 

a properly functioning governor or automatic transmission is installed;

2. If the vehicle is equipped with a manual transmission, place the transmission in 

neutral and release the clutch. If the vehicle is equipped with an automatic 

transmission and a low speed engine, place the gear selector in the park or neutral 

position. If the vehicle is equipped with an automatic transmission, but is not 

equipped with a low speed engine, place the gear selector in drive or low gear. 

For both manual and automatic transmission vehicles, depress the brakes firmly 

throughout the remainder of the test;

3. Observe all exhaust ports of the vehicle for the presence of visible black smoke 

in the exhaust emissions throughout the duration of the test;

4. Beginning with the accelerator pedal in the low idle position, rapidly accelerate 

the engine at wide open throttle and hold the accelerator pedal at wide open 

throttle for one to three seconds after the engine has achieved maximum governed 

RPM or, for vehicles with an automatic transmission, only, until the engine speed 

stabilizes while operating in a forward gear. Release the accelerator pedal and 

allow the engine to idle for 15 seconds while continuing to observe the exhaust 
110

emissions for visible black smoke. If black smoke is observed, the vehicle shall 

be deemed to have failed to pass the visible black smoke screening test.

(e) (Reserved)]

7:27B-4.4 Emission control apparatus, retrofit device and closed crankcase ventilation 

system examination procedure 

(a) The procedure for examination of the emission control apparatus of a diesel-powered 

motor vehicle, required at N.J.A.C. [7:27-14.5(e)]7:27-14.5(d), shall[, if the motor 

vehicle had any exhaust aftertreatment incorporated within the vehicle’s or engine’s 

certified configuration by the vehicle or engine original equipment manufacturer,] consist 

of a visual check to determine whether [such exhaust aftertreatment is]all emission 

control apparatus and exhaust system components are present on the motor vehicle.

(b) [The absence of any exhaust aftertreatment determined pursuant to (a) above to be 

included in a motor vehicle or diesel engine’s certified configuration]If any emission 

control apparatus or exhaust system component has been disconnected, detached, 

deactivated, or in any other way rendered inoperable or less effective than designed 

by the original equipment or vehicle or engine manufacturer, the vehicle shall fail 

[shall result in a determination of failure to pass] the emission control apparatus 

compliance examination.

7:27B-4.6 Specifications for [a smokemeter] diesel emissions testing equipment for 

determining compliance with N.J.A.C. 7:27-14
111

(a) A smokemeter used to measure smoke opacity in the exhaust emissions of a dieselpowered motor vehicle in order to determine the vehicle’s compliance with N.J.A.C. 

7:27-14 shall conform to [the following:

1. The smokemeter shall, at minimum, conform to] all specifications and standards 

set forth in SAE J1667 and incorporated herein by reference.[; and

2. The smokemeter shall be capable of accepting as input the vehicle exhaust stack 

diameter and the engine horsepower;

(b) In addition to the requirements set forth at (a)1 and 2 above, a smokemeter, when used by 

a diesel emissions inspection center to measure smoke opacity in the exhaust emissions 

of a diesel-powered motor vehicle for determining compliance with N.J.A.C. 7:27-14, 

shall conform to the following:

1. The smokemeter shall have an integrated engine RPM hookup with an accuracy 

of ±20 RPM, which shall actively measure engine RPM during testing;

2. The smokemeter shall have an oil temperature probe which shall measure engine 

oil temperature in degrees Fahrenheit during testing;

3. The smokemeter shall have the capability to produce a printed test report, in a 

format approved by the Department. The report shall include:

i. The date and time of testing;
112

ii. The final test score and, if test score averaging is required pursuant to 

N.J.A.C. 7:27B-4.3(a) and (c), individual test run raw scores;

iii. The identification number of the inspector performing the test and the license 

number of the DEIC at which the test was performed;

iv. The vehicle identification number and the model year of the vehicle tested;

v. A graphical representation, with a resolution of ±20 RPM, of the pattern 

measured by the engine RPM hookup during testing; and

vi. The oil temperature when measured during testing conducted pursuant to 

N.J.A.C. 7:27B-4.3(a)5, (b)4 or (c)6.]

(b) Equipment used for performing the OBD inspection, as set forth at N.J.A.C. 7:27B4.8, shall be approved by the Department as provided at N.J.A.C. 7:27B-4.2(d) and 

shall meet the requirements of 40 C.F.R. 85.2231, incorporated herein by reference.

7:27B-4.7 [(Reserved)]Procedures for the visible smoke test

(a) An inspector conducting a visible smoke test to determine a diesel vehicle's 

compliance with the inspection requirements set forth at N.J.A.C. 7:27-14.5(c)1 shall 

perform the test as follows:
113

1. Place the vehicle in neutral gear with all accessories off and the emergency 

or parking brake secured;

2. Increase the engine speed to an engine speed greater than the idle mode, 

and observe the exhaust emissions and crankcase emissions for visible 

continuous smoke;

3. If there is visible smoke in the exhaust emissions or crankcase emissions 

for a period in excess of three consecutive seconds, the motor vehicle has 

failed the smoke test; and

4. If there is no visible smoke in the exhaust emissions or crankcase 

emissions for a period in excess of three consecutive seconds, the motor 

vehicle has passed the smoke test.

7:27B-4.8 [(Reserved)]Procedures for the on board diagnostics inspection

(a) The procedure for the OBD inspection, to be used to determine a light-duty 

diesel vehicle's compliance with the OBD inspection requirements at N.J.A.C. 

7:27-14.5(c)2, is as follows:
114

1. Turn off the motor vehicle’s engine and connect the analyzer to the motor 

vehicle computer via the DLC located on the motor vehicle;

2. If the DLC is damaged, missing or obstructed, the motor vehicle has failed 

the OBD inspection;

3. Determine if the MIL is functional by briefly turning the motor vehicle 

ignition system to the KOEO position;

4. If the MIL is not functional, the motor vehicle has failed the OBD 

inspection;

5. Start the motor vehicle and leave the engine running. Determine if the 

MIL remains illuminated while the engine is running; 

6. If the MIL is illuminated with the engine running, the motor vehicle has 

failed the OBD inspection;

7. The analyzer will attempt to communicate with the motor vehicle’s OBD 

system;
115

8. If the analyzer cannot successfully communicate with the motor vehicle’s 

OBD system, the motor vehicle has failed the OBD inspection;

9. If the analyzer successfully communicates with the motor vehicle OBD 

system, it will then retrieve stored information relating to the identification 

of the motor vehicle and any malfunctions recorded by the OBD system;

10. If the analyzer determines that the OBD system or the motor vehicle is 

malfunctioning, the motor vehicle has failed the OBD inspection; and

11. If the analyzer indicates that the motor vehicle does not meet the EPA's 

criteria for “readiness,” that is, if the vehicle's OBD system does not indicate 

that the critical number of supported readiness monitors have been set, the 

motor vehicle is deemed “not ready” for an OBD inspection and has failed 

the OBD inspection.

12. If the analyzer indicates that the motor vehicle is deemed “ready” and 

determines that all components of the OBD system are functioning properly, 

and the OBD system is not indicating any malfunctions of the motor vehicle, 

then the motor vehicle has passed the OBD inspection;
116

(b) The OBD inspection procedure is largely a process whereby the diesel emissions 

testing equipment and the motor vehicle’s OBD system interface and exchange 

information. As such, the description of the on board diagnostics inspection 

procedure set forth at (a) above is a brief, simplified description that does not 

contain explicit technical details. A more detailed flow chart version, reflecting the 

logic flow of pass and fail determinations within the procedure, as well as the 

Department’s OBD equipment specifications, which contain additional technical 

details, are available electronically by contacting the Department’s Bureau of Motor 

Vehicle Inspection and Maintenance at (609) 530-4035.

SUBCHAPTER 5 AIR TEST METHOD 5: TESTING PROCEDURES FOR 

GASOLINE-FUELED MOTOR VEHICLES

7:27B-5.1 Definitions

The following words and terms, when used in this subchapter, have the following meanings, 

unless the context clearly indicates otherwise.

...

“Gasoline-fueled” means powered in whole or in part by a hydrocarbon fuel other than diesel 

fuel, including, but not limited to, gasoline, natural gas, liquefied petroleum gas, or propane or 

powered by alcohol fuels, hydrocarbon-alcohol fuel blends or hydrogen.

...
117

“Motor vehicle testing equipment” means equipment used to conduct a test of a gasoline-fueled 

motor vehicle set forth at N.J.A.C. 7:27B-5, and which satisfies all applicable specifications set 

forth at N.J.A.C. [7:27B-5.9] 7:27B-5.8, Specifications for motor vehicle testing equipment for 

use in the New Jersey Enhanced Inspection and Maintenance Program. For motor vehicle 

inspections conducted pursuant to N.J.A.C. 7:27-15 and this subchapter, this term shall include 

all devices used for performing a motor vehicle inspection, including, but not limited to, exhaust 

gas analyzers, dynamometers, on-board diagnostic scanners and analyzers, fuel cap leak testers, 

and computers and related software.

...

“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 [II] 

regulations at 40 CFR Part 86 [effective for model year 1996 and newer motor vehicles].

7:27B-5.2 General instructions for all tests

(a) An inspector, conducting an emissions test on a gasoline-fueled motor vehicle pursuant to 

any provision of this subchapter, including, but not limited to, N.J.A.C. 7:27B-5.3 

through 5.8, inclusive, shall perform the test in accordance with the following general 

procedures:

1. - 3. (No change.)
118

4. Prior to testing, ensure that the vehicle is at normal operating temperature by

doing one of the following:

i. (No change.)

ii. Operate the vehicle on the road, or on a chassis dynamometer under road 

load, at speeds above 35 MPH for at least 20 minutes; [or

iii. Operate the vehicle on a chassis dynamometer under the ASM5015 load 

appropriate for the vehicle, for at least 10 minutes;]

5. - 8. (No change.)

(b) Equipment to be used in conducting an emissions test on a gasoline-fueled motor vehicle 

in accordance with N.J.A.C. 7:27-15.5 shall satisfy all specifications and standards for 

motor vehicle testing equipment as set forth at N.J.A.C. [7:27B-5.9]7:27B-5.8.

(c) An inspector conducting a motor vehicle emissions test on a gasoline-fueled motor 

vehicle as set forth in this subchapter shall use only motor vehicle testing equipment that 

has been approved by the Department prior to its use in the test. Approval by the 

Department is based on the following criteria:
119

1. The equipment conforms to the requirements set forth at N.J.A.C. [7:27B5.9]7:27B-5.8;

2.-4. (No change.)

(d) The Department maintains a list of approved equipment for specific test procedures. The 

Department shall periodically review and evaluate equipment offered by manufacturers 

of motor vehicle testing equipment of which it is aware or has been made aware and 

update this list. A copy of this list can be obtained from:

New Jersey Department of Environmental Protection

Bureau of [Transportation Control] Motor Vehicle Inspection and Maintenance

PO Box 437

Trenton, N.J. 08625-0437

7:27B-5.4 Procedures for the [2,500 RPM] two speed idle test

(a) An inspector conducting a [2,500 RPM] two speed idle test to determine a gasolinefueled motor vehicle's compliance with the exhaust emission standards set forth in 

N.J.A.C. 7:27-15.6(b)2 shall perform the test [as follows:] in accordance with 40 CFR 

85.2215, Two speed idle test -- EPA 91, incorporated herein by reference.
120

[1. Insert the sample probe into the motor vehicle's tailpipe to a minimum depth of 10 

inches. If the motor vehicle's exhaust system prevents insertion to this depth, use 

a tailpipe extension. For motor vehicles equipped with multiple tailpipes, take 

exhaust gas measurements from all tailpipes simultaneously;

2. For a motor vehicle of model year 1995 or earlier, use a tachometer or other 

device approved by the Department to measure engine speed. Attach the 

tachometer or other device to the motor vehicle in accordance with the tachometer 

or device manufacturer's instructions. For 1996 and newer model year vehicles, 

use the OBD data link connector to monitor RPM. In the event that an OBD data 

link connector is not available or that an RPM signal is not available over the data 

link, use instead a tachometer;

3. Ensure that the vehicle's transmission is in park or neutral;

4. Increase the vehicle engine speed from idle to between 2,200 and 2,800 RPM and 

maintain it at that level for the duration of the test, not to exceed 30 seconds. If 

the engine speed falls and remains below 2,200 RPM or exceeds and remains 

above 2,800 RPM for more than two consecutive seconds during the test period, 

invalidate the measured value for that sampling period and extend the test 

duration accordingly. If any excursion outside of the allowable RPM range lasts 

for more than ten seconds, invalidate the test, and initiate another 2,500 RPM test;
121

5. Measure exhaust concentrations as percent carbon monoxide and parts per million 

hydrocarbons after obtaining stabilized readings or at the end of 30 seconds, 

whichever occurs first;

6. If the percent carbon monoxide or parts per million hydrocarbons recorded in (a)5 

above exceeds the applicable standards specified in Table 2 at N.J.A.C. 7:27-15.6, 

repeat the 2,500 RPM test procedure in accordance with (a)4 and 5 above after the 

vehicle engine has been operated at idle mode for at least 30 seconds and 

demonstrates no signs of overheating as determined at N.J.A.C. 7:27B-5.2(a)4;

7. If the percent carbon monoxide or parts per million hydrocarbons recorded in (a)6 

above exceeds the applicable standards specified in Table 2 at N.J.A.C. 7:27-15.6, 

the motor vehicle has failed the 2,500 RPM test; and

8. If the percent carbon monoxide or parts per million hydrocarbons recorded in (a)6 

or 7 above does not exceed the applicable standards specified in Table 2 at 

N.J.A.C. 7:27-15.6, the motor vehicle has passed the 2,500 RPM test.]

[7:27B-5.5 Procedures for the ASM5015 test
122

(a) An inspector conducting an ASM5015 test to determine a gasoline-fueled motor vehicle's 

compliance with the exhaust emission standards set forth at N.J.A.C. 7:27-15.6(b)3 shall 

perform the test as follows:

1. Ensure that the dynamometer is warmed up, in stabilized operating condition, and 

is adjusted and calibrated in accordance with the procedures recommended by the 

dynamometer manufacturer;

2. Position the motor vehicle on the dynamometer and, if necessary, secure it 

according to protocol recommended by the dynamometer manufacturer;

3. Set the dynamometer at a load setting determined by the approved motor vehicle 

emission testing equipment after entry of appropriate motor vehicle parameters, 

such as body style and number of engine cylinders, in response to the 

equipment-generated prompts;

4. Insert the sample probe into the motor vehicle's tailpipe to a minimum depth of 10 

inches. If the motor vehicle's exhaust system prevents insertion to this depth, use 

a tailpipe extension. For motor vehicles equipped with multiple tailpipes, take 

exhaust gas measurements from all tailpipes simultaneously;
123

5. When conducting the ASM5015 test, operate a motor vehicle with an automatic 

transmission with the gear selector in drive, and operate a motor vehicle with a 

manual transmission in first, or, if more appropriate, second gear.

6. Accelerate the motor vehicle to a speed of 15 MPH as indicated on the 

dynamometer speed indicator. Maintain this speed, ±1.0 MPH, for the duration of 

the test sequence. The test sequence shall begin when the dynamometer speed 

reaches 15 MPH and shall consist of a stabilization period and a pass/fail decision 

period as follows:

i. The stabilization period shall begin at a test time of zero seconds (T = 0) 

and shall proceed until an elapsed time of T = 25 seconds;

ii. The pass/fail decision period shall immediately follow the stabilization 

period, beginning at T = 26 seconds. The vehicle shall pass the ASM5015 

test if, at any point between T = 26 seconds and T = 90 seconds, 

measurements made of the hydrocarbons, carbon monoxide and oxides of 

nitrogen in the exhaust emissions indicates that the concentration of each 

is less than or equal to the applicable standards established in Table 3 at 

N.J.A.C. 7:27-15.6;
124

iii. If, prior to T = 90 seconds, the vehicle has passed the ASM5015 test, 

immediately terminate the test in accordance with (a)7 below; and

iv. If, at T = 90 seconds, the vehicle has not passed the ASM5015 test, the 

vehicle shall be determined to have failed the ASM5015 test and the test 

shall be immediately terminated in accordance with (a)7 below; and

7. Conclude the ASM5015 test by placing the vehicle's transmission in park or 

neutral after safely bringing the vehicle's drive wheels to a complete stop using 

the vehicle's brakes.]

[7:27B-5.6] 7:27B-5.5 Emission control apparatus examination procedure

(a)-(c) (No change.)

[7:27B-5.7] 7:27B-5.6 Procedures for the on-board diagnostics inspection

(a) The procedure for the OBD inspection, to be used to determine a motor vehicle's 

compliance with the OBD inspection requirements at N.J.A.C. 7:27-15.5(f)2, is specified 

as follows:
125

1. - 4. (No change.)

5. Start the motor vehicle and leave the engine running. Determine if the MIL 

remains illuminated while the engine is running;

6. If the MIL is illuminated with the engine running, the motor vehicle has 

failed the OBD inspection;

7. The analyzer will attempt to communicate with the motor vehicle’s OBD system;
126

[6.]8. (No change in text.)

[7.]9. (No change in text.)

[8.]10. (No change in text.)

[9.]11. (No change in text.)

[10.]12. (No change in text.) 

[11.]13.A motor vehicle that failed an initial OBD inspection for not having a 

properly functioning catalyst must, on reinspection, [pass both the OBD 

inspection and the appropriate tailpipe exhaust test, as determined at 

N.J.A.C. 7:27-15.5(g), if, on reinspection, the readiness monitor is not set 

(that is, is “not ready”) for the motor vehicle’s catalyst.] have its catalyst 

monitor set to ready and must meet all other criteria required to pass 

the OBD inspection.

(b) The OBD inspection procedure is largely a process whereby the motor vehicle 

testing equipment and the motor vehicle’s OBD system interface and exchange 

information. As such, the description of the on-board diagnostics inspection 

procedure set forth at (a) above is a brief, simplified description that does not 

contain explicit technical details. A more detailed flow chart version, reflecting 
127

the logic flow of pass and fail determinations within the procedure, as well as the 

Department’s OBD equipment specifications, which contain additional technical 

details, are available electronically by contacting the Department’s Bureau of 

[Transportation Control]Motor Vehicle Inspection and Maintenance at (609) 

530-4035.

(c) (No change.)

[7:27B-5.8] 7:27B-5.7 Procedures for the fuel cap leak test

(a) An inspector conducting a fuel cap leak test to determine a gasoline-fueled motor 

vehicle's compliance with the fuel cap leak test requirements at N.J.A.C. 

7:27-15.5(f)4 shall perform the test [as follows:

1. On and after the date EPA promulgates the procedures to be used for the 

fuel cap leak test at 40 C.F.R. 85.2222, or elsewhere in Title 40, such 

procedures and standards and all subsequent revisions thereto shall be 

incorporated herein by reference;

2. Until EPA promulgates such procedures and standards,] in accordance 

with the applicable procedures and standards [shall be those] described in 

the EPA technical guidance document EPA420 R-00-007, entitled IM240 
128

and Evap Technical Guidance, incorporated herein by reference. A copy 

of this EPA technical guidance document may be obtained from the Public 

Access Center in the Department of Environmental Protection.

[7:27B-5.9] 7:27B-5.8 Specifications for motor vehicle testing equipment for use in 

the New Jersey Enhanced Inspection and Maintenance Program

(a) Equipment used for performing the idle test, as set forth at N.J.A.C. 7:27B-5.3(b), 

and the [2,500 RPM] two speed idle test, as set forth at N.J.A.C. 7:27B-5.4, shall 

conform with the requirements for such equipment at [40 C.F.R. 51 Subpart S Appendix 

D - Steady State Short Test Equipment,] 40 CFR 85.2225, Steady state test exhaust 

analysis system – EPA 91, and all subsequent revisions thereto, incorporated herein by

reference.

(b) [Equipment used for performing the ASM5015 test, as set forth at N.J.A.C. 

7:27B-5.5, shall conform with the following:

1. On and after the date EPA promulgates the ASM5015 equipment 

specifications at 40 C.F.R. 85.3, such specifications and all subsequent 

revisions thereto shall be incorporated herein by reference;
129

2. Until EPA promulgates such specifications, the applicable specifications 

shall be those described in the EPA technical guidance document 

EPA-AA-RSPD-I/M-96-2, entitled Acceleration Simulation Mode Test 

Procedures, Emission Standards, Quality Control Requirements, and 

Equipment Specifications, July 1996, incorporated herein by reference. A 

copy of this EPA technical guidance document may be obtained from the 

Public Access Center in the Department of Environmental Protection.

(c)] Equipment used for performing the fuel cap leak test, as set forth at N.J.A.C. 

[7:27B-5.8]7:27B-5.7, shall be in accordance with the [following:

1. On and after the date EPA promulgates the evaporative system inspection 

equipment specifications at 40 C.F.R. 85.2227, such specifications and all 

subsequent revisions thereto shall be incorporated herein by reference;

2. Until EPA promulgates such specifications, the] applicable specifications 

[shall be those] described in the EPA technical guidance document 

EPA420 R-00-007, entitled IM240 and Evap Technical Guidance,

incorporated herein by reference. A copy of this EPA technical guidance 

document may be obtained from the Public Access Center in the 

Department of Environmental Protection.
130

(d) Equipment used for performing the OBD inspection, as set forth at N.J.A.C. 

[7:27B- 5.7]7:27B-5.6, shall be approved by the Department as provided at 

N.J.A.C. 7:27B-5.2(c) and shall conform with the provisions of 40 C.F.R. 

85.2231, and all subsequent revisions thereto, incorporated herein by reference.

Based on consultation with staff, I hereby certify that the above statements, including the 

Federal Standards Analysis addressing the requirements of Executive Order No. 27 

(1994), permits the public to understand accurately and plainly the purposes and expected 

consequences of this proposal. I hereby authorize this proposal.

Date:_____________ ________________________________________

Mark N. Mauriello, Acting Commissioner

Department of Environmental Protection