GA Code § 12-9-43 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 9 - Prevention and Control of Air Pollution|Article 2 - Motor Vehicle Emission Inspection and Maintenance|§ 12-9-43. Definitions

 As used in this article, the term:    "Board" means the Board of Natural Resources.   "Certificate of authorization" means a certificate issued by the Department of Natural Resources to each establishment or location designated as an official emission inspection station.   "Certificate of emission inspection" means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board diagnostic equipment have been inspected and approved in accordance with this article and the rules and regulations promulgated pursuant to this article. Such certificates will be furnished to official emission inspection stations by the department to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by this article.   "Commissioner" means the commissioner of natural resources.   "Department" means the Department of Natural Resources.   "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.   "Emission inspection station" means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which has been issued by the director a certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by this article.   "Emission inspection sticker" means a sticker issued in conjunction with a certificate of emission inspection to be displayed on the responsible motor vehicle.   "Exhaust emission" means:   The act of releasing hydrocarbons, nitrogen oxides, or carbon monoxide into the atmosphere by means of a motor vehicle exhaust system; or   The material so passed into the atmosphere.     "Evaporative emission" means:   The act of releasing hydrocarbons into the atmosphere by means of evaporation from a motor vehicle; or   The material so passed into the atmosphere.     "Federal Clean Air Act" means 42 U.S.C. Section 7401, et seq., as amended.   "Highway" means any road or way publicly maintained and open for use by the public for vehicular traffic.   "Hydrocarbons" means any compound containing carbon and hydrogen.   "Inspection term" means the period of time a certificate of emission inspection shall be considered valid. The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term shall be no less than 12 months.   "Mechanic inspector" means a person approved and issued a license by the department to perform the emission inspections required by this article.   "Model year" means the manufacturer's annual production period, as determined by the director, provided that, if the manufacturer has no annual production period, the term "model year" shall mean the calendar year.The model year shall be determined by the vehicle identification number appearing on the vehicle.   "Motor vehicle" means any contrivance propelled by power other than muscular power, used for transportation of persons or property on highways, and not operated exclusively upon tracks.   "National Ambient Air Quality Standard" or "NAAQS" means those allowable ambient air concentrations for pollutants, including ozone and carbon monoxide, specified by the USEPA pursuant to 42 U.S.C. Section 7401, et seq., as amended.   "Nitrogen oxides" means any of the various compounds which contain only nitrogen and oxygen.   "Nonattainment area" means a geographic area designated by the USEPA in the Code of Federal Regulations as an area which has not attained or maintained the NAAQS for ozone or carbon monoxide or both in accordance with the federal Clean Air Act, as amended.   "Owner" means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this article.   "Person" means any natural person or individual, corporation, partnership, association, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity.   "Responsible motor vehicle" means any motor vehicle defined by the USEPA and published in the Code of Federal Regulations as a light duty vehicle or light duty truck, excluding any motor vehicle exempted from this article by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended.   "USEPA" means the United States Environmental Protection Agency.     (Code 1981, §12-9-43, enacted by Ga. L. 1992, p. 918, § 2; Ga. L. 1996, p. 336, § 2.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under Ga. L. 1979, p. 1213 are included in the annotations for this section.   "Responsible motor vehicle" includes those powered by alternate power systems.   - By using the word, "any" to describe motor vehicles, the statute does not admit to any exceptions. A vehicle is still "propelled by gasoline combustion power" even though it has an alternate power system based on natural gas or liquefied petroleum gas which would otherwise exempt the motor vehicle. 1981 Op. Att'y Gen. No. 81-84 (decided under Ga. L. 1979, p. 1213).   RESEARCH REFERENCES   C.J.S.   - 39A C.J.S., Health and Environment, §§ 123, 126, 132, 135, 139, 155.