New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Advertising" means any printed or published materials including, but not limited to, direct mail, circulars, leaflets, pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of the private inspection facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.
"Applicant" means any person applying under the provisions of this subchapter for an initial license to engage in the business of a private inspection facility or to renew an existing license. In the case of a partnership or corporation applying for a license, the term "applicant" shall respectively include all partners and/or officers and directors and/or persons having a controlling interest in a sole proprietorship or corporation.
"Bi-fueled" means powered by gasoline and by an alternative fuel, but not on a mixture of the two fuels. Each fuel is stored in a separate tank. For example, a vehicle may operate on either propane or gasoline, but it cannot operate on both at the same time. Typically, these vehicles will consume the alternative fuel until the supply is exhausted, then switch over, often automatically, to use the traditional fuel. This term shall not include vehicles powered by electric motors.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Class I" means a licensed private inspection facility equipped with Department of Environmental Protection-approved OBD equipment as set forth at 7:27B-5.6.
"Class II" means a licensed private inspection facility equipped with Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for testing as set forth at 7:27-14.5.
"Class III" means a licensed private inspection facility equipped with Department of Environmental Protection-approved OBD equipment used for testing as set forth at 7:27B-5.6 and Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for testing as set forth at N.J.A.C. 7:27-14.5.
"Commercial motor vehicle inspection" means the annual inspection for mechanical defects with applicable emission test or emission component test of passenger vehicle transportation and commercial vehicles except for diesel-fueled vehicles that are registered as commercial vehicles having a GVWR of greater than 8,500 pounds.
"Commercial vehicle" means all vehicles registered according to 39:3-20, regardless of weight (if gasoline or bi-fueled) or having a GVWR of 8,500 pounds or less (if diesel fueled).
"Controlling interest" means possession of the power to direct or cause the direction of the management and policies of a private inspection facility, whether through the ownership of voting securities or otherwise. The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any private inspection facility. This presumption may be rebutted by showing that control does not in fact exist. The Chief Administrator may determine that control in fact exists, notwithstanding the presence or absence of a presumption to that effect.
"Department" means the Department of Environmental Protection in the State of New Jersey.
"Diesel bus" means a diesel bus as defined pursuant to section 2 of P.L. 1995, c. 157 (39:8-60 ), except that "diesel bus" shall include only diesel buses with a gross vehicle weight rating in excess of 14,000 pounds, and shall not include school buses or buses under the inspection jurisdiction of the Commission's Inspection Services Bus Unit.
"Driving school vehicle" means any vehicle owned or leased by a licensed Motor Vehicle Commission driving school used to provide driver training and testing to school clients.
"Electric vehicle" means any vehicle powered solely by electric without an on-board engine or generator, and that does not use a hydrocarbon fuel to create electricity. These vehicles include plug-in electric, but not plug-in hybrid electric, or solar powered vehicles.
"Emission control system" means a device or equipment installed on a motor vehicle by the vehicle manufacturer and/or the engine manufacturer for the purpose of controlling air contaminants emitted from the motor vehicle or motor vehicle engine, including devices or equipment integral with, but not limited to, exhaust emission control systems, fuel evaporation control systems, crankcase emission control systems, and associated devices or systems which control or monitor the function and maintenance of these devices or systems.
"Engaged in the business" means:
1. Any person who inspects, reinspects and certifies motor vehicles, including motor vehicle emission control systems; or
2. Any person who for compensation negotiates, in any manner, with any customer to inspect, reinspect and certify motor vehicles, including emission control systems.
"EPA" means the United States Environmental Protection Agency.
"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. §
										7401 et seq., and any subsequent amendments or supplements to that act.
"Fleet endorsement" means designated by an endorsement to perform inspection on fleets of 10 or more vehicles. Fleet endorsement can apply to a private inspection facility regardless of class.
"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or combination (articulated) vehicle.
"Heavy-duty diesel truck" means any diesel-powered motor vehicle, whether registered in this State or elsewhere, with a GVWR of 18,000 or more pounds that is designed or used for the transporting of property on any public road, street, or highway or any public or quasi-public property in this State. Heavy-duty diesel truck shall not mean a heavy-duty diesel truck owned and operated by a county, municipality, fire district, or duly incorporated nonprofit organization and used for first aid, emergency, ambulance, rescue, or fire-fighting purposes.
"Heavy-duty gasoline-fueled vehicle" means a gasoline-fueled motor vehicle that has a GVWR of more than 8,500 pounds and that is designed primarily for transportation of persons or property.
"Initial inspection" means the required inspection conducted on a motor vehicle at the beginning of each inspection cycle as appropriate for the vehicle to obtain a certificate of approval for a new inspection cycle.
"Jitney" means an autobus as defined in 48:16-23 with a carrying capacity of not more than 13 passengers, operated under municipal consent upon a route established wholly within the limits of a single municipality or with a carrying capacity of not more than 20 passengers operated under municipal consent upon a route established wholly within the limits of not more than four contiguous municipalities within any county of the fifth or sixth class, which route in either case does not, in whole or in part, parallel upon the same street the line of any street railway or traction railway or any other autobus route.
"Light-duty gasoline-fueled truck" means a gasoline-fueled motor vehicle that has a GVWR of 8,500 pounds or less, a vehicle curb weight of 6,000 pounds or less, and a basic frontal area of 45 square feet or less, and that is:
1. Designed primarily for the transportation of property or more than 12 passengers; or
2. Available with special features enabling off-street or off-highway operation and use.
"Light-duty gasoline-fueled vehicle" means a gasoline-fueled motor vehicle that has a GVWR of 8,500 pounds or less, is designed primarily for use as a passenger car or is a passenger car derivative and is capable of seating 12 or fewer passengers.
"Limousine" means any motor vehicle that is issued special registration plates bearing the word "limousine" pursuant to 39:3-19.5 other than motor vehicles that are subject to inspection by the Motor Vehicle Commission's Commercial Bus Inspection and Investigation Unit.
"Model year" means, with respect to a motor vehicle, the year in which the motor vehicle is considered to have been manufactured. If the manufacturer establishes an annual production period, designation of the year shall be based on the annual production period during which the manufacturer begins production of the motor vehicle. When such annual production period falls within one calendar year, the model year attributed to the motor vehicle shall be that calendar year. When such annual production period continues from one calendar year into the next, the model year attributed to the motor vehicle shall be the latter calendar year (for example, a motor vehicle produced in an annual production period that continues from 1994 to 1995 shall be considered as being produced in the 1995 model year). If the manufacturer establishes no annual production period, a motor vehicle's model year shall be the calendar year in which the manufacturer begins production of that motor vehicle. If a motor vehicle is manufactured in two or more stages, the model year of such a motor vehicle shall be based on the date of completion of the chassis. In case of any dispute, the Chief Administrator shall have sole discretion to determine the model year of a vehicle for purposes of this subchapter. For purposes of this subchapter, the Chief Administrator may, in his or her discretion, determine that "model year" means the model year designated for the motor vehicle as contained in the vehicle identification number for such vehicle.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4 ).
"Motor vehicle emission testing equipment" means equipment in accordance with specifications contained in 7:27B-5.8 and 4.6. The equipment shall include all devices used for performing a motor vehicle emission inspection, including, but not limited to, OBD scanners, computers, and related software or a smoke meter.
"OBD-eligible" means capable of receiving an OBD inspection as determined by the Department of Environmental Protection in accordance with 7:27-15.5(m)  or 14.5(g), whichever is applicable.
"Omnibus" means all motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if the same are not otherwise used in the transportation of passengers for hire.
"Omnibus 2" means motor vehicles operated by a company or individual that provides passenger transportation to a target audience and market that is not in competition with a publicly regulated transit route or does not collect fares from the general public.
"On-board diagnostics" or "OBD" means an automotive diagnostic system complying with California Air Resources Board OBD regulations or EPA OBD regulations effective for model year 1996 and newer gasoline-fueled and bi-fueled motor vehicles and for model year 1997 and newer diesel-fueled motor vehicles.
"Passenger motor vehicle inspection" means the biennial (every two years) inspection of all OBD-eligible vehicles and all gasoline-powered vehicles.
"Passenger vehicle" means all vehicles registered with registration codes 1 through 9, 12 (not utilized to transport passengers), 15, 31, and 73.
"Passenger vehicle transportation" means vehicles regardless of fuel type, plated as taxicab, limousine, jitney, Omnibus 2, hotel bus, paratransit vehicle, mobile assistance vehicle or ambulance, except those vehicles inspected by the Commission's Inspection Services Bus Unit.
"Person" means any natural person, business, company, firm, partnership, association, corporation or any other entity.
"Place of business" means the address or location where the services of a private inspection facility are offered or ordinarily performed.
"Private inspection facility" means any person who for compensation engages in the business of inspecting, reinspecting and certifying motor vehicles, including emission control systems. For purposes of this subchapter, an employee of a private inspection facility who engages in the business of inspecting, reinspecting and certifying motor vehicles, including emission control systems, solely by reason of his or her employment is not deemed to be a private inspection facility and is not required to be licensed as such.
"Private inspection facility license" means a license issued to a private inspection facility which evidences the Chief Administrator's authorization for the facility to engage in the inspection, reinspection and certification of motor vehicles, including motor vehicle emission control systems.
"Reconstructed vehicle" means a vehicle which has been materially altered from its original construction by the removal, addition or substitution of essential parts, new or used.
"Regulated solid waste vehicle" means any diesel solid waste vehicle registered in this State that is owned by the State, a county, a municipality, or a political subdivision, or that is owned by a person who has entered into a contract in effect on or after the effective date of P.L. 2005, c. 219 (26:2C-8.2 6 et seq.), with the State, a county, a municipality, or a political subdivision, to provide solid waste services.
"Re-inspection" means any subsequent inspection required due to a failure of an initial inspection in order for a vehicle to obtain a certificate of approval.
"Suspension, revocation or refusal to grant or renew" means administrative action by the Chief Administrator, in accordance with the provisions of P.L. 1995, c. 112 or this subchapter, to refuse to grant or renew a private inspection facility license or to suspend or revoke an existing license.
"Taxicab" means an autocab as defined in 48:16-1 engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the State.