New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 46 - DIESEL EMISSION INSPECTION AND MAINTENANCE PROGRAM › Section 13:20-46.1 - 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.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Department" means the Department of Environmental Protection in the State of New Jersey.
"Diesel bus" means any diesel-powered autobus or motorbus 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 Commission's Commercial Bus Inspection and Investigation Unit 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 Commission's Commercial Bus Inspection and Investigation Unit; 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 39:1-1; and hotel, casino, charter, and special buses.
"Diesel powered motor vehicle" means a vehicle, whether registered in this State or elsewhere, that is self-propelled by a compression type of internal combustion engine using diesel fuel and that (1) is designed or used for transporting persons or property on any public road, street, or highway or any public or quasi-public property in this State; (2) is greater than 8,500 pounds gross vehicle weight; (3) is not a diesel bus or heavy duty diesel truck; and (4) is not a heavy duty diesel truck or other diesel powered motor vehicle owned and operated by a county, municipality, fire district, or duly incorporated nonprofit organization for first aid, emergency, ambulance, rescue, or fire-fighting purposes. Diesel powered motor vehicle shall also mean a vehicle that is designed or used for construction or farming purposes and is greater than 8,500 pounds gross vehicle weight, except that the Motor Vehicle Commission, in consultation with the Department of Environmental Protection, may exempt from the requirements of this definition diesel powered motor vehicles that are registered as construction vehicles under Titles 39 and 41 of the Revised Statues or that are greater than 8,500 pounds gross vehicle weight and are designed or used for construction or farming purposes.
"Diesel emission inspection center" means any person, partnership or corporation licensed by the Motor Vehicle Commission pursuant to N.J.A.C. 13:20-47 to perform the diesel vehicle inspections permitted by that subchapter.
"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single or combination (articulated) vehicle. The GVWR of a combination (articulated) vehicle, commonly referred to as the "gross combination weight rating" or "GCWR," is the GVWR of the power unit plus the GVWR of the towed unit or units.
" 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. For the purposes of these rules, 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.
"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 ).
"Periodic inspection program" or "periodic inspection" means a program in which diesel buses and heavy-duty diesel trucks registered in this State are periodically inspected in accordance with the provisions of P.L. 1995, c.157 (39:8-59 et seq.).
"Person" means a corporation, company, association, society, firm, partnership, or joint stock company, or an individual, and shall also include the State and all of its political subdivisions and any agencies, authorities, corporations, or instrumentalities of the State or any political subdivision thereof.
"Roadside enforcement program" or "roadside inspection" means a roadside examination program conducted pursuant to P.L. 1995, c. 157 (39:8-59 et seq.) and this subchapter for the inspection of exhaust emissions, emission control apparatus and such other items as the Department of Environmental Protection, in consultation with the Chief Administrator of the Motor Vehicle Commission and the Commissioner of Transportation, prescribes, of diesel buses and heavy-duty diesel trucks along any public road, street or highway or any public or quasi-public property in this State or at such other locations as may be designated by the Chief Administrator in consultation with the Commissioner of Transportation.
"Roadside inspector" means an individual who is designated by the Chief Administrator to perform roadside diesel vehicle emission inspections pursuant to this subchapter.
"State specialty inspection facility" means a test-only inspection facility that is operated by the Motor Vehicle Commission to inspect and re-inspect certain motor vehicles as defined at N.J.A. C. 13:20-7.3(d).
"State" means a state of the United States or the District of Columbia.