New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 43 - ENHANCED MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM › Section 13:20-43.1 - 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.
"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.
"Certificate of approval" means an inspection sticker issued by an official inspection facility, a licensed private inspection facility, a State specialty inspection facility or the Motor Vehicle Commission's Mobile Inspection Unit certifying that a motor vehicle complies with the requirements of Title 39 and Title 26 of the Revised Statutes, this subchapter, N.J.A.C. 13:20-32 or 33, whichever is applicable, and N.J.A.C. 7:27-15 and 7:27B-5 regarding the inspection of motor vehicles.
"Certified configuration" means a vehicle-engine-chassis design for light-duty gasoline-fueled vehicles and light-duty gasoline-fueled trucks certified by either of the following agencies as meeting the applicable emission standards for motor vehicles manufactured in a given model year:
1. EPA for model year 1968 or for a more recent model year; or
2. California Air Resources Board for model year 1966 or for a more recent model year.
"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 privately owned and operated 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.
"Class IV" means a licensed privately owned and operated inspection facility equipped with Department of Environmental Protection-approved OBD test equipment used for testing as set forth at N.J.A.C. 7:28B-5.6 and Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for test as set forth at N.J.A.C. 7:27-14.4.
"Class V" means a licensed privately owned and operated inspection facility equipped with Department of Environmental Protection-approved OBD test equipment used for testing as set forth at N.J.A.C. 7:27B-5.6; two speed emission analyzer used for testing as set forth at N.J.A.C. 7:27B-5.4; and Department of Environmental Protection-approved smoke opacity equipment or smoke meter used for testing as set forth at N.J.A.C. 7:27-14.4.
"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).
"Collector motor vehicle" means a motor vehicle that is less than 25 years old and which was either: originally manufactured as a restricted issue make or model, or in a sufficiently limited quantity; or at the time of qualification for designation exists in such limited numbers; either one or the other or both of the above, according to any generally recognized compilation of motor vehicle statistical information on file with, or supplied by the owner to the Motor Vehicle Commission, as may be accepted by the Chief Administrator in his or her discretion, so as to establish it as a unique commodity having a current monetary value in excess of similar make and model vehicles with routine manufacture and distribution patterns, and, further, that is not driven in excess of the maximum mileage permitted by the terms of a valid limited use motor vehicle insurance policy issued for, and covering such vehicle, proof of which shall be supplied to the Motor Vehicle Commission at the time of application for designation as a collector vehicle, which mileage shall in no event exceed 3,000 miles per year. This term shall not include motor vehicles with elevated chassis height that are subject to inspection in accordance with N.J.A.C. 13:20-37.
"Department" means the Department of Environmental Protection in the State of New Jersey.
"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.
"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.
"Federal test procedure" means a chassis dynamometer test which employs varying speeds and loads, developed by the Federal Environmental Protection Agency for purposes of measuring motor vehicle exhaust emissions.
"Fleet" means 10 or more motor vehicles.
"Gasoline-fueled" means powered 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.
"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.
"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.
"Inspection decal" means an inspection sticker issued by an official inspection facility in accordance with 13:20-7.4 setting forth the year and month in which a motor vehicle less than five model years old shall be presented for inspection in this State.
"Inspector" means an individual who is licensed by the Motor Vehicle Commission to perform motor vehicle emission and OBD inspections.
"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.
"Kit vehicle" means an automobile that is available as a set of parts that a manufacturer sells and the buyer himself or herself, the manufacturer, or a third party, then assembles into a functioning car.
"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 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" means all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
"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 repair facility" means any person, partnership or corporation registered by the Motor Vehicle Commission to engage in the business of performing emission-related and OBD-related repairs on motor vehicles that have failed an emission or OBD inspection required by this subchapter.
"Official inspection facility" means a test-only inspection facility that the State Treasurer has contracted for pursuant to section 4 of P.L. 1995, c.112.
"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.
"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).
"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.
"Private inspection facility" means any person, partnership or corporation licensed by the Motor Vehicle Commission pursuant to N.J.A.C. 13:20-44 to perform the motor vehicle inspections required by 39:8-1.
"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.
"Remote sensing device" means an apparatus which remotely monitors motor vehicle emissions from an on-road, roadside, or other location.
"Replica vehicle" means a reproduction of an early vintage vehicle built on a custom frame or chassis from another manufacturer or not the original chassis.
"State" means a state of the United States or the District of Columbia.
"State specialty inspection facility" means a test-only inspection facility that is operated by the Motor Vehicle Commission to inspect certain motor vehicles as specified in 13:20-7.3(d).
"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.