11.14.08.03

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Motor Vehicle Administration of the Maryland Department of Transportation.

(2) "ASE" means the National Institute for Automotive Service Excellence.

(3) "Audit" means a periodic quality assurance check, performed by the Administration or the Department, on equipment and personnel regulated under this chapter.

(4) "Auditor" means an employee of the Administration or the Department who performs audits.

(5) "Certificate" means a vehicle inspection report issued by the contractor, a fleet inspection station, or the Administration, which certifies that:

(a) A vehicle has undergone an emissions inspection; or

(b) Emissions inspection standards have been waived for a vehicle.

(6) "Certified emissions repair facility" means a business certified by the Department which:

(a) Engages in emissions-related repairs to vehicles; and

(b) Meets the requirements of Regulation .18 of this chapter.

(7) "Contractor" means a business under contract with the State to operate and manage the vehicle emissions inspection stations.

(8) "Date of scheduled inspection" means a specific date, as assigned by the Administration, by which a vehicle shall be inspected.

(9) "Dealer" means a person licensed under Transportation Article, §15-302, Annotated Code of Maryland.

(10) "Department" means the Maryland Department of the Environment.

(11) "Emissions control device" means a design element or device installed on a motor vehicle by the vehicle manufacturer to comply with the standards of the Clean Air Act, 42 U.S.C. §7521, including, but not limited to, the oxygen sensor, catalytic converter, the fuel inlet restrictor; and devices integral to the:

(a) On-board diagnostics system;

(b) Exhaust gas recirculation (EGR) system;

(c) Evaporative emissions control system;

(d) Positive crankcase ventilation (PCV) system;

(e) Air injection system;

(f) Fuel metering system; and

(g) Ignition system.

(12) "Emissions inspection area" means Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, Queen Anne's, and Washington counties, and Baltimore City.

(13) "Emissions-related recall" means a manufacturer plan to remedy vehicle emissions-related defects or nonconformity with new vehicle emissions standards through either a voluntary emissions recall as defined in 40 CFR §85.1902(d), or a remedial plan determination made pursuant to the Clean Air Act, 42 U.S.C. §7541.

(14) "Emissions-related repair" means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components necessary to bring a vehicle into compliance with the emissions standards set forth in this chapter.

(15) "Emissions standard" means a requirement that limits the quantity, quality, rate, or concentration of emissions from a vehicle.

(16) "Fail certificate" means a certificate which indicates that a vehicle is not in compliance with an emissions inspection standard.

(17) "Fleet inspection station" means an establishment licensed by the Department to perform certain emissions inspections and that is either:

(a) An establishment that owns or operates at least 25 vehicles subject to this chapter; or

(b) A dealer with annual sales of at least 25 vehicles subject to this chapter.

(18) "Gross vehicle weight rating (GVWR)" means the total vehicle weight, including load, as designated by the vehicle manufacturer.

(19) "Highway" has the meaning stated in Transportation Article, §11-127, Annotated Code of Maryland.

(20) "Initial inspection" means the first inspection of a vehicle in an inspection cycle.

(21) "Inspection cycle" means an approximate 2-year period which begins with the date of scheduled inspection.

(22) "Inspector" means an employee of the contractor who performs emissions inspections at a vehicle emissions inspection station, or a master certified emissions technician who performs emissions inspections at a fleet inspection station.

(23) "Master certified emissions technician" means an individual who meets the provisions of Regulation .17 of this chapter.

(24) "Misfueling" means the introduction of improper fuel into a vehicle as prohibited under the Clean Air Act, 42 U.S.C. §7545.

(25) "Model year" means the vehicle model year as designated by the manufacturer or the model year designated by the Administration for a vehicle constructed by other than the original manufacturer.

(26) "Motor vehicle" has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.

(27) "On-board diagnostics" means an emissions control diagnostics system installed on a vehicle as required by the Clean Air Act, 42 U.S.C. §7521(m), which identifies deterioration or malfunction of vehicle systems and stores the information for retrieval.

(28) "Pass certificate" means a certificate which indicates that a vehicle is in compliance with all applicable emissions standards.

(29) "Period of permitted operation" means the period beginning with the Wednesday on or before an initial inspection failure and ending 17 weeks after the Wednesday on or before the initial inspection failure.

(30) "Qualified hybrid vehicle" has the meaning stated in Transportation Article, §23-202(b)(3)(i), Annotated Code of Maryland.

(31) "Recognized repair technician" means a person who:

(a) Performs vehicle repairs as a profession, or is certified as a certified emissions technician under this chapter; and

(b) Is employed at a facility whose purpose is vehicle repair.

(32) "Referee inspection" means an emissions inspection conducted by the Administration or the Department for the purpose of resolving disputes or gathering data.

(33) "Registered gross vehicle weight" means the total vehicle weight including load as designated on the vehicle registration record of the Administration.

(34) "Remote sensing equipment" means equipment capable of measuring vehicle exhaust emissions as the vehicle is driven past the equipment.

(35) "Sample dilution" means an inspection result where an exhaust sample contains less than 6 percent carbon monoxide plus carbon dioxide, preventing a valid idle exhaust emissions test, as described in 40 CFR Part 51, Subpart S.

(36) "Vehicle" means motor vehicle.

(37) "Vehicle emissions inspection station" means a facility operated by the contractor and approved by the Administration to conduct emissions inspections pursuant to this chapter.

(38) "Vehicle emissions inspection program customer service representative" means an employee of the Administration or the contractor who is assigned to a vehicle emissions inspection station and who is responsible for processing waiver applications, issuing waivers, and resolving technical issues and differences.

(39) "Waiver certificate" means a certificate which indicates that a vehicle has met the waiver provisions set forth in Regulation .06 of this chapter.

(40) "Zero-emission vehicle" has the meaning stated in Transportation Article, §23-206.4, Annotated Code of Maryland.