Ohio Admin. Code 3745-26-01 - Definitions
[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (MM)
(A) "Approved technician
trainer" means an individual who is certified as an automotive service
excellence (ASE) master technician, has at least ten years of experience in the
automotive industry and is approved by the director or the director's designee
to instruct technician training.
(B) "Certified inspector" means an individual
who has attended a required training course, successfully passed a written
examination approved by Ohio EPA and certified by the director to inspect motor
vehicles subject to this chapter.
(C) "Certified repair facility" means a site,
a building, structure, mobile operation, or combination thereof used by a
person, business, firm, corporation, or governmental entity certified by the
director in compliance with rule
3745-26-15
of the Administrative Code to conduct emission related repairs to gasoline and
diesel fueled vehicles for a repair waiver. The purpose of certifying a
facility is to acknowledge to the public that the facility is certified and
qualified to conduct emissions related repairs and not that the facility is
exclusive to make these repairs.
(D) "Certified waiver repair technician"
means an individual who has attended and completed required training,
successfully passed a required examination and has been certified by the
director in compliance with rule
3745-26-16
of the Administrative Code to complete emission related repairs subject to this
chapter.
(E) "Compliance" or
"comply" means a vehicle has passed all aspects and parameters of the
anti-tampering enhanced vehicle inspection and maintenance program, which is
required under this chapter. A compliance certificate will be issued to the
owner or lessee whose vehicle has successfully passed the inspection.
(F) "Contractor" means the entity selected
through competitive bidding procedures or through a request for proposal to
provide services to the Ohio environmental protection agency for operation of
the enhanced inspection and maintenance program. This contractor shall, in
part, operate, manage or oversee a system of inspection stations operated by
the contractor and subcontractor for the enhanced inspection and maintenance
program.
(G) "Designated program
area" includes any county currently or formerly classified as moderate,
serious, severe or extreme nonattainment for carbon monoxide or ozone in
accordance with the Clean Air Act and that is subject to an enhanced vehicle
inspection and maintenance program.
(H) "Director" means the director of the Ohio
environmental protection agency or the director's authorized
representative.
(I) "Engine
exchange" means any motor vehicle having an engine block installed that differs
from the original manufacturer's specification certified as meeting United
States environmental protection agency certification requirements.
(J) "Enhanced" means the vehicle inspection
program described in this chapter.
(K) "Exemption certificate" means the
official certificate, issued by the director, to a vehicle owner or lessee
whose vehicle may not require inspection as prescribed in rule
3745-26-12
of the Administrative Code or as determined by the director. An exemption
certificate shall serve the same purpose as the certificate to be presented to
the registrar of motor vehicles as required by section
4503.10
of the Revised Code.
(L) "Extension
certificate" means an official certificate issued by the director to a motor
vehicle owner or lessee for emergency or other purposes deemed by the director
to warrant an extension of the time to complete the vehicle emissions test of
that motor vehicle. An extension certificate shall serve the same purpose as
the certificate to be presented to the registrar of motor vehicles as required
by section
4503.10
of the Revised Code.
(M) "Foreign
imported gray market vehicle" means any vehicle of a type required to be
registered that is brought into this state from another country other than in
the ordinary course of business by or through a manufacturer or dealer as
defined in division (W) of section
4501.01
of the Revised Code.
(N)
"Government vehicle" means any vehicle as defined in section
4503.16
of the Revised Code.
(O) "Gross
vehicle weight rating" means weight of vehicle plus the load the vehicle is
capable of carrying as stated on the manufacturer's door plate.
(P) "Inspection certificate" means the
portion of the vehicle inspection report that is issued to each vehicle owner
or lessee at the time of an inspection. An inspection certificate indicating
compliance is to be presented to the registrar as required by division (B) of
section
4503.10
of the Revised Code.
(Q)
"Inspection Procedures Manual" or "manual" means the book containing the most
recent official document approved by the director detailing the guidelines and
repair requirements to be used in the anti-tampering or tailpipe emissions
inspection. Each inspection station shall keep an updated manual on the
premises at all times.
(R)
"Inspection station" means any station or facility, leased or owned, and
operated by the contractor or subcontractor approved by the director to conduct
anti-tampering inspections and emission inspections of motor vehicles and
authorized to issue an inspection certificate or any other program related
certificates.
(S) "Lessee" means
any person not having title to a motor vehicle, but granted legal authority by
the title holder to possess the vehicle.
(T) "Low income" means household income,
during the past twelve month period, of not more than one hundred fifty per
cent of the latest available poverty threshold level established by the U.S.
department of health and human services, for the forty-eight contiguous
states.
(U) "Low-speed vehicle"
means a three or four-wheeled motor vehicle with an attainable speed in one
mile on a paved level surface of more than twenty miles per hour but not more
than twenty-five miles per hour and with a gross vehicle weight rating less
than three thousand pounds.
(V)
"Mini-truck" means a vehicle that has four wheels, is propelled by an electric
motor or an internal combustion engine with a piston displacement capacity of
six hundred sixty cubic centimeters or less, has a total dry weight of nine
hundred to two thousand two hundred pounds, contains an enclosed cabin and a
seat for the vehicle operator, resembles a pickup truck or van with a cargo
area or bed located at the rear of the vehicle, and was not originally
manufactured to meet federal motor vehicle safety standards.
(W) "Motor vehicle" or "vehicle" has the
meaning as defined in division (B) of section
4501.01
of the Revised Code.
(X)
"Multi-fueled vehicle" means any vehicle originally manufactured, designed, or
converted from its original manufacturer's specification to utilize more than
one fuel type, one of which is gasoline.
(Y) "Nonattainment area" means an area that
has not achieved the national ambient air quality standards and that is
required to undergo certain air pollution control strategies pursuant to the
Clean Air Act.
(Z) "Ohio E Check"
is the enhanced motor vehicle inspection and maintenance program designated and
implemented in accordance with section
3704.14
of the Revised Code in the counties that are necessary and federally mandated
for the state to comply with the Clean Air Act.
(AA) "Opt-in enhanced" means an enhanced
vehicle inspection and maintenance program selected by a moderate ozone or
carbon monoxide nonattainment area as described in rules
3745-26-10,
3745-26-12,
3745-26-13
and
3745-26-14
of the Administrative Code.
(BB)
"Owner" means any person other than a manufacturer or dealer having title to a
motor vehicle.
(CC) "Person" means
the state, any political subdivision, public or private corporation,
partnership, firm, association, individual, organization or other
entity.
(DD) "Queuing area" means
the space allocated in each lane at each inspection station where vehicles wait
for testing.
(EE) "Repair facility"
means a site, a building, structure, mobile operation or combination thereof
used by a person, business, corporation, or government entity to conduct, as a
business with a vendors license, or corporation, or government maintenance
operation, emission related repairs to gasoline and diesel fueled vehicles for
a repair waiver. The director reserves the right to take into consideration
other additional factors in the application of this paragraph.
(FF) "Repair waiver" means obtaining a repair
waiver certificate in accordance with rule
3745-26-12
of the Administrative Code in lieu of passing an emissions test in order to
meet compliance with the appropriate model year emission standards. A repair
waiver is valid for the period of time specified in paragraph (E)(3) of rule
3745-26-12
of the Administrative Code.
(GG)
"Repair waiver certificate" means the official certificate issued to a vehicle
owner or lessee whose vehicle has not met compliance with the emissions
standards but has met all requirements for a waiver as prescribed in rule
3745-26-12
of the Administrative Code. A waiver certificate shall serve the same purpose
as the compliance certificate to be presented to the registrar of motor
vehicles as required by section
4503.10
of the Revised Code.
(HH) "Rural"
means an area that does not have defined boundaries, is more sparsely populated
or consists of low population density, usually used for mostly farming and
agriculture.
(II) "Subcontractor"
means a person or business that contracts with the contractor to provide
vehicle emissions testing or other services necessary for the performance of
the vehicle inspection and maintenance program or vehicle emissions testing
program.
(JJ) "Test center" means
any inspection station operated by a contractor where emission inspections and
reinspections are performed.
(KK)
"Under-speed vehicle" means a three or four-wheeled vehicle, including a
vehicle commonly known as a golf cart, with an attainable speed on a paved
level surface of not more than twenty miles per hour and with a gross vehicle
weight rating less than three thousand pounds.
(LL) "Urban" means a metro statistical area
that has a defined boundary and is characterized as having a high population
density similar to that of a city, town or municipality, or a region consisting
of several metropolitan areas having contiguous boundaries.
(MM) "Utility vehicle" means a self-propelled
vehicle designed with a bed, principally for the purpose of transporting
material or cargo in connection with construction, agricultural, forestry,
grounds maintenance, lawn and garden, materials handling, or similar
activities. The vehicle has an attainable speed in one mile on a paved level
surface of more than twenty miles per hour but not more than twenty-five miles
per hour.
(NN) "Vehicle
identification number" or "VIN" means the manufacturer's original serial number
affixed to or imprinted upon the chassis or other part of the motor
vehicle.
(OO) "Vehicle inspection
report" or "VIR" means the official inspection form narrative presented to each
vehicle owner or lessee at the time of an inspection. It indicates levels of
hydrocarbons, carbon monoxide and nitrous oxides detected from the tailpipe
emissions test, or the diagnostic trouble codes from the on board diagnostic
test, an anti-tampering inspection and indicates whether the vehicle has passed
or failed the different sections of the inspection. The vehicle inspection
report contains a detachable inspection certificate that is to be presented to
the registrar of motor vehicles as required by division (B) of section
4503.10
of the Revised Code.
(PP) "Waiver
limit" means the minimum dollar amount required to be spent for motor vehicle
emission related repair and diagnostic fees, by each owner or lessee whose
vehicle fails the enhanced test in order for said owner or lessee to be
eligible for a repair waiver as prescribed in paragraphs (E)(1) and (E)(2) of
rule
3745-26-12
of the Administrative Code. For any vehicle registered in a county that is
subject to an enhanced inspection program, "waiver limit" means at least two
hundred dollars for a 1995 vehicle or earlier model year or three hundred
dollars for a 1996 vehicle or more recent model year, except that for any
county classified as serious, severe, or extreme nonattainment that is subject
to an enhanced vehicle inspection and maintenance program, "waiver limit" means
more than four hundred fifty dollars for any vehicle.
(QQ) Referenced materials. This chapter
includes references to certain subject matter or materials. The text of the
referenced materials is not included in the rules contained in this chapter.
Information on the availability of the referenced materials as well as the date
of and the particular edition or version of the material is included in this
rule. For materials subject to change, only the specific version specified in
this rule are incorporated or referenced. Material is referenced as it exists
on the effective date of this rule. Except for subsequent annual publication of
existing (unmodified) Code of Federal Regulation compilations, any amendment or
revision to a referenced document is not referenced unless and until this rule
has been amended to specify the new dates.
(1)
Availability. The referenced materials are available as follows:
(a) ASE, the national institute for
automotive service excellence. Information can be obtained by writng to: "ASE,
101 Blue Seal Drive, S.E. Suite 101 Leesburg, VA 20175." Information can also
be obtained by calling 1-703-669-6600 or in electronic format at:
www.ase.com.
(b) Clean Air Act. Information and copies may
be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO
Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also
available in electronic format at www.epa.gov/oar/caa/text.htmlhttp://www.epa.gov/clean-air-act-overview/clean-air-act-text.
A copy of the act is also available for inspection and use at most public
libraries and "The State Library of Ohio."
(c) Code of Federal Regulations (CFR).
Information and copies may be obtained by writing to: "Superintendent of
Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
full text of the CFR is also available in electronic format at
http://www.ecfr.gov. The CFR
compilations are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(2) Referenced materials:
(a) 40 CFR Part 51; "Requirements for
preparation, adoption, and submittal of implementation plans"; as published in
the July 1, 2014
2020 Code of Federal Regulations.
(b)
40 CFR 51.356;
"Vehicle coverage"; as published in the July 1, 2014
2020 Code of
Federal Regulations.
(c)
40 CFR 51.359;
"Quality control"; as published in the July 1, 2014
2020 Code of
Federal Regulations.
(d)
40 CFR 51.363;
"Quality assurance"; as published in the July 1, 2014
2020 Code of
Federal Regulations.
(e)
40 CFR
51.367; "Inspector training and licensing or
certification"; as published in the July 1, 2014
2020 Code of
Federal Regulations.
(f)40 CFR 85,
Subpart V; "Emissions Control System Performance Warranty Regulations and
Voluntary Aftermarket Part Certification Program"; as published in the July 1,
2014
2020
Code of Federal Regulations.
(g)
Clean Air Act;
42 USC
7401 to
7671q;
"The Public Health and Welfare-Air Pollution Prevention and Control";
as published January
2, 2006 in Supplement V of
in the
2000
2018
edition of the United States Code; as amended
December 19, 2007,
Pub. L.
110-140 ,
sec
201 ,
202 ,
203 (f), 204, 208, 209,
210(a), 210(b), 210(c), 247, and 251, 121 Stat. 1519, 1521, 1529, 1531, 1532,
1547, and 1548.
(h)
Section 207 (B) of the Clean Air Act as contained in 42 USC section 7451;
"Compliance by vehicles and engines in actual use"; as published January 2,
2006 in Supplement V of
in the
2000
2018
edition of the United States Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.14
Rule Amplifies: 3704.14
Prior Effective Dates: 07/17/1987, 04/21/1989, 05/15/1990, 06/13/1994, 12/29/1995, 08/15/1996, 02/12/2015, 06/23/2017
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