Title 12, Chapter 9, Section 43
As used in this article, the term:
(1) "Board" means the Board of Natural Resources.
(2) "Certificate of authorization" means a certificate issued by
the Department of Natural Resources to each establishment or
location designated as an official emission inspection station.
(3) "Certificate of emission inspection" means an official
certificate that exhaust emissions, evaporative emissions,
emission control equipment, and on-board diagnostic equipment have
been inspected and approved in accordance with this article and
the rules and regulations promulgated pursuant to this article.
Such certificates will be furnished to official emission
inspection stations by the department to be completed and issued
by such stations to the owner or operator of a responsible motor
vehicle upon inspection and approval certifying that such
responsible motor vehicle has been inspected and complies with the
inspection and maintenance required by this article.
(4) "Commissioner" means the commissioner of natural resources.
(5) "Department" means the Department of Natural Resources.
(6) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources.
(7) "Emission inspection station" means a motor vehicle
dealership, garage, service station, or other establishment
designated or operated by the department and which has been issued
by the director a certificate of authorization as an emission
inspection station authorized to carry out the emission
inspections required by this article.
(8) "Emission inspection sticker" means a sticker issued in
conjunction with a certificate of emission inspection to be
displayed on the responsible motor vehicle.
(9) "Exhaust emission" means:
(A) The act of releasing hydrocarbons, nitrogen oxides, or
carbon monoxide into the atmosphere by means of a motor vehicle
exhaust system; or
(B) The material so passed into the atmosphere.
(10) "Evaporative emission" means:
(A) The act of releasing hydrocarbons into the atmosphere by
means of evaporation from a motor vehicle; or
(B) The material so passed into the atmosphere.
(11) "Federal Clean Air Act" means 42 U.S.C. Section 7401, et
seq., as amended.
(12) "Highway" means any road or way publicly maintained and open
for use by the public for vehicular traffic.
(13) "Hydrocarbons" means any compound containing carbon and
(14) "Inspection term" means the period of time a certificate of
emission inspection shall be considered valid. The specific
period of an inspection term shall be established by the rules and
regulations promulgated pursuant to this article; provided,
however, an inspection term shall be no less than 12 months.
(15) "Mechanic inspector" means a person approved and issued a
license by the department to perform the emission inspections
required by this article.
(16) "Model year" means the manufacturer's annual production
period, as determined by the director, provided that, if the
manufacturer has no annual production period, the term "model
year" shall mean the calendar year. The model year shall be
determined by the vehicle identification number appearing on the
(17) "Motor vehicle" means any contrivance propelled by power
other than muscular power, used for transportation of persons or
property on highways, and not operated exclusively upon tracks.
(18) "National Ambient Air Quality Standard" or "NAAQS" means
those allowable ambient air concentrations for pollutants,
including ozone and carbon monoxide, specified by the USEPA
pursuant to 42 U.S.C. Section 7401, et seq., as amended.
(19) "Nitrogen oxides" means any of the various compounds which
contain only nitrogen and oxygen.
(20) "Nonattainment area" means a geographic area designated by
the USEPA in the Code of Federal Regulations as an area which has
not attained or maintained the NAAQS for ozone or carbon monoxide
or both in accordance with the federal Clean Air Act, as amended.
(21) "Owner" means the registered owner or the individual
presenting the responsible motor vehicle for the emission
inspection required under this article.
(22) "Person" means any natural person or individual, corporation,
partnership, association, state or federal government, political
subdivision, agency, or instrumentality of the state or federal
government or any other entity.
(23) "Responsible motor vehicle" means any motor vehicle defined
by the USEPA and published in the Code of Federal Regulations as a
light duty vehicle or light duty truck, excluding any motor
vehicle exempted from this article by the rules and regulations
promulgated pursuant to this article; provided, however, that no
such exemption shall be granted to a motor vehicle unless such
exemption is in accordance with the federal Clean Air Act, as
(24) "USEPA" means the United States Environmental Protection