Tenn. Comp. R. & Regs. 1200-03-29-.02

Current through December 26, 2024

Section 1200-03-29-.02 - DEFINITIONS

As used in this Chapter, all terms not defined herein shall have the meaning given them in Chapter 1200-3-2:

(1) Air Pollution is any particulate matter or any gas or vapor other than water or any combination thereof including any physical, chemical, biological, radioactive substance or matter which is emitted into or otherwise enters the ambient air.

(2) Antique motor vehicle is any motor vehicle over twenty-five years old which is owned solely as a collectors' item and is used for participation in club activities, exhibits, tours, parades and similar uses, but in no event for general transportation.

(3) Carbon dioxide is a compound consisting of the chemical formula (CO₂).

(4) Carbon monoxide is a compound consisting of the chemical formula (CO).

(5) Catalytic converter is a pollution control device containing a catalyst for converting automobile exhaust into mostly harmless products.

(6) Centralized Network means that motor vehicle inspections are conducted by the State and/or a single contractor in an area.

(7) Certificate of Compliance is a certification issued by a Department vehicle inspector or a fleet vehicle inspector that the motor vehicle identified on the certificate complies with the emission performance and anti-tampering criteria appropriate to the vehicle as specified in this regulation.

(8) Check Engine Light: for the definition see Malfunction Indicator Light (MIL).

(9) Contractor is a person (as defined in 1200-3-2) with whom the Department has a contract that provides for the operation of one or more Official Inspection Stations.

(10) Department means the Tennessee Department of Environment and Conservation, Division of Air Pollution Control.

(11) Department Vehicle Inspector is any person employed by the Tennessee Division of Air Pollution Control and/or contractor who is designated by the Technical Secretary as qualified to perform vehicle emissions performance and anti-tampering inspections.

(12) Diagnostic Trouble Codes (DTCs) is an alphanumeric code which is set in a vehicle's onboard computer when a monitor detects a condition likely to lead to (or has already produced) a component or system failure or otherwise contribute to exceeding emissions standards by 1.5 times the certification FTP standard.

(13) Diesel powered motor vehicle is a motor vehicle powered by a compression-ignition internal combustion engine.

(14) Electric powered motor vehicle is a motor vehicle which uses a propulsive unit powered exclusively by electricity.

(15) Exhaust emissions are substances emitted into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.

(16) Exhaust gas analyzer is a device for sensing the amount of air pollutants, including carbon monoxide and hydrocarbons, in the exhaust emissions of a motor vehicle. For the purpose of this regulation, this shall mean analyzing devices of the nondispersive infrared type or any other analyzing devices that provide equal or greater accuracy as approved by the Technical Secretary.

(17) Factory-Installed Motor Vehicle Pollutant Control System is a motor vehicle pollution control system installed by the vehicle or engine manufacturer to comply with the United States government motor vehicles emission control laws and regulations.

(18) Federal Test Procedure (FTP) is the test procedure used to determine the compliance of vehicles with federal emission standards.

(19) Fleet means 50 or more light-duty motor vehicles owned by the same person or business entity which are in-use, registered in any county that has been designated by the Board to have a motor vehicle inspection and maintenance program in order to attain and maintain compliance with national ambient air quality standards within any area of Tennessee or an adjoining state and not owned or held primarily for the purpose of resale.

(20) Fleet Inspection Location is any motor vehicle inspection facility operated by a fleet operator holding a valid fleet inspection permit.

(21) Fleet Inspection Permit is a certificate issued by the Technical Secretary authorizing a fleet operator to conduct motor vehicle inspections in accordance with this regulation and other requirements as determined by the Department.

(22) Fleet Operator is the person owning a group of motor vehicles which constitute a fleet as defined in this regulation.

(23) Fleet Vehicle Inspector is any person retained by a fleet operator holding a valid fleet inspection permit and who is certified by the Technical Secretary as qualified to perform vehicle emissions performance and anti-tampering inspections.

(24) Fuel inlet restrictor is the leaded fuel nozzle restrictor installed on motor vehicles which was designed for the use of unleaded gasoline only.

(25) Gasoline powered motor vehicle is any motor vehicle powered by spark-ignition internal combustion engine.

(26) Gross Vehicle Weight Rating (GVWR) is a term defining the gross vehicle weight as determined from the combined manufacturer vehicle and maximum load rating.

(27) Heavy-duty motor vehicle is any motor vehicle having a combined manufacturer vehicle and maximum load rating (GVWR) to be carried thereon in excess of 10,500 pounds (4,773 kilograms).

(28) Hydrocarbon is any organic compound consisting predominantly of carbon and hydrogen.

(29) Idle speed means the unloaded engine speed of a motor vehicle when the accelerator pedal is fully released. In a vehicle equipped with an automatic transmission, this is with the drive selector in neutral or park. In a vehicle equipped with a manual transmission, this is with the gear selector in neutral and the clutch fully engaged. In all vehicles, the engine operated accessories shall be turned off.

(30) Internal combustion engine is any engine in which the combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders, or any engine with one or more combustion chambers.

(31) Light-duty motor vehicle is any motor vehicle having a combined manufacturer vehicle and maximum load rating (GVWR) to be carried thereon of 10,500 pounds (4,773 kilograms) or less.

(32) Malfunction Indicator Light (MIL) is known as the Check Engine light. The Malfunction Indicator Light is illuminated on the dashboard when conditions exist likely to result in emissions exceeding FTP standards by 1.5 time or worse. Alternatives include "Service Engine Soon," as well as an unlabeled icon of an engine.

(33) Manufacturers Idle-speed Specification is the engine idle speed specified for a particular motor vehicle as printed on the engine compartment emissions system data plate or in the owners manual.

(34) Model Year means the annual production period of new motor vehicles or new motor vehicle engines designated by the calendar year in which such production ends. If the manufacturer does not designate a production period, the year with respect to such vehicle or engines shall mean the twelve (12) month period beginning January of the year in which production thereof begins. The model year for a motor vehicle constructed by other than the original manufacturer shall be assigned by the Technical Secretary.

(35) Motor vehicle is any self-propelled vehicle used for transporting persons or commodities on public roads.

(36) Motor Vehicle Regulatory License is the annual motor vehicle license required as a condition for legal operation of certain classes of motor vehicles.

(37) Motorcycle is any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and having a curb weight of 2000 pounds (907 kilograms) or less.

(38) New motor vehicle is any motor vehicle that has never been previously titled or registered in this or any other jurisdiction and whose ownership document remains as a manufacturer's certificate of origin.

(39) Official Inspection Station means a facility operated by the Department and/or contractor to conduct test only vehicle inspections pursuant to this regulation, in a Centralized Network.

(40) Onboard Diagnostics (OBD) is a system of vehicle component and condition monitors controlled by a central, onboard computer designed to signal the motorist when conditions exist which could lead to a vehicle's exceeding its certification standards by 1.5 times the FTP standard.

(41) OBD Data Link Connector (DLC) serves as an interface between a vehicle's OBD computer and the OBD scanner and is usually located under the dashboard on the driver's side. Connecting an OBD scanner to the DLC allows inspectors and vehicle repair technicians to read the readiness status of vehicle's onboard monitors as well as any diagnostic trouble codes.

(42) Pollution Control Device is the equipment designed by the manufacturer for installation on a motor vehicle for the purpose of reducing pollutants emitted from the vehicle, or a system or engine modification on a motor vehicle which causes a reduction of pollutants emitted from the motor vehicle.

(43) Readiness codes are status flags stored by a vehicle's onboard computer which is different from the DTC in that it does not indicate a vehicle fault, but rather whether or not a given monitor has been run (i.e. whether or not the component or system in question has been checked to determine if it is functioning properly).

(44) RPM is a term describing the engine crankshaft revolutions per minute.

(45) Tampering means to remove, render inoperative, cause to be removed, or make less operative any emission control device, unless such removal or act to render inoperative or less operative is for the purpose of motor vehicle disposal or salvage operation.

(46) Technical Secretary is the Technical Secretary of the Air Pollution Control Board of the State of Tennessee or his designated representative.

(47) Vehicle Exhaust System means all devices, equipment and systems which transport exhaust emissions from the exhaust ports of the motor vehicle engine to the atmosphere.

(48) Wheel Tax is the annual commercial vehicle tax required as a condition for the legal operation of certain classes of motor vehicles.

(49) Opacity is the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

(50) Low-speed vehicle means a four-wheeled vehicle manufactured as a non-road vehicle with a gross vehicle weight of less than 3,000 pounds, capable of twenty miles per hour (20 mph) but not capable of exceeding twenty-five miles per hour (25 mph) on a paved level surface.

(51) Medium-speed vehicle means any four-wheeled vehicle manufactured as a non-road vehicle with a gross vehicle weight of less than 3,000 pounds, capable of thirty miles per hour ( 30 mph) but not capable of exceeding thirty-five miles per hour (35 mph) on a paved level surface.

Tenn. Comp. R. & Regs. 1200-03-29-.02

Original rule filed February 14, 1994; effective April 30, 1994. Stay of effective date filed April 15, 1994; effective June 14, 1994. Amendment filed July 18, 2001; effective October 1, 2001. Amendment filed September 19, 2001; effective December 3, 2001. Repeal and new rule filed September 28, 2004; effective December 12, 2004. Amendment filed November 9, 2010; effective February 7, 2011.

Authority: T.C.A. §§ 68-201-101 et. seq., 68-201-105 and 4-5-201 et. seq.