Ga. Comp. R. & Regs. 391-3-20-.01

Current through Rules and Regulations filed through November 21, 2024
Rule 391-3-20-.01 - Definitions

The following terms as used in these rules shall have the meaning hereinafter respectively ascribed, except that to the extent terms are not defined in these rules, the Act's definitions control; and provided that definitions within any subsequent rule or subdivision thereof, which are expressly made applicable to the rule or subdivision within which they appear, shall apply for purposes of such specific rule or subdivision thereof.

(a) "Act" means O.C.G.A. § 12-9-40 et seq., as amended, "The Georgia Motor Vehicle Emission Inspection and Maintenance Act."
(b) "Biometrics" means the automated recognition of individuals by means of unique physical characteristics, typically for the purposes of security. For Georgia's Clean Air Force inspectors, biometric finger vein readers are used for biometric logins.
(c) "Calibration" means, in the case of the Georgia Analyzer System (GAS), the process of establishing or verifying that the test values of the GAS emissions bench are accurate by using the applicable calibration gases.
(d) "Certificate" means the license issued by the Director to a person authorizing him or her to perform emission inspections in accordance with the requirements of the Act and this Chapter.
(e) "Certificate of Authorization" means a certificate issued by the Director to each establishment or location designated as an official emission inspection station.
(f) "Certificate of Emissions 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 the Act and this Chapter. Such certificates will be furnished to official emission inspection stations by EPD 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 the Act and this Chapter.
(g) "DLC" means the data or diagnostic link connector for a vehicle's on-board diagnostic system.
(h) "Dedicated data transmission line" means a unique communication line identifiable by a transmitted digital identification number which allows the Vehicle Information Database or (VID) to identify the Georgia Analyzer System (GAS) unit communicating with the VID.
(i) "Department" means the Department of Natural Resources.
(j) "Diagnostic Trouble Codes (DTC)" means that for vehicles equipped with on-board diagnostic (OBD) computer systems, a five digit code that is associated with a specific test of the OBD system.
(k) "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources.
(l) "E-Certs" means blank Electronic Certificates of Emission Inspection that are pre-purchased by official emissions inspection stations for the purpose of performing emission inspections.
(m) "Emission Inspection" means all tests and inspections required by the Act and this Chapter, including an on-board diagnostic system check, a fuel cap verification, a tampering inspection, and an exhaust emissions test where applicable.
(n) "Emissions Inspector Certification Training Program Manual", means the manual supplied to inspectors during their initial and re-certification classes; the most current version of this manual is available on the Georgia's Clean Air Force website at www.cleanairforce.com.
(o) "Emission Recall Compliance Check" means determining whether a recall campaign has been issued by the original equipment manufacturer of a vehicle.
(p) "E-VIN" means the Electronic Vehicle Identification Number embedded in the OBD computer system on 1996 and later model year vehicles.
(q) "EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources.
(r) "Exhaust Emission Test" means the determination of the amount of specified gases in a vehicle's exhaust by use of the 2-speed idle (TSI) test.
(s) "Fleet Vehicle" means a motor vehicle owned or leased by a person engaged in a commercial activity, utility service, or government service; or a motor vehicle offered for sale, rent, or lease at a business which is licensed to sell, rent, or lease motor vehicles.
(t) "Fuel Cap Verification" means the determination of the required presence of the fuel cap(s), per vehicle manufacturer design.
(u) "Gas Calibration" means the calibration of the Georgia Analyzer System (GAS) by the use of a manufactured calibration gas.
(v) "Georgia Analyzer System" (GAS) means the test systems approved by EPD for use in performing emission inspections in Georgia in accordance with the Act and this Chapter.
(w) "Georgia Analyzer System Hardware and Software Specifications" (GAS Specs) means the Georgia Analyzer System Hardware and Software Specifications, Phase V, August 31, 2016, which contains the hardware and software requirements for a GAS.
(x) "Georgia's Clean Air Force" (GCAF) means the partnership between EPD and the Management Contractor to implement Georgia's Inspection and Maintenance Program (I/M Program).
(y) "GVWR" means the gross vehicle weight rating, i.e., the weight of the vehicle and contents when loaded to its maximum capacity, as established by the vehicle manufacturer.
(z) "Hot Rod" means a vehicle in which the original engine has been replaced with an engine from another manufacturer, or with a different type of engine from the same manufacturer which was never installed in that model vehicle. For the purposes of this definition, a different type of engine will include engines with a different number of cylinders from any engine which was originally installed in that make of vehicle. It will not include engines of the same family, e.g., Chevrolet V8s of 283, 305, 327, 350 and 400 cubic inch displacement, nor will it include engines different from the original, but which were also installed in that make of vehicle, e.g., gasoline for diesel engine swaps in General Motors or Volkswagen vehicles, or V8 for V6 swaps where both engines were installed in that model vehicle by the manufacturer for retail sale.
(aa) "Idle RPM" means for vehicles equipped with a manual transmission, the manufacturer's recommended engine speed with the transmission in neutral or with the clutch disengaged. For vehicles equipped with an automatic transmission, idle revolutions per minute (RPM) means the manufacturer's recommended engine speed with the transmission in neutral or park.
(bb) "Inspection Term" means the period of time a certificate of emission inspection shall be considered valid. The specific period of an inspection term is established in this Chapter.
(cc) "Inspector" means a person certified by the Director to perform emission inspections in accordance with the requirements of the Act and this Chapter.
(dd) "Kit Car" means a motor vehicle which does not utilize a chassis from a vehicle certified by the manufacturer to meet emission control standards or for which the original manufacturer's identification has been eliminated due to the replacement of the vehicle's body with one of a different make and/or style.
(ee) "Light Duty Truck" means any motor vehicle with a GVWR of 8,500 pounds or less which has a vehicle curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12 persons, or
3. Available with special features enabling off-street or off-highway operation and use.
(ff) "Light Duty Vehicle" means a passenger car or passenger car derivative, capable of seating 12 passengers or less with a GVWR of 8,500 pounds or less.
(gg) "Management Contractor" means the person, corporation or entity under contract to design and operate the data management system and to perform other functions for the I/M Program.
(hh) "Malfunction Indicator Light (MIL)" means a light on the dashboard of OBD equipped vehicles that notifies the driver that an emission related fault has been detected and the vehicle should be repaired as soon as possible.
(ii) "Non-conforming Vehicle" means a covered vehicle that has not obtained an EPA certification or has an emissions control component that is obsolete according to the manufacturer; such a vehicle would be subject to an alternative tail pipe emissions standard based upon its model year to obtain a vehicle registration in the Georgia covered counties.
(jj) "On-Board Diagnostic (OBD) System" means a computer system installed on 1996 or later model year vehicles as required by Section 202(m) of the Clean Air Act (42 U.S.C. 7521) which is designed to identify engine or primary emission control component problems which cause excess emissions.
(kk) "On-Board Diagnostic (OBD) System Check" means the determination of readiness codes and diagnostic trouble codes stored within the memory of the on-board diagnostic system.
(ll) "Primary Emission Control Component" means the catalytic converter, air injection system, exhaust gas recirculation system or other major component, as determined by the Director, which is installed on a vehicle primarily for the purpose of emission control.
(mm) "Public Vehicle" means a motor vehicle that is not a fleet vehicle.
(nn) "Recognized Repair Technician" means any person professionally engaged in vehicle repair, employed by an ongoing business whose purpose is vehicle repair or possessing a nationally recognized certification for vehicle emission related diagnosis and repair.
(oo) "Responsible Motor Vehicle" means any motor vehicle defined as a light duty vehicle or a light duty truck, excluding any motor vehicle exempted from the Act and this Chapter such as vehicles not in a Covered County as defined in 391-3-20-.02.
(pp) "Revolutions per Minute" (RPM) means the number of times the crankshaft of an engine makes a complete 360 degree turn in one minute (60 seconds).
(qq) "State-Certified Emissions Inspection Station" means a facility that has met all the qualifications of this Act and this Chapter and is certified by the Director.
(rr) "Station Owner" means the individual, partnership, firm, corporation, association, municipality, governmental agency, lessee, or other entity having ownership of or control of the daily operation of an inspection station.
(ss) "Tampering Inspection" means the determination of whether the catalytic converter(s) as installed by the original manufacturer has been removed from the vehicle or modified.
(tt) "Time Extension" means any time extension as defined in section "Extensions and Reciprocal Inspections" of these rules and issued by EPD, the Management Contractor or an authorized agent of EPD to the owner of a responsible motor vehicle certifying that such owner and vehicle have met the requirements in the Act and this Chapter for extending the time to comply with the emission inspection requirement.
(uu) "Vehicle" means a motor vehicle.
(vv) "Vehicle Information Database" (VID) means the data collection and management system for Georgia's I/M Program that contains current and historical program data. The VID is comprised of data collection tables, including the table of inspection records. The term "VID" is used to refer to the VID as a whole or to any part, e.g., Enforcement database, Audit database, Emission Inspections database, and Waiver database.
(ww) "Waiver" means the official form issued by EPD, the Management Contractor or an authorized agent of EPD to the owner of a responsible motor vehicle certifying that such owner and vehicle have met the requirements in the Act and this Chapter for obtaining a waiver of the emission inspection requirement.
(xx) "2-speed idle (TSI) test" means an exhaust emission test where the vehicle under test is run at an idle revolutions per minute (RPM) speed and a higher RPM speed as defined in the GAS Specs.

Ga. Comp. R. & Regs. R. 391-3-20-.01

O.C.G.A. § 12-9-40, et seq., as amended.

Original Rule entitled "Definitions" adopted. F. Nov. 1, 1993; eff. Nov. 21, 1993.
Amended: F. May 24, 1994; eff. June 13, 1994.
Amended: F. Aug. 31, 1994; eff. Sept. 20, 1994.
Repealed: New Rule of same title adopted. F. Aug. 28, 1995; eff. Sept. 17, 1995.
Amended: ER. 391-3-20-0.33-.01 adopted. F. June 4, 1996; eff. May 29, 1996, the date of adoption.
Amended: Permanent Rule adopted. F. Aug. 26, 1996; eff. Sept. 15, 1996.
Amended: F. June 3, 1997; eff. June 23, 1997.
Amended: ER. 391-3-20-0.38-.01 adopted. F. Dec. 5, 1997; eff. Dec. 3, 1997, the date of adoption.
Amended: F. Dec. 5, 1997; eff. Dec. 25, 1997.
Amended: F. Mar. 27, 1998; eff. Apr. 16, 1998.
Amended: F. Oct. 23, 1998; eff. Nov. 12, 1998.
Amended: F. June 18, 1999; eff. July 8, 1999.
Amended: F. Sept. 17, 1999; eff. Oct. 7, 1999.
Amended: F. Dec. 8, 2000; eff. Dec. 28, 2000.
Amended: F. June 28, 2001; eff. July 18, 2001.
Amended: F. Dec. 6, 2001; eff. Dec. 26, 2001.
Amended: F. Dec. 5, 2003; eff. Dec. 25, 2003.
Amended: F. Dec. 20, 2004; eff. Jan. 9, 2005.
Amended: F. Dec. 21, 2006; eff. Jan. 10, 2007.
Amended: F. May 30, 2014; eff. June 19, 2014.
Amended: F. Nov. 2, 2016; eff. Nov. 22, 2016.
Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.
Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019.
Amended: F. Mar. 24, 2021; eff. Apr. 13, 2021.
Amended: F. Mar. 30, 2022; eff. Apr. 19, 2022.
Amended: F. Mar. 1, 2023; eff. Mar. 21, 2023.
Amended: F. Feb. 6, 2024; eff. Feb. 26, 2024.