2006 Code of Virginia § 46.2-1176 - Definitions

46.2-1176. Definitions.

The following words and phrases when used in this article shall have thefollowing meanings except where the context clearly indicates a differentmeaning:

"Basic, test and repair program" means a motor vehicle emissions inspectionsystem established by regulations of the Board which shall designate the useof a BAR-90, designed so it may be upgraded in the future to an ASM 50-15(acceleration simulation mode or method), as the only authorized testingequipment. Only those computer software programs and emissions testingprocedures necessary to comply with the applicable provisions of Title I ofthe Clean Air Act shall be included. Such testing equipment shall beapprovable for motor vehicle manufacturers' warranty repairs.

"Board" means the State Air Pollution Control Board.

"Certificate of emissions inspection" means a document, device, or symbol,prescribed by the Director and issued pursuant to this article, whichindicates that (i) a motor vehicle has satisfactorily complied with theemissions standards and passed the emissions inspection provided for in thisarticle; (ii) the requirement of compliance with such emissions standards hasbeen waived; or (iii) the motor vehicle has failed such emissions inspection.

"Director" means the Director of the Department of Environmental Quality.

"Emissions inspection station" means any facility or portion of a facilitythat has obtained an emissions inspection station permit from the Directorauthorizing the facility to perform emissions inspections in accordance withthis article.

"Enhanced emissions inspection program" means a motor vehicle emissionsinspection system established by regulations of the Board that shalldesignate the use of the ASM 50-15 (acceleration simulation mode or method)as the only authorized testing equipment. Only those computer softwareprograms and emissions testing procedures necessary to comply with applicableprovisions of Title I of the Clean Air Act shall be included. Such testingequipment shall be approvable for motor vehicle manufacturers' warrantyrepairs.

"Fleet emissions inspection station" means any inspection facility operatedunder a permit issued to a qualified fleet owner or lessee as determined bythe Director.

"Motor vehicle" means any vehicle that:

1. Is designed for the transportation of persons or property; and

2. Is powered by an internal combustion engine.

"On-road testing" means tests of motor vehicle emissions or emissionscontrol devices by means of roadside pullovers or remote sensing devices.

"Qualified hybrid motor vehicle" means a motor vehicle that (i) meets orexceeds all applicable regulatory requirements, (ii) meets or exceeds theapplicable federal motor vehicle emissions standards for gasoline-poweredpassenger cars, and (iii) can draw propulsion energy both from gasoline ordiesel fuel and a rechargeable energy storage system.

"Referee station" means an inspection facility operated or used by theDepartment of Environmental Quality (i) to determine program effectiveness,(ii) to resolve emissions inspection conflicts between motor vehicle ownersand emissions inspection stations, and (iii) to provide such other technicalsupport and information, as appropriate, to emissions inspection stations andvehicle owners.

"Remote sensing" means the measurement of motor vehicle emissions throughelectronic or light-sensing equipment from a remote location such as theroadside. Remote sensing equipment may include devices to detect and recordthe vehicle's registration or other identification numbers.

"Test and repair" means motor vehicle emissions inspection facilities thatperform official motor vehicle emissions inspections and may also performvehicle repairs. No regulation of the Board pertaining to test and repairshall bar inspection facilities from also performing vehicle repairs.

(1980, c. 469, 46.1-326.2; 1982, c. 92; 1984, c. 256; 1988, cc. 81, 806;1989, c. 727; 1993, cc. 995, 998; 1993, Sp. Sess., c. 2; 1994, c. 838; 1995,cc. 836, 851; 2000, c. 311; 2002, c. 710; 2004, c. 915.)