7 Del. Admin. Code § 1140
2.3 The prohibitions contained in subsection 2.1 of this regulation shall not apply to vehicles that are:
The following words and terms, when used in this regulation or in the context of the California LEV and ACC program, shall have the following meanings:
“Air contaminant emission control system” means the equipment designed for installation on a motor vehicle or motor vehicle engine for the purpose of reducing the air contaminants emitted from the motor vehicle or motor vehicle engine or a system or engine modifications on a motor vehicle which causes a reduction of air contaminants emitted from the motor vehicle engine, including but not limited to exhaust control systems, fuel evaporative control systems and crankcase ventilating systems.
"ATPZEV" means advanced technology partial zero emission vehicle.
“Business” means an occupation, profession or trade; a person or partnership or corporation engaged in commerce, manufacturing, or a service; a profit-seeking enterprise or concern.
“California Air Resources Board” or “CARB” means the agency or its successor established and empowered to regulate sources of air pollution in the state of California, including motor vehicles, pursuant to Section 39003, California Health & Safety Code, as amended or supplemented.
“California-certified” (vehicle) means a vehicle having a valid Executive Order stating that the vehicle meets all applicable requirements under applicable sections of Title 13, CCR and approved for sale in California by CARB.
“California low emission vehicle program” means the low emission vehicle program being implemented in the state of California, pursuant to the provisions of the Clean Air Act and the California Code of Regulations.
“CCR” means the California Code of Regulations.
“Certificate of conformity” means that document issued by California Air Resources Board, or the United States Environmental Protection Agency.
“Clean Air Act or CAA” means the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended and supplemented.
“Dealer” means any person actively engaged in the business of offering to sell, soliciting or advertising the sale, buying, transferring, leasing, selling or exchanging new motor vehicles and who has an established place of business.
“Delivered for sale” means vehicles that have received a bill of lading for sale in Delaware and are shipped, or are in the process of being shipped to a dealer in Delaware.
“Department” means the Delaware Department of Natural Resources and Environmental Control.
“Emergency vehicle” means any publicly owned vehicle operated by a peace officer in the performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls and any publicly owned authorized emergency vehicle used by an emergency medical technician or paramedic or any ambulance used by a private entity under contract with a public agency.
“Emission Control Label” means a paper, plastic, metal or other permanent material, welded, riveted or otherwise permanently attached to an area within the engine compartment (if any), or to the engine, in such a way that it will be visible to the average person after installation of the engine in all new vehicles certified for sale in California, in accordance with Title 13, California Code of Regulations Section 1965.
"Emission credits" means credits earned when a manufacturer's reported fleet average is less than the required fleet average.
"Emission debits" means debits earned when a manufacturer's reported fleet average exceeds the required fleet average.
“Emission standards” mean specified limitations on the discharge of air contaminants into the atmosphere.
“Environmental Performance Label” means a paper or plastic decal securely affixed by the manufacturer to a window of all passenger cars, light-duty trucks, and medium-duty passenger vehicles which disclose the global warming and smog score for the vehicle in accordance with Title 13, CCR Section 1965.
“Executive Order” means a document issued by CARB certifying that a specified test group or model year vehicle has met all applicable requirements adopted by CARB pursuant to the applicable sections of Title 13, CCR for the control of specified air contaminants from motor vehicles and is thereby certified for sale in California.
“Federal Fuel Economy and Environmental Label” means a Federal Label that is affixed by the manufacturer to a window on all 2013 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles and would deem automobile manufacturers compliant with the federal Economy and Environmental Label published in 40 CFR Parts 85, 86 and 600 as promulgated on July 6, 2011 as compliant with the California Environmental Performance Label requirements. The label must disclose the smog and global warming scores for the vehicle in accordance with Title 13, CCR Section 1965 and the "California Motor Vehicle Emission Control, Smog Index, and Environmental Performance Label Specifications."
“Fleet Average Emission” means a vehicle manufacturer’s average vehicle emissions of all greenhouse gases, non-methane organic gases (NMOG), or NMOG plus oxides of nitrogen (NMOG + NOx), as applicable, from all new vehicles delivered for sale or lease in Delaware in any model-year.
“Greenhouse Gas” means any of the following gases: carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons.
“Greenhouse Gas Credit” means greenhouse gas credit.
“Greenhouse Gas Vehicle Test Group” means vehicles that have an identical test group, vehicle make and model, transmission class and driveline, aspiration method (e.g., naturally aspirated, turbocharged), camshaft configuration, valve train configuration, and inertia weight class.
“Gross vehicle weight rating or GVWR” means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.
“Heavy-duty Engine” means any engine used to propel a heavy-duty vehicle.
“Heavy-duty Vehicle” means a heavy-duty vehicle as defined at Title 13, CCR, Section 1900.
“Independent Low Volume Manufacturer” means a manufacturer that has been designated by CARB as an independent low volume manufacturer as defined at Title 13, CCR, Section 1900.
“Intermediate volume manufacturer” means a manufacturer that has been designated by CARB as an intermediate volume manufacturer as defined at Title 13, CCR, Section 1900.
“Large volume manufacturer” means a manufacturer that has been designated by the CARB as a large volume manufacturer as defined at Title 13, CCR, Section 1900.
“Light-duty truck” means any 2000 and subsequent model year motor vehicle certified to the standards in Title 13, CCR, Section 1961(a)(1), rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
“Loaded vehicle weight” means the vehicle curb weight plus 300 pounds.
“Manufacturer” means any independent low volume, small, intermediate or large volume vehicle manufacturer as defined at Title 13, CCR, Section 1900.
“Medium-duty passenger vehicle” means medium-duty passenger vehicle as defined at Title 13, CCR, Section 1900.
“Medium-duty vehicle” means medium-dutyvehicle as defined at Title 13, CCR, Section 1900.
“Military tactical vehicle” means all land combat and transportation vehicles, excluding rail-based, which are designed for or are in use by any of the United States armed forces.
“Model year” means, for each vehicle manufacturer the period which includes January 1 of the calendar year in which the model is first offered for sale and ends December 31 of the final calendar year of sale or, if the manufacturer has no annual production period, the calendar year. In case of any vehicle manufactured in 2 or more stages, the time of manufacture shall be the date of completion of the chassis.
“Motor vehicle engine” means an engine that is used to propel a motor vehicle.
“Motor vehicle” or “vehicle” means every device in, upon, or by which a person or property is or may be transported otherwise than by muscular power, excepting such devices as run only upon rails or tracks and motorized bicycles.
“New motor vehicle engine” means a new engine in a motor vehicle.
“New vehicle” means any vehicle with 7,500 miles or fewer on its odometer.
“NMOG + NOx Credit” means non-methane organic gas plus oxides of nitrogen credit.
“Non-methane organic gas” or “NMOG” means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.
“Passenger car” means any motor vehicle designed primarily for transportation of individuals and having a design capacity of 12 individuals or fewer.
“Person” means an individual, public or private corporation, company, partnership, firm, association, society or joint stock company, municipality, state, interstate body, or any Board, commission, employee, agent, officer or political subdivision of a state, an interstate body or the United States.
“Placed in service” means having been sold or leased to an end-user and not to a dealer or other distribution chain entity, and having been individually registered for on-road use by the Delaware Division of Motor Vehicles.
"PZEV" means partial zero emission vehicle.
"Qualifying Community-based Clean Mobility Program" means a program determined by the Department to qualify as a community-based clean mobility program pursuant to guidance issued by the Department of Natural Resources & Environmental Control. The Department must determine that a program qualifies as a community-based clean mobility program before a manufacturer may earn vehicle value pursuant to the requirements of Title 13, CCR, Section 1962.4.
“Recall” means: a manufacturer's issuing of notices directly to consumers that vehicles in their possession or control should be corrected; and/or a manufacturer's efforts to actively locate and correct vehicles in the possession or control of consumers.
“Recall Campaign” means that plan approved by the California Air Resources Board or the Department, by which the manufacturer will effect the recall of noncomplying vehicles.
“Sale” or “sell” means the transfer of equitable or legal title to a motor vehicle or motor vehicle engine to the ultimate purchaser.
“Secretary” means the Secretary of the Department.
“Small Volume Manufacturer” means a manufacturer that has been designated by the CARB as a small volume manufacturer as defined at Title 13, CCR, Section 1900.
“State” means the State of Delaware, unless otherwise specified.
“Test group” means a grouping of vehicles as defined by 40 CFR 86.1827-01, as supplemented or amended, and incorporated herein by reference.
“Test vehicle” means an experimental or prototype motor vehicle that appears to have very low emission characteristics, or a used motor vehicle within which an experimental motor vehicle pollution control device is installed, and which has also received a test vehicle or fleet permit from CARB.
"TZEV" means transitional zero emission vehicle.
“Ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person whom in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.
“USEPA” means the United States Environmental Protection Agency.
“Vehicle identification number” or “VIN” means a unique, 17 digit, alphanumeric code that the vehicle manufacturer assigns to a vehicle.
"ZEV" means any passenger car, light-duty truck, or medium-duty truck certified to the zero emission vehicle standards in Title 13 CCR § 1962, 1962.1, 1962.2, and 1962.4.
"ZEV credit bank" means a zero-emission vehicle credit bank set up by the CARB or the environment department that records and tracks the generation, verification, transfer, voluntary retirement, use, and invalidation of zero-emission vehicle credits.
Each model year and subsequent motor vehicle subject to subsection 2.1 of this regulation shall be California-certified.
5.1 No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, acquire, receive, purchase or rent a new vehicle that is a 2014 or subsequent model-year passenger car, light-duty truck, and medium-duty passenger vehicles, or medium-duty vehicle in Delaware unless the vehicle is California-certified and complies with the following criteria:
5.1.1 The exhaust emission standards, as applicable in Title 13, CCR Section including:
6.1 Each manufacturer shall meet the following fleet requirements for the new vehicles delivered for sale or lease in Delaware:
10.5 The following documents and sources of Title 13 of the California Code of Regulations (CCR) are incorporated by reference within this regulation:
Table 1
California Code of Regulations (CCR)
Title 13
Provisions Incorporated by Reference
| Title 13, CCR | Title | Section Amended Date |
| Chapter 1 Motor Vehicle Pollution Control Devices Article 1 General Provisions | ||
| Section 1900 | Definitions | As effective November 30, 2022 |
| Article 2 Approval of Motor Vehicle Pollution Control Devices (New Vehicles) | ||
| Section 1956.8(g) and (h) | Exhaust Emission Standards and Test Procedures – 1985 and Subsequent Model Heavy Duty Engines and Vehicles | As effective July 25, 2016 |
| Section 1960.1 | Exhaust Emission Standards and Test Procedures – 1981 and through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles | As effective December 31, 2012 |
| Section 1961 | Exhaust Emission Standards and Test Procedures – 2004 through 2019 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles | As effective December 31, 2012 |
| Section 1961.1 | Greenhouse Gas Exhaust Emission Standards and Test Procedures – 2009 through 2016 Model Passenger Cars and Light-Duty Trucks, and Medium-Duty Vehicles | As effective August 7, 2012 |
| Section 1961.2 | Exhaust Emission Standards and Test Procedures – 2015 through 2025 Model Passenger Cars, and Light-Duty Trucks, and 2015 through 2028 Model Year Medium-Duty Vehicles | As effective November 30, 2022 |
| Section 1961.3 | Greenhouse Gas Exhaust Emission Standards and Test Procedures – 2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles | As effective November 30, 2022 |
| Section 1961.4 | Exhaust Emission Standards and Test Procedures - 2026 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles | As effective November 30, 2022 |
| Section 1962.2 | Zero-Emission Vehicle Standards for 2018 through 2025 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles | As effective November 30, 2022 |
| Section 1962.3 | Electric Vehicle Charging Requirements | As effective November 30, 2022 |
| Section 1962.4 | Zero-Emission Vehicle Requirements for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks | As effective November 30, 2022 |
| Section 1962.5 | Data Standardization Requirements for 2026 and Subsequent Model Year Light-Duty Zero Emission Vehicles and Plug-in Hybrid Electric Vehicles | As effective November 30, 2022 |
| Section 1962.6 | Battery Labeling Requirements | As effective November 30, 2022 |
| Section 1962.7 | In-Use Compliance, Corrective Action and Recall Protocols for Zero Emission for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks | As effective November 30, 2022 |
| Section 1962.8 | Warranty Requirements for Zero Emission and Batteries in Plug-in Hybrid Electric 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks | As effective November 30, 2022 |
| Section 1965 | Emission Control and Smog Index Labels – 1979 and Subsequent Model Year Vehicles | As effective November 30, 2022 |
| Section 1968.1 | Malfunction and Diagnostic System Requirements – 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles | As effective November 27, 1999 |
| Section 1968.2 | Malfunction and Diagnostic System Requirements – 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles | As effective November 30, 2022 |
| Section 1968.5 | Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines | As effective July 25, 2016 |
| Section 1976 | Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions | As effective November 30, 2022 |
| Section 1978 | Standards and Test Procedures for Vehicle Refueling Emissions | As effective November 30, 2022 |
| Article 6 Emission Control System Warranty | ||
| Section 2035 | Purpose, Applicability and Definitions | As effective November 9, 2007 |
| Section 2036 | Defects Warranty Requirements for 1979 through 1989 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles; 1979 and Subsequent Model Year Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles | As effective December 5, 2014 |
| Section 2037 | Defects Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles | As effective November 30, 2022 |
| Section 2038 | Performance Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles | As effective November 30, 2022 |
| Section 2039 | Emission Control System Warranty Statement | As effective December 26, 1990 |
| Section 2040 | Vehicle Owner Obligations | As effective December 26, 1990 |
| Section 2041 | Mediation; Finding of Warrantable Condition | As effective December 26, 1990 |
| Section 2046 | Defective Catalyst | As effective February 15, 1979 |
| Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testing Article 1 Assembly Line Testing | ||
| Section 2062 | Assembly-line Test Procedures 1998 and Subsequent Model years | As effective August 7, 2012 |
| Article 2 Enforcement of New and In-use Vehicle Standards | ||
| Section 2101 | Compliance Testing and Inspection – New Vehicle Selection, Evaluation and Enforcement Action | As effective November 27, 1999 |
| Section 2109 | New Vehicle Recall Provisions | As effective December 30, 1983 |
| Section 2110 | Remedial Action for Assembly-Line Quality Audit Testing of Less than a Full Calendar Quarter of Production Prior to the 2001 Model Year | As effective November 27, 1999 |
| Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls | ||
| Section 2111 | Applicability | As effective December 8, 2010 |
| Section 2112 | Definitions | As effective November 30, 2022 |
| Appendix A to Article 2.1 | ||
| Section 2113 | Initiation and Approval of Voluntary and Influenced Recalls | As effective January 26, 1995 |
| Section 2114 | Voluntary and Influenced Recall Plans | As effective November 27, 1999 |
| Section 2115 | Eligibility for Repair | As effective January 26, 1995 |
| Section 2116 | Repair Label | As effective December 22, 2021 |
| Section 2117 | Proof of Correction Certificate | As effective December 22, 2021 |
| Section 2118 | Notification | As effective December 22, 2021 |
| Section 2119 | Recordkeeping and Reporting Requirements | As effective December 22, 2021 |
| Section 2120 | Other Requirements Not Waived. | As effective January 26, 1995 |
| Section 2121 | Penalties. | As effective December 22, 2021 |
| Section 2127 | Notification of Owners | As effective January 26, 1995 |
| Section 2128 | Repair Label | As effective January 26, 1995 |
| Section 2129 | Proof of Correction Certificate | As effective January 26, 1995 |
| Section 2130 | Capture Rates and Alternative Measures | As effective November 27,1999 |
| Section 2131 | Preliminary Tests | As effective January 26, 1995 |
| Section 2132 | Communication with Repair Personnel | As effective January 26, 1995 |
| Section 2133 | Record keeping and Reporting Requirements | As effective January 26, 1995 |
| Section 2135 | Extension of Time | As effective January 26, 1995 |
| Article 2.3 In-Use Vehicle Enforcement Test Procedures | ||
| Section 2136 | General Provisions | As effective December 8, 2010 |
| Section 2137 | Vehicle and Engine Selection | As effective December 28, 2000 |
| Section 2138 | Restorative Maintenance | As effective November 27, 1999 |
| Section 2139 | Testing | As effective November 30, 2022 |
| Section 2140 | Notification of In-Use Results | As effective November 30, 2022 |
| Article 2.4 Procedures for Reporting Failure of Emission-Related Components | ||
| Section 2141 | General Provisions | As effective December 8, 2010 |
| Section 2142 | Alternative Procedures | As effective February 23, 1990 |
| Section 2143 | Failure Levels Triggering Recall | As effective November 27, 1999 |
| Section 2144 | Emission Warranty Information Report | As effective November 27, 1999 |
| Section 2145 | Field Information Report | As effective August 7, 2012 |
| Section 2146 | Emissions Information Report | As effective November 27, 1999 |
| Section 2147 | Demonstration of Compliance with Emission Standards | As effective November 30, 2022 |
| Section 2148 | Evaluation of Need for Recall | As effective November 27, 1999 |
| Section 2149 | Notification of Subsequent Action | As effective February 23, 1990 |
| Chapter 3 Surveillance Testing | ||
| Section 2150 | Assembly-Line Surveillance | As effective December 30, 1983 |
| Section 2151 | New Motor Vehicle Dealer Surveillance | As effective December 30, 1983 |
| Chapter 4 Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives | ||
| Section 2222 | Add-On Parts and Modified Parts | As effective October 1, 2021 |
| Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks | ||
| Section 2235 | Requirements | As effective August 8, 2012 |
Any of the documents incorporated by reference may be obtained either from the Department or from the State of California Office of Administrative Law, 300 Capitol Mall, Suite 1250 Sacramento, California 95814-4339 or at the California Office of Administrative Law website at:http://www.oal.ca.gov/.
Each section of this subchapter is severable. In the event that any section, subsection or division is held invalid in a court of law, the remainder of this subchapter shall continue in full force and effect.
For all California-certified vehicles registered in Delaware, each manufacturer shall undertake an action equivalent to that which is required by any order or enforcement action taken by CARB, or any voluntary or influenced emission related recall initiated by any manufacturer pursuant to Title 13, CCR, Sections 1962.7, 2101, 2109 through 2120, 2122 through 2133, 2135 through 2149, 2167, and 2168 unless within 30 days of CARB approval of said recall, the manufacturer demonstrates to the Agency that such recall is not applicable to vehicles registered in Delaware. Each manufacturer must send to owners of Delaware registered California-certified vehicles the same notice that is used for California owners required by Title 13, CCR, Sections 2118 or 2127, except that it should contain a telephone number appropriate for Delaware.
3 DE Reg. 532 (10/01/99)