Unless specifically defined in the TCAA or in the rules of the Texas Natural Resource Conservation Commission (commission), the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, the following words and terms, when used in this Subchapter C of this chapter (relating to Vehicle Inspection and Maintenance), shall have the following meanings, unless the context clearly indicates otherwise:
- (1) Adjusted annually--Percentage, if any, by which the Consumer Price Index (CPI) for the preceding calendar year differs (as of August 31) from the CPI for 1989; adjustments shall be effective on January 1 of each year.
- (2) Basic program area--Collin, Dallas, Denton, and Tarrant Counties.
- (3) Core program area--Dallas, El Paso, Harris, and Tarrant Counties.
- (4) Emissions tune-up--A basic tune-up along with functional checks and any necessary replacement or repair of emissions control components.
- (5) Enhanced program areas--Harris, Waller, Galveston, Montgomery, Chambers, Liberty, Fort Bend, Brazoria, and El Paso Counties.
- (6) Motorist--A person or other entity responsible for the inspection, repair, and maintenance of a motor vehicle, which may include, but is not limited to, owners and lessees.
- (7) On-road test--Utilization of remote sensing technology to identify vehicles operating within the core I/M program area that have a high probability of being high-emitters.
- (8) Out-of-cycle test--Required emissions test not associated with vehicle safety inspection testing cycle.
- (9) Primarily operated--Use of a motor vehicle greater than 60 calendar days per testing cycle in a county. Motorists shall comply with emissions requirements for such county. It is presumed that a vehicle is primarily operated in the county in which it is registered.
- (10) Program area--County or counties in which the Texas Department of Public Safety, in coordination with the commission, administers the vehicle emissions inspection and maintenance program contained in the revised Texas I/M State Implementation Plan. These counties include Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Harris, Galveston, Liberty, Montgomery, Tarrant, and Waller.
- (11) Retests--Successive vehicle emissions inspections following the failing of an initial test by a vehicle during a single testing cycle.
- (12) Testing cycle--Annual or biennial cycle commencing with the first safety inspection certificate expiration date for which a motor vehicle is subject to a vehicle emissions inspection.
- (13) Two-speed idle I/M test--A measurement of the tailpipe exhaust emissions of a vehicle while the vehicle idles, first at a lower speed and then again at a higher speed.
- (14) Uncommon part--A part that takes more than 30 days for expected delivery and installation, where a motorist can prove that a reasonable attempt made to locate necessary emission control parts by retail or wholesale part suppliers will exceed the remaining time prior to expiration of the vehicle safety inspection certificate or the 30 day period following an out-of-cycle inspection.
Source Note:The provisions of this §114.2 adopted to be effective December 1, 1997, 22 TexReg 11388.