Unless specifically defined in Texas Health and Safety Code,
Chapter 382, also known as the Texas Clean Air Act (TCAA), or in the
rules of the 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 that are defined by the TCAA, the following
words and terms, when used in Subchapter C of this chapter (relating
to Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program; and Early Action
Compact Counties), have the following meanings, unless the context
clearly indicates otherwise.
(1) Acceleration simulation mode (ASM-2) test--An emissions
test using a dynamometer (a set of rollers on which a test vehicle's
tires rest) that applies an increasing load or resistance to the drive
train of a vehicle, thereby simulating actual tailpipe emissions of
a vehicle as it is moving and accelerating. The ASM-2 vehicle emissions
test is comprised of two phases:
(A) the 50/15 mode--in which the vehicle is tested
for 90 seconds upon reaching and maintaining a constant speed of 15
miles per hour (mph) on a dynamometer that simulates acceleration
at a rate of 3.3 mph per second by using 50% of the vehicle available
horsepower; and
(B) the 25/25 mode--in which the vehicle is tested
for 90 seconds upon reaching and maintaining a constant speed of 25
mph on a dynamometer that simulates acceleration at a rate of 3.3
mph per second by using 25% of the vehicle available horsepower.
(2) Consumer price index--The consumer price index
for any calendar year is the average of the consumer price index for
all-urban consumers published by the United States Department of Labor,
as of the close of the 12-month period ending on August 31 of the
calendar year.
(3) Controller area network (CAN)--A vehicle manufacturer's
communications protocol that connects to the various electronic modules
in a vehicle. CAN provides one protocol that collects information
from the vehicle's electronic systems including the on-board diagnostics
(OBD) emissions testing system. The United States Environmental Protection
Agency requires the CAN protocol to be installed in OBD-compliant
vehicles beginning with some model year 2003 vehicles and phasing
in to all OBD-compliant vehicles by the 2008 model year.
(4) Low-volume emissions inspection station--A vehicle
emissions inspection station that meets all criteria for obtaining
a low-volume waiver from the Texas Department of Public Safety.
(5) 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.
(6) On-board diagnostic (OBD) system--The computer
system installed in a vehicle by the manufacturer that monitors the
performance of the vehicle emissions control equipment, fuel metering
system, and ignition system for the purpose of detecting malfunction
or deterioration in performance that would be expected to cause the
vehicle not to meet emissions standards. All references to OBD should
be interpreted to mean the second generation of this equipment, sometimes
referred to as OBD II.
(7) On-road test--Utilization of remote sensing technology
to identify vehicles operating within the inspection and maintenance
program areas 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 an affected county. Motorists
shall comply with emissions requirements for such counties. 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 Texas Inspection and Maintenance State Implementation
Plan. These program areas include:
(A) the Dallas-Fort Worth program area, consisting
of the following counties: Collin, Dallas, Denton, and Tarrant;
(B) the El Paso program area, consisting of El Paso
County;
(C) the Houston-Galveston-Brazoria program area, consisting
of Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties;
(D) the extended Dallas-Fort Worth program area, consisting
of Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These counties
became part of the program area as of May 1, 2003; and
(E) the Bexar County program area, consisting of Bexar
County.
(11) Retests--Successive vehicle emissions inspections
following the failing of an initial test by a vehicle during a single
testing cycle.
(12) Testing cycle--Before the single sticker transition
date as defined in §114.1 of this title (relating to Definitions),
the annual cycle commencing with the first safety inspection certificate
expiration date for which a motor vehicle is subject to a vehicle
emissions inspection or beginning on the single sticker transition
date, the annual cycle commencing with the first vehicle registration
expiration date for which a motor vehicle is subject to a vehicle
emissions inspection.
(13) Two-speed idle (TSI) inspection and maintenance
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:
(A) the vehicle safety inspection certificate prior
to the single sticker transition date as defined in §114.1 of
this title (relating to Definitions);
(B) the vehicle registration beginning on the single
sticker transition date as defined in §114.1 of this title; or
(C) the 30-day period following an out-of-cycle inspection.
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Source Note: The provisions of this §114.2 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective May 11, 2000, 25 TexReg 4009; amended to be effective November 20, 2001, 26 TexReg 9386; amended to be effective October 7, 2004, 29 TexReg 9374; amended to be effective November 17, 2005, 30 TexReg 7478; amended to be effective December 13, 2010, 35 TexReg 10985; amended to be effective March 6, 2014, 39 TexReg 1400; amended to be effective May 21, 2015, 40 TexReg 2670; amended to be effective December 21, 2023, 48 TexReg 7574 |