New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 20 - ENFORCEMENT SERVICE
Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION
Section 13:20-45.3 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Advertising" means any printed or published materials including, but not limited to, direct mail, circulars, leaflets, pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of the motor vehicle emission repair facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.

"Applicant" means any person applying under the provisions of this subchapter for an initial registration to engage in the business of a motor vehicle emission repair facility or to renew an existing registration. In the case of a partnership or corporation applying for a registration, the term "applicant" shall respectively include all partners and/or officers and directors and/or persons having a controlling interest in a sole proprietorship or corporation.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Controlling interest" means possession of the power to direct or cause the direction of the management and policies of a motor vehicle emission repair facility, whether through the ownership of voting securities or otherwise. The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any motor vehicle emission repair facility. This presumption may be rebutted by showing that control does not in fact exist. The Chief Administrator may determine that control in fact exists, notwithstanding the presence or absence of a presumption to that effect.

"Customer" means the owner of record of a motor vehicle on file with the Motor Vehicle Commission, or any family member, employee or any other person whose use of the motor vehicle is authorized by such owner of record.

"Department" means the Department of Environmental Protection in the State of New Jersey.

"Emission repair facility registration" means a registration issued to a motor vehicle emission repair facility that evidences the Chief Administrator's authorization for the facility to engage in emission and OBD repairs, including diesel repairs pursuant to P.L. 1995, c. 157, on motor vehicles that have failed an emission or OBD inspection.

"Engaged in the business" means performing emission-related or OBD-related repair(s) for compensation and includes:

1. Any person performing emission or OBD repair(s) on motor vehicles that have failed an emission or OBD inspection required by the Chief Administrator;

2. Any person who subcontracts or has any type of business arrangement with a motor vehicle emission repair facility or other person to perform emission or OBD repairs on motor vehicles that have failed an emission or OBD inspection required by the Chief Administrator;

3. Any person who prepares an estimate to be used by a motor vehicle emission repair facility or other person to perform emission or OBD repairs on motor vehicles that have failed an emission or OBD inspection required by the Chief Administrator; or

4. Any person who negotiates in any manner with any customer to perform emission or OBD repairs on motor vehicles that have failed an emission or OBD inspection required by the Chief Administrator.

"EPA" means the United States Environmental Protection Agency.

"Estimate" means any written determination prepared by a motor vehicle emission repair facility of the approximate cost of the parts and labor needed to perform the requested repair services.

"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. § 7401 et seq., and any subsequent amendments or supplements to that act.

"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4 ).

"Motor vehicle emission repair facility" means any person who for compensation engages in the business of repairing motor vehicles that have failed an emission or OBD inspection required by the Chief Administrator. For the purpose of this subchapter, the following are not deemed to be a motor vehicle emission repair facility and are not required to be registered:

1. Any employee of a motor vehicle emission repair facility who engages in the business of repairing motor vehicles that have failed an emission or OBD inspection solely by reason of his or her employment;

2. Any person who is solely engaged in the business of repairing motor vehicles that have failed an emission or OBD inspection and who is employed by a single commercial or industrial establishment that is the owner or lessee of such motor vehicles; or

3. Any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades, light bulbs, communication equipment, or such other repair and servicing functions that are not related to motor vehicle emission or OBD inspection failures.

"On-board diagnostics" or "OBD" means an automotive diagnostic system complying with California Air Resources Board OBD regulations or EPA OBD regulations effective for model year 1996 and newer gasoline-fueled and bi-fueled motor vehicles and for model year 1997 and newer diesel-fueled motor vehicles.

"Person" means any natural person, business, company, firm, partnership, association, corporation or any other entity.

"Place of business" means the address or location where the services of a motor vehicle emission repair facility are offered or ordinarily performed.

"Suspension, revocation or refusal to renew" means administrative action by the Chief Administrator, in accordance with the provisions of P.L. 1995, c. 112 or this subchapter, to refuse to renew a motor vehicle emission repair facility registration or to suspend or revoke a registration.