Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-80 - Statewide Motor Vehicle Anti-Tampering Program
Section 3745-80-01 - Definitions
Current through all regulations passed and filed through December 16, 2024
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (M) of this rule titled "referenced materials."]
(A) "Anti-tampering inspector" means any authorized representative of the director with the authority to investigate, inspect and otherwise determine compliance with sections 3704.16 to 3704.162 of the Revised Code.
(B) "Clean Air Act Amendments" means the Clean Air Act, and regulations adopted under it.
(C) "Director" means the director of the Ohio environmental protection agency or the director's authorized representative.
(D) "Emission control system" means any system designated by the United States environmental protection agency as an emission control system under title II of the Clean Air Act Amendments and includes any device or element of design of the system.
(E) "Emission system reference manual" means the most current reference manual with emission system application tables available from a source approved by the director or the director's designee.
(F) "Lessee" means any person who uses a motor vehicle pursuant to a bailment, lease or other contractual arrangement under which a charge is made for its use at a periodic rate for a term of thirty continuous days or more.
(G) "Motor vehicle facility" means premises owned, operated, rented, leased or otherwise used by any person engaged in the sale, lease, service or rental of motor vehicles or motor vehicle parts.
(H) "Person" means the state, any political subdivision, public or private corporation, partnership, firm, association, individual, organization or other entity.
(I) "Renter" means any person who uses a motor vehicle pursuant to a bailment, lease or other contractual arrangement under which a charge is made for use of the motor vehicle at a periodic rate for a term of thirty continuous days or less.
(J) "Statewide Anti-Tampering Procedures Manual" means the official document issued by the Ohio environmental protection agency to anti-tampering inspectors detailing the procedures to be followed when conducting inspections to determine compliance with sections 3704.16 to 3704.162 of the Revised Code.
(K) "Tamper with" means to remove permanently or temporarily, except for repair, replacement or converting for use of a clean alternative fuel, to bypass, defeat, or render inoperative, in whole or in part, any emission control system that is installed on or in a motor vehicle, for purposes of defeating, bypassing or otherwise circumventing the requirements of the Clean Air Act Amendments or Chapter 3704. of the Revised Code and the rules promulgated thereunder.
(L) "Ultimate purchaser" with respect to any new motor vehicle, means the first person, other than a dealer in the capacity as a dealer, who is a good faith purchaser of such new motor vehicle for purposes other than resale.
(M) Referenced materials. This chapter includes references to certain subject matter or materials. The text of the referenced materials is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific version specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.