(a) Agricultural trucks means those vehicles as defined in subparagraph 401.7(E)(2) of the New York State Vehicle and Traffic Law (VTL).

(b) Authorized emergency vehicle means those vehicles defined in section 101 of the VTL.

(c) Bus means a vehicle as defined in section 104 of the VTL, as well as vehicles covered by 17 NYCRR Part 720 or 721.

(d) CARB means the California State Air Resources Board as defined in California's Health and Safety Code, section 39003.

(e) Certified configuration means a heavy-duty diesel engine design or a light-duty diesel- powered motor vehicle-engine-chassis design certified as meeting the applicable CARB or EPA emission standards for heavy-duty diesel engines or light-duty diesel-powered motor vehicles manufactured in a given model year.

(f) Certified inspector means any person authorized by the NYSDEC, NYSDMV or NYSDOT, after successfully completing the applicable training, to determining whether a HDDV complies with the requirements of this Subpart. NYSDOT fleet certified mechanics authorized to conduct HDDV emission inspections shall be considered certified inspectors for the purpose of conducting the required emissions inspections on a HDDV in the fleet of their employer.

(g) Diesel engine means a compression ignition type of internal combustion engine which operates on or is capable of operating on diesel fuel.

(h) Diesel-fueled vehicle means a diesel powered vehicle using or capable of using diesel fuel.

(i) Element of design means any part or system on a motor vehicle or a motor vehicle engine pertaining to the vehicle's or engine's certified configuration.

(j) Emission control apparatus means any device utilized by the vehicle manufacturer and/or the engine manufacturer to control the release of any regulated emission, including any associated component which monitors the function and maintenance of such a device.

(k) Exhaust emissions means the emissions (including any liquid or solid particles in the gaseous stream) released into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.

(l) Fleet self inspection facility means any corporation, business, or facility that employs certified inspectors and is authorized by NYSDEC, NYSDMV, or NYSDOT to perform emission testing to determine whether any HDDV owned or operated by such entity complies with the requirements of this Subpart.

(m) Governor means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine RPM.

(n) Gross vehicle weight rating or GVWR means the value specified by the vehicle manufacturer as the maximum loaded weight of a single or combination vehicle.

(o) Heavy duty diesel vehicle (HDDV) means a heavy duty vehicle powered by a diesel engine.

(p) Heavy duty vehicle means a vehicle that has a GVWR exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

(q) High idle means the highest engine speed obtainable when the engine is disengaged from the transmission.

(r) Hybrid electric vehicle (HEV) means those vehicles as defined in 40 CFR section 86.1702-99.

(s) Low idle means the minimum operating speed of an engine with the accelerator pedal released and the transmission disengaged, as specified by the engine manufacturer.

(t) Marine vessel means as defined in 1 U.S.C. section 3.

(u) Maximum governed RPM means for an:

(v) Model year means the engine manufacturer's annual production period, as defined in 40 CFR part 85, subpart X.

(w) Municipally owned vehicles means those vehicles owned and/or operated by a county, town, city, or village of the State of New York.

(x) New York City Metropolitan Area (NYCMA) means the area as defined in section 200.1(au) of this Title.

(y) NYSDEC or department means the New York State Department of Environmental Conservation.

(z) NYSDMV means the New York State Department of Motor Vehicles.

(aa) NYSDMV Official Diesel Emission Inspection Station or ODEIS means any person or association authorized by NYSDMV to conduct official diesel safety and emission testing and inspection.

(ab) NYSDOT means the New York State Department of Transportation.

(ac) Nominal stack size means the exhaust pipe diameter to be used in conducting smoke opacity measurements to determine compliance with diesel smoke opacity standards, based on engine horsepower, as set forth in Table 2 of this Subpart.

(ad) Oil temperature probe means a device integral or auxiliary to certain smokemeters which measures the engine crankcase oil temperature.

(ae) Opacity means the property of a substance whereby it partially or wholly obstructs the transmission of visible light expressed as the percentage to which light is attenuated.

(af) Particles means any material, except uncombined water, which exists as liquid particles or solid particles at standard temperature and pressure ranges.

(ag) Regulated emission means any solid, liquid or gaseous substance which is emitted from a motor vehicle or motor vehicle engine and which is regulated by the EPA pursuant to 40 CFR part 86.

(ah) Revolutions per minute (RPM) sensor means a mechanism integral or auxiliary to the smokemeter which senses the engine speed in revolutions per minute.

(ai) SAE J1667 means the Surface Vehicle Recommended Practice incorporated in document number J1667 published by the Society of Automotive Engineers in February 1996, entitled Snap-Acceleration Smoke Test Procedure for Heavy Duty Diesel Powered Vehicles,” as herein incorporated by reference (see Table 1, section 200.9 of this Title).

(aj) School bus means a vehicle as defined in section 142 of the VTL.

(ak) Smokemeter means smoke measurement equipment designed and manufactured in accordance with specifications set forth in section 217-5.6 of this Subpart. Only a model of a smokemeter certified by NYSDEC and operated in accordance with the manufacturer's operating procedures shall be considered a smokemeter for purposes of this Subpart.

(al) Tailpipe means the final downstream section of pipe in the exhaust system of a motor vehicle.

(am) Ungoverned engine means a diesel engine designed to be devoid of any mechanical or electronic contrivances designed or intended to limit maximum engine speed.