325.202  Definitions.--As used in this act, the term:

(1)  "Air pollution control equipment" means any equipment or feature installed by the manufacturer or replaced with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle which constitutes an operational element of the air pollution control system or mechanism of a motor vehicle.

(2)  "Contractor" means any person, corporation, or partnership with whom the department may enter into a contract for the purchase, lease, design, construction, equipment, maintenance, personnel, management, and operation of an inspection station.

(3)  "Dealer certificate" means an inspection certificate issued to a motor vehicle dealer, motor vehicle broker as defined in ¹s. 320.07, mobile home dealer as defined in s. 320.77, or recreational vehicle dealer as defined in s. 320.771, indicating that a motor vehicle has passed an emissions inspection, which grants the dealer or broker 12 months in which to sell at retail the identified motor vehicle owned by the dealer or broker.

(4)  "Department" means the Department of Highway Safety and Motor Vehicles.

(5)  "Federal act" means the federal Clean Air Act, as amended, and regulations issued by the United States Environmental Protection Agency under that act.

(6)  "Inspection" means the determination of the level of exhaust emissions of a motor vehicle and of the existence of tampering.

(7)  "Inspection certificate" means a serially numbered form issued by an inspection station, reinspection facility, or self-inspector indicating that the identified motor vehicle has been inspected and passed inspection.

(8)  "Inspection station" means a facility, other than a self-inspection facility, situated in a permanent structure or a mobile unit, for the purpose of conducting emissions inspections of motor vehicles as required by this act.

(9)  "Motor vehicle" means any self-propelled vehicle required to be registered under s. 320.02.

(10)  "Nonattainment area" means an area which has been designated by the administrator of the United States Environmental Protection Agency (EPA), pursuant to the federal act, as exceeding national primary or secondary ambient air quality standards for the pollutants carbon monoxide or ozone.

(11)  "Program area" means counties designated by the Department of Environmental Protection as air-quality nonattainment areas in accordance with this act, counties which voluntarily request inclusion pursuant to the provisions of s. 325.204, and counties previously designated as nonattainment areas that are operating under a United States Environmental-Protection-Agency-approved maintenance plan.

(12)  "Reinspection facility" means any motor vehicle repair shop as defined in ²s. 559.903(7) which has been licensed by the department pursuant to the provisions of s. 325.212.

(13)  "Self-inspector" means any person or governmental entity that owns or leases at least 25 motor vehicles, including vehicles held for resale by a motor vehicle dealer licensed under chapter 320, and is licensed by the department to inspect such vehicles.

(14)  "Tamper" means to dismantle, remove, or render ineffective any air pollution control equipment which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle.

(15)  "Short-term rental vehicle" means a motor vehicle leased without a driver and under a written agreement to one or more persons from time to time for a period of less than 3 months.

History.--s. 2, ch. 88-129; s. 1, ch. 92-39; s. 1, ch. 92-323; s. 92, ch. 94-306; s. 142, ch. 94-356; s. 27, ch. 95-333.

¹Note.--The reference is erroneous. The term "motor vehicle broker" is not defined at s. 320.07; it is defined at s. 320.27.