Page
1
of
6
Chapter
1200­
3­
36
Motor
Vehicle
Tampering
Table
of
Contents
1200­
3­
36­.
01
Purpose
1200­
3­
36­.
02
Definitions
1200­
3­
36­.
03
Motor
Vehicle
Tampering
Prohibited
1200­
3­
36­.
04
Record
Keeping
Requirements
1200­
3­
36­.
05
Exemptions
1200­
3­
36­.
01
Purpose
The
purpose
of
this
chapter
is
to
reduce
the
air
pollution
caused
by
tampering
with
a
motor
vehicle
emissions
system.

Authority:
TCA
68­
201­
105
and
4­
5­
202
1200­
3­
36­.
02
Definitions
Unless
specifically
defined
in
this
chapter,
the
definitions
from
Chapters
1200­
3­
2
and
1200­
3­
29
shall
apply:

(
1)
Aftermarket
part
means
any
part
offered
for
sale
for
installation
in
or
on
a
motor
vehicle
after
such
vehicle
has
left
the
vehicle
manufacturer's
production
line.

(
2)
Air
pollution
emission
control
device
is
a
mechanism
or
equipment
installed
on
a
motor
vehicle
by
the
manufacturer
that
controls
and
reduces
generated
emissions
that
would
otherwise
be
released
into
the
atmosphere.

(
3)
Antique
motor
vehicle
is
any
motor
vehicle
over
twenty­
five
years
old
which
is
owned
solely
as
a
collectors'
item
and
is
used
for
participation
in
club
activities,
exhibits,
tours,
parades
and
similar
uses,
but
in
no
event
for
general
transportation.

(
4)
Catalytic
converter
is
an
air
pollution
emission
control
device
containing
a
catalyst
for
converting
automobile
exhaust
into
mostly
harmless
products.

(
5)
Department
means
the
Tennessee
Department
of
Environment
and
Conservation,
Division
of
Air
Pollution
Control.

(
6)
EGR
valve
means
an
exhaust
gas
recirculation
valve.

(
7)
Federal
Motor
Vehicle
Standards
are
the
required
emission
standards
as
defined
in
Title
40,
Code
of
Federal
Regulations,
Parts
86
and
88.

(
8)
Individual
is
a
private
citizen
who
may
or
may
not
be
the
owner
or
operator
of
the
motor
vehicle
that
performs
engine,
transmission,
and/
or
exhaust
system
repairs
without
obtaining
the
services
of
a
repair
technician
provided
that
all
repairs
are
in
accordance
with
Rule
1200­
3­
36­.
03.

(
9)
Kit
Car
means
a
motor
vehicle
which
does
not
utilize
a
chassis
from
a
vehicle
certified
to
meet
emissions
control
standards
or
for
which
the
original
manufacturer's
identification
has
been
eliminated
due
to
the
replacement
of
the
vehicle's
body
with
one
of
a
different
make
and/
or
style.
Page
2
of
6
(
10)
Leaded
gasoline
means
gasoline
containing
greater
than
five
hundredths
(
0.050)
gram
of
lead
per
gallon
of
gasoline.

(
11)
Motor
vehicle
is
any
self­
propelled
vehicle
used
for
transporting
persons
or
commodities
on
public
roads.

(
12)
New
motor
vehicle
is
any
motor
vehicle
that
has
never
been
previously
titled
or
registered
in
this
or
any
other
jurisdiction
and
whose
ownership
document
remains
as
a
manufacturer's
certificate
of
origin.

(
13)
Repair
means
to
replace
any
component
of
an
engine,
transmission,
exhaust,
and/
or
electrical
system
of
a
motor
vehicle.

(
14)
Repair
facility
is
any
garage,
muffler
shop,
dealership,
or
other
commercial
establishment
that
performs
engine,
transmission,
and/
or
exhaust
system
repairs,
including
electronic
computer
systems
associated
with
the
above­
mentioned
systems,
on
motor
vehicles.

(
15)
Repair
technician
is
any
person
who:

(
a)
is
professionally
engaged
full­
time
in
vehicle
repair
or
employed
by
an
ongoing
business
whose
purpose
is
vehicle
repair,
or
(
b)
is
a
certified
mechanic
with
valid
certifications
that
are
current
from
the
National
Institute
for
Automotive
Service
Excellence
(
ASE)
in
Electrical
Systems
(
A6),
Engine
Performance
(
A8),
and
Advanced
Engine
Performance
Specialist
(
L1);
or
(
c)
has
satisfactorily
completed
an
independent
or
vehicle
manufacturer's
training
course,
or
has
passed
a
nationally­
recognized
test,
which
course
or
test
covers
the
emissions
test
methods
used,
diagnosis
of
the
causes
for
failures,
and
repair
work
most
frequently
done
for
vehicles
failing
the
transient
emission
test.

(
16)
Routine
maintenance
is
the
replacing
of
motor
vehicle
parts
that
routinely
wear
as
a
result
of
normal
operation.

(
17)
Tampering
means
to
modify,
remove,
render
inoperative,
cause
to
be
removed,
or
make
less
operative
any
air
pollution
emission
control
device
or
element
of
design
installed
on
a
motor
vehicle
or
motor
vehicle
engine
which
results
in
an
increase
in
emissions
beyond
established
federal
motor
vehicle
standards.
Tampering
includes,
but
is
not
limited
to,
any
of
the
following:

(
a)
Removing
or
rendering
inoperative
such
devices
as
catalytic
converter,
air
pump,
or
EGR
valve,

(
b)
Disconnecting
or
plugging
vacuum
lines
or
electrical
or
mechanical
portions
of
the
pollution
control
system
such
as
electrical
solenoids
or
vacuum­
activated
valves,

(
c)
Modifying
a
motor
vehicle's
emission
control
design
to
other
than
the
manufacturer's
specifications,

(
d)
Installing
any
replacement
part
that
is
not
equivalent
in
design
and
function
to
the
part
that
was
originally
on
the
motor
vehicle,

(
e)
Adding
a
part
on
a
motor
vehicle
that
does
not
meet
the
manufacturer's
specifications,
such
as
installation
of
dual
carburetors
to
replace
a
single
carburetor,
or
installing
a
dual
exhaust
prior
to
the
catalytic
converter
on
a
vehicle
that
was
manufactured
as
single
exhaust
only,
Page
3
of
6
(
f)
Installing
a
motor
vehicle
engine
unless
the
resulting
motor
vehicle
is
identical
to
a
configuration
of
the
same
or
newer
model
year
as
the
original
motor
vehicle
chassis.
This
configuration
must
comply
with
the
federal
motor
vehicle
standards,

(
g)
Introducing
leaded
gasoline
or
any
gasoline
additive
into
a
motor
vehicle
that
was
originally
designed
to
use
unleaded
gasoline
only
that
would
result
in
the
poisoning
of
the
catalysts,

(
h)
Installing
any
electrical
device
that
is
attached
to
the
motor
vehicle's
computer
system
that
is
designed
to
give
false
onboard
diagnostic
readiness
codes
and
is
used
as
an
attempt
to
pass
the
onboard
diagnostic
test,

(
i)
Introducing
any
chemical
or
fuel
into
the
gasoline
other
than
what
is
recommended
by
the
manufacturer
to
be
an
approved
fuel
or
fuel
additive,

(
j)
Detuning
the
motor
vehicle
engine
to
a
lower
or
higher
idle
to
run
out
of
manufacturer's
design
specifications,

(
k)
Operating
the
motor
vehicle
without
the
appropriate
fuel
cap
or
the
appropriate
fuel
inlet
restrictor,

(
l)
Installing
high
performance
chips
which
reprograms
or
overrides
the
motor
vehicle's
on­
board
computer
system,

(
m)
Installing
any
aftermarket
part
that
does
not
meet
the
manufacturer's
specifications.

(
18)
Technical
Secretary
is
the
Technical
Secretary
of
the
Air
Pollution
Control
Board
of
the
State
of
Tennessee
or
his
designated
representative.

(
19)
Vehicle
owner
is
any
individual,
business,
or
corporation
that
holds
the
title
to
a
motor
vehicle.

Authority:
TCA
68­
201­
105
and
4­
5­
202
1200­
3­
36­.
03
Motor
Vehicle
Tampering
Prohibited
Page
4
of
6
(
1)
No
person
shall
cause,
suffer,
allow,
or
permit
tampering
of
a
motor
vehicle
or
motor
vehicle
engine
that
is
in
compliance
with
federal
motor
vehicle
standards
except
where
the
purpose
of
modification
or
removal
of
the
air
pollution
emission
control
device
is
to
install
another
device
which
is
equally
effective
in
reducing
emissions
from
the
vehicle.

(
2)
No
person
shall
manufacture,
sell,
offer
to
sell,
or
install
any
part
or
component
on
a
motor
vehicle
or
motor
vehicle
engine
where
the
purpose
of
the
part
or
component
is
to
bypass,
defeat,
or
render
inoperative
any
device
or
element
of
design
installed
on
or
in
a
motor
vehicle
or
motor
vehicle
engine
that
is
in
compliance
with
the
federal
motor
vehicle
standards.

(
3)
No
person
shall
perform
emission
related
repairs
on
any
part
of
a
motor
vehicle
that
is
in
a
tampered
state
unless
such
repairs
are
performed
that
brings
the
vehicle
into
compliance
with
federal
motor
vehicle
standards.
This
provision
applies
regardless
of
the
age
or
mileage
of
a
vehicle
that
was
designed
to
meet
federal
motor
vehicle
standards.

Authority:
TCA
68­
201­
105
and
4­
5­
202
1200­
3­
36­.
04
Record
Keeping
Requirements
(
1)
The
repair
facility
and/
or
the
person
performing
the
repairs,
and
the
vehicle
owner
shall
maintain
a
complete
record
of
all
emission
repairs
(
as
related
to
the
manufacturer's
warranty)
for
a
minimum
period
of
one
(
1)
year
from
the
date
of
the
repair.
These
documents
must
contain
the
following:
vehicle
identification
number
(
VIN),
vehicle
make,
vehicle
model,
model
year,
name,
address
and
telephone
number
of
the
vehicle
owner.

(
2)
In
the
event
of
a
catalytic
converter
replacement,
the
old
replaced
catalyst
must
be
kept
for
a
minimum
of
fifteen
(
15)
days.
The
new
replacement
catalyst
must
be
accompanied
by
a
copy
of
the
warranty
tag
issued
with
it.

Authority:
TCA
68­
201­
105
and
4­
5­
202
1200­
3­
36­.
05
Exemptions
(
1)
The
Technical
Secretary
may
exempt
any
motor
vehicle
or
motor
vehicle
engine
from
Rule
1200­
3­
36­.
03
subsection
(
1)
or
(
2)
upon
such
terms
and
conditions
as
he
may
find
necessary
for
the
purpose
of
investigations,
demonstrations,
or
training.

(
2)
The
following
classes
of
motor
vehicles
are
exempt
from
the
requirements
established
in
Rule
1200­
3­
36­.
03
of
this
chapter:

(
a)
antique
motor
vehicles
(
b)
kit
cars
(
3)
Routine
maintenance
and
repair
of
motor
vehicles
and
motor
vehicle
engines
which
require
the
use
of
an
aftermarket
part,
alteration
or
add­
on
part
will
not
constitute
tampering
if
the
repair
does
not
adversely
affect
emissions
performance.

Authority:
TCA
68­
201­
105
and
4­
5­
202
Page
5
of
6
Signature
of
the
agency
officer
or
officers
directly
responsible
for
proposing
and
drafting
this
rule:

___________________________________
Barry
R.
Stephens
Director
Tennessee
Air
Pollution
Control
Division
The
roll­
call
vote
of
the
Tennessee
Air
Pollution
Control
Board
on
this
rulemaking
hearing
rule
was
as
follows:
Aye
No
Abstain
________________________
_____
_____
_____
Wilton
Burnett,
Jr.

________________________
_____
_____
_____
Richard
A.
Bolton
________________________
_____
_____
_____
Tracy
R.
Carter
________________________
_____
_____
_____
Dr.
Mary
English
________________________
_____
_____
_____
Sharon
Goldsworthy
________________________
_____
_____
_____
Richard
Holland
________________________
_____
_____
_____
Stephen
Gossett
________________________
_____
_____
_____
Robert
D.
Kirkpatrick
________________________
_____
_____
_____
Helen
Hennon,
P.
E.

________________________
_____
_____
_____
Ron
Page
_______________________
_____
_____
_____
Ike
Sewell
_______________________
_____
_____
_____
Greer
Tidwell,
Jr.

________________________
_____
_____
_____
Richard
Warder
_______________________
_____
_____
_____
Larry
Waters
Page
6
of
6
I
certify
that
this
is
an
accurate
and
complete
copy
of
the
rulemaking
hearing
rule,
lawfully
promulgated
and
adopted
by
the
Tennessee
Air
Pollution
Control
Board
on
the
__________
day
of
_____________,
2004.

Further,
I
certify
that
the
provisions
of
T.
C.
A.
§
§
4­
5­
222
have
been
fully
complied
with,
that
this
rule
was
properly
presented
for
filing,
a
notice
of
rulemaking
hearing
having
been
filed
in
the
Department
of
State
on
the
27th
day
of
February,
2004,
and
such
notice
of
rulemaking
hearing
having
been
published
in
March
15,
2004,
issue
of
the
Tennessee
Administrative
Register,
and
such
rulemaking
hearing
having
been
conducted
pursuant
thereto
on
the
19th
day
of
April,
2004.

__________________________________
Barry
R.
Stephens
Technical
Secretary
Tennessee
Air
Pollution
Control
Board
Subscribed
and
sworn
to
before
me
this
the
_________
day
of
_____________________
,
2004.

__________________________________
Notary
Public
My
commission
expires
on
the
________
day
of
____________________
,
________
.

The
rulemaking
hearing
rule
provided
for
herein
has
been
examined
by
the
Attorney
General
and
Reporter
of
the
State
of
Tennessee
and
approved
as
to
legality
pursuant
to
the
provisions
of
the
Administrative
Procedures
Act,
Tennessee
Code
Annotated,
Title
4,
Chapter
5.

__________________________________
Paul
G.
Summers
Attorney
General
and
Reporter
The
rulemaking
hearing
rule
set
out
herein
was
properly
filed
in
the
Department
of
State
on
the
day
of
,
20
,
and
will
become
effective
on
the
_____
day
of
_____________
,
20
____
.

__________________________________
Riley
C.
Darnell
Secretary
of
State
By:
_______________________________
