AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE EMISSIONS TESTING.

This Act allows the owner of a vehicle which has a “check engine” light illuminated to be able to pass the Division of Motor Vehicles’ (DMV) On-board Diagnostic (OBD) test emission inspection if a Department of Natural Resources and Environmental Control (DNREC) certified emissions repair technician determines that the vehicle is operating within the manufacturer’s designed emission thresholds. If the DNREC technician cannot determine whether the vehicle will operate within the required thresholds, the technician may issue documentation to the vehicle owner which will require the DMV to disregard the OBD test and use an alternative test to determine if the vehicle will pass the emissions portion of the inspection. Because not all “check engine” lights relate to an emission problem, this bill will prevent unnecessary costly repairs while still maintaining the integrity of the emissions inspection process by using alternative tests when prudent.