Motor Vehicle Emissions

Del. Code tit. 7, ch. 67

in effect

Del. Code tit. 7, § 6701 Emission standards required for inspection.

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles, or any other duly authorized body, shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.

Del. Code tit. 7, § 6702 Violations.

Any person who operates a motor vehicle, or owns a motor vehicle which he or she permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department, shall be fined not less than $50, nor more than $100, which may be enforced in accordance with Title 21.

Del. Code tit. 7, § 6703 Standards for vehicle emissions.

The Department shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.

Del. Code tit. 7, § 6704 Applications of standards.

Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry out the purpose of this chapter, and shall apply to such motor vehicles not earlier than 180 days from the date of adoption.

Del. Code tit. 7, § 6705 Application consistent with federal law.

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.] and any amendments and supplements thereto.

Del. Code tit. 7, § 6706 Standards attainable by properly functioning vehicles.

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any pollution control devices, systems, or engine modifications; provided such vehicles were not manufactured with pollution control devices, systems, or engine modifications in accordance with the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.].

Del. Code tit. 7, § 6707 Formulation of rules and regulations.

All codes, rules and regulations shall be formulated and promulgated in the manner provided in Chapter 60 of this title.

Del. Code tit. 7, § 6708 Implementation; Department’s standards.

The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control, shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control to effectively demonstrate that the emissions from motor vehicles passing through the inspection lanes are in accordance with the standards, codes, rules or regulations of the Department of Natural Resources and Environmental Control.

Del. Code tit. 7, § 6709 Permits for operation of motor vehicles during testing.

The Department of Natural Resources shall issue permits to all certified repair technicians to conduct on-board diagnostic testing of vehicles that are not in compliance with § 2115 of Title 21. The Department may recover costs reasonably related to the issuance of such permits.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c067/index.htmlFetched: 6/28/2026