§ 42-4-412 — Air pollution violations

(1) (a) A person commits a class A traffic
infraction if the person causes or permits the emission into the atmosphere from:

(I) Any motor vehicle, including a motorcycle, powered by gasoline or any
fuel except diesel of any visible air pollutant as defined in section 25-7-103 (1.5),
C.R.S.;

(II) Any diesel-powered motor vehicle, of any visible air pollutant, as defined
in section 25-7-103 (1.5), C.R.S., which creates an unreasonable nuisance or danger
to the public health, safety, or welfare.

(b) Violations of this section may be determined by visual observations,
including the snap acceleration opacity test, or by test procedures using opacity
measurements.

(c) The provisions of paragraph (a) of this subsection (1) shall not apply to
emissions caused by cold engine start-up.

(2) (a) The air quality control commission shall determine the minimum
emission level of visible air pollutants from diesels which shall be considered to
create an unreasonable nuisance or danger to the public health, safety, and
welfare. Such minimum emission level shall be based on smoke levels attainable by
correctly operated and maintained in-use diesel vehicles, considering altitude and
other reasonable factors affecting visible smoke levels. In no case shall such level
be less than twenty percent opacity when observed for five seconds or more. On
interstate highways, opacity may be observed for ten seconds. Standards for
transient conditions with no time limit shall also be established. Not later than
December 1, 1979, the division shall develop a training course and qualification test
designed to enable peace officers and environmental officers to ascertain
violations of such standards without reference to opacity levels and to distinguish
between air pollutants as defined in section 25-7-103 (1.5), C.R.S., and steam or
water vapor.

(b) (I) The Colorado state patrol of the department of public safety shall
offer the training course and qualification test.

(II) (Deleted by amendment, L. 96, p. 1263, � 171, effective August 7, 1996.)

(3) (a) This section shall apply only to motor vehicles intended, designed, and
manufactured primarily for use in carrying passengers or cargo on roads, streets,
and highways.

(b) Subparagraph (II) of paragraph (a) of subsection (1) of this section shall
apply to all areas of the state except the program area, which program area shall
be subject to section 42-4-413.

(4) (a) Effective January 1, 1980, the offense of causing air pollution pursuant
to this section, upon conviction, is punishable by a fine of twenty-five dollars.

(b) Subsequent offenses involving the same motor vehicle within one year of
a conviction under the provisions of paragraph (a) of this subsection (4), upon
conviction, shall be punishable by a fine of one hundred dollars.

(c) Any owner who receives a citation under the provisions of this section
may continue to use the vehicle for which the offense is alleged, without restriction,
until such owner's conviction.

(d) Any fines collected pursuant to the provisions of this subsection (4) shall
be divided in equal amounts and transmitted to the treasurer of the local
jurisdiction in whose name the penalty was assessed and to the state treasurer for
credit to the general fund.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2322, � 1, effective January 1, 1995. L. 95: (1)(a) amended, p. 955, � 12, effective May 25. L. 96: (2) amended, p. 1263, � 171, effective August 7. L. 2002: IP(1)(a) amended, p. 1561, � 366, effective October 1. L. 2003: (1)(b) and (4)(c) amended, p. 1025, � 5, effective August 6. L. 2009: (3)(b) amended, (SB 09-003), ch. 322, p. 1720, � 5, effective June 1. L. 2021: IP(1)(a) amended, (SB 21-271), ch. 462, p. 3304, � 727, effective March 1, 2022.