§ 19-0320 — Emissions inspections of heavy duty vehicles

§ 19-0320. Emissions inspections of heavy duty vehicles.\n 1. When used in this section:\n a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and\nhaving a gross vehicle weight of greater than eight thousand five\nhundred pounds, except that those vehicles defined in sections one\nhundred one, subparagraph two of paragraph E and subparagraph (a) of\nparagraph F of subdivision seven of section four hundred one of the\nvehicle and traffic law, and vehicles specified in subdivision thirteen\nof section four hundred one of the vehicle and traffic law, and farm\ntype tractors and all terrain type vehicles used exclusively for\nagricultural or mowing purposes, or for snow plowing, other than for\nhire, farm equipment, including self-propelled machines used exclusively\nin growing, harvesting or handling farm produce, and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, and timber harvesting equipment such as harvesters, wood\nchippers, forwarders, log skidders, and other processing equipment used\nexclusively off highway for timber harvesting and logging purposes,\nshall not be deemed heavy duty vehicles for purposes of this section.\n b. "Roadside program" means a roadside examination program conducted\npursuant to the heavy duty vehicle emissions reduction act for the\ninspection of emissions and emission control equipment, at any public or\nquasi-public location as designated by the commissioner of\ntransportation with the concurrence of the department and, where\nappropriate, the New York state thruway authority.\n c. "Annual inspection program" means a program in which heavy duty\nvehicles registered or required to be registered in counties in the\nstate designated as being in serious, severe or extreme non-attainment\nof the National Ambient Air Quality Standard for ozone pursuant to the\n1990 amendments of the federal Clean Air Act (42 U.S.C. 7511) are\nannually inspected in accordance with this article.\n 2. The department, jointly with the departments of motor vehicles and\ntransportation, shall develop a program for the inspection of emissions\nfrom heavy duty vehicles. Such inspection program shall consist of an\nannual inspection program and a roadside program. The annual inspection\nprogram developed in accordance with this section shall be limited to\nheavy duty vehicles registered or required to be registered in counties\nin the state designated as being in serious, severe or extreme\nnon-attainment of the National Ambient Air Quality Standard for ozone\npursuant to the 1990 amendments of the federal Clean Air Act (42 U.S.C.\n7511). Under no circumstances shall such program require heavy duty\nvehicles to meet emission standards more stringent than the new vehicle\nemission standards to which such vehicles were certified pursuant to the\nfederal Clean Air Act. The department shall, with the department of\ntransportation and, where appropriate, the New York state thruway\nauthority, jointly develop criteria for roadside program site selection\nand procedures for the control of traffic and operation of such sites.\n 3. The department, jointly with the departments of motor vehicles and\ntransportation, shall adopt rules and regulations establishing test\nstandards, method, and equipment for the period of effectiveness of this\nsection. The department shall adopt such rules and regulations and\nimplement such program by June first, nineteen hundred ninety-nine. The\ndepartment shall consider establishing a hardship waiver based on an\nevaluation of fleet size and cost of effective repair, and shall\nconsider exempting from the roadside inspection vehicles that\nsuccessfully pass an annual inspection as approved by the commissioner.\n 4. Notwithstanding the provisions of title twenty-one of article\nseventy-one of this chapter, operation of a heavy duty vehicle which,\nwhen tested, exceeds emission levels set forth in regulations\npromulgated pursuant to this section shall be a violation, and the\nfollowing penalties shall apply to any violation found as a result of\nroadside emissions inspections:\n a. First violation: $ 700.00\n Second and subsequent violations: $1300.00.\n b. The penalties set forth in paragraph a of this subdivision shall be\nreduced to one hundred fifty dollars for the first violation and five\nhundred dollars for the second and subsequent violations by the court or\nadministrative tribunal before which the summons or appearance ticket is\nreturnable if the violation set forth in the summons or appearance\nticket is corrected not later than thirty days after the issuance of the\nsummons or appearance ticket and proof of such correction, as defined in\nparagraph c of this subdivision, is submitted to the court or\nadministrative tribunal. The penalties described in this section shall\nnot apply to vehicles defined by section one hundred forty-two of the\nvehicle and traffic law or owned by a county, town, city, or village for\na first violation provided the vehicle is repaired within thirty days of\nticket issuance.\n c. Acceptable proof of repair or adjustment shall be submitted to the\ncourt or administrative tribunal on or before the return date of the\nsummons or appearance ticket in a form and manner prescribed by\nregulations adopted pursuant to this section.\n 5. Notwithstanding the provisions of title twenty-one of article\nseventy-one of this chapter, operation of any heavy duty vehicle\nregistered or required to be registered in this state without a\ncertificate of inspection resulting from an annual inspection as\nrequired by regulations adopted pursuant to this section shall be a\nviolation, and the following violation structure shall apply to such\nviolations:\n a. First violation: $ 700.00\n Second and subsequent violations: $1300.00.\n b. The penalties defined in paragraph a of this subdivision shall be\nreduced to three hundred fifty dollars for the first violation and seven\nhundred fifty dollars for second and subsequent violations, provided\nthat the vehicle in question bears a certificate which was valid within\nthe last thirty days. The penalties described in this section shall not\napply to vehicles defined by section one hundred forty-two or owned by a\ncounty, town, city, or village of the vehicle and traffic law for a\nfirst violation provided the vehicle is repaired within thirty days of\nticket issuance.\n 6. Vehicles found in violation of applicable emission standards\nimplemented pursuant to this program shall not be subject to impoundment\nor otherwise prevented from engaging in commerce as a result of this\nprogram.\n 6-a. Notwithstanding the provisions of this section, no penalty shall\nbe imposed pursuant to this section where the operator of such vehicle\nhas been convicted of the same violation arising from the same incident\npursuant to section three hundred one-b of the vehicle and traffic law.\n 7. The department shall, to the extent practicable, coordinate with\nappropriate agencies in the states in the northeast ozone transport\nregion and which have proposed or adopted heavy duty emission inspection\nprograms to promote regional consistency in such programs.\n