§ 301-B — Heavy duty vehicle emissions

§ 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to\noperate a heavy duty vehicle which, when tested, exceeds emissions\nlevels set forth in section 19-0320 of the environmental conservation\nlaw or regulations adopted thereunder. The following penalties shall\napply to any violation found as a result of roadside emissions\ninspections:\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 this\nchapter or owned by a county, town, city, or village for a first\nviolation provided the vehicle is repaired within thirty days of ticket\nissuance.\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 2. It shall be a violation to operate 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 section 19-0320 of the environmental conservation law or\nregulations adopted thereunder. The following violation structure shall\napply to such violations:\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 of this\nchapter or owned by a county, town, city, or village for a first\nviolation provided the vehicle is inspected within thirty days of ticket\nissuance.\n 3. Any fines collected for violations of this section shall be\ndeposited in the clean air fund, to the credit of the mobile source\naccount in accordance with the provisions of section ninety-seven-oo of\nthe state finance law.\n 4. Notwithstanding the provisions of this section, no penalty shall be\nimposed pursuant to this section where the operator of such vehicle has\nbeen convicted of the same violation arising from the same incident\npursuant to section 19-0320 of the environmental conservation law.\n