N.Y. Environmental Conservation Law § 19-0320: Emissions inspections of heavy duty vehicles

§ 19-0320. Emissions inspections of heavy duty vehicles.

1. When used in this section:

a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and

having a gross vehicle weight of greater than eight thousand five

hundred pounds, except that those vehicles defined in sections one

hundred one, subparagraph two of paragraph E and subparagraph (a) of

paragraph F of subdivision seven of section four hundred one of the

vehicle and traffic law, and vehicles specified in subdivision thirteen

of section four hundred one of the vehicle and traffic law, and farm

type tractors and all terrain type vehicles used exclusively for

agricultural or mowing purposes, or for snow plowing, other than for

hire, farm equipment, including self-propelled machines used exclusively

in growing, harvesting or handling farm produce, and self-propelled

caterpillar or crawler-type equipment while being operated on the

contract site, and timber harvesting equipment such as harvesters, wood

chippers, forwarders, log skidders, and other processing equipment used

exclusively off highway for timber harvesting and logging purposes,

shall not be deemed heavy duty vehicles for purposes of this section.

b. "Roadside program" means a roadside examination program conducted

pursuant to the heavy duty vehicle emissions reduction act for the

inspection of emissions and emission control equipment, at any public or

quasi-public location as designated by the commissioner of

transportation with the concurrence of the department and, where

appropriate, the New York state thruway authority.

c. "Annual inspection program" means a program in which heavy duty

vehicles registered or required to be registered in counties in the

state designated as being in serious, severe or extreme non-attainment

of the National Ambient Air Quality Standard for ozone pursuant to the

1990 amendments of the federal Clean Air Act (42 U.S.C. 7511) are

annually inspected in accordance with this article.

2. The department, jointly with the departments of motor vehicles and

transportation, shall develop a program for the inspection of emissions

from heavy duty vehicles. Such inspection program shall consist of an

annual inspection program and a roadside program. The annual inspection

program developed in accordance with this section shall be limited to

heavy duty vehicles registered or required to be registered in counties

in the state designated as being in serious, severe or extreme

non-attainment of the National Ambient Air Quality Standard for ozone

pursuant to the 1990 amendments of the federal Clean Air Act (42 U.S.C.

7511). Under no circumstances shall such program require heavy duty

vehicles to meet emission standards more stringent than the new vehicle

emission standards to which such vehicles were certified pursuant to the

federal Clean Air Act. The department shall, with the department of

transportation and, where appropriate, the New York state thruway

authority, jointly develop criteria for roadside program site selection

and procedures for the control of traffic and operation of such sites.

3. The department, jointly with the departments of motor vehicles and

transportation, shall adopt rules and regulations establishing test

standards, method, and equipment for the period of effectiveness of this

section. The department shall adopt such rules and regulations and

implement such program by June first, nineteen hundred ninety-nine. The

department shall consider establishing a hardship waiver based on an

evaluation of fleet size and cost of effective repair, and shall

consider exempting from the roadside inspection vehicles that

successfully pass an annual inspection as approved by the commissioner.

4. Notwithstanding the provisions of title twenty-one of article

seventy-one of this chapter, operation of a heavy duty vehicle which,

when tested, exceeds emission levels set forth in regulations

promulgated pursuant to this section shall be a violation, and the

following penalties shall apply to any violation found as a result of

roadside emissions inspections:

a. First violation: $ 700.00

Second and subsequent violations: $1300.00.

b. The penalties set forth in paragraph a of this subdivision shall be

reduced to one hundred fifty dollars for the first violation and five

hundred dollars for the second and subsequent violations by the court or

administrative tribunal before which the summons or appearance ticket is

returnable if the violation set forth in the summons or appearance

ticket is corrected not later than thirty days after the issuance of the

summons or appearance ticket and proof of such correction, as defined in

paragraph c of this subdivision, is submitted to the court or

administrative tribunal. The penalties described in this section shall

not apply to vehicles defined by section one hundred forty-two of the

vehicle and traffic law or owned by a county, town, city, or village for

a first violation provided the vehicle is repaired within thirty days of

ticket issuance.

c. Acceptable proof of repair or adjustment shall be submitted to the

court or administrative tribunal on or before the return date of the

summons or appearance ticket in a form and manner prescribed by

regulations adopted pursuant to this section.

5. Notwithstanding the provisions of title twenty-one of article

seventy-one of this chapter, operation of any heavy duty vehicle

registered or required to be registered in this state without a

certificate of inspection resulting from an annual inspection as

required by regulations adopted pursuant to this section shall be a

violation, and the following violation structure shall apply to such

violations:

a. First violation: $ 700.00

Second and subsequent violations: $1300.00.

b. The penalties defined in paragraph a of this subdivision shall be

reduced to three hundred fifty dollars for the first violation and seven

hundred fifty dollars for second and subsequent violations, provided

that the vehicle in question bears a certificate which was valid within

the last thirty days. The penalties described in this section shall not

apply to vehicles defined by section one hundred forty-two or owned by a

county, town, city, or village of the vehicle and traffic law for a

first violation provided the vehicle is repaired within thirty days of

ticket issuance.

6. Vehicles found in violation of applicable emission standards

implemented pursuant to this program shall not be subject to impoundment

or otherwise prevented from engaging in commerce as a result of this

program.

6-a. Notwithstanding the provisions of this section, no penalty shall

be imposed pursuant to this section where the operator of such vehicle

has been convicted of the same violation arising from the same incident

pursuant to section three hundred one-b of the vehicle and traffic law.

7. The department shall, to the extent practicable, coordinate with

appropriate agencies in the states in the northeast ozone transport

region and which have proposed or adopted heavy duty emission inspection

programs to promote regional consistency in such programs.