N.Y. Vehicle & Traffic Law § 301-b: Heavy duty vehicle emissions

§ 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to

operate a heavy duty vehicle which, when tested, exceeds emissions

levels set forth in section 19-0320 of the environmental conservation

law or regulations adopted thereunder. 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 this

chapter 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.

2. It shall be a violation to operate 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 section 19-0320 of the environmental conservation law or

regulations adopted thereunder. 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 of this

chapter or owned by a county, town, city, or village for a first

violation provided the vehicle is inspected within thirty days of ticket

issuance.

3. Any fines collected for violations of this section shall be

deposited in the clean air fund, to the credit of the mobile source

account in accordance with the provisions of section ninety-seven-oo of

the state finance law.

4. 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 19-0320 of the environmental conservation law.