NY Env Conserv L § 19-0320 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0320 - Emmissions 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:                    $ 700.00Second 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:                    $ 700.00Second 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.