New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 217 - MOTOR VEHICLE EMISSIONS › Subpart 217-5 - HEAVY DUTY INSPECTION AND MAINTENANCE PROGRAM › Section 217-5.7 - Enforcement and penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Enforcement of this Subpart may only be performed by authorized State or
					 municipal law enforcement officials, and certified inspectors authorized by
					 NYSDOT, NYSDMV, or NYSDEC to inspect and test HDDVs in accordance with this
					 Subpart. Additionally, roadside or random HDDV emissions inspections will be
					 performed at a public or quasi-public location designated by the New York State
					 Commissioner of Transportation with the concurrence of NYSDEC and, where
					 appropriate, the New York State Thruway Authority in accordance with the
					 requirements set forth in this section.
(b) The following penalties will apply to the
					 owner/operator of any HDDV found in violation of any provision of section
					 217-5.4(a) 
					 of this Subpart:
(1) first violation:
					 $700.00;
(2) second and subsequent
					 violations: $1,300.00; and
(3) the
					 penalties will be reduced to $150.00 for the first violation and $500.00 for
					 the second and subsequent violations of section
					 217-5.4(a) 
					 of this Subpart provided:
(i) the violation is
					 corrected and the vehicle is retested and reinspected at a NYSDMV ODEIS no
					 later than 30 days after the issuance of the summons or appearance ticket;
					 and
(ii) acceptable proof of repair
					 or adjustment is submitted to the court or administrative tribunal on or before
					 the return date of the summons or appearance ticket in the following form:
(a) a NYSDEC/NYSDMV form entitled "Proof of
					 HDDV Repair" certified by both the repair facility and reinspection station;
					 and
(b) an itemized bill of repairs
					 from the repair facility.
(c) The
					 following penalties will apply to the owner/operator of any HDDV found in
					 violation of any provision of section
					 217-5.4(b) 
					 of this Subpart:
(1) first violation:
					 $700.00;
(2) second and subsequent
					 violations: $1,300.00; and
(3) the
					 penalties will be reduced to $350.00 for the first violation and $750.00 for
					 the second and subsequent violations of section
					 217-5.4(b) 
					 of this Subpart provided:
(i) the vehicle
					 deemed to be in violation bears an annual diesel emissions inspection
					 certificate which was issued by a certified inspector within 30 days after the
					 issuance of the summons or appearance ticket; and
(ii) proof of inspection is provided to the
					 court or administrative tribunal on or before the return date of the summons or
					 appearance ticket.
(d) The penalties for a first violation
					 described in subdivisions (b) and (c) of this section shall not apply to school
					 buses and municipally owned vehicles, provided:
(1) the violation is corrected and the
					 vehicle is retested and reinspected at a NYSDMV ODEIS no later than 30 days
					 after the issuance of the summons or appearance ticket; and
(2) acceptable proof of repair or adjustment
					 is submitted to the court or administrative tribunal on or before the return
					 date of the summons or appearance ticket in the following form:
(i) a form (NYSDEC/NYSDMV form) entitled
					 "Proof of HDDV Repair" certified by both the repair facility and reinspection
					 station; and
(ii) itemized bill of
					 repairs from the repair facility.
(e) For the purpose of enforcing or
					 administering this section the department, or an authorized representative, has
					 the right of entry to any premises owned, operated, used, leased or rented by
					 the ODEIS and a fleet self inspection facility to test and inspect HDDV for the
					 purpose of inspecting and auditing facilities records, test equipment and
					 testing procedures pursuant to Environmental Conservation Law, article 71; the
					 following penalties shall apply to any certified inspector and/or
					 licensed/registered HDDV emissions inspection facility found in violation of
					 the testing procedures and requirements mandated in this Subpart:
(1) first violation: $500.00; and
(2) second and subsequent violations: not
					 less than $1,000.00 nor more than $3,000.00, and shall be grounds to revoke the
					 HDDV emission inspection and testing certification and/or license/registration
					 issued by an authorized agency of New York State.