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 218 - Emission Standards For Motor Vehicles And Motor Vehicle Engines › Subpart 218-2 - Certification and Prohibitions › Section 218-2.1 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
					 is unlawful for any person to sell or register, offer for sale or lease,
					 import, deliver, purchase, rent, lease, acquire or receive a 1993, 1994, 1996
					 or subsequent model-year, new or used motor vehicle, new motor vehicle engine
					 or motor vehicle with a new motor vehicle engine in the State of New York which
					 is not certified to California emission standards and meets all other
					 applicable requirements of California Code of Regulations, title 13, sections
					 1956.8,
					 1956.9¸1960.1, 1960.1.5,
					 1960.5, 1961, 1961.1, 1961.2, 1961.3, 1961.4, 1962, 1962.1, 1962.2, 1962.3,
					 1962.4, 1962,5, 1962.6, 1962.7, 1962.8, 1963, 1963.1, 1963.2, 1963.3, 1963.4,
					 1963.5, 1964, 1965, 1968.1, 1968.2, 1969, 1971.1, 1976, 1978, 2030, 2031, 2047,
					 2065, 2235 and article 1.5 (see Table 1, section
					 200.9  of this Title) and is
					 otherwise not in compliance with the Environmental Conservation Law and these
					 departmental regulations. Vehicles that have been certified to standards
					 promulgated pursuant to the authority contained in
					 42 USC
					 7521 (see Table 1, section
					 200.9  of this Title) and that are
					 in the possession of a rental agency in New York that are next rented with a
					 final destination outside of New York will not be deemed as being in violation
					 of this prohibition.
(b) This Part
					 does not apply to:
(1) a vehicle acquired by
					 a resident of this State for the purpose of replacing a vehicle registered to
					 such resident which was damaged or became inoperative beyond reasonable repair
					 or was stolen while out of this State; provided that such replacement vehicle
					 is acquired out of state at the time the previously owned vehicle was either
					 damaged or became inoperative or was stolen; or
(2) a vehicle transferred by inheritance;
					 or
(3) a vehicle transferred by
					 court decree; or
(4) any vehicle
					 sold after the effective date of this Subpart if the vehicle was registered in
					 this State before such effective date; or
(5) any motor vehicle having a certificate of
					 conformity issued pursuant to the Clean Air Act (42 U.S.C. section
					 7401
et seq.
) (see Table 1,
					 section 200.9  of this Title) and originally
					 registered in another state by a resident of that state who subsequently
					 establishes residence in this State and who upon registration of the vehicle in
					 this State provides satisfactory evidence to the New York State Department of
					 Motor Vehicles of the previous residence and registration; or
(6) emergency vehicles; or
(7) military tactical vehicles and equipment;
					 or
(8) model year 2026 and
					 subsequent diesel fueled engines used exclusively for bus lines, as referenced
					 by 13 CCR 1956.8(a)(2)(F), for which there is no CARB certification;
					 or
(9) vehicles exempted by
					 California Health and Safety Code, section 43656 (See Table 1, section
					 200.9  of this
					 Title).