New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter C - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Part 600 - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Section 600.4 - Roadside enforcement and penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The roadside and destination enforcement
				  of this Part shall be performed by certified inspectors authorized by the
				  Department of Transportation to inspect and test heavy duty diesel vehicles
				  (HDDVs). Such certified inspectors performing roadside diesel emissions
				  inspections are specifically authorized to perform such inspections at rest
				  areas and parking areas along limited access State highways and at motor
				  carrier terminals, as well as at other public or quasi-public location
				  designated by the Commissioner of Transportation with the concurrence of NYSDEC
				  and, where appropriate, the New York State Thruway Authority. Such sites shall
				  be determined by department or State Police representatives to be a location
				  where such inspections can be performed in a safe manner.
(b) In accordance with the provisions of
				  subdivision 4 of section 19-0320  of the Environmental
				  Conservation Law and 6 NYCRR section 217-5.4(a), the following penalties shall
				  apply to the operator of any HDDV found in violation of this subdivision during
				  a roadside or destination inspection:
(1)
				  first violation: $700.00;
(2)
				  second and subsequent violations: $1,300.00;
(3) the penalties will be reduced to $150.00
				  for the first violation and $500.00 for the second and subsequent violations of
				  6 NYCRR section 217- 5.4(a), as incorporated by this Part, provided:
(i) the violation is corrected and the
				  vehicle is retested and reinspected at a New York State Department of Motor
				  Vehicles (NYSDMV) Official Diesel Emission Inspection Station (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;
(4) the penalties for a first violation
				  described in this subdivision shall not apply to school buses and municipally
				  owned vehicles, 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) itemized bill of repairs
				  from the repair facility;
(5) refusal by an operator to submit to a
				  diesel emissions inspection of an HDDV shall be considered a test failure and
				  shall be subject to the fines listed in paragraphs (1) and (2) of this
				  subdivision.