New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter F - BUSINESSES REQUIRING LICENSES
Part 79 - Motor Vehicle Inspection
Section 79.26 - Vehicles subject to diesel emissions inspection
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Applicability.
(b) Pre-emission inspection check
(c) Standards.
(d) Diesel emissions test procedure.
Subject vehicles registered in the NYMA will receive this test. The test will, in general, consist of entering appropriate vehicle data on the form VS-1074SA, and obtaining a sample of the vehicle's exhaust per the equipment manufacturer's instructions. The system will measure the exhaust particulates and indicate if the vehicle has passed or failed the emissions test. The system will print out the results and a copy of the print out must be given to the customer. The inspection station must also retain a copy of the test results, which will be attached to the motor vehicle inspection record (VS-1074SD). An emissions test will be considered invalid if the vehicle inspection system indicates an invalid test reading. In addition, vehicles subject to the diesel emissions inspection are also subject to the procedures in subdivision (g) of this section.
(e) Effect of failure of diesel emissions test.
Subject vehicles must pass the safety inspection and the emissions test in order for any inspection certificate to be issued. If the vehicle fails to pass either the emissions test or the safety inspection, or combination, an inspection rejection notice must be given to the operator. A certificate of inspection cannot be issued until appropriate repairs are made to reduce the exhaust emissions level within the test limits or until appropriate repairs are made to the failed safety inspection items or both or until it qualifies for a diesel emissions waiver (VS-1079DE). The cost to repair safety items does not count towards the emissions waiver cost limit.
(f) Diesel emissions reinspection procedure and fees.
If a vehicle fails a safety and/or diesel emissions inspection, and is not removed from the station for repair, these shall be no charge for reinspection of such vehicle. If a vehicle fails both the safety and diesel emissions portions of the inspection, and is removed from the inspection station for repairs, the inspection station or any other inspection station must conduct a full inspection during the reinspection of the vehicle. If a vehicle fails the safety portion of an inspection but passes the diesel emissions portion, and is removed from the inspection station for repairs, and is brought back to the same inspection station within 30 days, the inspection station shall conduct only the safety portion of the inspection and must charge only the safety portion of the inspection fee as set forth in section 79.7(c) of this Part. If a vehicle passes the safety portion of the inspection but fails the diesel emissions portion, and is removed from the inspection station for repairs, and is brought to the same inspection station within 30 days, the inspection station shall conduct only the diesel emissions portion of the inspection and must charge only the diesel emissions portion of the inspection fee as set forth in section 79.7(c) of this Part. An inspection station to which a vehicle is presented for reinspection more than 30 days after rejection must perform a full inspection. If a vehicle is presented for reinspection to a station other than the station that rejected the vehicle, a full inspection must be performed.
(g) Emissions control devices.
Vehicles subject to the diesel emissions inspection program must be inspected for the presence and condition of devices designed to control diesel emissions. The vehicle must be rejected if any such device is missing, disconnected, or disabled. The certified motor vehicle inspector shall inspect those emissions control devices that the motor vehicle was originally equipped with by the manufacturer, and those emissions control devices that have been retrofitted into the motor vehicle in accordance with State or Federal laws or regulations.
(h) Diesel emissions inspection waiver.
Minimum hardship waiver repair costs by MGW |
|
MGW |
Minimum repair cost for waiver |
8,501 to 18,000 lbs | $1,000 |
18,001 to 26,000 lbs | $2,000 |
Over 26,000 lbs | $4,000 |