Current through Register Vol. 46, No. 12, March 20, 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.
(c) In
accordance with the provisions of subdivision 5 of section
19-0320 of the Environmental
Conservation Law and 6 NYCRR section 217-5.4(b), the following penalties shall
apply to the operator of any HDDV found to have failed to obtain an annual
diesel emissions inspection of an HDDV registered in a county in the state
designated as being a 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:
(1) first violation:
$700.00;
(2) second and subsequent
violations: $1,300.00;
(3) the
penalties will be reduced to $350.00 for the first violation and $750.00 for
the second and subsequent violations of 6 NYCRR section 217- 5.4(b), as
incorporated by this Part, 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;
(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.
