§ 19-0320. Emissions inspections of heavy duty vehicles.

1. When used in this section:

a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and
having a gross vehicle weight of greater than eight thousand five
hundred pounds, except that those vehicles defined in sections one
hundred one, subparagraph two of paragraph E and subparagraph (a) of
paragraph F of subdivision seven of section four hundred one of the
vehicle and traffic law, and vehicles specified in subdivision thirteen
of section four hundred one of the vehicle and traffic law, and farm
type tractors and all terrain type vehicles used exclusively for
agricultural or mowing purposes, or for snow plowing, other than for
hire, farm equipment, including self-propelled machines used exclusively
in growing, harvesting or handling farm produce, and self-propelled
caterpillar or crawler-type equipment while being operated on the
contract site, and timber harvesting equipment such as harvesters, wood
chippers, forwarders, log skidders, and other processing equipment used
exclusively off highway for timber harvesting and logging purposes,
shall not be deemed heavy duty vehicles for purposes of this section.

b. "Roadside program" means a roadside examination program conducted
pursuant to the heavy duty vehicle emissions reduction act for the
inspection of emissions and emission control equipment, at any public or
quasi-public location as designated by the commissioner of
transportation with the concurrence of the department and, where
appropriate, the New York state thruway authority.

c. "Annual inspection program" means a program in which heavy duty
vehicles registered or required to be registered in counties in the
state designated as being in 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 (42 U.S.C. 7511) are
annually inspected in accordance with this article.

2. The department, jointly with the departments of motor vehicles and
transportation, shall develop a program for the inspection of emissions
from heavy duty vehicles. Such inspection program shall consist of an
annual inspection program and a roadside program. The annual inspection
program developed in accordance with this section shall be limited to
heavy duty vehicles registered or required to be registered in counties
in the state designated as being in 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 (42 U.S.C.
7511). Under no circumstances shall such program require heavy duty
vehicles to meet emission standards more stringent than the new vehicle
emission standards to which such vehicles were certified pursuant to the
federal Clean Air Act. The department shall, with the department of
transportation and, where appropriate, the New York state thruway
authority, jointly develop criteria for roadside program site selection
and procedures for the control of traffic and operation of such sites.

3. The department, jointly with the departments of motor vehicles and
transportation, shall adopt rules and regulations establishing test
standards, method, and equipment for the period of effectiveness of this
section. The department shall adopt such rules and regulations and
implement such program by June first, nineteen hundred ninety-nine. The
department shall consider establishing a hardship waiver based on an
evaluation of fleet size and cost of effective repair, and shall
consider exempting from the roadside inspection vehicles that
successfully pass an annual inspection as approved by the commissioner.

4. Notwithstanding the provisions of title twenty-one of article
seventy-one of this chapter, operation of a heavy duty vehicle which,
when tested, exceeds emission levels set forth in regulations
promulgated pursuant to this section shall be a violation, and the
following penalties shall apply to any violation found as a result of
roadside emissions inspections:

a. First violation: $ 700.00

Second and subsequent violations: $1300.00.

b. The penalties set forth in paragraph a of this subdivision shall be
reduced to one hundred fifty dollars for the first violation and five
hundred dollars for the second and subsequent violations by the court or
administrative tribunal before which the summons or appearance ticket is
returnable if the violation set forth in the summons or appearance
ticket is corrected not later than thirty days after the issuance of the
summons or appearance ticket and proof of such correction, as defined in
paragraph c of this subdivision, is submitted to the court or
administrative tribunal. The penalties described in this section shall
not apply to vehicles defined by section one hundred forty-two of the
vehicle and traffic law or owned by a county, town, city, or village for
a first violation provided the vehicle is repaired within thirty days of
ticket issuance.

c. Acceptable proof of repair or adjustment shall be submitted to the
court or administrative tribunal on or before the return date of the
summons or appearance ticket in a form and manner prescribed by
regulations adopted pursuant to this section.

5. Notwithstanding the provisions of title twenty-one of article
seventy-one of this chapter, operation of any heavy duty vehicle
registered or required to be registered in this state without a
certificate of inspection resulting from an annual inspection as
required by regulations adopted pursuant to this section shall be a
violation, and the following violation structure shall apply to such
violations:

a. First violation: $ 700.00

Second and subsequent violations: $1300.00.

b. The penalties defined in paragraph a of this subdivision shall be
reduced to three hundred fifty dollars for the first violation and seven
hundred fifty dollars for second and subsequent violations, provided
that the vehicle in question bears a certificate which was valid within
the last thirty days. The penalties described in this section shall not
apply to vehicles defined by section one hundred forty-two or owned by a
county, town, city, or village of the vehicle and traffic law for a
first violation provided the vehicle is repaired within thirty days of
ticket issuance.

6. Vehicles found in violation of applicable emission standards
implemented pursuant to this program shall not be subject to impoundment
or otherwise prevented from engaging in commerce as a result of this
program.

6-a. Notwithstanding the provisions of this section, no penalty shall
be imposed pursuant to this section where the operator of such vehicle
has been convicted of the same violation arising from the same incident
pursuant to section three hundred one-b of the vehicle and traffic law.

7. The department shall, to the extent practicable, coordinate with
appropriate agencies in the states in the northeast ozone transport
region and which have proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.