Legislation
SECTION 301-B
Heavy duty vehicle emissions
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 5
§ 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to
operate a heavy duty vehicle which, when tested, exceeds emissions
levels set forth in section 19-0320 of the environmental conservation
law or regulations adopted thereunder. 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 this
chapter 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.
2. It shall be a violation to operate 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 section 19-0320 of the environmental conservation law or
regulations adopted thereunder. 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 of this
chapter or owned by a county, town, city, or village for a first
violation provided the vehicle is inspected within thirty days of ticket
issuance.
3. Any fines collected for violations of this section shall be
deposited in the clean air fund, to the credit of the mobile source
account in accordance with the provisions of section ninety-seven-oo of
the state finance law.
4. 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 19-0320 of the environmental conservation law.
operate a heavy duty vehicle which, when tested, exceeds emissions
levels set forth in section 19-0320 of the environmental conservation
law or regulations adopted thereunder. 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 this
chapter 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.
2. It shall be a violation to operate 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 section 19-0320 of the environmental conservation law or
regulations adopted thereunder. 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 of this
chapter or owned by a county, town, city, or village for a first
violation provided the vehicle is inspected within thirty days of ticket
issuance.
3. Any fines collected for violations of this section shall be
deposited in the clean air fund, to the credit of the mobile source
account in accordance with the provisions of section ninety-seven-oo of
the state finance law.
4. 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 19-0320 of the environmental conservation law.