N.Y. Comp. Codes R. & Regs. tit. 17 § 600.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 600.4 - Roadside enforcement and penalties

(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.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 600.4