N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 217-5.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 217-5.7 - Enforcement and penalties

(a) Enforcement of this Subpart may only be performed by authorized State or municipal law enforcement officials, and certified inspectors authorized by NYSDOT, NYSDMV, or NYSDEC to inspect and test HDDVs in accordance with this Subpart. Additionally, roadside or random HDDV emissions inspections will be performed at a public or quasi-public location designated by the New York State Commissioner of Transportation with the concurrence of NYSDEC and, where appropriate, the New York State Thruway Authority in accordance with the requirements set forth in this section.

(b) The following penalties will apply to the owner/operator of any HDDV found in violation of any provision of section 217-5.4(a) of this Subpart:

(1) first violation: $700.00;

(2) second and subsequent violations: $1,300.00; and

(3) the penalties will be reduced to $150.00 for the first violation and $500.00 for the second and subsequent violations of section 217-5.4(a) of this Subpart 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) an itemized bill of repairs from the repair facility.

(c) The following penalties will apply to the owner/operator of any HDDV found in violation of any provision of section 217-5.4(b) of this Subpart:

(1) first violation: $700.00;

(2) second and subsequent violations: $1,300.00; and

(3) the penalties will be reduced to $350.00 for the first violation and $750.00 for the second and subsequent violations of section 217-5.4(b) of this Subpart 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.

(d) The penalties for a first violation described in subdivisions (b) and (c) of this section shall not apply to school buses and municipally owned vehicles, provided:

(1) 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

(2) 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:

(i) a form (NYSDEC/NYSDMV form) entitled "Proof of HDDV Repair" certified by both the repair facility and reinspection station; and

(ii) itemized bill of repairs from the repair facility.

(e) For the purpose of enforcing or administering this section the department, or an authorized representative, has the right of entry to any premises owned, operated, used, leased or rented by the ODEIS and a fleet self inspection facility to test and inspect HDDV for the purpose of inspecting and auditing facilities records, test equipment and testing procedures pursuant to Environmental Conservation Law, article 71; the following penalties shall apply to any certified inspector and/or licensed/registered HDDV emissions inspection facility found in violation of the testing procedures and requirements mandated in this Subpart:

(1) first violation: $500.00; and

(2) second and subsequent violations: not less than $1,000.00 nor more than $3,000.00, and shall be grounds to revoke the HDDV emission inspection and testing certification and/or license/registration issued by an authorized agency of New York State.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 217-5.7