D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 217-5: Heavy Duty Inspection and Maintenance Program

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, 71-2105; Vehicle and Traffic Law, §§ 301[c], 375.28)

[Filed 9/30/02. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Mobile Sources and Technology Development at (518) 402-8292 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§217-5.1 Definitions

(a) Agricultural trucks means those vehicles as defined in subparagraph 401.7(E)(2) of the New York State Vehicle and Traffic Law (VTL).

(b) Authorized emergency vehicle means those vehicles defined in section 101 of the VTL.

(c) Bus means a vehicle as defined in section 104 of the VTL, as well as vehicles covered by 17 NYCRR Parts 720 or 721.

(d) CARB means the California State Air Resources Board as defined in California's Health and Safety Code, section 39003.

(e) Certified configuration means a heavy-duty diesel engine design or a light-duty diesel-powered motor vehicle-engine-chassis design certified as meeting the applicable CARB or EPA emission standards for heavy-duty diesel engines or light-duty diesel-powered motor vehicles manufactured in a given model year.

(f) Certified inspector means any person authorized by the NYSDEC, NYSDMV or NYSDOT, after successfully completing the applicable training, to determine whether a HDDV complies with the requirements of Subpart 217-5. NYSDOT fleet certified mechanics authorized to conduct HDDV emission inspections shall be considered certified inspectors for the purpose of conducting the required emissions inspections on a HDDV in the fleet of their employer.

(g) Diesel engine means a compression ignition type of internal combustion engine which operates on or is capable of operating on diesel fuel.

(h) Diesel-fueled vehicle means a diesel powered vehicle using or capable of using diesel fuel.

(i) Element of design means any part or system on a motor vehicle or a motor vehicle engine pertaining to the vehicle's or engine's certified configuration.

(j) Emission control apparatus means any device utilized by the vehicle manufacturer and/or the engine manufacturer to control the release of any regulated emission, including any associated component which monitors the function and maintenance of such a device.

(k) Exhaust emissions means the emissions (including any liquid or solid particles in the gaseous stream) released into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.

(l) Fleet Self Inspection Facility means any corporation, business, or facility that employees certifies inspectors and is authorized by NYSDEC, NYSDMV, or NYSDOT to perform emission testing to determine whether any HDDV owned or operated by such entity complies with the requirements of Subpart 217-5.

(m) Governor means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine RPM.

(n) Gross vehicle weight rating or GVWR means the value specified by the vehicle manufacturer as the maximum loaded weight of a single or combination vehicle.

(o) Heavy Duty Diesel Vehicle (HDDV) means a heavy duty vehicle powered by a diesel engine.

(p) Heavy Duty Vehicle means a vehicle that has a GVWR exceeding 8,500 pounds and is designed primarily for transporting persons or properties.

(q) High idle means the highest engine speed obtainable when the engine is disengaged from the transmission.

(r) Hybrid electric vehicle (HEV) means those vehicles as defined in 40 CFR section 86.1702-99.

(s) Low idle means the minimum operating speed of an engine with the accelerator pedal released and the transmission disengaged, as specified by the engine manufacturer.

(t) Marine Vessel means as defined in 1 U.S.C.Section 3.

(u) Maximum governed RPM means for an:

(1) engine which has a functioning governor, the manufacturer's recommended maximum engine speed as restricted by the governor; and

(2) ungoverned engine this term means a value of 80 percent of the manufacturer's recommended maximum engine speed.

(v) Model year means the engine manufacturer's annual production period, as defined in 40 CFR part 85, subpart X.

(w) Municipally Owned Vehicles means those vehicles owned and/or operated by a county, town, city, or village of the State of New York.

(x) New York City Metropolitan Area (NYCMA) means the area as defined in section 200.1(at) of this Title.

(y) NYSDEC or department means the New York State Department of Environmental Conservation.

(z) NYSDMV means the New York State Department of Motor Vehicles.

(aa) NYSDMV Official Diesel Emission Inspection Station or ODEIS means any person or association authorized by NYSDMV to conduct official diesel safety and emission testing and inspection.

(ab) NYSDOT means the New York State Department of Transportation

(ac) Nominal stack size means the exhaust pipe diameter to be used in conducting smoke opacity measurements to determine compliance with diesel smoke opacity standards, based on engine horsepower, as set forth in Table 2.

(ad) Oil temperature probe means a device integral or auxiliary to certain smokemeters which measures the engine crankcase oil temperature.

(ae) Opacity means the property of a substance whereby it partially or wholly obstructs the transmission of visible light expressed as the percentage to which light is attenuated.

(af) Particles means any material, except uncombined water, which exists as liquid particles or solid particles at standard temperature and pressure ranges.

(ag) Regulated emission means any solid, liquid or gaseous substance which is emitted from a motor vehicle or motor vehicle engine and which is regulated by the EPA pursuant to 40 CFR part 86.

(ah) Revolutions Per Minute (RPM) sensor means a mechanism integral or auxiliary to the smokemeter which senses the engine speed in revolutions per minute.

(ai) SAE J1667 means the Surface Vehicle Recommended Practice incorporated in document number J1667 published by the Society of Automotive Engineers in February 1996, entitled "Snap-Acceleration Smoke Test Procedure for Heavy Duty Diesel Powered Vehicles," as herein incorporated by reference (see Table 1, section 200.9 of this Title).

(aj) School bus means a vehicle as defined in section 142 of the VTL.

(ak) Smokemeter means smoke measurement equipment designed and manufactured in accordance with specifications set forth in section 217-5.6 of this Subpart. Only a model of a smokemeter certified by NYSDEC and operated in accordance with the manufacturer's operating procedures shall be considered a smokemeter for purposes of this Subpart.

(al) Tailpipe means the final downstream section of pipe in the exhaust system of a motor vehicle.

(am) Ungoverned engine means a diesel engine designed to be devoid of any mechanical or electronic contrivances designed or intended to limit maximum engine speed.

§217-5.2 Applicability

(a) General: This Subpart applies to all HDDV motor vehicles except for:

(1) authorized emergency vehicles;

(2) vehicles as defined in subparagraphs 401.7(E)(2), (F)(a) and 401.13 of the VTL;

(3) agricultural trucks;

(4) farm type tractors and all terrain type vehicles used exclusively for agriculture 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;

(5) marine vessels;

(6) hybrid electric vehicles using diesel engines as a power source; and

(7) military designated vehicles, meaning any motor vehicle owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or for training for such purposes.

(b) Annual NYCMA HDDV Emissions Inspection Program. Beginning June 1, 1999, all HDDVs registered or required to be registered in the NYCMA, except for buses, municipally owned vehicles, and those vehicles exempted in subdivision (a) of this section shall undergo and annually pass a diesel emissions inspection test performed by a certified inspector in accordance with this Subpart. Beginning June 1, 2000 all HDDVs registered or required to be registered in the NYCMA, except those vehicles exempted in subdivision (a) of this section, shall undergo and annually pass a diesel emissions inspection test performed by a certified inspector in accordance with this Subpart.

(1) Annual NYCMA NYSDOT HDDV Bus Inspection Program.

(i) All HDDVs registered or required to be registered in the NYCMA that are subject to the requirements of 17 NYCRR Part 720 or 721 shall annually undergo and pass a diesel emissions inspection test performed by a NYSDOT certified inspector in accordance with this Subpart at the time of a periodic NYSDOT bus safety inspection.

(ii) All buses that are HDDV's registered or required to be registered in the NYCMA that are not included in subparagraph (i) of this paragraph, or are owned by the state or a municipality that is a fleet self inspection facility shall annually undergo and pass a diesel emissions inspection test performed by a certified inspector and such test shall follow the procedures set forth in this Subpart.

(2) Annual NYCMA NYSDMV HDDV Inspections Program. All HDDVs registered or required to be registered in the NYCMA that are subject to the requirements of section 301 of the VTL shall annually undergo and pass a diesel emissions inspection test performed by a NYSDMV certified inspector in accordance with this Subpart at the time of a periodic NYSDMV safety inspection on a HDDV.

(c) Roadside HDDV Emissions Inspection. (1) Beginning June 1, 1999, all HDDVs operating in New York State except for buses, municipally owned vehicles, and those vehicles exempted in subdivision (a) of this section along public highways and quasi-public locations are subject to roadside or random inspection.

(2) Beginning June 1, 2000 all HDDVs operating in New York State, except those vehicles exempted in subdivision (a) of this section, along public highways and quasi-public locations are subject to roadside or random inspection.

§217-5.3 Heavy duty diesel emission standards

All HDDVs subject to the requirements of this Subpart and that operate in New York State, except for those exempted in section (a) of this Subpart, shall be subject to the smoke opacity standards set forth in Table 1 as follows:

Table 1
Smoke Opacity Standards for Heavy Duty Diesel-Fueled Vehicles
Engine Model Year Maximum Opacity
(percent)
1973 and Older 70
1974 - 1990 55
1991 and Newer 40

§217-5.4 Vehicle owner/operator requirements

(a) No person who owns, operates, registers, leases, or rents a HDDV subject to the requirements of this Subpart shall operate said vehicle, or allow or permit it to be operated in the State, if the vehicle:

(1) emits smoke in the exhaust emissions with an opacity which exceeds the smoke opacity standards specified in Table 1 of this Subpart pursuant to the effective dates established in section 217-5.2 of this Subpart, when tested in accordance with procedures set forth in section 217-5.5 of this Subpart;

(2) does not have functioning emission control apparatus as required by specifications of the manufacturer;

(3) has any component, element of design, or emission control apparatus, installed or required to be installed on the vehicle or diesel engine which:

(i) is not functioning and will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued; or

(ii) has been disconnected, detached, deactivated, tampered with or in any other way rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer, including any action which will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued.

(b) Except as provided in subdivision 217-5.2(a) of this Subpart, within 12 months of the effective dates listed in section 217-5.2 of this Subpart, and annually thereafter, no person who owns, operates, leases or rents a HDDV registered or required to be registered in the NYCMA shall permit the operation of that HDDV unless the HDDV has had its exhaust emissions tested by a certified inspector within the previous 12 months in accordance with the procedures set forth in section 217-5.5 of this Subpart and the exhaust emission opacity of the vehicle does not exceed the standards specified in Table 1 of this Subpart during the required emission test.

§217-5.5 Emissions inspection procedures and test methods

(a) General instructions for HDDV Emissions tests: (1) Equipment to be used in conducting a smoke opacity test on an HDDV in accordance with this subdivision shall satisfy all specifications and standards for a smokemeter as set forth in this Subpart, and be a model certified by NYSDEC pursuant to section 217-5.6 of this Subpart.

(2) Inspectors performing diesel emissions tests of exhaust emissions and inspections of diesel exhaust emission equipment shall be certified by NYSDMV, NYSDOT or NYSDEC to perform HDDV emission inspections and testing, after successfully completing a training program approved by such agencies. Such certified inspectors shall follow SAE J1667 test procedures and, when specified, other procedures included in this Subpart. No ODEIS or Certified Inspector may issue an emission certificate of inspection for a HDDV, unless that HDDV meets the requirements of this Subpart.

(3) The general procedures for a valid HDDV emissions test conducted by a certified inspector pursuant to the provisions of this Subpart in accordance with SAE J1667 are as follows:

(i) Prior to testing, verify that the certified smokemeter and associated and/or required auxiliary test equipment is calibrated in accordance with the requirements of the manufacturer.

(ii) Determine that the engine is at operating temperature as specified in SAE J1667.

(iii) Examine the vehicle exhaust system for integrity. If a detectable leak exists determine that the HDDV is in violation of section 217-5.4(a)(3) of this Subpart.

(iv) Perform the smoke testing on at least one exhaust tailpipe in accordance with SAE J1667.

(v) Ensure that the ambient temperature at the test location is within the conditions range specified in SAE J1667.

(vi) Before initiating the test, determine that all accessories and any engine braking devices are turned off.

(vii) Determine that the engine speed governor is in proper operating condition by:

(a) inquiring of the HDDV operator whether the governor is in proper operating condition; or

(b) if the determination cannot be made, instruct the operator that, with the transmission in either neutral (with the clutch disengaged if so equipped) or in park, gradually increase the engine speed. If the engine speed increases uncontrollably, instruct the operator to immediately release the accelerator pedal and the fuel supply to the engine. Discontinue emission testing of any vehicle with dysfunctional or out-of-specification engine speed governors. Do not resume testing unless and until speed governor repairs are made. Determine that the HDDV is in violation of section. 217-5.4(a)(3) of this Subpart if the necessary corrective action to repair the engine speed governor is not taken;

(viii) If inspecting a vehicle which was either equipped by the manufacturer or was retrofitted in accordance with State or Federal law or regulation with a catalytic converter, particulate trap or trap oxidizer, or any other exhaust after-treatment device, inspect the exhaust system for the presence of the device and for its physical integrity. Discontinue testing of any motor vehicle which exhibits any missing exhaust after-treatment device or perforating rust, crack, hole, tear, or other such physical defect in the device. Do not resume testing unless and until the defect(s) are repaired. Determine that the HDDV is in violation of section 217-5.4 of this Subpart if corrective action to repair the HDDV is not taken.

(ix) If, at any time before or during the inspection of a HDDV, continuous blue smoke is observed in the exhaust emissions for more than three seconds, discontinue the testing and determine that the vehicle is in violation of section 217-5.4 of this Subpart.

(x) At the conclusion of the emissions inspection of a HDDV by a certified inspector, print a copy of the test report produced by the smokemeter certified in accordance with section 217-5.6(a) of this Subpart and provide the report to the vehicle owner or operator.

(4) Vehicles found in violation of this Subpart are not subject to impoundment or otherwise prevented from engaging in commerce as a result of this Subpart.

(b) Annual NYCMA HDDV Emissions Inspections.

(1) Certified Inspectors performing annual HDDV emissions inspections shall:

(i) only affix a valid emission certificate of inspection to a HDDV that has met the emission and inspection requirements set forth in this Subpart;

(ii) issue test result to the HDDV owner/operator for each test performed; and

(iii) only issue test result to the owner/operator for the specific vehicle that has been tested.

(2) Certified NYSDMV ODEIS and/or fleet self inspection facilities shall:

(i) be licenced/registered by the appropriate New York State agency to perform HDDV emissions testing and inspection;

(ii) conspicuously display licences required under section 217-5.5(b)(2)(i) of this Subpart;

(iii) maintain test equipment in accordance with this section, manufacturer's specification, and SAE J1667;

(iv) maintain a current copy of SAE J1667 at facility;

(v) not pass any HDDV which does not meet the requirements set forth in section 217-5.4 of this Subpart;

(vi) not test or allow to test the exhaust emission on any HDDV which has been disqualified from testing for any reason until the reason for disqualification has been corrected;

(vii) issue test results to the HDDV owner/operator for each test performed;

(viii) not affix or allow anyone to affix a valid certificate of inspection to a HDDV unless it has met the emission and inspection requirements set forth in this section;

(ix) not issue or allow the issuance of test results to an owner/operator unless those results are measured from the vehicle tested; and

(x) maintain logs in accordance with a prescribed format.

(3) For the purpose of this subdivision the NYSDEC and NYSDMV, or an authorized representative, has the right of entry to any premises owned, operated, used, leased, or rented by ODEIS and a fleet self inspection facility to test and inspect HDDVs for the purpose of inspecting and auditing facilities, records, and test equipment.

(c) Roadside or Random HDDV Emissions Inspections. Certified Inspectors performing roadside diesel emissions inspections shall:

(1) be specifically authorized to perform such inspections 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;

(2) direct the operator of the vehicles to be inspected to move the vehicle to a safe location, if appropriate;

(3) issue the test result to the HDDV operator for each test performed; and

(4) only issue the test result to the HDDV operator for the specific vehicle that has been tested.

§217-5.6 Test equipment specifications and test procedures

All test equipment and procedures shall, at minimum, comply with SAE J1667 test procedures unless otherwise noted herein.

(a) A smokemeter used to measure smoke opacity in the exhaust emissions of a HDDV pursuant to this Subpart shall:

(1) be a manufacturer's model certified by NYSDEC as having satisfactorily demonstrated an acceptable ability to comply with the recommended test standard contained in SAE J1667;

(2) at a minimum, have the ability to measure, where appropriate, and print out the following:

(i) the smoke opacity value for each snap idle test in sequence;

(ii) the final test result, in percent opacity;

(iii) the engine oil temperature;

(iv) the engine RPM at high idle for each snap;

(v) the inspection date, time and location;

(vi) the name and certification number of the certified inspector;

(vii) the exhaust pipe diameter or engine horsepower;

(viii) the smoke opacity standard;

(ix) pass or fail of test results compared to appropriate smoke opacity standard;

(x) the HDDV registrant or operator name and license plate number and state of issuance;

(xi) the vehicle identification number (VIN); and

(xii) the engine model year.

(3) The smokemeter shall be capable of:

(i) retaining data pertaining to the previous forty (40) tests and outputting data via an RS-232 connector; and

(ii) multiple printouts of parameters specified in paragraph (2) of this subdivision.

(b) The testing procedures for the snap acceleration smoke opacity test, required in accordance to this subdivision, shall be performed on HDDVs as follows:

(1) Determine the engine horsepower from the engine identification plate or engine serial number. Refer to Table 2 of this Subpart and input the nominal stack size into the smokemeter. If the engine identification plate is missing, inaccessible or illegible, measure the outside diameter of the exhaust pipe extending from the exhaust manifold with a precision caliper or equivalent gauge, rounding to the nearest inch.

(2) During an annual emissions inspection only, performed at an ODEIS:

(i) affix the RPM sensor to the engine of the vehicle according to the instructions of the smokemeter manufacturer;

(ii) insert the engine oil temperature sensor into the oil dipstick tube and into the crankcase oil according to the instructions of the smokemeter manufacturer; and

(iii) connect the engine RPM and oil temperature sensors to the smokemeter according to the instructions of the smokemeter manufacturer.

(3) Affix the smokemeter according to the instructions of the manufacturer to the end of the exhaust pipe of the vehicle. For full-flow smokemeters, ensure that the final two feet and the exit of exhaust pipe is straight, with an internal diameter not to exceed five inches. Appropriate exhaust pipe adapters shall be used as necessary to comply with these specifications. Do not use full-flow smokemeters on vehicles with underbody exhaust pipes which direct the exhaust flow to the ground unless the exhaust gases are redirected away from the ground by the appropriate exhaust pipe adaptor mentioned above.

(4) Ensure that the vehicle is restrained to prevent the vehicle from moving during the test.

(5) Ensure that the smokemeter is warmed up and calibrated according to the instructions of the manufacturer. Initiate the test sequence on the smokemeter.

(6) Select the appropriate smoke opacity pass/fail standards, set forth at Table 1 of this Subpart, based upon the engine model year. If using a full-flow smokemeter, enter the engine horsepower and stack diameter as measured from the vehicle exhaust stack;

(7) If using a smokemeter without horsepower input, select the appropriate stack size from Table 2 of this Subpart, based upon the engine horsepower of the vehicle.

(8) With each prompt from the smokemeter to "accelerate engine," ensure the accelerator pedal is rapidly depressed to the floor and held there until prompted by the smokemeter to release the pedal. For those vehicles with electronic engine controls, engine diagnostic equipment should be used to allow acceleration to governed speed.

(9) Repeat procedures described in paragraph (8) of this subdivision at least four more times. This shall include, at a minimum, two preliminary snap accelerations to remove loose soot from the exhaust system for a stabilized reading, and a minimum of three snap accelerations for the official test, the average of which shall constitute the final test result.

(10) The pass/fail determination shall be based upon three valid smoke opacity test results averaged arithmetically and compared to the pass/fail standards appropriate for the engine model year.

(11) Issue a printout including the items listed in paragraph (a)(2) of this section.

Table 2
Engine Horsepower Rating
vs. Nominal Stack Size
Manufacturer's rated horsepower Nominal stack size in inches
Less than 101 2
101-200 3
201-300 4
301 and over 5

(c) A smokemeter used to measure smoke opacity in the exhaust emissions of a HDDV during a roadside emissions or NYSDOT bus inspection does not need to include the following specifications:

(1) an engine oil temperature sensor; and

(2) an engine RPM sensor.

§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 the Subpart:

(1) first violation: $700.00;

(2) second and subsequent violations: $1300.00; 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 the 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 the 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.

§217-5.8 Hardship waiver

(a) If a HDDV has been repaired after failing to meet the standards set forth in Table 1 of this Subpart as required in section 217-5.3 of this Subpart and the HDDV fails to meet the standards set forth in Table 1 after retesting, a hardship waiver may be granted by NYSDEC if all of the following conditions are met:

(1) all components or elements of design including, but not limited to, all emission control apparatus and speed governing devices required to be installed on the vehicle or diesel engine in order for that engine to meet its engine emission certificate of conformance are properly installed. The cost for replacement of missing emission control apparatus or governing devices or warranty repairs does not count towards the hardship waiver cost; and

(2) repairs and adjustments have been properly made and documented and the cost equals or exceeds the value contained in Table 3 for the proper GVWR category. The waiver amounts contained in Table 3 may be adjusted by the NYSDEC to account for increases in the Consumer Price Index (CPI).

Table 3
Minimum Hardship Waiver Repair Costs
By GVWR of HDDV
Gross vehicle weight rating (GVWR in lbs) Minimum repair cost for hardship waiver
8,501 to 18,000 $1,000
18,001 to 26,000 $2,000
Over 26,000 $4,000

(b) The commissioner or a commissioner's representative reserves the right to inspect a vehicle and proof of repair before or after the waiver is issued to verify that the repairs have been made and associated repair costs have been documented.