§ 1222a. Emissions of diesel-powered commercial vehicles
(a) Except for voluntary exhaust-smoke emission testing, a vehicle may be stopped and
an inspection performed under this section only if a law enforcement officer observes
an apparent violation of the exhaust-smoke emission standard. If the equipment for
smoke testing is not available, a law enforcement officer may require the operator
or the owner to submit the vehicle for an emission test at a reasonably convenient
time and place. Failure to submit to the test shall be conclusive evidence of the
vehicle’s noncompliance with the exhaust-smoke emission standard. Any test administered
under this section and any notice of violation issued shall be done by a sworn law
enforcement officer trained and certified by the Department of Motor Vehicles. For
purposes of this section:
(1) “Commercial motor vehicle” is defined under subdivision 4103(4) of this title.
(2) “Law enforcement officer” means an officer of the Department of Motor Vehicles trained
and certified by the Department of Motor Vehicles to conduct exhaust-smoke emission
inspections.
(b) No diesel-powered commercial motor vehicle shall be operated on the highways of this
State unless the vehicle complies with the exhaust-smoke emission standard and the
rules adopted by the Commissioner of Motor Vehicles. Any person who owns or operates
such a vehicle while it is operated in violation of the provisions of this section
or the rules adopted by the Commissioner shall be fined:
(1) $200.00 for a first violation per vehicle, except that a person shall not be fined
if, within 45 days from the date of the emission inspection, the defect is repaired
and notification of the repair is provided to the Department of Motor Vehicles or
the vehicle is taken out of service;
(2) $200.00 for a second violation by the same vehicle within a two-year period if the
first violation was repaired within 45 days from the date of the emission inspection,
except that a person shall not be fined if the second violation occurs within 60 days
from the date of repair of the first violation. For purposes of this subdivision,
the “date of repair” shall be the date indicated in the notification of repair submitted
to the Department of Motor Vehicles under subdivision (b)(1) of this subsection;
(3) $400.00 for a second violation by the same vehicle within a two-year period if the
first violation was not repaired within 45 days from the date of the emission inspection;
(4) $400.00 for a third or subsequent violation committed by the same vehicle within a
two-year period if the first violation was repaired within 45 days from the date of
the emission inspection; and
(5) $800.00 for a third or subsequent violation committed by the same vehicle within a
two-year period if the first violation was not repaired within 45 days from the date
of the emission inspection.
(c) The Commissioner shall establish by rule a process by which the owner of a vehicle
that has been taken out of service under this section and that is currently in violation
of the exhaust-smoke emission standard shall, prior to sale or transfer of the vehicle,
notify the purchaser or transferee that the vehicle does not comply with the exhaust-smoke
emission standard.
(d) All fines generated from the violation of this section shall be deposited in the Transportation
Fund. (Added 2005, No. 195 (Adj. Sess.), § 2, eff. July 1, 2007.)