§ 19-0320. Emissions inspections of heavy duty vehicles.\n 1. When used in this section:\n a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and\nhaving a gross vehicle weight of greater than eight thousand five\nhundred pounds, except that those vehicles defined in sections one\nhundred one, subparagraph two of paragraph E and subparagraph (a) of\nparagraph F of subdivision seven of section four hundred one of the\nvehicle and traffic law, and vehicles specified in subdivision thirteen\nof section four hundred one of the vehicle and traffic law, and farm\ntype tractors and all terrain type vehicles used exclusively for\nagricultural or mowing purposes, or for snow plowing, other than for\nhire, farm equipment, including self-propelled machines used exclusively\nin growing, harvesting or handling farm produce, and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, and timber harvesting equipment such as harvesters, wood\nchippers, forwarders, log skidders, and other processing equipment used\nexclusively off highway for timber harvesting and logging purposes,\nshall not be deemed heavy duty vehicles for purposes of this section.\n b. "Roadside program" means a roadside examination program conducted\npursuant to the heavy duty vehicle emissions reduction act for the\ninspection of emissions and emission control equipment, at any public or\nquasi-public location as designated by the commissioner of\ntransportation with the concurrence of the department and, where\nappropriate, the New York state thruway authority.\n c. "Annual inspection program" means a program in which heavy duty\nvehicles registered or required to be registered in counties in the\nstate designated as being in serious, severe or extreme non-attainment\nof the National Ambient Air Quality Standard for ozone pursuant to the\n1990 amendments of the federal Clean Air Act (42 U.S.C. 7511) are\nannually inspected in accordance with this article.\n 2. The department, jointly with the departments of motor vehicles and\ntransportation, shall develop a program for the inspection of emissions\nfrom heavy duty vehicles. Such inspection program shall consist of an\nannual inspection program and a roadside program. The annual inspection\nprogram developed in accordance with this section shall be limited to\nheavy duty vehicles registered or required to be registered in counties\nin the state designated as being in serious, severe or extreme\nnon-attainment of the National Ambient Air Quality Standard for ozone\npursuant to the 1990 amendments of the federal Clean Air Act (42 U.S.C.\n7511). Under no circumstances shall such program require heavy duty\nvehicles to meet emission standards more stringent than the new vehicle\nemission standards to which such vehicles were certified pursuant to the\nfederal Clean Air Act. The department shall, with the department of\ntransportation and, where appropriate, the New York state thruway\nauthority, jointly develop criteria for roadside program site selection\nand procedures for the control of traffic and operation of such sites.\n 3. The department, jointly with the departments of motor vehicles and\ntransportation, shall adopt rules and regulations establishing test\nstandards, method, and equipment for the period of effectiveness of this\nsection. The department shall adopt such rules and regulations and\nimplement such program by June first, nineteen hundred ninety-nine. The\ndepartment shall consider establishing a hardship waiver based on an\nevaluation of fleet size and cost of effective repair, and shall\nconsider exempting from the roadside inspection vehicles that\nsuccessfully pass an annual inspection as approved by the commissioner.\n 4. Notwithstanding the provisions of title twenty-one of article\nseventy-one of this chapter, operation of a heavy duty vehicle which,\nwhen tested, exceeds emission levels set forth in regulations\npromulgated pursuant to
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