49-542.07. Civil penalties

A. The driver of a diesel vehicle that fails the test administered pursuant to section 49-542.06, including failure due to refusal to submit to the test, is subject to the following penalty schedule:

1. The driver of a vehicle that is cited for the first time and for which demonstration of correction is provided and payment is made within forty-five days from the date of receipt of the citation by certified mail shall pay a penalty of one hundred fifty dollars.

2. The driver of a vehicle that is cited for the first time for the refusal of the driver to submit to the test procedure or that is cited for the first time and for which demonstration of correction is not provided within forty-five days from the date of receipt of the citation by certified mail shall provide demonstration of correction and pay a penalty of eight hundred dollars.

3. The driver of a vehicle that is cited within twelve months from the issuance of the most recent citation for that vehicle shall provide demonstration of correction, within forty-five days from the date of receipt of the current citation by certified mail, and pay a penalty of one thousand eight hundred dollars.

B. A citation shall not be issued to the driver of a heavy-duty vehicle powered by a pre-1991 model year diesel engine on the basis of a measured smoke opacity exceeding fifty-five per cent but not exceeding sixty-nine per cent, unless either of the following occurs:

1. The driver fails to provide a demonstration of correction within forty-five days from the date of receipt by certified mail of the notice of violation.

2. A notice of violation or citation has been issued for the vehicle in the preceding twelve months.

C. The driver of a vehicle that is the subject of a notice of violation and for which demonstration of correction is provided within forty-five days from the date of receipt by certified mail of the notice of violation is not subject to a penalty for the violation.

D. The driver of a vehicle that is initially subject to a notice of violation but that is cited after a demonstration of correction is subject to a penalty of eight hundred dollars.

E. If a heavy-duty vehicle with a pre-1991 engine has a measured opacity exceeding fifty-five per cent but not exceeding sixty-nine per cent within twelve months of issuance of a notice of violation for which a demonstration of correction was timely provided within the applicable forty-five day period, a citation shall be issued and the driver is subject to a penalty of eight hundred dollars.

F. If a heavy-duty vehicle with a pre-1991 engine has a measured opacity exceeding fifty-five per cent but not exceeding sixty-nine per cent within twelve months of issuance of a notice of violation for which a demonstration of correction was not timely provided within the applicable forty-five day period, a citation shall be issued and the driver is subject to the penalty of one thousand eight hundred dollars.

G. If a vehicle fails the test procedure or an emissions control system inspection one year or more after the date of its most recent failure, the driver of that vehicle is subject to the penalty schedule in subsection A of this section.

H. If a driver is cited after a bona fide change of owner between nonrelated persons or entities, the new owner is subject to the penalty schedule in subsection A of this section if the only citations issued for the vehicle within the previous twelve months were issued before the change of ownership to the new owner.

I. A driver who has been cited twice or more for tampered emissions controls on the same vehicle is subject to a penalty of one thousand eight hundred dollars.

J. For a vehicle that is registered in this state and for which a civil penalty assessed pursuant to this section has not been paid, the director of environmental quality shall notify the department of transportation by electronic means. The director of the department of transportation shall send a letter by first class mail to the person to whom the vehicle is registered informing the person that the vehicle's registration is suspended. After the civil penalty is paid in full and the proof of repair is submitted, the person to whom the vehicle is registered may apply for reinstatement of the vehicle registration on the payment of applicable fees pursuant to sections 28-2003, 28-2352, 28-2402 and 28-2481.

K. For a vehicle that is not registered in this state and for which a civil penalty assessed pursuant to this section has not been paid, the department of transportation shall notify the appropriate cooperating state agency as if the driver had failed and refused to pay a fuel tax assessed or apportioned pursuant to an interstate agreement established pursuant to section 28-404.

L. Notices of violation and citations issued and penalties assessed pursuant to this section are appealable agency actions pursuant to title 41, chapter 6, article 10.

M. All civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

N. Notwithstanding any other statute, the penalties prescribed by this section are not subject to any additional fee or surcharge.