§ 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.)