14-052 Code Vt. R. 14-050-052-X - DMV RULE NO. 53 - EMISSION SMOKE INSPECTION OF DIESEL-POWERED COMMERCIAL MOTOR VEHICLES

Section 1 Definitions

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:

(a) "Commercial motor vehicle" is defined under subdivision 4103(4) of this title.

(b) "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.

Section 2 Methods for Testing Exhaust Emissions

The general diesel smoke emissions test procedure shall be the SAE J1667 test procedure, also known as the "snap acceleration diesel smoke opacity test."

Section 3 Authorized Testing Equipment

All test equipment shall, at a minimum, comply with SAE J1667 test procedures.

Exhaust Smoke Emission Standards:

The inspection standards for diesel-powered commercial motor vehicles are as follows:

(a) For model years 1991 and newer, the level of peak smoke opacity shall not exceed forty (40) percent; and

(b) For model years 1990 and older, the level of peak smoke opacity shall not exceed fifty-five (55) percent.

Section 4 Notification of Repairs

The owner or operator of any vehicle that fails the exhaust smoke emission test has 45 days from the date of the emission inspection to notify the Department that emissions related repairs were made to bring the vehicle into compliance with the exhaust smoke emission standards or the vehicle was taken out of service. Notification of repair shall include the following information:

(a) Name of repair facility;

(b) An itemized bill of repairs from the repair facility;

(c) Signature of repair facility representative certifying repairs have been made to reduce diesel emissions and date signed; and

(d) Signature of the vehicle owner certifying appropriate emissions related repairs were made to the vehicle.

If notification of repair is not made within 45 days, the owner or operator shall be assessed one of the following:

(1) $ 200 fine for the first violation;

(2) $ 200 fine for the second violation of the same vehicle within a two-year period but not less than 60 days from the date of repair for the first violation, or $ 400 fine if notification of repair for the first violation was not made within 45 days;

(3) $ 400 fine for the third or subsequent violation of the same vehicle within a two-year period, or $ 800 fine if notification of repair for the first violation was not made within 45 days.

Section 5 Notification of Noncompliance with Exhaust Smoke Emission Standards Prior to Vehicle Sale or Transfer

Any person who sells, trades or offers for sale or trade any interest in a vehicle that has been taken out of service for not meeting the applicable exhaust smoke emission standards shall disclose the fact to a prospective purchaser both orally and in writing before a sale, trade or transfer is made. Written disclosure that the vehicle does not meet applicable exhaust smoke emission standards shall be conspicuously disclosed on any bill of sale, transfer, purchase or other agreement.

Section 6 Voluntary Exhaust Smoke Emission Testing

The Department shall perform voluntary inspections of diesel-powered motor vehicles at the request of the vehicle owner or their representative. The purpose of such inspections shall be to determine whether such vehicles are in compliance with the emission opacity standards for diesel-powered commercial motor vehicles. Such tests may be scheduled by contacting the Commercial Vehicle Enforcement Unit of the Department of Motor Vehicles.

Notes

14-052 Code Vt. R. 14-050-052-X

EFFECTIVE DATE: September 20, 2007 Secretary of State Rule Log #07-037

STATUTORY AUTHORITY: 23 V.S.A. §§ 1222a, 1229