1. (1) All nonexempt diesel-powered motor vehicles, that have a maximum gross weight (MGW) over 8,500 pounds, are registered in the NYMA, and are not subject to the OBD II emissions inspection, are subject to a test of the vehicle exhaust emissions (smoke opacity test) as part of the annual vehicle inspection. A vehicle required to have an exhaust emissions inspection under these regulations may be inspected only at an official diesel emissions inspection station. No other classification of inspection station may conduct inspections for vehicles requiring diesel emissions inspection unless a temporary certificate of emissions waiver (form VS-1078) has been issued for the vehicle and is presented to the inspection station. Upon the vehicle's re-entry into the NYMA, a complete diesel safety/emissions inspection must be performed.

2. (2) Non-NYMA.

   1. (i) All diesel-powered motor vehicles that have a maximum gross weight (MGW) over 8,500 pounds, and that are registered outside the NYMA are exempt from the diesel emissions inspection. If the vehicle is not subject to an OBD II emissions inspection, the motorist may request a diesel emissions inspection (smoke opacity test) by presenting the vehicle to an official diesel emissions station and requesting the inspection.

   2. (ii) If a nonexempt diesel-powered vehicle that has a maximum gross weight (MGW) over 8,500 pounds with a registration from another state, or with a New York State registration with an out-of-state address, is presented for inspection in the NYMA, the vehicle must receive a safety and diesel emissions inspection (smoke opacity test), and must be issued a diesel safety/emissions inspection certificate if it passes the inspection unless the vehicle is subject to an OBD II emissions inspection.

      (b) Pre-emission inspection check

3. (1) Each vehicle subject to the diesel emissions (smoke opacity) test will first be visually inspected for the following conditions:

   1. (i) Exhaust system - mission section or holes which would prohibit collection of exhaust sample.
   2. (ii) If the vehicle was originally equipped with a governor, determine that it is not missing, disconnected, or malfunctioning.

4. (2) Vehicles found having any of the conditions set forth in paragraph (1) of this subdivision shall not be inspected. This refusal shall not constitute an inspection, no inspection fee shall be charged, and the station shall instruct the motorist that the vehicle must be returned in a repaired condition in order for an inspection to be performed.

   (c) Standards.

5. (1) The New York State Department of Environmental Conservation in consultation with the Department of Motor Vehicles shall establish and modify periodically the standards of diesel emissions allowable in the exhaust emissions of vehicles subject to the diesel exhaust emissions (smoke opacity) test.

6. (2) The test limits established by the New York State Department of Environmental Conservation in 6 NYCRR Part 217 must be used when performing a diesel emissions (smoke opacity) test.

   (d) Diesel emissions test procedure.

   Subject vehicles registered in the NYMA will receive this test. The test will, in general, consist of entering appropriate vehicle data on the form VS-1074SA, and obtaining a sample of the vehicle's exhaust per the equipment manufacturer's instructions. The system will measure the exhaust particulates and indicate if the vehicle has passed or failed the emissions test. The system will print out the results and a copy of the print out must be given to the customer. The inspection station must also retain a copy of the test results, which will be attached to the motor vehicle inspection record (VS-1074SD). An emissions test will be considered invalid if the vehicle inspection system indicates an invalid test reading. In addition, vehicles subject to the diesel emissions inspection are also subject to the procedures in subdivision (g) of this section.

   (e) Effect of failure of diesel emissions test.

   Subject vehicles must pass the safety inspection and the emissions test in order for any inspection certificate to be issued. If the vehicle fails to pass either the emissions test or the safety inspection, or combination, an inspection rejection notice must be given to the operator. A certificate of inspection cannot be issued until appropriate repairs are made to reduce the exhaust emissions level within the test limits or until appropriate repairs are made to the failed safety inspection items or both or until it qualifies for a diesel emissions waiver (VS-1079DE). The cost to repair safety items does not count towards the emissions waiver cost limit.

   (f) Diesel emissions reinspection procedure and fees.

   If a vehicle fails a safety and/or diesel emissions inspection, and is not removed from the station for repair, these shall be no charge for reinspection of such vehicle. If a vehicle fails both the safety and diesel emissions portions of the inspection, and is removed from the inspection station for repairs, the inspection station or any other inspection station must conduct a full inspection during the reinspection of the vehicle. If a vehicle fails the safety portion of an inspection but passes the diesel emissions portion, and is removed from the inspection station for repairs, and is brought back to the same inspection station within 30 days, the inspection station shall conduct only the safety portion of the inspection and must charge only the safety portion of the inspection fee as set forth in section 79.7(c) of this Part. If a vehicle passes the safety portion of the inspection but fails the diesel emissions portion, and is removed from the inspection station for repairs, and is brought to the same inspection station within 30 days, the inspection station shall conduct only the diesel emissions portion of the inspection and must charge only the diesel emissions portion of the inspection fee as set forth in section 79.7(c) of this Part. An inspection station to which a vehicle is presented for reinspection more than 30 days after rejection must perform a full inspection. If a vehicle is presented for reinspection to a station other than the station that rejected the vehicle, a full inspection must be performed.

   (g) Emissions control devices.

   Vehicles subject to the diesel emissions inspection program must be inspected for the presence and condition of devices designed to control diesel emissions. The vehicle must be rejected if any such device is missing, disconnected, or disabled. The certified motor vehicle inspector shall inspect those emissions control devices that the motor vehicle was originally equipped with by the manufacturer, and those emissions control devices that have been retrofitted into the motor vehicle in accordance with State or Federal laws or regulations.

   (h) Diesel emissions inspection waiver.

7. (1) If a vehicle fails, after proper repair, the reinspection of the emissions portion, a certificate of inspection must be offered by the official diesel emissions inspection station if all of the following conditions are met:

   1. (i) The safety inspection has been passed.
   2. (ii) All emissions control devices have passed inspection. The cost for replacement of missing emissions control devices or warranty repairs does not count towards the emissions waiver cost limits. The cost to repair safety items does not count towards the emissions waiver cost limit.

   3. (iii) Emissions repairs and adjustments have been properly made and documented and the cost equals or exceeds the value contained in the table below for the proper maximum gross weight (MGW) category. The waiver amounts in the table may be adjusted to account for increases in the Consumer Price Index (CPI).

      Minimum hardship waiver repair costs by MGW
      MGW	Minimum repair cost for waiver
      8,501 to 18,000 lbs	$1,000
      18,001 to 26,000 lbs	$2,000
      Over 26,000 lbs	$4,000

8. (2) If all of the above conditions are met, the inspector will be allowed to issue the inspection certificate(s) for the vehicle. Check the "repair waiver issued" box on the reverse side of the "safety/diesel emissions" sticker VS-1082D and punch the appropriate expiration month. The inspector must fill out a diesel emission inspection certification and waiver form (form VS-1079DE), and that form, along with copies of the repair invoices verifying that the required repairs have been performed, must be retained by the station for a period of two years. Copies of all the above documents and a copy of form VS-1079DE must be mailed to the Department of Environmental Conservation (DEC) at the address on the form within three days of issuing the waiver.
9. (3) The commissioner or an agent of the commissioner reserves the right to inspect a vehicle before or after the waiver is issued to verify that proper repairs have been made and the costs have been documented.

(a) Applicability.