N.Y. Comp. Codes R. & Regs. tit. 6, § 217-5.4 – Vehicle owner/operator requirements.

(a) No person who owns, operates, registers, leases, or rents a HDDV subject to the requirements of this Subpart shall operate said vehicle, or allow or permit it to be operated in the State, if the vehicle:
1. (1) emits smoke in the exhaust emissions with an opacity which exceeds the smoke opacity standards specified in Table 1 of this Subpart pursuant to the effective dates established in section 217-5.2 of this Subpart, when tested in accordance with procedures set forth in section 217-5.5 of this Subpart;
2. (2) does not have functioning emission control apparatus as required by specifications of the manufacturer;
3. (3) has any component, element of design, or emission control apparatus, installed or required to be installed on the vehicle or diesel engine which:
  1. (i) is not functioning and will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued; or
  2. (ii) has been disconnected, detached, deactivated, tampered with or in any other way rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer, including any action which will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued.
(b) Except as provided in section 217-5.2(a) of this Subpart, within 12 months of the effective dates listed in section 217-5.2 of this Subpart, and annually thereafter, no person who owns, operates, leases or rents a HDDV registered or required to be registered in the NYCMA shall permit the operation of that HDDV unless the HDDV has had its exhaust emissions tested by a certified inspector within the previous 12 months in accordance with the procedures set forth in section 217-5.5 of this Subpart and the exhaust emission opacity of the vehicle does not exceed the standards specified in Table 1 of this Subpart during the required emission test.