1. (1) Equipment to be used in conducting a smoke opacity test on an HDDV in accordance with this subdivision shall satisfy all specifications and standards for a smokemeter as set forth in this Subpart, and be a model certified by NYSDEC pursuant to section 217-5.6 of this Subpart.
2. (2) Inspectors performing diesel emissions tests of exhaust emissions and inspections of diesel exhaust emission equipment shall be certified by NYSDMV, NYSDOT or NYSDEC to perform HDDV emission inspections and testing, after successfully completing a training program approved by such agencies. Such certified inspectors shall follow SAE J1667 test procedures and, when specified, other procedures included in this Subpart. No ODEIS or certified inspector may issue an emission certificate of inspection for a HDDV, unless that HDDV meets the requirements of this Subpart.

3. (3) The general procedures for a valid HDDV emissions test conducted by a certified inspector pursuant to the provisions of this Subpart in accordance with SAE J1667 are as follows:

   1. (i) Prior to testing, verify that the certified smokemeter and associated and/or required auxiliary test equipment is calibrated in accordance with the requirements of the manufacturer.
   2. (ii) Determine that the engine is at operating temperature as specified in SAE J1667.
   3. (iii) Examine the vehicle exhaust system for integrity. If a detectable leak exists determine that the HDDV is in violation of section 217-5.4(a)(3) of this Subpart.
   4. (iv) Perform the smoke testing on at least one exhaust tailpipe in accordance with SAE J1667.
   5. (v) Ensure that the ambient temperature at the test location is within the conditions range specified in SAE J1667.
   6. (vi) Before initiating the test, determine that all accessories and any engine braking devices are turned off.

   7. (vii) Determine that the engine speed governor is in proper operating condition by:

      1. (a) inquiring of the HDDV operator whether the governor is in proper operating condition; or
      2. (b) if the determination cannot be made, instruct the operator that, with the transmission in either neutral (with the clutch disengaged if so equipped) or in park, gradually increase the engine speed. If the engine speed increases uncontrollably, instruct the operator to immediately release the accelerator pedal and the fuel supply to the engine. Discontinue emission testing of any vehicle with dysfunctional or out-of-specification engine speed governors. Do not resume testing unless and until speed governor repairs are made. Determine that the HDDV is in violation of section 217-5.4(a)(3) of this Subpart if the necessary corrective action to repair the engine speed governor is not taken.
   8. (viii) If inspecting a vehicle which was either equipped by the manufacturer or was retrofitted in accordance with State or Federal law or regulation with a catalytic converter, particulate trap or trap oxidizer, or any other exhaust after-treatment device, inspect the exhaust system for the presence of the device and for its physical integrity. Discontinue testing of any motor vehicle which exhibits any missing exhaust after-treatment device or perforating rust, crack, hole, tear, or other such physical defect in the device. Do not resume testing unless and until the defect(s) are repaired. Determine that the HDDV is in violation of section 217-5.4 of this Subpart if corrective action to repair the HDDV is not taken.
   9. (ix) If, at any time before or during the inspection of a HDDV, continuous blue smoke is observed in the exhaust emissions for more than three seconds, discontinue the testing and determine that the vehicle is in violation of section 217-5.4 of this Subpart.
   10. (x) At the conclusion of the emissions inspection of a HDDV by a certified inspector, print a copy of the test report produced by the smokemeter certified in accordance with section 217-5.6(a) of this Subpart and provide the report to the vehicle owner or operator.

4. (4) Vehicles found in violation of this Subpart are not subject to impoundment or otherwise prevented from engaging in commerce as a result of this Subpart.

   (b) Annual NYCMA HDDV emissions inspections.

5. (1) Certified inspectors performing annual HDDV emissions inspections shall:

   1. (i) only affix a valid emission certificate of inspection to a HDDV that has met the emission and inspection requirements set forth in this Subpart;
   2. (ii) issue test result to the HDDV owner/operator for each test performed; and
   3. (iii) only issue test result to the owner/operator for the specific vehicle that has been tested.

6. (2) Certified NYSDMV ODEIS and/or fleet self inspection facilities shall:

   1. (i) be licensed/registered by the appropriate New York State agency to perform HDDV emissions testing and inspection;
   2. (ii) conspicuously display licenses required under section 217-5.5(b)(2)(i) of this Subpart;
   3. (iii) maintain test equipment in accordance with this section, manufacturer's specification, and SAE J1667;
   4. (iv) maintain a current copy of SAE J1667 at facility;
   5. (v) not pass any HDDV which does not meet the requirements set forth in section 217-5.4 of this Subpart;
   6. (vi) not test or allow to test the exhaust emission on any HDDV which has been disqualified from testing for any reason until the reason for disqualification has been corrected;
   7. (vii) issue test results to the HDDV owner/operator for each test performed;
   8. (viii) not affix or allow anyone to affix a valid certificate of inspection to a HDDV unless it has met the emission and inspection requirements set forth in this section;
   9. (ix) not issue or allow the issuance of test results to an owner/operator unless those results are measured from the vehicle tested; and
   10. (x) maintain logs in accordance with a prescribed format.

7. (3) For the purpose of this subdivision the NYSDEC and NYSDMV, or an authorized representative, has the right of entry to any premises owned, operated, used, leased, or rented by ODEIS and a fleet self inspection facility to test and inspect HDDVs for the purpose of inspecting and auditing facilities, records, and test equipment.

   (c) Roadside or random HDDV emissions inspections.

   Certified inspectors performing roadside diesel emissions inspections shall:

8. (1) be specifically authorized to perform such inspections at a public or quasi-public location designated by the New York State Commissioner of Transportation with the concurrence of NYSDEC and, where appropriate, the New York State Thruway Authority in accordance with the requirements set forth in this section;
9. (2) direct the operator of the vehicles to be inspected to move the vehicle to a safe location, if appropriate;
10. (3) issue the test result to the HDDV operator for each test performed; and
11. (4) only issue the test result to the HDDV operator for the specific vehicle that has been tested.

(a) General instructions for HDDV emissions tests.