ACT NO. 195
Motor vehicles; diesel exhaust smoke emissions
This act requires the department of motor vehicles, in consultation with the agency of natural resources, to adopt rules to establish a standard of
exhaust-smoke emission for all diesel-powered commercial motor vehicles operated on the highways of the state. The rules adopted by department of motor vehicles shall include a method for testing diesel exhaust emissions, shall recognize different types and ages of vehicles, and shall establish a process for the sale or transfer of a commercial motor vehicle that has been taken out of service while in violation of the exhaust smoke emission standard.
The act also prohibits operation on state highways of diesel-powered commercial motor vehicles that do not comply with the exhaust smoke emission standard set by the department of motor vehicles. The act authorizes a law enforcement officer that observes an apparent violation of the exhaust smoke emission standard to stop a diesel-powered commercial motor vehicle and perform an inspection. If the equipment for exhaust smoke testing is not available, the law enforcement officer may require the owner or operator of the vehicle to submit the vehicle for a test at a reasonably convenient time and place. For purposes of the act and exhaust smoke inspection and testing, a law enforcement officer is an officer of the department of motor vehicles trained and certified to conduct exhaust-smoke emission inspections.
A diesel-powered commercial motor vehicle in violation of the exhaust smoke emission standard is subject to penalties. The fine for the first penalty is waived if the owner or operator of the vehicle repairs the defect within 45 days of the violation and subsequently notifies the department of motor vehicles. Similarly, the fine for the second violation is waived if the second violation occurs within 60 days of repair of the first violation. All fines generated by violation of the exhaust smoke emission standard shall be deposited in the transportation fund. In addition, the act requires the department of motor vehicles to develop a plan for implementing and future budgeting of the emission smoke testing program for diesel-powered commercial motor vehicles.
Effective Date: The authority of the department of motor vehicles to adopt rules implementing the diesel smoke emission standards went into effect upon passage of the act. The prohibition on operating commercial motor vehicles in violation of the diesel exhaust smoke emission standard and the penalties for violation go into effect July 1, 2007.
The Vermont General Assembly
115 State Street