New Jersey § 39:8-63

§ 39:8-63.

a. The owner and the lessee, if any, of a heavy-duty diesel truck operated in violation

of section 4 of this act 1 shall be jointly and severally liable for a civil penalty of: $700 for the first

violation, except as otherwise provided in this subsection; and $1,300 for the second

or subsequent violation, except as otherwise provided in this subsection. A second or subsequent violation is one that occurs within one year of the occurrence

of a previous violation committed with respect to the same heavy-duty diesel truck,

without regard to the date of the hearing that adjudicated the violation and without

regard to the identity of the defendant against whom it was adjudicated. The complaint and summons shall state whether the charges pertain to a first violation

or to a second or subsequent violation, but if the complaint and summons fail to allege

a second or subsequent violation, the civil penalty imposed shall be that for a first

violation. The penalty for a first violation may be reduced to $150 and the penalty for a second

or subsequent violation may be reduced to $500 if the defendant provides a certification

of the repairs to the vehicle that is satisfactory to the court and in compliance

with emissions standards. The commission may specify by rule or regulation the manner of the repairs and the certification

necessary to effect a reduction of penalty. The commission may, by rule or regulation, provide that information pertaining to penalties, the

repairs that may effect a reduction of penalty, and the certification necessary to

substantiate those repairs and compliance with emissions standards be served with

the complaint and summons. The commission may, by rule or regulation, prescribe a form for certifying repairs and compliance

with emissions standards, with instructions as to how the form should be completed

and certified. The commission may provide that the form be served with the complaint and summons. Notwithstanding any other provision of law or any rule or regulation adopted pursuant

thereto to the contrary, repairs to effect a reduction of penalty under the provisions

of this subsection shall be made before the hearing date or within 45 days of the

occurrence of the violation, whichever is sooner. A defendant who is permitted to waive appearance and plead guilty by mail shall

also be permitted to submit the certification of repairs by mail; provided that if

the court deems the certification to be inadequate, it shall afford the defendant

the option to withdraw the defendant's guilty plea. b. The owner and the lessee, if any, of a diesel bus operated in violation of section

4 of this act shall be jointly and severally liable for a civil penalty determined

by a penalty schedule that the commission , in consultation with the Commissioner of Transportation, shall adopt by rule or

regulation pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), but in no event shall the penalties established thereby exceed the penalties established

by subsection a. of this section for heavy-duty diesel trucks. The penalty schedule may provide for a reduction of penalty if the defendant provides

a certification of the repairs to the vehicle that is satisfactory to the court and

in compliance with emissions standards. The commission , in consultation with the Commissioner of Transportation, may, by rule or regulation,

specify the timing and manner of the repairs and compliance with emissions standards,

and the certification necessary to effect a reduction of penalty. The commission , in consultation with the Commissioner of Transportation, may, by rule or regulation,

provide whether information pertaining to repairs and compliance with emissions standards,

and whether a form to certify those repairs and that compliance, should be served

with the complaint and summons. Notwithstanding the provisions of this subsection to the contrary, the New Jersey

Transit Corporation shall not be liable for any civil penalty assessed for a violation

of section 4 or a violation of any other provision of this act if the diesel bus that

is the subject of the violation is operated by a lessee or contractor, or an employee

or agent of a lessee or contractor, of the New Jersey Transit Corporation. However, if a diesel bus that is the subject of a violation is leased by the New

Jersey Transit Corporation from another person, and the diesel bus is operated by

the New Jersey Transit Corporation or an employee thereof, the New Jersey Transit

Corporation as lessee, and not the owner of the diesel bus, shall be liable for any

civil penalty assessed for the violation. c. The owner and the lessee, if any, of a diesel-powered motor vehicle operated in

violation of section 4 of this act shall be jointly and severally liable for a civil

penalty determined by a penalty schedule that the commission shall adopt by rule or regulation pursuant to the “Administrative Procedure Act,”

P.L.1968, c. 410 ( C.52:14B-1 et seq. ), but in no event shall the penalties established thereby exceed the penalties established

by subsection a. of this section for heavy-duty diesel trucks. The penalty schedule may provide for a reduction of penalty if the defendant provides

a certification of the repairs to the vehicle that is satisfactory to the court and

in compliance with emissions standards. The commission may, by rule or regulation, specify the timing and manner of the repairs and compliance

with emissions standards, and the certification necessary to effect a reduction of

penalty. The commission may, by rule or regulation, provide whether information pertaining to repairs and

compliance with emissions standards, and whether a form to certify those repairs and

that compliance, should be served with the complaint and summons. 1

L.1995, c. 157, § 4 (N.J.S.A. § 39:8-62).