New Jersey § 39:8-64

§ 39:8-64.

a. The commission , in consultation with the Department of Environmental Protection and the Department

of Transportation and with the approval of the Attorney General, shall establish and

implement a periodic inspection program and a roadside enforcement program to implement

the standards and test methods adopted pursuant to section 3 1 of this act. These programs shall be designed to measure exhaust emissions and to inspect emission

control apparatus and related items on diesel buses, heavy-duty diesel trucks, and

other diesel-powered motor vehicles. The programs shall include, at a minimum, diesel buses and heavy-duty diesel trucks

subject to the rules and regulations adopted pursuant to section 3 of this act; provided

that the commission , in consultation with the Department of Transportation, may exempt vehicles from

either program for good cause, which may include that vehicles belonging to an exempted

class are, by law, subject to emissions testing in another program. The commission , in consultation with the Department of Environmental Protection and with the approval

of the Attorney General, may, by rule or regulation, expand the periodic inspection

program and the roadside enforcement program to include other diesel-powered motor

vehicles that are subject to the rules and regulations adopted pursuant to section

3 of this act. The commission , in consultation with the Commissioner of Transportation, may, by rule or regulation,

impose upon every owner and lessee of a diesel bus, heavy-duty diesel truck, or other

diesel-powered motor vehicle subject to periodic inspection the obligation to have

the vehicle periodically inspected in a manner determined by the commission in consultation with the Commissioner of Transportation, to effect repairs or to

abstain from operating or to limit the operation of a rejected vehicle or a vehicle

overdue for inspection, and may take other action necessary or appropriate for implementation

of the periodic inspection program. The commission , in consultation with the Commissioner of Transportation, may, by rule or regulation,

impose upon every owner and lessee of a diesel bus, heavy-duty diesel truck, or other

diesel-powered motor vehicle subject to roadside inspection the obligation to abstain

from operating or to limit the operation of a vehicle that has been tested and found

to be in violation of the rules and regulations adopted pursuant to section 3 of this

act, or to effect repairs, and may take other action necessary or appropriate for

implementation of the roadside enforcement program. A school bus, as defined pursuant to R.S.39:1-1 , shall be exempt from the roadside enforcement program. However, nothing in this subsection allowing or mandating exemptions from the periodic

inspection program or the roadside enforcement program shall be construed to limit

any other enforcement actions permitted by law. b. The commission shall exercise all authority, including but not limited to administrative, implementation,

enforcement, and penalty authority, in connection with the periodic inspection program for diesel buses and the roadside

enforcement program for diesel buses that are under the jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes or any other law, rule, or regulation. The commission shall consult with the Department of Environmental Protection and the Department of Transportation in conducting the periodic inspection program for diesel buses and the roadside enforcement

program for diesel buses that are under the jurisdiction of the commission . Any periodic inspection that may be required pursuant to this act for a diesel bus

under the jurisdiction of the commission shall be conducted only in conjunction with any periodic safety inspection required

for that diesel bus pursuant to law, rule, or regulation. Any suspension of registration privileges with respect to diesel buses for a violation of this act or any rule or regulation adopted pursuant thereto shall

be implemented by the commission . 1

L.1995, c. 157 (N.J.S.A. § 39:8-61).