Vermont § 1222a - Emissions of diesel-powered commercial vehicles

§ 1222a. Emissions of diesel-powered commercial vehicles

• (a) Except for voluntary exhaust-smoke emission testing, a vehicle may be stopped and
  an inspection performed under this section only if a law enforcement officer observes
  an apparent violation of the exhaust-smoke emission standard. If the equipment for
  smoke testing is not available, a law enforcement officer may require the operator
  or the owner to submit the vehicle for an emission test at a reasonably convenient
  time and place. Failure to submit to the test shall be conclusive evidence of the
  vehicle’s noncompliance with the exhaust-smoke emission standard. Any test administered
  under this section and any notice of violation issued shall be done by a sworn law
  enforcement officer trained and certified by the Department of Motor Vehicles. For
  purposes of this section: (1) “Commercial motor vehicle” is defined under subdivision 4103(4) of this title. (2) “Law enforcement officer” means an officer of the Department of Motor Vehicles trained
  and certified by the Department of Motor Vehicles to conduct exhaust-smoke emission
  inspections. (b) No diesel-powered commercial motor vehicle shall be operated on the highways of this
  State unless the vehicle complies with the exhaust-smoke emission standard and the
  rules adopted by the Commissioner of Motor Vehicles. Any person who owns or operates
  such a vehicle while it is operated in violation of the provisions of this section
  or the rules adopted by the Commissioner shall be fined: (1) $200.00 for a first violation per vehicle, except that a person shall not be fined
  if, within 45 days from the date of the emission inspection, the defect is repaired
  and notification of the repair is provided to the Department of Motor Vehicles or
  the vehicle is taken out of service; (2) $200.00 for a second violation by the same vehicle within a two-year period if the
  first violation was repaired within 45 days from the date of the emission inspection,
  except that a person shall not be fined if the second violation occurs within 60 days
  from the date of repair of the first violation. For purposes of this subdivision,
  the “date of repair” shall be the date indicated in the notification of repair submitted
  to the Department of Motor Vehicles under subdivision (b)(1) of this subsection; (3) $400.00 for a second violation by the same vehicle within a two-year period if the
  first violation was not repaired within 45 days from the date of the emission inspection; (4) $400.00 for a third or subsequent violation committed by the same vehicle within a
  two-year period if the first violation was repaired within 45 days from the date of
  the emission inspection; and (5) $800.00 for a third or subsequent violation committed by the same vehicle within a
  two-year period if the first violation was not repaired within 45 days from the date
  of the emission inspection. (c) The Commissioner shall establish by rule a process by which the owner of a vehicle
  that has been taken out of service under this section and that is currently in violation
  of the exhaust-smoke emission standard shall, prior to sale or transfer of the vehicle,
  notify the purchaser or transferee that the vehicle does not comply with the exhaust-smoke
  emission standard. (d) All fines generated from the violation of this section shall be deposited in the Transportation
  Fund. (Added 2005, No. 195 (Adj. Sess.), § 2, eff. July 1, 2007.)