(1) (a) Effective January 1, 1987, no owner or operator of a diesel-powered vehicle shall cause or knowingly permit the emission from the vehicle of any visible air contaminants that exceed the emission level as described in section 42-4-412 (2)(a) within the program area.
(b) As used in this section:
"Air contaminant" means any fume, odor, smoke, particulate matter, vapor, gas, orcombination thereof, except water vapor or steam condensate.
"Emission" means a discharge or release of one or more air contaminants into theatmosphere.
"Opacity" means the degree to which an air contaminant emission obscures the view of a trained observer, expressed in percentage of the obscuration or the percentage to which transmittance of light is reduced by an air contaminant emission.
"Trained observer" means a person who is certified by the department of publichealth and environment as trained in the determination of opacity.
(2) (a) A police officer or other peace officer who is a trained observer, or an environmental officer employed by a local government and certified by the department of public health and environment to determine opacity, at any time upon reasonable cause, may issue a summons personally to the operator of a motor vehicle emitting visible air contaminants in violation of paragraph (a) of subsection (1) of this section.
(b) (I) Any owner or operator of a diesel-powered motor vehicle receiving the summons issued pursuant to paragraph (a) of this subsection (2) or mailed pursuant to subparagraph (II) of paragraph (d) of this subsection (2) shall comply therewith and shall secure a certification of opacity compliance from a state emissions technical center that such vehicle conforms to the requirements of this section. Said certification shall be returned to the owner or operator for presentation in court as provided in paragraph (c) of this subsection (2).
(II) A fee of not more than six dollars and fifty cents shall be charged by emission technical centers for a certification of opacity compliance inspection and the certificate of nosmoke. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account established in section 42-4-311 (3)(b).
(c) (I) Any owner who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, except as provided in subparagraph (II) of this paragraph (c), shall be punished by a fine of one hundred dollars, payable within thirty days after conviction.
(II) If the owner submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the owner has disposed of the vehicle for junk parts or immobilized the vehicle and if the owner also submits to the court within such time the registration and license plates for the vehicle, the owner shall be punished by a fine of twentyfive dollars. If the owner wishes to relicense the vehicle in the future, the owner shall obtain the certification required in paragraph (b) of this subsection (2).
(d) (I) Any nonowner operator who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, except as provided in subparagraph (II) of this paragraph (d), shall be punished by a fine of one hundred dollars, payable within thirty days after conviction.
(II) If the operator submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the operator was not the owner of the vehicle at the time the summons was issued and that the operator mailed, within five days after issuance thereof, a copy of the notice and summons by certified mail to the owner of the vehicle at the address on the registration, the operator shall be punished by a fine of twenty-five dollars.
Upon a showing of good cause that compliance with this section cannot be madewithin thirty days after issuance of the notice and summons, the court of competent jurisdiction may extend the period of time for compliance as may appear justified.
The owner or operator, in lieu of appearance, may submit to the court of competentjurisdiction, within thirty days after the issuance of the notice and summons, the certification or proof of mailing specified in this subsection (2) together with the fine of twenty-five dollars.
(3) Any fine collected pursuant to the provisions of this section shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred.
Source: L. 94: (1)(b)(IV) and (2)(a) amended, p. 2814, § 592, effective July 1; entire title amended with relocations, p. 2324, § 1, effective January 1, 1995. L. 2009: (1)(a) amended, (SB 09-003), ch. 322, p. 1720, § 6, effective June 1.
Editor's note: (1) This section is similar to former § 42-4-319 as it existed prior to 1994.
(2) Amendments to subsections (1)(b)(IV) and (2)(a) by House Bill 94-1029 were harmonized with Senate Bill 94-001, effective January 1, 1995.