(1) The commission shall develop and implement, effective January 1, 1987, a fleet inspection and maintenance program for diesel-powered motor vehicles of more than fourteen thousand pounds gross vehicle weight rating. Regional transportation district buses, state, county, and municipal vehicles, and private diesel fleets shall participate in the program through self-certification inspection procedures as developed by the commission.
(2) (a) The commission shall promulgate rules that:
Require owners of diesel-powered motor vehicles, registered in the program area,routinely operated in the program area, or principally operated from a terminal, maintenance facility, branch, or division located within the program area, and subject to the provisions of this section, to bring the vehicles into compliance with existing opacity standards set forth in section 42-4-412;
Are strictly construed;
Except as provided in paragraph (b.5) of this subsection (2), do not require morethan normal and reasonable maintenance practices; and
Do not require additional fees or loaded mode testing equipment.
Fleet owners shall test opacity standards on a periodic basis. Fleet owners shall usean opacity meter to test vehicles that are greater than ten model years old, but may use an automated opacity metering protocol to test vehicles that are less than or equal to ten model years old.
(b.5) As an alternative to automated or visual opacity testing, the commission may promulgate rules that establish an alternative method for operators of heavy-duty diesel vehicles to demonstrate compliance with opacity standards by following and submitting proof of exemplary maintenance practices. Any commission rules promulgated under this paragraph (b.5) must contain eligibility requirements for enrollment of heavy-duty diesel vehicles in the alternative method, including when vehicles or fleets should be discontinued from enrollment.
(I) Except as provided in subparagraph (II) of this paragraph (c), the commissionshall exempt a new diesel vehicle enrolled in the fleet inspection and maintenance program from testing until the vehicle has reached its fourth model year or, if ownership of the vehicle is transferred after the vehicle has reached its third model year, until the date of the transfer of ownership.
(II) If a new diesel vehicle has a gross vehicle weight rating of at least twenty-six thousand pounds and is of a model year of 2014 or newer, the commission shall exempt the vehicle from testing until the vehicle has reached its sixth model year or, if ownership of the vehicle is transferred after the vehicle has reached its fifth model year, until the date of the transfer of ownership.
(d) The commission shall promulgate rules providing for the testing of diesel vehicles every:
(I) Twelve months unless subparagraph (II) of this paragraph (d) applies; or (II) Twenty-four months if the vehicle is equal to or less than ten model years old.
(2.5) An owner of a fleet registered in the program area may certify to the executive director or the executive director's designee, in a form and manner required by the executive director, that a diesel vehicle registered in the program area is physically based and principally operated from a terminal, division, or maintenance facility outside the program area. Any diesel vehicle registered in the program area, but certified to be physically based and principally operated from a terminal, division, or maintenance facility outside the program area, is exempt from this section. The commission shall promulgate rules to administer this subsection (2.5).
(3) (a) and (b) (Deleted by amendment, L. 2003, p. 1023, § 1, effective August 6, 2003.)
(c) On or after January 1, 1990, in addition to any other penalty set forth in this subsection (3), any owner who is subject to the provisions of this section and who commits an excessive violation of this section twice in a twelve-month period shall be subject to the provisions of this part 4. For purposes of this paragraph (c), "excessive violation" shall be that definition recommended by the governor's blue ribbon diesel task force in 1988 and thereafter adopted by the air quality control commission, or, if such task force does not make a recommendation, "excessive violation" shall be that definition adopted by the air quality control commission.
(4) As used in this section, "fleet" means nine or more diesel-powered motor vehicles.
Source: L. 94: (2) and (3)(b) amended, p. 2814, § 593, effective July 1; entire title amended with relocations, p. 2325, § 1, effective January 1, 1995. L. 2003: (1), (2), (3)(a), and (3)(b) amended, p. 1023, § 1, effective August 6. L. 2004: (2)(c) amended, p. 253, § 2, effective July 1. L. 2011: (2.5) added, (HB 11-1157), ch. 259, p. 1134, § 1, effective August 10. L. 2013: (2) amended, (HB 13-1091), ch. 94, p. 300, § 1, effective January 1, 2014. L. 2015: (2)(c) amended, (HB 15-1134), ch. 172, p. 542, § 2, effective August 5.
Editor's note: (1) This section is similar to former § 42-4-320 as it existed prior to 1994.
(2) Amendments to subsections (2) and (3)(b) by House Bill 94-1029 were harmonized with Senate Bill 94-001.