6 CRR-NY 217-5.8NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 217. MOTOR VEHICLE EMISSIONS
SUBPART 217-5. HEAVY DUTY INSPECTION AND MAINTENANCE PROGRAM
6 CRR-NY 217-5.8
6 CRR-NY 217-5.8
217-5.8 Hardship waiver.
(a) If a HDDV has been repaired after failing to meet the standards set forth in Table 1 of this Subpart as required in section 217-5.3 of this Subpart and the HDDV fails to meet the standards set forth in Table 1 of this Subpart after retesting, a hardship waiver may be granted by NYSDEC if all of the following conditions are met:
(1) all components or elements of design including, but not limited to, all emission control apparatus and speed governing devices required to be installed on the vehicle or diesel engine in order for that engine to meet its engine emission certificate of conformance are properly installed. The cost for replacement of missing emission control apparatus or governing devices or warranty repairs does not count towards the hardship waiver cost; and
(2) repairs and adjustments have been properly made and documented and the cost equals or exceeds the value contained in Table 3 of this Subpart for the proper GVWR category. The waiver amounts contained in Table 3 of this Subpart may be adjusted by the NYSDEC to account for increases in the Consumer Price Index (CPI).
Table 3
Minimum Hardship Waiver Repair Costs by GVWR of HDDV
| Gross vehicle weight rating (GVWR in lbs) | Minimum repair cost for hardship waiver |
|---|---|
| 8,501 to 18,000 | $1,000 |
| 18,001 to 26,000 | $2,000 |
| Over 26,000 | $4,000 |
(b) The commissioner or a commissioner's representative reserves the right to inspect a vehicle and proof of repair before or after the waiver is issued to verify that the repairs have been made and associated repair costs have been documented.
6 CRR-NY 217-5.8
Current through December 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.