Section 301-B. Heavy duty vehicle emissions

1. It shall be a violation to
  operate a heavy duty  vehicle  which,  when  tested,  exceeds  emissions
  levels  set  forth  in section 19-0320 of the environmental conservation
  law or regulations adopted thereunder.  The  following  penalties  shall
  apply  to  any  violation  found  as  a  result  of  roadside  emissions
  inspections:
    a.     First violation:                    $700.00
           Second and subsequent violations:   $1300.00.
    b. The penalties set forth in paragraph a of this subdivision shall be
  reduced to one hundred fifty dollars for the first  violation  and  five
  hundred dollars for the second and subsequent violations by the court or
  administrative tribunal before which the summons or appearance ticket is
  returnable  if  the  violation  set  forth  in the summons or appearance
  ticket is corrected not later than thirty days after the issuance of the
  summons or appearance ticket and proof of such correction, as defined in
  paragraph  c  of  this  subdivision,  is  submitted  to  the  court   or
  administrative  tribunal.  The penalties described in this section shall
  not apply to vehicles defined by section one hundred forty-two  of  this
  chapter  or  owned  by  a  county,  town,  city,  or village for a first
  violation provided the vehicle is repaired within thirty days of  ticket
  issuance.
    c.  Acceptable proof of repair or adjustment shall be submitted to the
  court or administrative tribunal on or before the  return  date  of  the
  summons  or  appearance  ticket  in  a  form  and  manner  prescribed by
  regulations adopted pursuant to this section.
    2. It  shall  be  a  violation  to  operate  any  heavy  duty  vehicle
  registered  or  required  to  be  registered  in  this  state  without a
  certificate  of  inspection  resulting  from  an  annual  inspection  as
  required  by  section  19-0320  of the environmental conservation law or
  regulations adopted thereunder. The following violation structure  shall
  apply to such violations:
    a.     First violation:                    $ 700.00
           Second and subsequent violations:   $1300.00.
    b.  The  penalties defined in paragraph a of this subdivision shall be
  reduced to three hundred fifty dollars for the first violation and seven
  hundred fifty dollars for second  and  subsequent  violations,  provided
  that  the vehicle in question bears a certificate which was valid within
  the last thirty days. The penalties described in this section shall  not
  apply  to  vehicles  defined  by  section  one hundred forty-two of this
  chapter or owned by a  county,  town,  city,  or  village  for  a  first
  violation provided the vehicle is inspected within thirty days of ticket
  issuance.
    3.  Any  fines  collected  for  violations  of  this  section shall be
  deposited in the clean air fund, to the  credit  of  the  mobile  source
  account  in accordance with the provisions of section ninety-seven-oo of
  the state finance law.
    4. Notwithstanding the provisions of this section, no penalty shall be
  imposed pursuant to this section where the operator of such vehicle  has
  been  convicted  of  the  same  violation arising from the same incident
  pursuant to section 19-0320 of the environmental conservation law.