Sec. 217-6.3. Motor vehicle exhaust and emission standards and inspection procedure

(a) In accordance with the applicability set forth in section 217-6.2 of this Subpart, no person who owns, operates, or leases a nonelectric powered passenger car or light-duty truck subject to the requirements of this section shall operate said vehicle, or allow or permit it to be operated, in such a manner that:

(1) effective January 1, 2011, for model year 1996 and newer non-diesel motor vehicles not greater than 8,500 pounds GVWR, the on-board diagnostic system:

(i) fails to function as designed; or

(ii) fails to complete diagnostic routines for necessary supported emission control systems; or

(iii) indicates that the malfunction indicator light fails to illuminate at the starter switch key-on-engine-off position; or

(iv) the malfunction indicator light is illuminated when the engine is running; or

(v) the malfunction indicator light is commanded to be illuminated and diagnostic trouble codes are stored; or

(vi) fails to function as originally designed due to the installation of aftermarket parts prohibited by Subpart 218-7 of this Title;

(2) effective on January 1, 2012, for model year 1997 and newer diesel powered motor vehicles not greater than 8,500 pounds GVWR, the on-board diagnostic system:

(i) fails to function as designed; or

(ii) fails to complete diagnostic routines for necessary supported emission control systems; or

(iii) indicates that the malfunction indicator light fails to illuminate at the starter switch key-on-engine-off position; or

(iv) the malfunction indicator light is illuminated when the engine is running; or

(v) the malfunction indicator light is commanded to be illuminated and diagnostic trouble codes are stored; or

(vi) fails to function as originally designed due to the installation of aftermarket parts prohibited by Subpart 218-7 of this Title.

(b) In accordance with the applicability set forth in section 217-6.2 of this Subpart, any person who owns, operates, or leases a nonelectric powered motor vehicle subject to the requirements of this section shall have adjustments, repairs, or replacements made to said vehicle to ensure that the requirements of subdivision (a) of this section are met unless an emission inspection waiver is issued by the Department of Motor Vehicles pursuant to 15 NYCRR section 79.25.