(1) (a) A person commits a class A traffic infraction if the person causes or permits the emission into the atmosphere from:
(I) Any motor vehicle, including a motorcycle, powered by gasoline or any fuel except diesel of any visible air pollutant as defined in section 25-7-103 (1.5), C.R.S.;
(II) Any diesel-powered motor vehicle, of any visible air pollutant, as defined in section 25-7-103 (1.5), C.R.S., which creates an unreasonable nuisance or danger to the public health, safety, or welfare.
(b) Violations of this section may be determined by visual observations, including the snap acceleration opacity test, or by test procedures using opacity measurements.
(c) The provisions of paragraph (a) of this subsection (1) shall not apply to emissions caused by cold engine start-up.
(2) (a) The air quality control commission shall determine the minimum emission level of visible air pollutants from diesels which shall be considered to create an unreasonable nuisance or danger to the public health, safety, and welfare. Such minimum emission level shall be based on smoke levels attainable by correctly operated and maintained in-use diesel vehicles, considering altitude and other reasonable factors affecting visible smoke levels. In no case shall such level be less than twenty percent opacity when observed for five seconds or more. On interstate highways, opacity may be observed for ten seconds. Standards for transient conditions with no time limit shall also be established. Not later than December 1, 1979, the division shall develop a training course and qualification test designed to enable peace officers and environmental officers to ascertain violations of such standards without reference to opacity levels and to distinguish between air pollutants as defined in section 25-7-103 (1.5), C.R.S., and steam or water vapor.
(b) (I) The Colorado state patrol of the department of public safety shall offer the training course and qualification test.
(II) (Deleted by amendment, L. 96, p. 1263, � 171, effective August 7, 1996.)
(3) (a) This section shall apply only to motor vehicles intended, designed, and manufactured primarily for use in carrying passengers or cargo on roads, streets, and highways.
(b) Subparagraph (II) of paragraph (a) of subsection (1) of this section shall apply to all areas of the state except the program area, which program area shall be subject to section 42-4-413.
(4) (a) Effective January 1, 1980, the offense of causing air pollution pursuant to this section, upon conviction, is punishable by a fine of twenty-five dollars.
(b) Subsequent offenses involving the same motor vehicle within one year of a conviction under the provisions of paragraph (a) of this subsection (4), upon conviction, shall be punishable by a fine of one hundred dollars.
(c) Any owner who receives a citation under the provisions of this section may continue to use the vehicle for which the offense is alleged, without restriction, until such owner's conviction.
(d) Any fines collected pursuant to the provisions of this subsection (4) shall be divided in equal amounts and transmitted to the treasurer of the local jurisdiction in whose name the penalty was assessed and to the state treasurer for credit to the general fund.
Source: L. 94: Entire title amended with relocations, p. 2322, � 1, effective January 1, 1995. L. 95: (1)(a) amended, p. 955, � 12, effective May 25. L. 96: (2) amended, p. 1263, � 171, effective August 7. L. 2002: IP(1)(a) amended, p. 1561, � 366, effective October 1. L. 2003: (1)(b) and (4)(c) amended, p. 1025, � 5, effective August 6. L. 2009: (3)(b) amended, (SB 09-003), ch. 322, p. 1720, � 5, effective June 1. L. 2021: IP(1)(a) amended, (SB 21-271), ch. 462, p. 3304, � 727, effective March 1, 2022.
Editor's note: This section is similar to former � 18-13-110 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending the introductory portion to subsection (1)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-4-413. Visible emissions from diesel-powered motor vehicles unlawful - penalty. (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:
(I) Air contaminant means any fume, odor, smoke, particulate matter, vapor, gas, or combination thereof, except water vapor or steam condensate.
(II) Emission means a discharge or release of one or more air contaminants into the atmosphere.
(III) 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.
(IV) Trained observer means a person who is certified by the department of public health 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 no-smoke. 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 twenty-five 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.
(e) Upon a showing of good cause that compliance with this section cannot be made within 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.
(f) The owner or operator, in lieu of appearance, may submit to the court of competent jurisdiction, 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.
42-4-414. Heavy-duty diesel fleet inspection and maintenance program - penalty - rules. (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:
(I) 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;
(II) Are strictly construed;
(III) Except as provided in paragraph (b.5) of this subsection (2), do not require more than normal and reasonable maintenance practices; and
(IV) Do not require additional fees or loaded mode testing equipment.
(b) Fleet owners shall test opacity standards on a periodic basis. Fleet owners shall use an 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.
(c) (I) Except as provided in subparagraph (II) of this paragraph (c), the commission shall 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.