New Jersey enforcement of Diesel Emissions regulations and Statutes can be made by any Law Enforcement Agency. The violations are typically written under NJSA 39:8-62 although sometimes mistakenly written under the penalty statute of NJSA 39:8-64. The fines for these violations are $700 for a first offense and $1,300 for a subsequent offense reduced to $500 on subsequent inspection. If the enforcement agency is seeking a second level penalty it must be stated on the ticket or summons, this usually is never done. The fine can be reduced to $150 if a Diesel Inspection is conducted within 45 days from the date of the violation. The reduction in penalty is not mandatory as the Statute gives Municipal Judges discretion stating the fine may be reduced and not shall be reduced. The Weehawken Municipal Court usually will not reduce the fine even with a subsequent passing inspection. The statute does contain some limitations and legal defenses. First it allows for a three month grace period after the annual inspection is due for renewal making the statute only enforceable 9 months of the year after the initial three month grace period. Moreover, the statute is frequently asserted against out of state registered vehicles in an attempt to piggy back the out of state inspection sticker expiration to subject the operator to a fine in New Jersey. Our firm has made many successful challenges to this enforcement and we have had cases dismissed due to this enforcement as violating the United States Constitution's Commerce Clause and as outside the Statutory and Regulations of New Jersey. If you are an out of state owner - operator or driver of another State's Registered vehicle contact our firm and we will obtain a dismissal of your Diesel Emission Ticket.
CALL TODAY FOR A FREE INITIAL CONSULTATION
NEW JERSEY DIESEL EMISSION TICKET LAWYER
STEVEN P. LOMBARDI, ESQ.
Steven P. Lombardi is a highly experienced New Jersey Ticket Attorney. He is a Ticket Lawyer practicing in all New Jersey Municipal Courts.
Emission Tests Diesel Private Inspection Facilities (PIF's) may set their own fee for inspection and may not charge sales tax for the inspection or the inspection sticker. Your vehicle must complete one of the following tests: Rolling acceleration test is performed on all electronically controlled heavy-duty diesel vehicles with low-speed engines and idle speeds less than 1600 rpm, or with engine speed rise times during the snap acceleration of over 1.7 seconds Stall acceleration test is conducted on all heavy-duty diesel vehicles with GVWR of 18,000 pounds or more that are equipped with medium or high-speed diesel engines and automatic transmissions Snap acceleration test is used on all heavy-duty diesel vehicles with GVWR of 18,000 pounds or more that are equipped with low-speed engines and manual or automatic transmissions, or equipped with medium-speed engines and manual transmissions
Fines If you fail to have your vehicle inspected, you may be subject to a summons of $500 if stopped by law enforcement.
If you fail a roadside smoke emission inspection conducted by MVC in conjunction with the New Jersey State Police, you will be subjected to the following penalties: $700 for the first offense (reduced to $150 if paid within 45 days and with proof of repairs) $1300 for the second offense (reduced to $500 if paid within 45 days and with proof of repairs)
Law Office of Steven P. Lombardi
318 Main Street
Suite 200 C
Millburn, NJ 07041
Or use our contact form.
9 AM -5 PM Monday through Friday