CHAPTER Saf-C 5800 ROADSIDE DIESEL OPACITY INSPECTION
Statutory Authority: 1998 NH Laws 207
PART Saf-C 5801 PURPOSE AND SCOPE
Saf-C 5801.01 Statement
of Intent. The purpose of these
rules is to implement a roadside heavy-duty diesel emissions testing program
mandated by the New Hampshire Legislature as part 1998 NH Laws 207. The law was passed pursuant to the State’s
agreement with the Federal Environmental Protection Agency on an overall clean
air strategy under the provisions of the federal Clean Air Act Amendments of
1990.
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Saf-C 5801.02 Applicability. These rules shall apply to all diesel powered
motor vehicles with a manufacturer’s gross vehicle weight rating of 10,000
pounds or more and all diesel-powered buses manufactured to carry 25 or more
passengers, whether these vehicles are registered in New Hampshire or another
jurisdiction.
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Saf-C 5801.03 Incorporation
by Reference. Diesel smoke opacity
testing shall be conducted in accordance with The Society of Automotive Engineers’
(SAE) J1667 “Snap Acceleration Smoke Test Procedure.”
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PART Saf-C 5802 DEFINITIONS
Saf-C 5802.01 Construction
of Terms. For the purposes of this
rule, the following words and terms have the following meanings when used in
the text of the rule. Other technical
terms that may be used in the rule in reference to the SAE J1667 test procedure
but not defined herein, shall have the meanings defined in the SAE J1667 test
procedure.
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Saf-C 5802.02 “Black
smoke” means smoke emitted from the exhaust stack of a diesel-powered vehicle
that has a dark value with no color hues other than black.
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Saf-C 5802.03 “Blue
smoke” means smoke emitted from the stack or engine area of a diesel-powered
vehicle that, using the visible light spectrum as a guide, displays an obvious
hue of the color blue.
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Saf-C 5802.04
“Commissioner” means the Commissioner of the Department of Safety.
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Saf-C 5802.05
“Department” means the New Hampshire Department of Safety.
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Saf-C 5802.06.
“Diesel-powered” means a vehicle using diesel fuel and a compression
ignition type engine.
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Saf-C 5802.07
“Director” means the director of the New Hampshire Division of Motor
Vehicles.
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Saf-C 5802.08
“Division” means New Hampshire Division of Motor Vehicles.
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Saf-C 5802.09
“Driver” means the person driving the vehicle at the time of pullover.
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Saf-C 5802.10
“Emissions” or “exhaust emissions” means any substances, including
liquids and solids, emitted in the gaseous stream released into the atmosphere
from any opening downstream from the exhaust ports of a motor vehicle engine.
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Saf-C 5802.11
“Exhaust stack diameter” or “stack diameter” means the diameter of the
appropriate portion of the vehicle’s exhaust piping, as determined by the SAE
J1667 test procedures, that may be measured and entered into the smokemeter as
part of the diesel opacity test.
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Saf-C 5802.12
“Governor” means a device on the diesel engine installed by the
manufacturer for the purposes of limiting maximum engine RPM.
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Saf-C 5802.13 “Gross
vehicle weight rating” or “GVWR” means the weight specified by the manufacturer
as the maximum loaded weight of a single or combination vehicle.
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Saf-C 5802.14
“Heavy-duty diesel vehicle” or “HDDV” means a diesel-powered vehicle or
bus with a GVWR of 10,000 pounds or more.
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Saf-C 5802.15
“Opacity” means the extent to which black exhaust, as measured by a
smokemeter and expressed as a percentage, blocks the transmission of light (e.g., smoke that completely blocks out
all light has 100% opacity).
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Saf-C 5802.16
“Owner” means the person or business entity that owns, leases or is otherwise primarily responsible for the
registration, operation and maintenance of the subject vehicle.
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Saf-C 5802.17 “Quick
Screen” means the process by which a subject vehicle initially selected for
pullover may be exempted from the full SAE J1667 test procedure by performing
two “snaps” of the accelerator pedal and displaying no visible black smoke.
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Saf-C 5802.18 “SAE
J1667" means the Society of Automotive Engineers’ J1667 Snap Acceleration
Smoke Test Procedure recommended for diesel smoke opacity testing.
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Saf-C 5802.19
“Smoke” means the emissions, including any solid or liquid substance,
released into the atmosphere as a result of combustion.
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Saf-C 5802.20
“Smokemeter” means a device used for the measurement of the smoke or
exhaust emissions of a diesel-powered motor vehicle.
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Saf-C 5802.21 “Snap
acceleration” means the SAE J1667 test procedure and refers to the rapid
depression of the accelerator pedal by the vehicle operator in order to reach
maximum governed RPM as part of the test.
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Saf-C 5802.22
“Subject vehicle” means any vehicle that may be subject to testing as
listed in Saf-C 5801.02 and not otherwise exempted from testing.
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PART Saf-C 5803 INSPECTION REQUIRED
Saf-C 5803.01 Vehicle
Inspection.
(a) All heavy-duty
diesel-powered trucks, and all diesel-powered buses manufactured to carry 25 or
more passengers operating on the highways, roads and public ways of
(b) Testing shall be
performed by officers of the New Hampshire State Police Bureau of Highway
Enforcement, in cooperation with the Air Resources Division of the Department
of Environmental Services.
(c) Testing shall be
conducted as part of normal Bureau operations, either in conjunction with Motor
Carrier Safety Assistance Program (MCSAP) inspections or other heavy duty
vehicle enforcement duties.
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Saf-C 5803.02 Exemptions.
(a) The following
HDDVs shall be exempt from the SAE J1667 test procedure:
(1) All federal vehicles, including military
vehicles.
(2) Vehicles that pass the initial “Quick Screen”
process upon being selected for pullover.
(3) Vehicles that have:
a. Within the previous year, passed a diesel
opacity test in New Hampshire or any other state that conducts opacity testing,
and
b. Can present written record of such a passed
diesel opacity test, or
c. Within the previous year
have failed a diesel opacity test in
(b) Notwithstanding
(a), above, officers may require an opacity test of any subject vehicle that
appears to be emitting visible black smoke such that said vehicle would
otherwise not qualify for an exemption under the Quick Screen procedure
described in Saf-C 5804.02, below.
(c) The Commissioner
may make provisions for recognizing the results of opacity tests substantially
similar to the SAE J1667 test procedure that within the previous 12 months have
been performed by other states or provinces on a subject vehicle selected for
pullover in
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PART Saf-C 5804 TEST PROCEDURES AND STANDARDS
Saf-C 5804.01 Initial
Pullover.
(a) Subject vehicles
shall be selected for pullover as part of normal operations.
(b) Vehicles shall
be observed for smoke.
(c) Vehicles
emitting visible black smoke will be designated for the full SAE J1667 test
procedure.
(d) Vehicles emitting no obvious black smoke upon pullover will
be permitted to attempt to Quick Screen, as described in Saf-C 5804.02
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Saf-C 5804.02 Quick
Screen Test.
(a) In the absence of
visible smoke, vehicles selected for pullover shall be permitted to attempt to
“quick screen” before the undergoing the SAE J1667 test procedure.
(b) The Quick Screen
shall consist of two “snaps’ of the accelerator as described in the SAE J1667
test procedure.
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Saf-C 5804.03 Passing
the Quick Screen Test.
(a) Vehicles that
display no visible black smoke shall be deemed to have passed the Quick Screen.
(b) Said vehicles
shall provide the administering officer with the data and information listed in
Saf-C 5804.09(c).
(c) Said vehicles
shall receive a pass indication on the Diesel Opacity Results and Information
form.
(d) Vehicles that
pass the Quick Screen shall not have to undergo the SAE J1667 test procedure.
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Saf-C 5804.04 Quick
Screen Test.
(a) Vehicles that
display visible black smoke shall be deemed to have failed the Quick Screen.
(b) Said vehicles
shall be directed to undergo the full SAE J1667 test procedure.
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Saf-C 5804.05 Opacity
Test.
(a) The general diesel
smoke emissions test procedure shall be the SAE J1667 test procedure, also
known as the “snap acceleration diesel smoke opacity test.”
(b) The following
summary table of the SAE J1667 test procedure is provided solely as a
reference. For the purposes of this rule, the test procedure shall be the SAE
J1667 test procedure noted in 3(a). The
summary of this procedure is as follows:
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Table 1, Summary of Test
Procedure (1) Chock wheels. (2) Measure exhaust stack diameter and enter in
test equipment, if necessary. (3) Insert exhaust probe in stack. (4) Disengage brakes. (5) Place transmission in neutral. (6) Driver “snaps” the accelerator and holds at
governed speed for several seconds, then returns to idle speed. Snap acceleration procedure is repeated a
minimum of five times. (7) Average three last readings to determine
pass or fail. (8) Driver is given Pass/Fail result on test
form. |
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Saf-C 5804.06 Modification
of Procedures.
(a) The Department
may modify or depart from portions of these procedures so long as:
(1) The modifications do not represent an
unreasonable departure from the SAE J1667 test procedure, or
(2) The modifications are the result of
recommendations by the test equipment manufacturer, or
(3) The modifications are the result of
recommended changes in SAE J1667 procedures.
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Saf-C 5804.07 Certification
of Troopers. State troopers
administering the opacity test shall have received training from the equipment
vendor and shall be certified by the vendor as being trained in the performance
of the test.
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Saf-C 5804.08 Opacity
Standards. A vehicle will pass the
opacity test if its smoke measurement is at or below the following levels for
the model years indicated:
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Table 2. Opacity Standards |
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Opacity Level |
Model Year of Truck |
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40% |
1991 and newer |
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55% |
1974 to 1990 |
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70% |
1973 and older |
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Saf-C 5804.09 Opacity
Test Forms.
(a) Drivers of
vehicles that undergo the opacity test shall be given a copy of their test
results.
(b) The form given
to the operator shall contain at a minimum the following information:
(1) Date of inspection;
(2) Time (start and finish);
(3) License plate number;
(4) Test standards;
(5) Test results in percentage;
(6) Pass/fail indication;
(7) Information on fine payment and
administrative hearings;
(8) Information on repairs;
(c) The form to be
filled in and kept by the Department shall include the following information:
(1) Date of inspection;
(2) Inspector’s name or identification number;
(3) Start time of inspection;
(4) Ending time of inspection;
(5) Vehicle’s State of registration;
(6) Vehicle make;
(7) Vehicle year of manufacture;
(8) Vehicle identification number (VIN);
(9) Gross vehicle weight rating (GVWR);
(10) Engine make;
(11) Mileage;
(12) Stack diameter;
(13) Emissions test result in percentage
(opacity);
(14) PASS or FAIL indication;
(15) Quick Screen result.
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PART Saf-C 5805 ADMINISTRATIVE FINES
Saf-C 5805.01 Fines.
(a) The Department
may impose administrative fines upon the owner of any vehicle that fails the
roadside opacity test.
(1) The fine for the first violation shall be
$100.
(2) The fine for a second violation within one
year of the first violation, not to be imposed earlier than 60 days from the
date of the first violation, shall be $300.
(3) The fine for a third or subsequent violation
within one year of the first violation shall be not more than $500.
(b) All fines
assessed pursuant to this rule shall be payable to the Department and shall be
deposited in the highway fund.
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Saf-C 5805.02 Payment
of Fine.
(a) The owner of any
vehicle cited for a violation of diesel opacity standards under the provisions
of this rule may, within 30 days of the violation pay the designated fine by
mail, in person, or by phone.
(b) Payment of the
fine shall be deemed a waiver of the right to request a hearing.
(c) If a fine is
paid by mail, payment shall be in the form of a personal check, cashier's
check, money order, or by providing a credit card number, expiration date, and
name of the card holder. All payments of
fines by mail shall be addressed to:
"Department of Safety
Administrative Fine Payment
(d) If a fine is
paid in person, it shall be made at the department at
(e) If a fine is
paid by telephone with a credit card, payment shall be made by calling the
number indicated on the emissions fine form, and providing the name on the
credit card, the credit card number, expiration date and the date and number of
the emissions fine.
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Saf-C 5805.03 Request
for Hearing. If a person wishes to
contest the administration fine he or she may request an administrative hearing
by sending their request for a hearing to Bureau of Hearings,
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Saf-C 5805.04 Conduct
of Hearing. Hearings conducted in
accordance with the request shall be heard by a hearings examiner of the Department
of Safety.
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Saf-C 5805.05 Scope
of Hearing. The scope of the hearing
shall be limited to:
(a) A determination
as to whether the vehicle passed or failed the opacity test.
(b) A determination
as to the correctness of the performance of the test procedure.
(c) Other mitigating
factors that may be relevant to the finding that there was a violation.
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Saf-C 5805.06 Failure
to Comply with Order. The Department
may require an administrative hearing under RSA 263:56-a for any owner who
accrues a total of three or more violations within a period of one year.
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Saf-C 5805.07 Review
by Commissioner. The commissioner
shall have the authority to waive or reduce any fine assessed pursuant to this
section.
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