Police Complaint Form Wake County Nc by qxv49469


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									    SMOKING VEHICLE
    E N F O RC E M E N T

                    What is it?                                Shared Impact and Benefits
    North Carolina G.S. 20-128.1 “Control of Visible       •   NOx (Oxides of Nitrogen) that form ozone come
    Emissions” prohibits any gasoline-powered motor            from both smoking and non-smoking vehicles,
    vehicle registered and operated in the State from          but smoking vehicles tend to emit more hydro-
    emitting visible air contaminants under any mode of        carbons and fine particles. All contribute to
    operation for longer than five consecutive seconds.        poor air quality, so cleaning up smoking vehi-
    This law allows police departments or air quality          cles makes a visible contribution to cleaner air.
    agents to enforce the regulation. There are also
    provisions in North Carolina for citizens to report    •   As citizens witness enforcement of smoking ve-
    smoking vehicles. Clearing the roads of smoking            hicles, the public associates this activity with
    vehicles helps clear the air, which makes breathing        overall efforts to clean up the air, and may be
    a little easier for everyone.                              encouraged to act individually to improve air

                                                           •   This action contributes to a better quality of life
                        Costs                                  in the region because well-tuned cars release
                                                               fewer harmful pollutants that citizens must en-
       Assuming that salaried officers patrol 24               dure as smoking vehicles pass by.
       hours a day and seven days a week, no
       costs would need to be incurred in terms of
       additional personnel.

                                    This Action Item can       How long does this take to
                                    be implemented as a
                                                               The time to implement this action will vary by
                                                               jurisdiction. Once a decision is made that
                                       PROGRAM                 local law enforcement officers will actively
                                                               enforce the General Statute, implementation
                                                               can be immediate.

                                           The Bottom Line
•     The NC General Statute authorizing the enforcement of visible emissions has existed since 1971.
•     Smoking vehicles contribute many pollutants to the air—significantly more than well-tuned vehicles.
•     This action is particularly easy to implement because the law is already in place and police and/or air
      quality personnel already exist to enforce this law.
                                             Interested? Read on!
        PAGE 2                                            S M O K I N G V E H I C L E E N F O R C EM E N T

        W h o n e e d s t o b e i nvo l ve d i n i m p l e m e n t a t i o n ?
        •   Local governing board (to endorse a pol-                  •    Local inspection and maintenance
            icy stepping up enforcement of the stat-                       garages and mechanics
            ute controlling visible emissions)                        •    Community groups
        •   Local law enforcement agencies                            •    Environmental groups
        •   Local air quality staff                                   •    Citizens

                                            Action Steps
    1. Read the Basic Information section below.
    2. Endorse, at the local governing board level and the enforcement agency level, stepped-up en-
       forcement of the smoking vehicle regulations.
    3. Include public involvement by promoting North Carolina Division of Air Quality’s (NCDAQ) Smok-
       ing Vehicle Reporting program, or initiate a local program to receive citizens’ reports. Upon re-
       ceiving a citizen’s complaint, NCDAQ staff send a letter to the vehicle owner informing them their
       vehicle has been reported and recommends repairs.
    4. Educate law enforcement officials about why smoking vehicles contribute to our air quality prob-
       lems and that poor air quality poses a threat to sensitive populations such as children and the eld-
    5. Inform the public through press releases and news outlets that regulation enforcement is planned
       to protect threatened air quality.
    6. Consider a short-term enforcement blitz/initiative at the beginning and end of each ozone season
       (beginning of May and end of September) to publicize the statute, similar to law enforcement ef-
       forts to combat littering. The initiative would educate the public and acquaint police officers with
       the regulation. This approach is very similar to the “Click It or Ticket” campaigns used success-
       fully to increase seat belt usage.
    7. The program could begin with warnings and graduate to greater enforcement actions. These
       greater actions would use procedures established for cited violators to demonstrate compliance
       within 30 days of citation, such as providing receipts for repairs or copies of re-testing results from
       a certified inspection station.
    8. Track the number of vehicles identified and repaired.

•    Costs vary depending on the method of enforcement chosen (complaint basis, short-term enforcement
     initiative, trained staff reports, roadside pullover by law enforcement agencies, etc.).

•    This could be done as part of regular patrols and done within the context of a “warning-only” program,
     thereby taking very little time.

•    Complaints from the public could all be directed to the existing North Carolina Division of Air Quality
     web site, which is organized to receive smoking vehicle reports and issue standardized notification/
     violation letters.

•    Vehicles with visible emissions can indicate a problem with the engine. Repair costs range from $60-
S M O K I N G V EH I C L E E N F O R C E M E N T                                           PAGE 3

                                   W h o ’s d o i n g t h i s ?
A number of states have programs with enforcement measures for smoking vehicles:
•   Nevada DMV Smoking Vehicles Program- enforcement after multiple complaints
•   Denver region work group on Smoking Vehicles initiative
•   Broward County Smoking Vehicles - enforcement measures
•   South Coast Air Quality Management- Cut-Smog
•   Boulder, CO smoking vehicles enforcement
•   Mecklenburg County's 'Smokin' & Chokin' Program
•   The North Carolina Division of Air Quality

Additionally, a number of states and regions have voluntary programs:
•   Texas Smoking Vehicle Program- complaint format system. Citizen notifies TCEQ, then TCEQ notifies
    smoking vehicle owner along with suggestions.
•   Ventura County Voluntary Program
•   The Bay Area Voluntary Smoking Vehicle Program
•   Tucson Smoking Vehicles (report suggestion to car owner)
•   Des Moines Smoking Tailpipe Program

ANY jurisdiction having law enforcement as a part of its local government responsibilities can implement
this program. Additionally, it is wise for both public and private fleet managers to pay attention to smoking
vehicle issues as a part of the regular maintenance program.

                                   Basic Infor mation
•   Currently South Carolina has no Smoking Vehi- •        Diesel-powered vehicles, in addition to having
    cle enforcement legislation.                           visible emissions present for longer than 5 con-
                                                           secutive seconds, must also be shown to be
•   Reporting of vehicles with smoking tailpipes is        emitting contaminants “equal to or darker than a
    possible on the web or via email to the NC Divi-       shade or density of twenty percent (20%) opac-
    sion of Air Quality at http://daq.state.nc.us/         ity.” Air Quality enforcement experts note that
    motor/smoking.shtml                                    only certified “smoke readers” can make this de-
                                                           termination accurately. In other words, enforce-
•   North Carolina statute G.S. 20-128.1 “Control of       ment of diesel-powered vehicles requires a
    Visible Emissions” (see attached text) makes           higher level of training and, therefore, cost to en-
    the detection of violations among gasoline-            forcement agencies.
    powered motor vehicles much easier than
    among diesel vehicles.
        PAGE 4                                             S M O K I N G V E H I C L E E N F O R C EM E N T

                              Basic Infor mation (cont.)
•     “Smoke” produced by vehicles is usually a result           from City and County departments to identify
      of burning oil or “oil blow by” and is produced by         and ticket smoking vehicles.
      very poorly maintained vehicles.                        E. Roadside Pullover-- conducted by local law
•     A substantial effort in the Denver area has iden-       F. Complaint System
      tified a number of potential strategies to reduce
      smoking vehicle emissions. A combination of             As found in An Analysis of Strategies to Repair
      the more feasible actions is proposed for this re-      and Retire Smoking Vehicles on the Front
      gion. Denver considered a number of strategies          Range. A draft for discussion purposes only.
      including:                                              Presented to the Regional Air Quality Council
                                                              Workgroup on Smoking and High Emitting Vehi-
      A. Inspection and Maintenance: more frequent            cles, May 28, 2002.
          inspection of automobiles that fail the Smok-
          ing Vehicle Visual Inspection                 •     Smoking vehicles enforcement is not a cure-all,
      B. RSD4000-- an enhanced remote sensing pro-            because NOx is not visible—so smoking vehicle
         gram                                                 enforcement has only a minor impact on NOx
      C. Hotline Enhancements-- to identify and in            emissions. It is important that additional strate-
         form smoking vehicle owners of options to re         gies more specifically aimed at NOx reduction
         pair their vehicles.                                 be implemented if the jurisdiction wants to ad-
      D. Trained Staff Model-- volunteer field staff          dress ground-level ozone formation.

                                          Tracking Progress
    • Let Centralina Council of Governments know when you’ve implemented this action by con-
      tacting Carol Lewis at 704-348-2730 or clewis@centralina.org so that we can document your

    • Track the number of vehicles warned as well as those cited. Of those cited, note the ultimate out-
      come of each case (e.g.- sold the vehicle, passed inspection with repairs, appeared in court and
      found guilty/not guilty, etc.).

                                                  FAQ ’ S
Q: What vehicles are currently required to be emissions tested?
A: In North Carolina, all gasoline-powered vehicles (except motor homes and motorcycles) less than 25
  years old and registered in the following “emissions” counties: Wake, Forsyth, Guilford, Durham, Cabar-
  rus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Orange, Rowan, Stanly, and Union will
  require an exhaust emission test by December 31, 2005.

For additional FAQs about North Carolina smoking vehicle law, see the DMV website at:
S M O K I N G V EH I C L E E N F O R C E M E N T                                          PAGE 5

                        Intersecting Interests

                               ENHANCED OZONE
    AIR AWARENESS                AWARENESS                 CLEAN AIR POLICY

    Smoking vehicles          Reducing the number           An effective Clean
    releas e     harmf ul     of smoking vehicles           Air Policy should
    chemicals into the        on the road will help         consider the broad
    air that have been        decrease the amount           range of air pollutant
    linked to a host of       of   ground-level             sources, including
    health     problems,      ozone.                        smoking vehicles.
    particularly respira-
    tory ailments.

                  Fo r M o r e I n f o r m a t i o n
•    To register a smoking vehicle complaint, fill out a Smoking Vehicle Complaint Form at:

•    For additional information at the NC Division of Air Quality, contact:
     ♦ Ernestine Hicks, phone: (919) 733-1766
     or email: ernestine.hicks@ncmail.net
     ♦ Laura Cole, phone: (919) 733-1482
     or email: laura.cole@ncmail.net
     ♦ Donnie Redmond, phone: (919) 733-1481
     or email: donnie.redmond@ncmail.net

•    North Carolina Department of Environment and Natural Resources – Division of Air Quality – Motor Ve-
     hicles - http://daq.state.nc.us/motor/

•    In Mecklenburg County, http://www.CharMeck.org/Departments/LUESA/Air+Quality/Public+Interest/

•    For additional information at Mecklenburg County Division of Air Quality, please contact: (704)336-
     5500, FAX 704-336-4391, e-mail MCDEP01@Co.Mecklenburg.NC.US
  PAGE 6                                                    S M O K I N G V E H I C L E E N F O R C EM E N T

                                       North Carolina General Statute
        Part 9. The Size, Weight, Construction and Equipment of Vehicles.
        § 20-128.1. Control of visible emissions.
          (a) It shall be a violation of this Article:
              (1) For any gasoline-powered motor vehicle registered and operated in this State to emit
                  visible air contaminants under any mode of operation for longer than five consecutive
              (2) For any diesel-powered motor vehicle registered and operated in this State to emit for
                  longer than five consecutive seconds under any mode of operation visible air contami-
                  nants which are equal to or darker than the shade or density designated as No. 1 on
                  the Ringelmann Chart or are equal to or darker than a shade or density of twenty per-
                  cent (20%) opacity.
          (b) Any person charged with a violation of this section shall be allowed 30 days within which
        to make the necessary repairs or modification to bring the motor vehicle into conformity with
        the standards of this section and to have the motor vehicle inspected and approved by the
        agency issuing the notice of violation. Any person who, within 30 days of receipt of a notice of
        violation, and prior to inspection and approval by the agency issuing the notice, receives addi-
        tional notice or notices of violation, may exhibit a certificate of inspection and approval from the
        agency issuing the first notice in lieu of inspection and approval by the agencies issuing the
        subsequent notices.
          (c) The provisions of this section shall be enforceable by all persons designated in G.S. 20-
               49; by all law-enforcement officers of this State within their respective jurisdictions; by the
               personnel of local air pollution control agencies within their respective jurisdictions; and by
               personnel of State air pollution control agencies throughout the State.
          (d) Any person who fails to comply with the provisions of this section shall be subject to the
               penalties provided in G.S. 20-176. (1971, c. 1167, s. 10.)

        Part 12. Sentencing; Penalties.
        § 20-176. Penalty for misdemeanor or infraction.
         (a) Violation of a provision of Part 9, 10, 10A, or 11 of this Article is an infraction unless the
             violation is specifically declared by law to be a misdemeanor or felony. Violation of the re-
             maining Parts of this Article is a misdemeanor unless the violation is specifically declared
             by law to be an infraction or a felony.
         (b) Unless a specific penalty is otherwise provided by law, a person found responsible for an
             infraction contained in this Article may be ordered to pay a penalty of not more than one
             hundred dollars ($100.00).
         (c) Unless a specific penalty is otherwise provided by law, a person convicted of a misde-
             meanor contained in this Article is guilty of a Class 2 misdemeanor. A punishment is spe-
             cific for purposes of this subsection if it contains a quantitative limit on the term of impris-
             onment or the amount of fine a judge can impose.
         (c1) Notwithstanding any other provision of law, no person convicted of a misdemeanor for
             the violation of any provision of this Chapter except G.S. 20-28(a) and (b), G.S. 20-141(j),
             G.S. 20-141.3(b) and (c), G.S. 20-141.4, or a second or subsequent conviction of G.S. 20-
             138.1 shall be imprisoned in the State prison system unless the person previously has
             been imprisoned in a local confinement facility, as defined by G.S. 153A-217(5), for a vio-
             lation of this Chapter.
         (d) For purposes of determining whether a violation of an offense contained in this Chapter
        constitutes negligence per se, crimes and infractions shall be treated identically. (1937, c.407,
        s.137; 1951, c.1013, s.7; 1957, c.1255; 1967, c.674, s.3; 1969, c.378, s.3; 1973, c.1330, s. 34; 1975,
        c.644; 1985, c.764, s.20; 1985 (Reg. Sess., 1986), c.852, ss.7, 17, c.1014, s.202; 1993, c.539, s.379;
        1994, Ex. Sess., c.24, s.14(c).)

Prepared by Centralina Council of Governments in collaboration with Catawba Regional Council of Governments, August, 2003.

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