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ARTICLE 5 - New York Vehicle and Traffic Law
PERIODIC INSPECTION OF MOTOR VEHICLES
Section 301. Periodic inspection of all motor vehicles.
301-a. Re-inspection of motor vehicles involved in certain
accidents.
301-b. Heavy duty vehicle emissions.
302. Powers and duties of the commissioner.
303. Official inspection stations.
304. Inspection and certificates of inspection.
304-a. Certified inspectors.
305. Fees.
306. Enforcement.
307. Voluntary inspection.
308. Definitions.
§ 301. Periodic inspection of all motor vehicles. (a) The commissioner
shall require that every motor vehicle registered in this state be
inspected once each year for safety, and at least biennially for
emissions as provided for pursuant to paragraph two of subdivision (d)
of this section, and in accordance with the provisions of this article,
and that every motor vehicle sold or transferred for use on the public
highways of this state by a dealer registered under section four hundred
fifteen of this chapter to any person other than another such registered
dealer or transferred for no remuneration by such a registered dealer to
any person other than to a welfare to work program authorized by the New
York state department of labor, a private industry council, a county or
a social services district for the sole use of public assistance
recipients or applicants participating in the welfare to work program to
which such vehicle is transferred must be inspected and bear a valid
certificate or certificates of inspection prior to delivery to the
purchaser or transferee. Provided, however, that nothing contained
herein shall be deemed to exempt any motor vehicle so transferred to a
welfare to work program pursuant to the provisions of this subdivision
from being inspected in accordance with the provisions of this section
or from complying with all other applicable provisions of this chapter,
including registration and financial security, prior to operation on any
public highway.
(b) The commissioner shall also require the inspection of any motor
vehicle duly registered under the laws of another state, a province of
Canada, a territory or a federal district to the extent to which such
state, province, territory or federal district requires the inspection
of motor vehicles duly registered under the laws of this state.
(c) (1) (a) A safety inspection shall be made with respect to the
brakes; steering mechanism; wheel alignment; lights, including but not
limited to the lights which are designed and placed on a vehicle for the
purpose of illuminating the vehicle's license plates; odometer; tire
pressure; seat safety belts; shoulder harness safety belts and such
other mechanisms and equipment as shall be determined by the
commissioner to be necessary for proper and safe operations. Such
inspection shall also be made with respect to vehicle identification
number. Upon inspection, the mileage appearing on the odometer shall be
recorded upon the inspection sticker.
(b) In the case of any passenger car manufactured on or after
September first, nineteen hundred ninety-seven, during the course of the
vehicle safety inspection, the readiness of the inflatable restraint
system, by means of the readiness indicator, shall be noted on the
invoice supplied to the consumer. The system's lack of readiness shall
not be considered grounds for the vehicle to fail the safety inspection
provided for in subparagraph (a) of this paragraph.
(2) Such inspection may also include a visual inspection prescribed by
the commissioner to determine the presence and correct installation of
any air contaminant emission systems or devices which are required by
state or federal law or any rules or regulations pursuant thereto;
provided that for any vehicle not subject to an emission inspection
pursuant to subdivision (d) of this section, such visual inspection
shall be performed.
(3) Improper tire pressure shall not be reason for failure of the
inspection.
(d) (1) The commissioner, in consultation with the commissioner of
environmental conservation, shall implement a program of motor vehicle
emissions inspections with respect to any motor vehicles or class of
motor vehicles which are required by federal law or any rules or
regulations issued pursuant thereto or by any state law or any rules or
regulations issued pursuant thereto, including rules and regulations
issued by the department of environmental conservation, to meet
standards applicable to the emission of any kind of substance by such
vehicles or engines or to contain any equipment, systems or design
features to reduce such emission. The commissioner shall establish
regulations for such inspections. Such regulations shall include
provision for cooperating with the commissioner of environmental
conservation to notify owners of vehicles that have failed emission
inspections of the availability of mobile source emission reduction
credit trading programs pursuant to section 19-0301 of the environmental
conservation law.
(2) Such inspection shall be performed biennially; provided however
that the commissioner may require emission inspections more frequently
than biennially if the commissioner of environmental conservation, in
consultation with the commissioner, makes a determination that more
frequent emission inspections are necessary to comply with federal
requirements or a court order; and provided that an emission inspection
program in operation prior to nineteen hundred ninety-three shall
continue to require emission inspections at least annually until January
first, nineteen hundred ninety-six.
(3) Such inspection shall be performed at a facility that only
performs inspections if the commissioner of environmental conservation,
in consultation with the commissioner, makes a determination that such
restriction is necessary to meet federal requirements. In no event shall
any facility operating pursuant to a contract with the commissioner,
entered into pursuant to subdivision (a) of section three hundred three
of this chapter, be allowed to perform repairs; provided however, that
such a facility shall be allowed to perform repairs at no charge that
are incidental to the inspection process.
(4) The commissioner shall establish an emission system repair
training program, for purposes of enhancing the quality and reliability
of emission system repair services available from official repair
stations in all areas where emission inspections are required under this
section.
(e) The requirements of air contamination emission system inspection
shall not apply to historical motor vehicles registered pursuant to
schedule G of subdivision seven of section four hundred one of this
chapter unless required by federal law.
(f) The department is authorized, in consultation with the departments
of environmental conservation and transportation, to adopt rules and
regulations necessary to implement a heavy duty vehicle inspection
program pursuant to section 19-0320 of the environmental conservation
law and implement such program by June first, nineteen hundred
ninety-nine.
§ 301-a. Re-inspection of motor vehicles involved in certain
accidents. 1. The commissioner may require that a motor vehicle
registered in this state or elsewhere which is required to be inspected,
be re-inspected after it is involved in a property damage accident which
is required to be reported to the motor vehicle department. Such
re-inspection shall be made within sixty days of the date of the
accident if the motor vehicle is driven away from the accident site.
Such re-inspection shall be made before the vehicle is operated on the
public highways if the motor vehicle is towed or transported from the
accident site, except that a motor vehicle may be driven from a repair
shop to an inspection station for the purpose of being re-inspected.
2. The owner of a car so damaged shall be required to submit to the
department within the same time limit as provided in subdivision one of
this section satisfactory proof of re-inspection pursuant to rules and
regulations to be promulgated by the commissioner.
3. Failure to submit such proof of re-inspection as herein provided
shall constitute ground for suspension or revocation of his privileges
of operating a motor vehicle in this state and of the operation within
this state of any motor vehicle owned by him.
§ 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to
operate a heavy duty vehicle which, when tested, exceeds emissions
levels set forth in section 19-0320 of the environmental conservation
law or regulations adopted thereunder. The following penalties shall
apply to any violation found as a result of roadside emissions
inspections:
a. First violation: $700.00
Second and subsequent violations: $1300.00.
b. The penalties set forth in paragraph a of this subdivision shall be
reduced to one hundred fifty dollars for the first violation and five
hundred dollars for the second and subsequent violations by the court or
administrative tribunal before which the summons or appearance ticket is
returnable if the violation set forth in the summons or appearance
ticket is corrected not later than thirty days after the issuance of the
summons or appearance ticket and proof of such correction, as defined in
paragraph c of this subdivision, is submitted to the court or
administrative tribunal. The penalties described in this section shall
not apply to vehicles defined by section one hundred forty-two of this
chapter or owned by a county, town, city, or village for a first
violation provided the vehicle is repaired within thirty days of ticket
issuance.
c. Acceptable proof of repair or adjustment shall be submitted to the
court or administrative tribunal on or before the return date of the
summons or appearance ticket in a form and manner prescribed by
regulations adopted pursuant to this section.
2. It shall be a violation to operate any heavy duty vehicle
registered or required to be registered in this state without a
certificate of inspection resulting from an annual inspection as
required by section 19-0320 of the environmental conservation law or
regulations adopted thereunder. The following violation structure shall
apply to such violations:
a. First violation: $ 700.00
Second and subsequent violations: $1300.00.
b. The penalties defined in paragraph a of this subdivision shall be
reduced to three hundred fifty dollars for the first violation and seven
hundred fifty dollars for second and subsequent violations, provided
that the vehicle in question bears a certificate which was valid within
the last thirty days. The penalties described in this section shall not
apply to vehicles defined by section one hundred forty-two of this
chapter or owned by a county, town, city, or village for a first
violation provided the vehicle is inspected within thirty days of ticket
issuance.
3. Any fines collected for violations of this section shall be
deposited in the clean air fund, to the credit of the mobile source
account in accordance with the provisions of section ninety-seven-oo of
the state finance law.
4. Notwithstanding the provisions of this section, no penalty shall be
imposed pursuant to this section where the operator of such vehicle has
been convicted of the same violation arising from the same incident
pursuant to section 19-0320 of the environmental conservation law.
§ 302. Powers and duties of the commissioner. (a) It shall be the duty
of the commissioner to administer the provisions of this article.
(b) The commissioner may authorize the acceptance of a certificate of
inspection issued in another state having inspection requirements
substantially similar to those of this state. He may also extend, on any
reasonable ground, the time within which a certificate shall be obtained
by the owner of a motor vehicle.
(c) The commissioner may, consistent with federal law and regulations,
permit any person, association, corporation or subsidiary corporation of
a parent corporation having registered in his or its name in this state
more than twenty-five motor vehicles, and qualified dealers of motor
vehicles held by them for sale or demonstration, who maintain approved
inspection facilities, to conduct the inspection or inspections required
by this article under regulation prescribed by the commissioner.
(d) The commissioner of motor vehicles may appoint and at pleasure
remove inspectors, consultants and such other assistants and employees
as he may deem necessary, within the amount available therefor by
appropriation, to carry out the provisions of this article.
(e) The commissioner is empowered to make reasonable rules and
regulations for the administration and enforcement of this article and
the periods during which motor vehicles are required to be inspected.
(f) The commissioner of motor vehicles may, consistent with federal
law and regulations, upon application of any municipality, and upon a
determination that such municipality has sufficient personnel and
approved inspection facilities to conduct the inspection or inspections
required by this article under the regulations prescribed by the
commissioner, permit such municipality to conduct the inspection
required by this article.
§ 303. Official inspection stations. (a) The commissioner is
authorized to operate, enter into contracts with any person to operate,
and license official inspection stations for the purpose of making the
inspection prescribed by this article and for the purpose of issuing
certificates of inspection.
(1) A license to operate an official inspection station shall be
issued only upon written application which shall set forth such facts
and evidence as may be required to ascertain the identity,
qualifications and character of the applicant. An original application
for a license for an official inspection station shall be accompanied by
an application fee of twenty-five dollars, which shall in no event be
refunded. The commissioner shall issue a license, after appropriate
inquiry and investigation, only when satisfied that the station is
properly equipped and has competent personnel to make such inspections
and that such inspections will be properly conducted, and that the
applicant complies with the provisions of this article and the rules and
regulations promulgated thereunder. If an application is approved by the
commissioner, a license shall be issued to the applicant. The annual fee
for a license or license renewal shall be fifty dollars. The
commissioner may issue such licenses on a staggered expiration basis, in
which event the fees for such licenses shall be prorated on a monthly
basis. In no event shall the fee exceed one hundred dollars for two
years. The commissioner shall have discretion to issue a license or
license renewal which shall be valid for a period of not more than two
years. The fee for any such renewal shall be not more than one hundred
dollars.
(2) The commissioner may issue a temporary permit to any applicant for
a license under the provisions of this article pending final action on
an application made for such a license, and the computation of the
license fee, if a license is issued, shall be computed from the date of
issuance of the temporary permit. Any such permit shall be valid for a
period not in excess of sixty days. The provisions of this paragraph
relating to fees, shall not apply to the state, a city, county, village,
town or school district, or any of the departments thereof.
(3) A contract to operate an emission inspection facility shall
include the following conditions:
(i) emission inspection facilities must be geographically dispersed
throughout each region in numbers sufficient to allow motorists
reasonable access to such facilities;
(ii) maximum daily average waiting times for motorists at emission
inspection facilities shall not exceed fifteen minutes for more than
five days each calendar month; and
(iii) no emission inspection facility authorized by a chapter of the
laws of nineteen hundred ninety-three shall begin to operate
commercially, except for a limited test period not to exceed thirty-one
days as approved by the department, prior to January first, nineteen
hundred ninety-six, in any area of the state which has an emission
inspection program in operation at the time of the enactment of such
chapter. The commissioner shall approve any proposed fee schedule to the
extent that it will allow an official inspection station operating such
a pre-existing program to recover any additional fee imposed by such
chapter.
(b) Each official inspection station shall keep a record of
inspections, re-inspections, and the results thereof, and a record of
certificates of inspection issued.
(c) Each official inspection station shall prominently display in an
area of the station where the orderly transaction of business of such
station occurs a sign provided or approved by the department and, after
a motor vehicle fails to pass inspection at such station, provide
written notice on forms provided or approved by the department to the
owner or person in charge of said vehicle that the necessary repairs
must be made to the vehicle within thirty days from the date of
inspection and that such repairs need not necessarily be made at that
station and shall be made in a manner consistent with federal law and
regulations. The period allowed for repair shall not extend the
expiration date of either the inspection sticker or registration
certificate.
(d) 1. The commissioner shall supervise and cause inspections to be
made of such official inspection stations. It shall be the duty of the
superintendent of state police and of the police forces of all
municipalities of the state to assist the commissioner in assuring
compliance by all official inspection stations with the provisions of
this article and with all rules and regulations promulgated thereunder.
An official inspection station and the records thereof shall be open for
inspection at reasonable times by any police officer or any person
designated by the commissioner to inspect such official inspection
stations or any person designated by the commissioner of environmental
conservation to inspect such official inspection stations with respect
to emission inspections.
2. The commissioner shall have the right to inspect motor vehicles
located on the premises of any person, association, corporation,
subsidiary corporation or municipality having obtained permission to
conduct self-inspection of motor vehicles pursuant to subdivision (c) or
(f) of section three hundred two of this chapter and which have been
issued a certificate of inspection within the previous fifteen days.
(e) A license to operate an official inspection station or a
certificate to inspect vehicles may be suspended or revoked or renewal
thereof may be refused by the commissioner or any person duly deputized
for one or more of the following causes:
1. Failure to conduct inspections in conformance with the provisions
of this article and the rules and regulations promulgated thereunder or
improper issuance of certificates of inspections.
2. Conviction of a crime involving fraud, theft, perjury or bribery or
other cause which would permit disqualification from receiving a license
or a certificate to inspect vehicles upon the original application.
3. Fraud, deceit or misrepresentation in securing the license or a
certificate to inspect vehicles or in the conduct of licensed or
certified activity.
4. Excessive charges for conducting inspections and for making
adjustments, corrections or repairs required by such inspections.
5. Violation of any provision of this article or any rule or
regulation promulgated thereunder.
(f) No license or certificate shall be revoked or suspended, or
renewal refused, except upon notice to the licensee or certified
inspector and after an opportunity to be heard. A license or
certificate, however, may be temporarily suspended upon a written notice
of temporary suspension delivered by certified mail to the licensee or
certified inspector pending any prosecution, investigation or hearing.
The written notice of temporary suspension shall provide that the
temporary suspension is effective seventy-two hours after delivery of
such notice. Whenever any license to operate an official inspection
station or certificate to inspect vehicles is revoked, no license or
certificate shall be reissued to an applicant until after the expiration
of a period of one year from the date of such revocation.
(g) Upon the revocation or suspension of an inspection station license
or certificate to inspect vehicles, the holder thereof shall deliver
such license or certificate to the revoking or suspending officer,
together with all inspection and inspection extension certificates, all
inspection record forms, and any and all other items in the possession
of the license or certificate holder which theretofore had been issued
by the commissioner for use in connection with the inspection station or
the inspection of vehicles. The failure of the holder thereof to deliver
any of the aforesaid items to the revoking or suspending officer, or to
any peace officer, acting pursuant to his special duties, or police
officer directed by the commissioner or agent of the commissioner,
displaying authorization to act in such capacity along with a certified
copy of the order revoking or suspending such inspection station
license, to secure possession thereof, shall constitute a misdemeanor.
(h) The commissioner, or any person duly deputized, in addition to or
in lieu of revoking or suspending a license to operate an official
inspection station or a certificate to inspect vehicles, may by order
require the licensee or certified inspector to pay to the people of this
state a penalty for a first violation a sum not exceeding seven hundred
and fifty dollars for each violation found to have been committed; and
for a second or subsequent violation not arising out of the same
incident both of which were committed within a period of thirty months,
a sum of not more than one thousand dollars for each violation found to
have been committed; provided, however, the penalty for each and any
violation of paragraph three of subdivision (e) of this section found to
have been committed shall be no less than three hundred and fifty
dollars and no more than one thousand dollars, and upon the failure of
such licensee to pay such penalty within twenty days after the mailing
of such order, postage prepaid, registered or certified, and addressed
to the last known place of business of such licensee or certified
inspector, unless such order is stayed by a court of competent
jurisdiction or in accordance with the provisions of Article three-A of
this chapter, the commissioner may revoke the license of such licensee
or the certificate of such certified inspector or may suspend the same
for such period as may be determined. Civil penalties assessed under
this subdivision shall be paid to the commissioner for deposit into the
state treasury, and unpaid civil penalties may be recovered by the
commissioner in a civil action in the name of the commissioner. In
addition, as an alternative to such civil action and provided that no
proceeding for judicial review shall then be pending and the time for
initiation of such proceeding shall have expired, the commissioner may
file with the county clerk of the county in which the registrant is
located or the certified inspector resides a final order of the
commissioner containing the amount of the penalty assessed. The filing
of such final order shall have the full force and effect of a judgment
duly docketed in the office of such clerk and may be enforced in the
same manner and with the same effect as that provided by law in respect
to executions issued against property upon judgments of a court of
record.
(i) The holder of an inspection station license shall remove or cause
to be removed any sign which contains the license number of the station
which is visible to the public and which is required to be displayed by
this article or regulations promulgated thereunder if the license is
revoked or suspended or the inspection station is out of business. If
the license is only suspended, the holder may cover up the sign instead
of removing it.
(j) No person shall permit the display of any sign required to be
displayed by this article or regulations promulgated thereunder
indicating to the public that an official inspection station is
operating unless an inspection station license has been issued to that
person and is currently valid.
§ 304. Inspection and certificates of inspection. (a) No certificate
or certificates of inspection shall be issued by an official inspection
station until the mechanisms and other equipment, as specified in
section three hundred one (c) of this chapter, of the motor vehicle
inspected are in proper and safe condition and comply with the rules and
regulations of the commissioner and with the laws of this state and the
emissions of such motor vehicle conform with subdivision (d) of section
three hundred one of this article and regulations promulgated pursuant
thereto at the time the certificate is issued.
(b) If such inspection discloses the necessity for adjustments,
corrections or repairs the owner shall be so notified and shall have
such adjustments, corrections or repairs made within a period of thirty
days. If such inspection discloses improper tire pressure, the owner
shall be so notified and may have such adjustments, corrections or
repairs made as authorized by this subdivision. The commissioner shall
establish procedures for reporting the results of such inspections and
for notifying the owners. The owner may have such adjustments,
corrections and repairs made in any way and by any person provided that
such repairs are made in a manner consistent with federal law and
regulations.
(c) The commissioner shall issue certificates of inspection to
official inspection stations. Such certificates of inspection shall be
serially numbered and shall bear such information as the commissioner
may require, and shall include a notice that any complaint against an
official inspection station for inadequate inspection or for making
excessive or unreasonable repairs, may be made in writing to the
department of motor vehicles at Albany, New York. Each certificate shall
be valid until the end of the inspection period during which the motor
vehicle must again be inspected, as determined by the rules and
regulations of the commissioner, or until the end of the repair period
designated under section three hundred four (b), whichever occurs first.
§ 304-a. Certified inspectors. (a) The commissioner shall issue a
certificate to an individual authorizing such person to conduct
inspections under this article. No person shall conduct an inspection
unless that person is a certified inspector. The commissioner may
establish a classified system of certified inspectors.
(b) The fee for filing such an application shall be ten dollars. Such
fee shall not be refundable. The annual fee for certification as an
inspector shall be five dollars. A certification shall expire on any
date determined by the commissioner.
(c) The commissioner may, by regulation, establish standards of
competency and fitness for certification as an inspector.
* (d) Fees, deposited. Fees assessed under this section shall be paid
to the commissioner for deposit to the transportation safety account
established pursuant to section ninety-one of the state finance law
through March thirty-first, two thousand four and from April first, two
thousand four and thereafter shall be deposited to the dedicated highway
and bridge trust fund.
* NB Effective until March 31, 2015
* (d) Fees, deposited. Fees assessed under this section shall be paid
to the commissioner for deposit to the transportation safety account
established pursuant to section ninety-one of the state finance law.
* NB Effective March 31, 2015
§ 305. Fees. (a) The fee for a certificate of inspection issued by the
commissioner, to be collected from the owner of an official inspection
station to whom issued, shall be as follows:
* (1) The fee for a certificate representing that a safety inspection
has been performed shall be two dollars, which shall be deposited into
the transportation safety account established pursuant to section
ninety-one of the state finance law through March thirty-first, two
thousand four and to the dedicated highway and bridge trust fund from
April first, two thousand four and thereafter, and
* NB Effective until March 31, 2015
* (1) The fee for a certificate representing that a safety inspection
has been performed shall be two dollars, which shall be deposited into
the transportation safety account established pursuant to section
ninety-one of the state finance law, and
* NB Effective March 31, 2015
* (2) The fee for a certificate representing that an emissions
inspection has been successfully completed shall be set by the
commissioner through regulation, at an amount not to exceed four dollars
or eight dollars if performed on a biennial basis. Such fees shall be
deposited into the mobile source account of the clean air fund
established by section ninety-seven-oo of the state finance law.
* NB Effective until March 31, 2015
* (2) The fee for a certificate representing that an emissions
inspection has been successfully completed shall be set by the
commissioner through regulation, at an amount not to exceed two dollars
or four dollars if performed on a biennial basis. Such fees shall be
deposited into the mobile source account of the clean air fund
established by section ninety-seven-oo of the state finance law.
* NB Effective March 31, 2015
(b) No fee authorized by subdivision (a) of this section shall apply
to the state, a city, county, village, town or school district, or any
of the departments thereof nor to a certificate issued by a licensed
emissions inspection station to such a public entity. A refund may be
made, or credit allowed, for unused certificates of inspection, or for
certificates lost, mutilated or destroyed, to the extent provided by the
regulations promulgated by the commissioner.
(c) The commissioner may establish maximum fees to be charged by an
official inspection station. Such fees shall be prominently displayed at
such station.
* (d) Fees assessed under this article shall be paid to the
commissioner for deposit to the transportation safety account
established pursuant to section ninety-one of the state finance law
through March thirty-first, two thousand four and from April first, two
thousand four and thereafter shall be deposited into the dedicated
highway and bridge trust fund, except that fees that are authorized to
be collected for each certificate of emissions inspection issued by the
commissioner, collected pursuant to paragraph two of subdivision (a) of
this section, shall be deposited into the mobile source account of the
clean air fund, as established by section ninety-seven-oo of the state
finance law.
* NB Effective until March 31, 2015
* (d) Fees assessed under this article shall be paid to the
commissioner for deposit to the transportation safety account
established pursuant to section ninety-one of the state finance law,
except that fees that are authorized to be collected for each
certificate of emissions inspection issued by the commissioner,
collected pursuant to paragraph two of subdivision (a) of this section,
shall be deposited into the mobile source account of the clean air fund,
as established by section ninety-seven-oo of the state finance law.
* NB Effective March 31, 2015
§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the
renewal of the registration of any motor vehicle for which a certificate
or certificates of inspection has or have not been obtained as required
by this article, or the regulations promulgated thereunder, or which is
not repaired within the period designated under section three hundred
four (b); provided however, the commissioner shall waive the requirement
for any repairs to an emissions system beyond the expenditure amount
permitted by federal law and regulations once the amount has been
expended. The commissioner shall provide for an appeal from a
determination related to a request that the repair requirement be
waived. No such waiver shall apply to classes of vehicles for which such
waiver would be prohibited pursuant to a final decree of a federal
court.
(b) No motor vehicle shall be operated or parked on the public
highways of this state unless a certificate or certificates of
inspection, as required by this article, is or are displayed upon the
vehicle or affixed to the registration certificate for the vehicle as
may be determined by the commissioner. The commissioner may, by
regulation, provide for a temporary indicia of inspection to be placed
on a motor vehicle which shall be valid as a certificate of inspection
for a period not to exceed fifteen days upon the loss, theft, mutilation
or destruction of a certificate of inspection. Any violation of this
section that occurs while a motor vehicle is parked on the public
highways of this state shall constitute a parking violation. Every
agreement for the lease or rental of a motor vehicle for a period of not
more than thirty days shall be deemed to provide that the lessor of such
vehicle shall, in all respects, be substituted for the lessee or any
person operating the vehicle in conformity with the lease or rental
agreement in connection with any charge of violating this section,
provided that any summons issued to the operator for violation of this
section is turned over to the lessor. A violation of this subdivision
shall be punishable by a fine of not less than fifty nor more than one
hundred dollars for a first offense, and by a fine of not less than
fifty nor more than two hundred dollars or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment, for each
subsequent offense; provided however, that if the vehicle bears a
certificate or certificates of inspection which was or were valid within
the last sixty days, such violation shall be punishable by a fine of not
less than twenty-five nor more than fifty dollars.
(c) No motor vehicle shall be registered in this state unless a valid
certificate or certificates of inspection is or are in force therefor,
except where the vehicle is outside the state at the time of application
for registration and the owner has secured from the commissioner a
written extension of the time for inspection of such vehicle.
(d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection or inspections in conformity with the rules and regulations
established by the commissioner, or shall wilfully issue a certificate
or certificates of inspection for a motor vehicle, the mechanisms and
other equipment or emissions of which do not comply with the standards
prescribed by the rules and regulations established by the commissioner
or the commissioner of environmental conservation, or wilfully issue a
certificate of inspection extension or rejection notice when the item or
items of inspection conform to the standards established by the
regulations of the commissioner or wilfully issue a certificate of
inspection extension or rejection notice for an item or items for which
inspection is not required by the regulations of the commissioner.
(e) Any person who shall make, issue or knowingly use any imitation or
counterfeit of an official certificate of inspection, or who shall
possess or display or cause or permit to be displayed upon any motor
vehicle any certificate of inspection knowing the same to be fictitious
or issued without an inspection or required repairs having been made,
or, who unlawfully mutilates a valid certificate of inspection or
rejection, or who shall knowingly issue, obtain or present a false
statement in connection with a waiver authorized by this article, or who
unlawfully removes such a certificate from a motor vehicle, shall be
guilty of a misdemeanor. The provisions of this subdivision shall also
apply to any temporary indicia of inspection provided for by regulation
of the commissioner.
(f) Any person who shall display or cause or permit to be displayed
any sign, mark or advertisement as an official inspection station unless
a license has been issued by the commissioner and is then in effect or
who shall transfer or attempt to transfer a license as an official
inspection station, or who knowingly makes a false statement in an
application for a license for an official inspection station, or renewal
thereof, shall be guilty of a misdemeanor.
§ 307. Voluntary inspection. The owner of any motor vehicle, as
defined in article one of this chapter, whose motor vehicle is not
required to be inspected and certified pursuant to this article or who
has previously complied therewith may, nevertheless, voluntarily comply
with the provisions of this article as often as he desires, and in the
same manner as though such inspection and certification were so
required.
§ 308. Definitions. As used in this article the term "motor vehicle"
shall include trailers and all vehicles included in the definition of
the term "motor vehicle" contained in section one hundred twenty-five of
this chapter except the following:
1. Road rollers, tractor cranes, truck cranes, power shovels, road
building machines, snow plows, road sweepers, sand spreaders, well
drillers, well servicing rigs, feed processing machines, mobile car
crushers, earth movers, trucks with small wheels used in a factory,
warehouse or railroad station, agricultural spreaders and sprayers, or a
tractor-trailer combination designed and used exclusively for the same
purpose as a vehicle specifically included in the foregoing, or
2. Vehicles inspected by or operating under a certificate of
inspection authorized by the commissioner of transportation or the
interstate commerce commission, or of a municipally owned and operated
transit system, or
3. Farm vehicles registered under subdivision thirteen of section four
hundred one of this chapter, self-propelled combines, self-propelled
corn and hay harvesting machines and tractors used exclusively for
agricultural purposes, or
4. Vehicles subject to inspection and licensing by local authorities
provided such inspection by such local authorities conforms with the
standards established by the commissioner under this article, or
5. Fire vehicles, except ambulances; or
6. Police vehicles for which the department operating such vehicles
has submitted a plan approved by the commissioner, who shall establish
the standards therefor, for periodic inspection thereof. Such plans
shall be submitted to the commissioner by September thirtieth of each
year. In determining the acceptability of such inspection plans and in
establishing standards therefor, the commissioner shall require that
such periodic inspections shall be substantially equivalent to
inspections required for other motor vehicles under this article and
shall be made with respect to such mechanisms and equipment as shall be
determined by the commissioner to be necessary for the proper and safe
operation of such vehicles.