New York State Law

Vehicle and Traffic Law

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Article 5 - NY Vehicle and Traffic Law

PERIODIC INSPECTION OF MOTOR VEHICLES

Section Description
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.
S 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.

  S 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.

    S  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.

  S 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.

  S 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.

  S 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.

   S  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 April 1, 2020
    * (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 April 1, 2020

  S 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 April 1, 2020
    * (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 April 1, 2020
    * (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 April 1, 2020
    * (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 April 1, 2020
    (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 April 1, 2020
    * (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 April 1, 2020

  S 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.

  S 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.

  S 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.

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