New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
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. Top of Page
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