2006 New York Code - Defective Equipment.

 
    § 376-a. Defective equipment.  1. If any vehicle is driven or operated
  on  a  public  highway  in  violation  of any provision of section three
  hundred  seventy-five,  three  hundred  seventy-six  or  three   hundred
  eighty-one  of this article relating to required equipment or its proper
  repair and adjustment,  other  than  a  provision  relating  to  service
  brakes,  any  police  officer shall be authorized to take such action as
  may be required or permitted by the provisions of this section.
    2. If the vehicle is being operated or  driven  in  violation  of  the
  provisions  of  this  chapter  relating  to  the use or proper repair or
  adjustment of headlamps, and there is not  in  operation  at  least  one
  headlamp  lighted  and  adjusted  as required by law, such officer shall
  issue a summons for such violation  and  shall  order  the  operator  to
  remove  such vehicle from the highway. In such event, such vehicle shall
  not again be driven or operated until such time as the  vehicle  can  be
  driven or operated without being in violation of such provisions.
    3.  If  the  vehicle  is  being driven or operated in violation of any
  provisions  of  section  three  hundred  seventy-five,   three   hundred
  seventy-six  or  three  hundred  eighty-one  of this article relating to
  required equipment, except a violation described in subdivision  two  of
  this   section,   subdivision   forty-seven  of  section  three  hundred
  seventy-five of this article, and except a violation relating to service
  brakes, such officer shall issue a summons, provided,  however,  that  a
  summons  shall not be issued if, in the discretion and at the request of
  such officer, the defect is corrected in the presence of  such  officer.
  The  refusal  of  a police officer to permit the repair of any defect in
  his presence shall not be reviewable, and shall not be a defense to  any
  violation charged in a summons issued pursuant to the provisions of this
  subdivision.
    4.  Any  complaint  issued  for any violation of section three hundred
  seventy-five, three hundred seventy-six or three hundred  eighty-one  of
  this   article  relative  to  required  equipment,  except  a  violation
  described in subdivision two of this section, subdivision forty-seven of
  section three hundred seventy-five of this article,  and  except  for  a
  violation  relating  to  service brakes, shall be dismissed by the court
  before which the summons is returnable if the violation as set forth  in
  the  summons  is  corrected not later than one-half hour after sunset on
  the first full business day after the issuance of the summons and  proof
  of  such  correction as set forth in subdivision five of this section is
  submitted to the court. For the purposes of this subdivision,  "business
  day"  shall  mean  any  calendar  day  except  Sunday,  or the following
  business holidays: New Year's Day, Washington's Birthday, Memorial  Day,
  Independence  Day,  Labor Day, Columbus Day, Veterans' Day, Thanksgiving
  Day, and Christmas Day.
    5. (a) Acceptable proof of  repair  or  adjustment  shall  consist  of
  submission  to  the  court  on  or before the return date of the summons
  either:
    (i) a statement of correction  from  an  officially  designated  state
  inspection station duly executed by the person performing or making such
  inspection  and  bearing  the  facility  number  of the state inspection
  station, or
    (ii) a statement of correction from an automobile repair shop  on  the
  letterhead  of such repair shop duly executed by the person who made the
  correction, or
    (iii) a statement of correction from any registrant having  more  than
  twenty-five  vehicles  registered and having a fleet maintenance program
  administered by the registrant, duly executed by the  person  performing
  or  making  such  correction  and countersigned by the fleet maintenance
  supervisor, or
    (iv) a signed statement of  any  police  officer  that  the  necessary
  corrections have been made, or
    (v)  evidence  acceptable  to the court from any person that he or she
  completed the repair together with proof of purchase  of  the  equipment
  needed for the repair, or
    (vi)  in the discretion of the court, submission of the vehicle to the
  court for inspection not later than one-half hour after the next ensuing
  sunset.
    (b) The statement required by this subdivision shall  be  directed  to
  the  court  having  jurisdiction  of  the  alleged  violation,  shall be
  affirmed as true under penalty of perjury, and shall include:
    (i) the name,  occupation  and  position  of  the  person  making  the
  statement;
    (ii) the time and date that the repairs or inspection were made; and
    (iii)  a  statement that the defective equipment, cited in the summons
  or information, on the vehicle in question, is in proper working order.
    6. The provisions of this section shall not be construed to affect any
  cause of action or the rights or liabilities of any person with  respect
  to  damages  or injuries caused or suffered as a result of the operation
  of a motor vehicle.