2006 New York Code - Periodic Inspection Of All Motor Vehicles.

 
    § 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.