2022 New York Laws
VAT - Vehicle and Traffic
Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
Article 5 - Periodic Inspection of Motor Vehicles
306 - Enforcement.
§ 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.
