Current through Register Vol. 46, No. 12, March 20, 2024
(a) Portable fleet stations. An official
inspection station license (fleet) may be issued to a person, association or
corporation owning or leasing more than 250 motor vehicles registered in the
State of New York, permitting the licensee to establish an inspection station
of a portable nature. Such a portable station may make inspections of motor
vehicles owned or leased by such person, association or corporation, at
locations in New York State-owned or controlled by the licensee, in addition to
the official location listed on the station's license. The official location
must have space and equipment sufficient to perform inspections on any vehicle
that the station is licensed for. Any remote location must have space and
equipment sufficient for any inspection performed at that location. The
location listed on the station's license shall be considered the official
station location, and will be the place where the records, required testing
equipment, and certificates of inspection will be required to be kept, except
when inspections are actually being made at another location.
(b) Trailer only dealer stations. Dealers
registered under section
415 of the Vehicle and Traffic Law, engaged
in the business of selling trailers may qualify for an official inspection
station license (dealer) restricted to the inspection of only this type of
vehicle. Such a license may be issued without the necessity for enclosed space
as required in section
79.9(b)
of this Part, except that office space must be available on the premises for
the safekeeping of inspection records and other items required by this Part.
Such a dealer would be restricted to the inspection of light duty trailers with
a gross weight of 10,000 pounds or under, as required by section
79.22 of this
Part. If the dealer wishes to inspect trailers with a gross weight of more than
10,000 pounds, the required enclosed space must be maintained and those
trailers must be inspected inside the premises.
(c) Fleet stations.
(1) Any person, association or corporation,
having registered in his or its name more than 25 motor vehicles, and any State
agency or political subdivision having registered in its name more than five
vehicles, may qualify for a license as an official inspection station (fleet).
A person, association or corporation licensed as an official fleet inspection
station may inspect only those motor vehicles registered in his or its name,
those leased for a period greater than 30 days, and those motor vehicles owned
by his or its employees. A State agency or political subdivision licensed as an
official fleet inspection station may inspect only those motor vehicles
registered in its name, those leased for a period greater than 30 days, and
those motor vehicles registered in the name of any State agency or political
subdivision. Any fleet inspection station that is exempt from payment of fees
for inspection certificates under the provisions of subdivision (b) of section
305 of the Vehicle and Traffic Law may not
inspect motor vehicles owned by its employees. An official inspection station
(fleet or dealer) may only inspect those vehicles it is qualified to inspect.
In addition, a State agency or political subdivision licensed as an official
fleet inspection station that offers to inspect motor vehicles that are
registered to other State agencies or political subdivisions is required to
verify that the motor vehicles are registered to another State agency or
political subdivision is required to verify that the motor vehicles are
registered to another State agency or political subdivision. A fleet inspection
station may contract to provide inspection personnel at the fleet license
facility, provided only certified inspectors perform inspections. The fleet
inspection station will remain responsible for all inspections. For the
purposes of this Part, a political subdivision may include, but is not limited
to: a county; a city; a village; a town; a school district; a fire district; a
county extension service association; or a public improvement
district.
(2) A fleet inspection
station license may be issued to a facility located outside New York State if
all the following conditions are met:
(i) the
applicant has at least one fleet inspection station located in New
York;
(ii) the applicant has at
least 25 motor vehicles registered in New York;
(iii) the applicant agrees to pay the travel
expenses of Department of Motor Vehicles employees who are assigned to inspect,
investigate or examine the facility or its records, or train its employees;
and
(iv) the applicant agrees to
abide by article 5 of the Vehicle and Traffic Law and these
regulations.
(3) A fleet
inspection station licensed to inspect Group 1A vehicles must have the
appropriate CVIS for emissions inspection. A person, association or corporation
licensed as an official fleet inspection station may be exempted from this
requirement if the station can demonstrate that it has more than 25 Group 1A
vehicles in its fleet that are not subject to emissions inspection. A State
agency or political subdivision licensed as an official fleet insepction
station may be exempted from this requirement if the station can demonstrate
that it has more than five vehicles in its fleet that are not subject to
emissions inspection. If a fleet inspection station is exempted from purchasing
the CVIS, any vehicle in the fleet subject to emissions inspection must then be
inspected at another facility licensed and equipped to perform the proper
inspection.
(d) For
parent and subsidiary corporations or separate entities where there is common
ownership and management, common space, equipment and personnel may be used to
qualify more than one fleet licensee or to qualify one location for a common
license for both the parent and subsidiary corporation or separate entities
with common ownership and management, provided the total number of vehicles
registered in the name of the parent and subsidiary corporations, or the names
of the separate entities, exceeds 25.
(e) Dealers registered under section
415 of the Vehicle and Traffic Law, holding
motor vehicles for sale or demonstration, who qualify for a license as an
official inspection station (dealer), may inspect only those vehicles held by
them for sale or demonstration and those motor vehicles owned by their
employees.
(f) An official
inspection station (fleet or dealer) is subject to all rules and regulations
governing the official inspection stations, except:
(1) it need meet only the space requirements
for a class 1 station (see section
79.9[b]
of this Part);
(2) no official
inspection station sign shall be displayed by such a station;
(3) no schedule of fees need be filed with
the application for such a station, nor need a schedule of inspection charges
be posted within the station;
(4)
[Reserved]
(5) an official
inspection station (fleet or dealer) is not required to maintain inspection
rejection notices (form VS-1075), unless it inspects employee vehicles or is a
State agency or political subdivision licensed as an official fleet inspection
station that offers inspections to other State agencies or political
subdivisions;
(6) an official
inspection station (fleet or dealer) need not register as a repair shop;
and
(7) in those instances where
such rules and regulations are inconsistent with the provisions of this
section, this section controls.
(g) An official inspection station (fleet or
dealer) is subject to all additional requirements applicable to official
emissions inspection stations, unless the official inspection station (fleet or
dealer) is restricted to the inspection of certain classes of vehicles.
Official inspection stations (fleet or dealer) can be restricted to the
inspection of (1) trailers, (2) motorcycles, (3) trucks with a maximum gross
weight over 18,000 pounds, (4) vehicles with a maximum gross weight over 8,500
pounds, (5) diesel-powered vehicles, and (6) any vehicle exempt from the
emissions inspection requirement. In addition, an official inspection station
fleet or dealer license can be restricted to the inspection of any combination
of these or other classes of vehicles. An official inspection station (fleet or
dealer) is only required to have and maintain equipment necessary to inspect
the classes of vehicles it is restricted to inspect, unless the station also
inspects employees' vehicles, in which case the station must have the same
equipment required of a public station. An official inspection station (fleet)
of a local government located in the NYMA must provide for the emissions
inspection of vehicles for which such inspection is required in a manner
consistent with these regulations and any modifications of the procedure used
for emissions inspection within official inspection stations (fleet) of a local
government must be approved in writing by the commissioner.
(h)
(1) The
commissioner may issue a restricted public inspection license to an education
facility, certified by the State Education Department, after the required
investigation. The facility would be restricted to inspecting the following
vehicles:
(i) vehicles owned by the education
facility;
(ii) vehicles owned by
the faculty;
(iii) vehicles owned
by the students; and
(iv) vehicles
owned by the student's immediate family.
(2) The students will be permitted to conduct
the required inspections under the supervision of a certified
inspector.
(3) The facility will be
exempt from all fees and will not be permitted to charge for the
inspection.
(4) The facility will
be subject to the same requirements as any other public inspection station,
except that:
(i) they will not be permitted to
display the official inspection station sign; and
(ii) they will not have to apply for
registration as a repair shop.
(5) The facility will be issued a license for
only one inspection location.
(6)
An education facility licensed to inspect Group 1A vehicles must have the
appropriate CVIS for emissions inspection.
