Current through Register Vol. 46, No. 12, March 20, 2024
(a)
All motor vehicles registered in this State must be inspected in accordance
with the provisions of this Part unless expressly excluded by subdivision (d)
of this section.
(b) Except as
provided in paragraph (3) of this subdivision, every motor vehicle (including a
trailer, other than a mobile home trailer) sold or transferred for use on the
public highways of this State by a dealer registered under section
415 of the Vehicle and Traffic Law to any
person other than another such registered dealer, must be inspected and bear a
valid certificate of inspection prior to delivery to the purchaser or
transferee.
(1) For the purpose of this Part,
motor vehicles classified as new vehicles, demonstrators, and used vehicles,
are vehicles which are sold or transferred for use on the public highways of
the State.
(2) For the purpose of
this subdivision, a valid certificate of inspection shall be one which was
issued after an inspection made within 30 days of the date of sale as indicated
by the date of sale on the certificate of sale (form MV-50), and prior to
delivery.
(3) Registered dealers do
not have to inspect vehicles classified on the certificate of sale, MV-50, as
"chassis," "FDD" (factory direct delivery), "O of S" (out of state), "junk",
"long-term lessee" (lease buyout), or "wholesale." Such indication should
appear in the inspection block on the MV-50.
(4) A motor vehicle sold to a nonresident,
which motor vehicle is to be immediately registered in the home state of such
nonresident, shall not be deemed a motor vehicle sold or transferred for use on
the public highways of the State and does not have to be inspected prior to
sale.
(c) Every motor
vehicle must be inspected and bear a valid certificate of inspection before an
original registration, reregistration or renewal registration for that motor
vehicle may be issued, however, an original registration or reregistration or
renewal may be issued without an inspection having been made if the applicant
for such registration obtains a 10-day time extension certificate (form
VS-1077) for the motor vehicle which is to be registered. A vehicle sold as
junk is not entitled to a 10-day time extension or a temporary registration and
must be inspected before an original or reregistration is issued. Upon the
casual (non-dealer) sale or transfer of a motor vehicle, any certificate of
inspection issued prior to the date of the sale or transfer shall be deemed
invalid.
Note: A motor vehicle may be inspected as often as the
owner may choose, so long as said vehicle is inspected at least once in any
given 12-month period
(d)
The following are excluded from the term motor vehicle for purposes of this
section and need not be inspected:
(1) fire
vehicles, except ambulances;
(2)
tractors used exclusively for agricultural purposes;
(3) vehicles inspected by or operating under
a certificate of inspection authorized by the State Department of
Transportation or the Federal Department of Transportation, (operation under a
certificate of operating authority issued by either agency, without an
inspection having been made, does not constitute operating under such
certificate of inspection);
(4)
vehicles with a MGW of more than 8,500 pounds of a municipally owned and
operated transit system;
(5) farm
vehicles registered under subdivision 13 of section
401 of the Vehicle and Traffic Law. Farm
vehicles are those operated upon a public highway connecting by the most direct
route any farms or portions of a farm under single or common ownership or
operation;
(6) vehicles subject to
inspection and licensing by local authorities, provided such inspection by such
local authorities conforms with the standards herein established by the
Commissioner of Motor Vehicles;
(7)
house trailers or mobile homes when sold for purposes other than registration
and operation on the highways, until such time as these vehicles are to be
registered for operation on the highways;
(8) vehicles not registered in this
State;
(9) special purpose
commercial vehicles including vehicles with "STATE" or "OFFICIAL" plates which
would be registered as special purpose commercial vehicles if they were
privately owned and registered. These special purpose commercial vehicles have
the following body types: agricultural spreader or sprayer, earth mover, feed
processing machine, fire vehicle, mobile car crushers, power shovel, road
building machine, road roller, road sweeper, sand spreader, snow plow, tractor
crane, truck crane, truck with small wheels (such as a forklift), well driller
and well servicing rig;
(10) golf
carts and invalid chairs;
(11)
snowmobiles and snow travelers;
(12) class B and class C limited use
motorcycles;
(13) all-terrain
vehicles (including off-highway motorcycles); and
(14) low speed vehicles
(f) The following vehicles, which are subject
to safety inspection, are exempt from the OBD II and low-enhanced emissions
portion of that annual inspection:
(1)
vehicles 26 or more model years old;
(2) diesel and electric;
(3) motor vehicles propelled by a two-cycle
spark ignition engine designed to burn a mixture of gasoline with
oil;
(4) vehicles less than two
model years old;
(5) vehicles
registered as historical vehicles;
(6) motorcycles; and
(7) vehicles subject to the heavy vehicle
safety inspection (motor vehicles that have a seating capacity, as indicated on
the vehicle registration certificate, over 14 passengers, motor vehicles that
have a MGW, as indicated on the vehicle registration certificate, over 18,000
pounds, and those motor vehicles that have a MGW, as indicated on the vehicle
registration certificate, over 10,000 pounds and under 1,801 pounds, when the
registrant requests a heavy vehicle inspection)
(g) A vehicle registered with "OFFICIAL"
plates or "STATE" plates shall be subject to the same inspection it would be
subject to if it were privately owned and registered
(h) The following vehicles, which may be
subject to safety inspection, and are registered in the NYMA, are exempt from
the diesel emissions portion of that inspection:
(1) emergency vehicles as defined by section
101 of the Vehicle and Traffic law. These
include: ambulances, police vehicles, correction vehicles, fire vehicles, civil
defense emergency vehicles, emergency ambulance service vehicles, blood
delivery vehicles, county emergency medical services vehicles, environmental
emergency response vehicles, sanitation patrol vehicles, hazardous materials
emergency vehicles, and ordnance disposal vehicles of the armed forces of the
United States;
(2) agricultural
trucks as defined by section
401(7)(E)(2) of the Vehicle
and Traffic Law;
(3)
[Reserved]
(4) vehicles registered
as historic;
(5) special purpose
commercial vehicles as set forth in section
401(7)(F)(a) of the Vehicle
and Traffic Law. (Note: Special purpose commercial vehicles are exempt from the
safety inspection.)
(i)
Vehicles registered outside the NYMA are exempt from the diesel emissions
inspection. However, an owner of a vehicle that would be subject to diesel
emissions inspection if registered in the NYMA, may request a diesel emissions
inspection when presenting the vehicle for inspection to an official diesel
emissions inspection station.