Current through Register Vol. 46, No. 12, March 20, 2024
(a) The items set forth in sections
79.21
through
79.28
of this Part are to be inspected and the prescribed standards must be met
before a certificate of inspection can be issued. An inspection rejection
notice is to be given to the operator if the condition of any item required to
be inspected is found defective, unless the necessary repairs are made before
the motor vehicle leaves the premises of the inspection station licensee. A
rejection notice is NOT an extension of an expired inspection certificate with
the exception that a vehicle that has failed an OBD II emissions inspection may
be issued a rejection notice with an extension for the purpose of verifying
emission repairs and preparing the vehicle for reinspection, as directed by the
NYVIP CVIS. A receipt or invoice must be given to the motorist for the actual
cost of the inspection. The receipt or invoice must contain the following
information:
(1) date of
inspection;
(2) facility
number;
(3) certified inspector
number;
(4) vehicle information
(year, make, mileage, plate number, or VIN if the vehicle has no
plate);
(5) the actual fee charged
the motorist for the inspection;
(6) results of the inspection (pass, fail),
including any required advisory notifications to the motorist such as the air
bag warning light malfunction advisory (see section
79.21[k]
of this Part) or the tire pressure out-of-range advisory (see sections
79.21[c],
79.27[a]
and
79.28[f]
of this Part); and
(7) the
inspection certificate number, if the vehicle passes inspection.
If the vehicle passes an inspection at an official
emissions inspection station, the inspection station must give the customer the
motorist copy of the inspection receipt which is printed by the NYVIP CVIS. If
the vehicle fails the inspection, the motorist must be given the inspection
receipt that is printed by the NYVIP CVIS. Although the CVIS generated
inspection receipt satisfies the requirements of this section, the station may,
in addition, issue a standard receipt.
(b) All inspections, except brake
equalization tests, must be conducted within the enclosed portion of the
premises of the official inspection station conducting the inspection. This
regulation shall not apply to trailers required to be inspected under the
provisions of section
79.22 of this
Part. It shall be permissible to conduct the diesel emissions test of a diesel
safety/emissions inspection outside the station only if the station does not
have sufficient exhaust ventilation. The remainder of such inspection must be
conducted within the enclosed portion of the station.
(c) Certified inspector procedure. Upon
accepting a vehicle for the purpose of conducting an official inspection of
such vehicle pursuant to this section, the certified inspector shall conduct
such inspection in the following manner:
(1)
To complete the appropriate vehicle inspection record (VS-1074), or make
appropriate and accurate entries in the CVIS, obtain the information necessary
from any of the following: the vehicle, the windshield registration or
windshield inspection certificate, the registration document (MV-639TR) or
photocopy, a temporary registration (form MV-149), a certificate of sale (form
MV-50), a certificate of title (form MV-999), a manufacturer's certificate of
origin, a manufacturer's statement of origin, a salvage certificate (form
MV-907A) or photocopy, a notice of registration acceptability (form VS-103), or
an out-of-state registration or ownership document. If there is not VIN plate
or state-issued VIN number (NYS or any other state), and none of the
above-mentioned documents are presented, the inspection station must refuse to
perform the inspection.
(2)
(i) The inspector, service writer or other
authorized representative at an official emissions inspection station shall ask
the customer if the vehicle has been inspected and/or rejected within the past
30 days, and shall request any rejection notice(s) pertaining to such
inspection(s). Failure to request this information would require the station to
perform a portion of the inspection at no charge to the customer if the CVIS
later determines that the vehicle has passed that portion at another station
within 30 days.
(ii) When prompted
by the NYVIP CVIS, the certified inspector will scan the bar coded reinspection
information printed on the rejection notice by the CVIS, to determine the
correct reinspection.
(3) At the start of the inspection, the
certified inspector shall remove or obtain any expired certificates of
inspection, after being utilized for data entry, if required, and 10-day time
extension certificates (form VS-1077) or temporary certificates of emissions
waivers (form VS-1078) from the windshield or other location on the vehicle.
Any inspection certificates or temporary certificates which are not yet expired
are to be left on the vehicle until the vehicle passes inspection.
(4) If the vehicle identification number
(VIN) plate is missing or mutilated beyond recognition, complete form VS-110
(Notice of Missing or Mutilated Vehicle Identification Number) and mail it to
address on form within 24 hours. A multilated or missing VIN plate is not a
cause for rejection or refusal to perform an inspection.
(5) [Reserved]
(6) A complete inspection of the vehicle
pursuant to the requirements of these regulations must be conducted before
either a certificate of inspection or an inspection rejection notice is issued.
A certified inspector may not begin an inspection or accept a vehicle for
inspection if the equipment required to perform a complete inspection is
missing, broken or not functioning. If an official emissions inspection station
begins an inspection and is unable to continue because of failure of the CVIS
and is unable to create a record in the CVIS of the portion of the inspection
that was completed, and the vehicle leaves the premises of the station, then
upon re-inspection the vehicle must receive a complete inspection. The failed
attempt shall not constitute an inspection and the customer shall not be
charged a fee.
(7)
(i) If the condition of all items required to
be inspected are found to comply with the specifications in this Part, then the
certified inspector or the inspection station licensee shall affix or issue the
proper certificate of inspection, with the mileage entered (except for
trailers) check the waiver box and punch the trailer box if applicable, and
punch the expiration date before the vehicle leaves the premises, as follows:
(a) all motor vehicles that have a seating
capacity, as indicated on the vehicle registration certificate, under 15
passengers, all motor vehicles, except trailers and motorcycles, that have a
MGW, as indicated on the vehicle registration certificate, under 18,001 pounds,
except those motor vehicles that have a MGW, as indicated on the vehicle
registration certificate, over 10,000 pounds and under 18,001 pounds, when the
registrant requested a heavy vehicle inspection - affix the appropriate safety,
safety/emissions, or diesel safety/emissions inspection certificate to the
lower left inside corner of the windshield to the driver's left of the
windshield registration sticker;
(b) all motor vehicles that have a seating
capacity, as indicated on the vehicle registration certificate, over 14
passengers, all motor vehicles, except trailers and motorcycles, that have a
MGW, as indicated on the vehicle registration certificate, over 18,000 pounds,
those motor vehicles that have a MGW, as indicated on the vehicle registration
certificate, over 10,000 pounds and under 18,001 pounds, when the registrant
requested a heavy vehicle inspection:
(1)
affix a heavy vehicle safety inspection certificate near the front registration
plate where it can be seen at all times;
(2) [Reserved]
(3) if diesel-powered and registered in the
NYMA, also affix a safety/diesel emissions inspection certificate to the lower
left inside corner of the windshield, to the driver's left of the windshield
registration sticker;
Note: All motor vehicles that have a MGW, as indicated on
the vehicle registration certificate, over 18,000 pounds, those motor vehicles
that have a MGW, as indicated on the vehicle registration certificate, over
10,000 pounds and under 18,001 pounds, when the registrant requested a heavy
vehicle inspection, and all motor vehicles that have a seating capacity, as
indicated on the vehicle registration certificate, over 14 passengers,
registered in the NYMA, and powered by a diesel engine, will be required to
display BOTH the heavy vehicle inspection certificate and the appropriate
safety/diesel emissions inspection certificate. These vehicles registered
outside the NYMA are exempt from diesel emissions inspection and will be issued
the heavy vehicle inspection certificate only, unless the vehicle is presented
to a diesel emissions and heavy vehicle safety inspection station and the
appropriate safety and diesel emissions test is requested, and passed.
(c) all semitrailers -
affix a heavy vehicle safety inspection certificate at eye level on the left
(driver) side, straight out from the king pin on a nonremovable part;
(d) all trailers over 18,000 pounds MGW and
those trailers over 10,000 pounds MGW for which the registrants requested heavy
vehicle inspection - affix a heavy vehicle safety inspection certificate on the
left (driver) side of the trailer tongue where it can be seen at all
times;
(e) trailers 18,000 pounds
MGW and under except those trailers over 10,000 pounds MGW for which the
registrants requested heavy vehicle inspection - issue a safety inspection
certificate. If issuing a VS-1082 safety certificate, punch the box marked "T"
and punch the appropriate expiration month. Enter the registration plate number
in the "odometer reading" box on the back of the sticker, or the last 6 digits
of the VIN if the trailer is not registered, and give the inspection
certificate to the trailer owner to be kept with the trailer registration;
and
(f) [Reserved]
(g) All motorcycle - affix the motorcycle
inspection certificate to a permanent structural member on the left front side
of the motorcycle visible when approaching the vehicle from the operator's
left.
(d) Reinspections.
(1) When a vehicle subject to emissions
inspection is presented to an official emissions inspection station for the
purpose of reinspection (vehicle was previously rejected within 30 days by the
same station or some other station), only the portions (safety or emissions) of
the inspection that failed should be reinspected as long as a valid rejection
notice or CVIS verification is received, and only the fee for those portions
actually required to be reinspected may be charged.
(2) When a vehicle is presented for the
purpose of "safety-only" reinspection (vehicle was previously rejected within
30 days by the same station or some other station), a complete and thorough
safety inspection must be conducted.
(3) When a vehicle subject to the diesel
emissions inspection is presented for the purpose of re-inspection to the same
station within 30 days of the initial rejection, only the portion of the
inspection (safety or diesel emissions) that was failed shall be
reinspected.
(e) When a
vehicle subject to the diesel emissions inspection is presented for inspection
in the NYMA with a valid New York State safety or heavy vehicle safety
inspection certificate and a temporary certificate of emissions waiver (form
VS-1078), a complete safety and diesel emissions inspection must be
performed.
(f)
(1) All motor vehicles that provide school
transportation, regulated passenger transportation (including vehicles commonly
referred to as a "stretch limousine"), and municipal passenger transportation,
as defined in 17 NYCRR section 720.1, are subject to New York State Department
of Transportation periodic inspection requirements, and, as provided in section
79.2(d)(3)
of this Part, are exempt from the New York State Department of Motor Vehicles
periodic inspection requirements.
(2) If a passenger car, multipurpose
passenger vehicle, or truck is presented for inspection, and such vehicle has
been altered (a vehicle commonly referred to as a "stretch limousine") so as to
have an extended chassis, or a lengthened wheel base, or an elongated seating
area, and in the case of a truck, has been modified to transport passengers in
addition to having been altered, the inspection station shall refuse to perform
the inspection. The inspection station shall not charge the motorist for the
inspection, and shall provide the motorist with instructions about how to
comply with New York State Department of Transportation periodic inspection
requirements.
(3) The provisions of
paragraph two of this subdivision shall not apply if the New York State
Department of Transportation has determined that the vehicle is not subject to
its jurisdiction and has issued an "Exemption to NYSDOT Inspection Form
Letter." If an altered vehicle, as set forth in paragraph (1) of this
subdivision, is presented for inspection and the motorist provides a copy of
the "Exemption to NYSDOT Inspection Form Letter" for such vehicle, the
inspection station shall verify that the vehicle identified in the letter is
the same as the vehicle being presented for inspection, that all entry blanks
in the letter have been completed, and that the letter has been signed by an
employee of the Department of Transportation. If the letter meets these
requirements, the inspection station shall accept the vehicle for
inspection.
