New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter F - BUSINESSES REQUIRING LICENSES
Part 79 - Motor Vehicle Inspection
Section 79.8 - Duties of licensee
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 79.8
Current through Register Vol. 46, No. 12, March 20, 2024
(a) An official inspection station licensee is obligated to inspect vehicles in accordance with these regulations. By issuing a certificate of inspection, the licensee certifies that:
(1) the brakes,
steering mechanism, lights and such other equipment specified by these
regulations have been inspected in accordance with these regulations;
and
(2) such equipment and
mechanism comply with the regulations of the commissioner.
(b) The licensee is responsible for all inspection activities conducted at the inspection station. The specific duties of an official inspection station are as follows:
(1) to conduct, as promptly as possible, a
thorough and efficient inspection of any vehicle, including a vehicle
registered in another state, which the station is qualified to inspect, and
which is presented to the station for an official inspection. Such inspection
must be performed in the manner prescribed;
(2) to employ at all times, at least one
full-time employee who is a certified motor vehicle inspector to perform the
services required by these regulations. Such full-time certified motor vehicle
inspector may be an employee or licensee, or the licensee may contract for the
services. A licensee is liable for all the inspection activity of the
contractor. Only a certified inspector may conduct a periodic inspection of a
vehicle;
(3) to maintain the
minimum enclosed space, the necessary tools and equipment for inspection as
required by these regulations;
(4)
to make these regulations and procedures available to all personnel that are
certified to perform inspections;
(5) to make charges for inspections not in
excess of the fee schedule. The inspection fee must not include any payment for
corrections, adjustments, repairs or sales tax;
(6) An inspection station is not required to
perform repairs to defective items for which a vehicle is rejected. If,
however, the station does not perform repairs, the station must inform the
motorist of the policy before the inspection is started. The station must
prominently post a sign visible to the motorist during the normal course of
business, and must also inform the motorist in writing and obtain the
motorist's signature as acknowledgment.
(7) [Reserved]
(8) to maintain a clean and orderly place of
business with adequate supervision of employees making inspections;
(9) to keep records of safety and/or
emissions inspections, reinspections and the results thereof, and a record of
the issued certificates of inspection which shall be available for examination
during normal business hours by any agent of the commissioner, or any other
properly authorized law enforcement officer. All such records must be kept in
the manner prescribed by the commissioner and must be kept for a minimum of two
years;
(10) to provide for the
safekeeping of certificates of inspection, controlling their sequence of
issuance, and insuring that they are placed only on vehicles in accordance with
these regulations;
(11) to post
prominently in the inspection station the official business certificate (form
MV-61P), inspection groups and fee chart (form VS-77) and any other documents
required by the commissioner to be posted;
(12) to display on the outside of the
premises an official inspection station sign. These signs must meet the
specifications required by the Commissioner of Motor Vehicles (see section
79.13 of this
Part), and be hung or mounted in such a manner that they are visible to the
public upon entering the inspection facility; and
(13) to surrender any and all unused
certificates of inspection and station licenses when failing to renew or
retiring from business, or when a license has been revoked.
(c) The inspection station will make an appointment when any vehicle that the station is qualified to inspect cannot be inspected in a convenient time span.
(1) When the inspection station is unable to
inspect a vehicle within a time span convenient to the vehicle owner or
operator, the inspection station shall set up an appointment for performing the
inspection. The appointment shall be in writing and shall include:
(i) the time and date of the future
appointment;
(ii) the date of
inspection refusal;
(iii) a
description of the vehicle, consisting of its year, make and model;
(iv) the name and address of the vehicle
owner;
(v) the signature of the
inspection station licensee or a designated employee; and
(vi) the facility name, address and telephone
number.
(2) The
appointment date and time shall be not more than eight working days from the
original request date, and shall be with the normal posted business hours of
the station. The appointment location shall be at the same inspection station
that was unable to inspect the vehicle within a time span convenient to the
vehicle owner or operator.
(3) The
inspection station shall inspect the vehicle promptly when it is submitted for
inspection at the appointed time.
(4) The inspection station may charge a
deposit for setting up an appointment. The deposit may not exceed the fee for
inspection. The deposit must be applied to the inspection fee if the motorist
appears for the appointment. The deposit may be forfeited to the inspection
station if the motorist fails to keep the appointment.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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