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 79.9 - Station requirements
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 79.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Official inspection station licenses will be issued only to reputable applicants who possess the required qualifications.
(b) Space.
(1) The space requirements for official
inspection stations, by class of station, are as follows:
(i) Class 1 station: In a city or village
having a population of less than 10,000, and in an area outside a city or
village, in any county of the State, a minimum enclosed area of 300 square feet
is required.
(ii) Class 2 station:
In a city or village with a population of 10,000 or more, a minimum enclosed
area of 600 square feet is required.
(iii) Class 3 station: A motorcycle
inspection station must have a minimum enclosed area of 120 square
feet.
(2) When
determining the area available to meet space requirements, office space,
vehicle display area, supply area, or any unusual obstructions, shall not be
part of the minimum area available to meet the above requirements.
(3)-(4) [Reserved]
(5) The enclosed area of any station must be
large enough to accommodate any vehicle in the group or groups which the
station is permitted to inspect as indicated on the station's application and
license. For a heavy vehicle inspection station licensed to inspect
semi-trailers, this requires a door and service bay height of at least 13 feet,
6 inches and a bay length of at least 50 feet. For a heavy vehicle inspection
station not licensed to inspect semi-trailers, this requires a door and service
bay height of at least 13 feet, 6 inches and a bay length of at least 35
feet.
(6) Temporary expedients for
obtaining additional space or facilities, such as tents, sheds or so-called
curb service will not be permitted.
(7) If after approval, the minimum space
requirements are not maintained, inspections may not be performed at that
station until the minimum space requirements are again met. Any agents
appointed by the commissioner are empowered to prevent further inspections by a
station for failure to maintain adequate space and to permit inspections to be
made again upon compliance with the requirements.
(c) Waivers of dimension requirements.
(1) The commissioner, where such action is
required to provide adequate inspection facilities, may waive the space
requirements in any area of the State.
(2) The commissioner may waive the dimension
standards for a fleet or dealer inspection station which inspects only vehicles
owned or controlled by the fleet or dealer and which fit into the
station.
(3) The commissioner may
waive the dimension standards for a public inspection station that was licensed
prior to January 1, 1990, where there is an undue hardship or such waiver is in
the public interest because of a lack of heavy vehicle inspection stations in
an area. However, no waiver will permit a station to inspect a vehicle which
cannot fit into its building.
(d) Equipment. All equipment and tools required by this section shall be properly maintained in such a manner that an inspection may be conducted in conformity with these regulations.
(1) Each station must have, as a minimum, the
following equipment, before it will be approved as an official inspection
station:
(i) a one-hole paper punch that
produces a round hole, one-quarter inch in diameter;
(ii) a tire tread depth gauge calibrated in
thirty-seconds of an inch; and
(iii) a tire pressure gauge calibrated in
lbs./sq. in. (psi).
(2)
In addition to the equipment specified in paragraph (1) of this subdivision, an
official emissions inspection station or any station required to complete
advisory emissions scans as defined in section
79.24(j)
of this Part must also have the appropriate computerized vehicle inspection
system (CVIS), approved by the Department of Environmental Conservation and the
Department of Motor Vehicles, capable of performing OBD II and low enhanced
emissions inspections. This equipment, which shall be known as the NYVIP CVIS,
shall include but not be limited to:
(i)
computer;
(ii) controlling
software;
(iii) communications link
prescribed by DEC and DMV;
(iv)
printer;
(v) a DEC and DMV approved
OBD II scan tool with appropriate connectors and software;
(vi) bar code scanner; and
(vii) a dedicated phone line for transmission
of all inspection data if a dial-up system is used, or other equipment as
prescribed by the equipment vendor if another communications system is used. If
a dial-up system is used, an official emissions inspection station that has
more than one CVIS unit must maintain at least one phone line dedicated for use
by the CVIS; this line may be shared by other CVIS units. No line(s) used by
CVIS units(s) may be shared by any other equipment.
This equipment shall be delivered and installed in official emissions inspection stations as directed by the commissioner.
(3)
[Reserved]
(4) In addition to the
equipment specified in paragraph (1) of this subdivision, an official diesel
emissions inspection station must also have the appropriate diesel emissions
inspection system approved by the Department of Environmental Conservation as
set forth in 6 NYCRR Part 217.
(5)
In addition to the equipment specified in paragraph (1) of this subdivision,
official heavy vehicle inspection stations must also have:
(i) a measuring device for brake adjustment,
such as a steel scale or ruler or equivalent;
(ii) a one-sixteenth inch feeler gauge or
equivalent;
(iii) a brake drum
gauge or equivalent, capable of measuring up to a 24-inch drum; and
(iv) a rotor thickness gauge, such as a disc
brake micrometer with a range from one inch to two inches, or
equivalent.
(6) Official
emissions inspection stations must maintain their printers so that reports and
other required documents print legibly and clearly.
(7) [Reserved]
(8) If, after approval, the equipment
requirements are not maintained, inspections may not be performed at that
station until the equipment requirements are again met. An automotive
facilities inspector and any other agent appointed by the commissioner are
empowered to prevent further inspections by a station for failure to maintain
adequate equipment and to permit inspections to be made again upon compliance
with the equipment requirements.
(9)
In addition to the equipment specified in paragraph (1) of this subdivision, an
official inspection station licensed to per form a safety inspection of any
vehicle in group 1a or group 2a must also hav e a tint meter to measure the
visible light transmittance through immovable glass.
(e) Waivers of equipment requirements.
(1) [Reserved]
(2) Any licensed official heavy vehicle fleet
inspection station is exempted from the requirement to have a brake drum gauge
capable of measuring up to a 24-inch drum, if there are no vehicles in that
particular fleet that are equipped with brake drums of that size. The station
is required to have and maintain a brake drum gauge capable of measuring the
largest brake drums found in that particular fleet of vehicles at any time. If
a vehicle is added to the fleet that is equipped with larger brake drums, the
station must immediately acquire and maintain a brake drum gauge capable of
measuring the larger brake drums.
(3) Any licensed official heavy vehicle fleet
inspection station is exempted from the requirement to have a rotor thickness
gauge, if there are no vehicles in that particular fleet that are equipped with
disc brakes. However, if a vehicle is added to the fleet that is equipped with
disc brakes, the station must immediately acquire and maintain a rotor
thickness gauge.
(f) Personnel.
(1) Individuals will not be deemed
to be certified motor vehicle inspectors unless they have a currently valid
certified motor vehicle inspector's certificate issued in accordance with
section
79.17
of this Part.
(2) Individuals who
have been issued a certified motor vehicle inspector's certificate may be
employed at any official inspection station for the purpose of inspecting only
those vehicles appropriate to the type of vehicle they are allowed to inspect
as it appears upon their certificate and appropriate to the type of vehicle
allowed to be inspected by such official inspection station.
(3) An automotive facilities inspector or any
other agent appointed by the commissioner is authorized to test certified motor
vehicle inspectors for competency where reasonable grounds exist to believe
that the inspector is incompetent in conducting inspections of vehicles. If an
inspector fails to pass such test, such inspector will be deemed incompetent,
and will not be permitted to conduct further inspections until a subsequent
special written examination authorized by the commissioner is passed. If the
certified motor vehicle inspector fails the special written examination, the
commissioner shall revoke the inspector's certificate. The certified motor
vehicle inspector's certificate may be reinstated when the inspector
certification training program is successfully completed and the written
examination of such program is passed.
(4) An automotive facilities inspector or any
other agents appointed by the commissioner are empowered to prevent further
inspections by an inspector deemed incompetent and to permit inspections to be
made again by such a person upon reinstatement of the certificate or upon
issuance of a new certificate after revocation.
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