N.Y. Vehicle & Traffic Law § 301: Periodic inspection of all motor vehicles

§ 301. Periodic inspection of all motor vehicles. (a) The commissioner

shall require that every motor vehicle registered in this state be

inspected once each year for safety, and at least biennially for

emissions as provided for pursuant to paragraph two of subdivision (d)

of this section, and in accordance with the provisions of this article,

and that every motor vehicle sold or transferred for use on the public

highways of this state by a dealer registered under section four hundred

fifteen of this chapter to any person other than another such registered

dealer or transferred for no remuneration by such a registered dealer to

any person other than to a welfare to work program authorized by the New

York state department of labor, a private industry council, a county or

a social services district for the sole use of public assistance

recipients or applicants participating in the welfare to work program to

which such vehicle is transferred must be inspected and bear a valid

certificate or certificates of inspection prior to delivery to the

purchaser or transferee. Provided, however, that nothing contained

herein shall be deemed to exempt any motor vehicle so transferred to a

welfare to work program pursuant to the provisions of this subdivision

from being inspected in accordance with the provisions of this section

or from complying with all other applicable provisions of this chapter,

including registration and financial security, prior to operation on any

public highway.

(b) The commissioner shall also require the inspection of any motor

vehicle duly registered under the laws of another state, a province of

Canada, a territory or a federal district to the extent to which such

state, province, territory or federal district requires the inspection

of motor vehicles duly registered under the laws of this state.

(c) (1) (a) A safety inspection shall be made with respect to the

brakes; steering mechanism; wheel alignment; lights, including but not

limited to the lights which are designed and placed on a vehicle for the

purpose of illuminating the vehicle's license plates; odometer; tire

pressure; seat safety belts; shoulder harness safety belts; any window

which is composed of, covered by or treated with any material which has

a light transmittance of less than seventy percent pursuant to section

three hundred seventy-five of this title and such other mechanisms and

equipment as shall be determined by the commissioner to be necessary for

proper and safe operations. Such inspection shall also be made with

respect to vehicle identification number. Upon inspection, the mileage

appearing on the odometer shall be recorded upon the inspection sticker.

(b) In the case of any passenger car manufactured on or after

September first, nineteen hundred ninety-seven, during the course of the

vehicle safety inspection, the readiness of the inflatable restraint

system, by means of the readiness indicator, shall be noted on the

invoice supplied to the consumer. The system's lack of readiness shall

not be considered grounds for the vehicle to fail the safety inspection

provided for in subparagraph (a) of this paragraph.

(2) Such inspection may also include a visual inspection prescribed by

the commissioner to determine the presence and correct installation of

any air contaminant emission systems or devices which are required by

state or federal law or any rules or regulations pursuant thereto;

provided that for any vehicle not subject to an emission inspection

pursuant to subdivision (d) of this section, such visual inspection

shall be performed.

(3) Improper tire pressure shall not be reason for failure of the

inspection.

(d) (1) The commissioner, in consultation with the commissioner of

environmental conservation, shall implement a program of motor vehicle

emissions inspections with respect to any motor vehicles or class of

motor vehicles which are required by federal law or any rules or

regulations issued pursuant thereto or by any state law or any rules or

regulations issued pursuant thereto, including rules and regulations

issued by the department of environmental conservation, to meet

standards applicable to the emission of any kind of substance by such

vehicles or engines or to contain any equipment, systems or design

features to reduce such emission. The commissioner shall establish

regulations for such inspections. Such regulations shall include

provision for cooperating with the commissioner of environmental

conservation to notify owners of vehicles that have failed emission

inspections of the availability of mobile source emission reduction

credit trading programs pursuant to section 19-0301 of the environmental

conservation law.

(2) Such inspection shall be performed biennially; provided however

that the commissioner may require emission inspections more frequently

than biennially if the commissioner of environmental conservation, in

consultation with the commissioner, makes a determination that more

frequent emission inspections are necessary to comply with federal

requirements or a court order; and provided that an emission inspection

program in operation prior to nineteen hundred ninety-three shall

continue to require emission inspections at least annually until January

first, nineteen hundred ninety-six.

(3) Such inspection shall be performed at a facility that only

performs inspections if the commissioner of environmental conservation,

in consultation with the commissioner, makes a determination that such

restriction is necessary to meet federal requirements. In no event shall

any facility operating pursuant to a contract with the commissioner,

entered into pursuant to subdivision (a) of section three hundred three

of this chapter, be allowed to perform repairs; provided however, that

such a facility shall be allowed to perform repairs at no charge that

are incidental to the inspection process.

(4) The commissioner shall establish an emission system repair

training program, for purposes of enhancing the quality and reliability

of emission system repair services available from official repair

stations in all areas where emission inspections are required under this

section.

(e) The requirements of air contamination emission system inspection

shall not apply to historical motor vehicles registered pursuant to

schedule G of subdivision seven of section four hundred one of this

chapter unless required by federal law.

(f) The department is authorized, in consultation with the departments

of environmental conservation and transportation, to adopt rules and

regulations necessary to implement a heavy duty vehicle inspection

program pursuant to section 19-0320 of the environmental conservation

law and implement such program by June first, nineteen hundred

ninety-nine.