N.Y. Vehicle & Traffic Law § 306: Enforcement

§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the

renewal of the registration of any motor vehicle for which a certificate

or certificates of inspection has or have not been obtained as required

by this article, or the regulations promulgated thereunder, or which is

not repaired within the period designated under section three hundred

four (b); provided however, the commissioner shall waive the requirement

for any repairs to an emissions system beyond the expenditure amount

permitted by federal law and regulations once the amount has been

expended. The commissioner shall provide for an appeal from a

determination related to a request that the repair requirement be

waived. No such waiver shall apply to classes of vehicles for which such

waiver would be prohibited pursuant to a final decree of a federal

court.

(b) No motor vehicle shall be operated or parked on the public

highways of this state unless a certificate or certificates of

inspection, as required by this article, is or are displayed upon the

vehicle or affixed to the registration certificate for the vehicle as

may be determined by the commissioner. The commissioner may, by

regulation, provide for a temporary indicia of inspection to be placed

on a motor vehicle which shall be valid as a certificate of inspection

for a period not to exceed fifteen days upon the loss, theft, mutilation

or destruction of a certificate of inspection. Any violation of this

section that occurs while a motor vehicle is parked on the public

highways of this state shall constitute a parking violation. Every

agreement for the lease or rental of a motor vehicle for a period of not

more than thirty days shall be deemed to provide that the lessor of such

vehicle shall, in all respects, be substituted for the lessee or any

person operating the vehicle in conformity with the lease or rental

agreement in connection with any charge of violating this section,

provided that any summons issued to the operator for violation of this

section is turned over to the lessor. A violation of this subdivision

shall be punishable by a fine of not less than fifty nor more than one

hundred dollars for a first offense, and by a fine of not less than

fifty nor more than two hundred dollars or by imprisonment for not more

than fifteen days, or by both such fine and imprisonment, for each

subsequent offense; provided however, that if the vehicle bears a

certificate or certificates of inspection which was or were valid within

the last sixty days, such violation shall be punishable by a fine of not

less than twenty-five nor more than fifty dollars.

(c) No motor vehicle shall be registered in this state unless a valid

certificate or certificates of inspection is or are in force therefor,

except where the vehicle is outside the state at the time of application

for registration and the owner has secured from the commissioner a

written extension of the time for inspection of such vehicle.

(d) No person shall issue a certificate or certificates of inspection,

inspection extension, or rejection notice without having made a complete

inspection or inspections in conformity with the rules and regulations

established by the commissioner, or shall wilfully issue a certificate

or certificates of inspection for a motor vehicle, the mechanisms and

other equipment or emissions of which do not comply with the standards

prescribed by the rules and regulations established by the commissioner

or the commissioner of environmental conservation, or wilfully issue a

certificate of inspection extension or rejection notice when the item or

items of inspection conform to the standards established by the

regulations of the commissioner or wilfully issue a certificate of

inspection extension or rejection notice for an item or items for which

inspection is not required by the regulations of the commissioner.

(e) Any person who shall make, issue or knowingly use any imitation or

counterfeit of an official certificate of inspection, or who shall

possess or display or cause or permit to be displayed upon any motor

vehicle any certificate of inspection knowing the same to be fictitious

or issued without an inspection or required repairs having been made,

or, who unlawfully mutilates a valid certificate of inspection or

rejection, or who shall knowingly issue, obtain or present a false

statement in connection with a waiver authorized by this article, or who

unlawfully removes such a certificate from a motor vehicle, shall be

guilty of a misdemeanor. The provisions of this subdivision shall also

apply to any temporary indicia of inspection provided for by regulation

of the commissioner.

(f) Any person who shall display or cause or permit to be displayed

any sign, mark or advertisement as an official inspection station unless

a license has been issued by the commissioner and is then in effect or

who shall transfer or attempt to transfer a license as an official

inspection station, or who knowingly makes a false statement in an

application for a license for an official inspection station, or renewal

thereof, shall be guilty of a misdemeanor.