N.Y. Comp. Codes R. & Regs. tit. 15 § 79.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 79.12 - Required records

(a) Records.

(1) A form entitled "Motor Vehicle Inspection Record" (form VS-1074, VS-1074SD, or VS-1074M) will be furnished without charge to the inspection stations. This form will be used to record inspections performed by the station that are not required to be kept in the appropriate CVIS equipment. A new form must be started on the first day of each year. Form VS-1074 must be kept in an orderly chronological manner. Such forms shall be completed in accordance with the "Instructions for Completing Vehicle Inspection Record," which is on the reverse of each form. The start of each month must be clearly marked. The official inspection station shall keep separate form VS-1074 records for each series of inspection stickers (safety, motorcycle, heavy vehicle, diesel safety/emissions), that the station is licensed to issue after inspection. The official inspection station shall retain all VS-1074 forms in its files for two years from the date of the last entry.

(2) An official emissions inspection station located within the NYMA must record all safety/emissions (OBD II and low enhanced), safety, motorcycle, and heavy vehicle safety inspections (other than diesel-powered heavy vehicles) in the NYVIP CVIS. An official emissions inspection station located within the NYMA must record the results of diesel emissions and safety inspection of heavy vehicles subject to diesel emissions inspection on the VS-1074SD form.

(3) An official emissions inspection station located outside of the NYMA must record all safety/emissions (OBD II and low enhanced), safety, motorcycle, and heavy vehicle safety inspections in the NYVIP CVIS. If the official emissions inspection station located outside of the NYMA is also licensed as a diesel emissions inspection station, diesel emissions inspections will be recorded on the VS-1074SD form and, if the diesel vehicle receives a heavy vehicle inspection, the safety portion will be recorded in the NYVIP CVIS.

(b) Inspection stations are to maintain a supply of, and use, the following items:

(1) Certificates of inspection. See section 79.1(a) of this Part.

(2) Inspection rejection notices. See section 79.1(b) of this Part.

(c) If an inspection station fails to maintain a supply of certificates of inspection and inspection rejection notices, inspections shall not be performed at the station until such time as the station has ordered and received a supply of such certificates or notices. An automotive facilities inspector or any other agents appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain a supply of said certificates or notices, and to permit inspections to be made again upon obtaining a supply of said certificates or notices.

(d) All records required by these regulations and all records made by the official inspection station in connection with inspections, including shop orders and all repair bills (except those in amounts less than $5), shall be retained for a period of at least two years.

(e) An official inspection station must account for all certificates of inspection issued to it. An official emissions inspection station must record the receipt of all inspection certificates (except safety/diesel emissions inspection certificates) immediately upon request by entering the sticker order into the NYVIP CVIS as prompted by the CVIS software so that the order received will be recorded in the analyzer system's computer.

(f) For official emissions inspection stations, procedures for recordkeeping must also include the daily printing of a copy of the daily inspection report for every day that inspections are performed. The station must keep copies of the inspection reports, in chronological order, for two years. Inspection certificate purchase invoices must also be kept for two years. An automotive facilities inspector or any other agent appointed by the commissioner must be given access to these records and any CVIS for the purpose of conducting an audit of the station's inspection records and activity. This includes the authority to produce hard copy of the station's inspection records on the system's printer, as well as the authority to obtain the computer disk which contains inspection records.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.12