N.Y. Comp. Codes R. & Regs. tit. 15 § 79.1

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

Section 79.1 - Definitions

For the purposes of this Part, the following terms shall have these meanings:

(a) Certificate of inspection (form VS-1082, VS-1082 HV, VS-1082.1, VS-1082SE, VS-1082D or VS-1082E). A sticker, also referred to as an inspection certificate, secured from the Department of Motor Vehicles by an official inspection station, issued by such station and affixed to a vehicle as prescribed by these regulations to evidence the satisfactory completion of an inspection of that vehicle in compliance with article 5 of the Vehicle and Traffic Law and this Part. Such sticker, when properly issued, is valid until midnight of the expiration date printed on the sticker, or, if no expiration date is printed on the sticker, until midnight on the last day of the month punched thereon, of the indicated year.

(b) Inspection rejection/advisory notice (form VS-1075). A form secured from the Department of Motor Vehicles and issued by an inspection station to a motorist as prescribed in this Part. An equivalent inspection rejection notice may also be printed by the computerized vehicle inspection system, without a form number. The certificate informs the motorist why the vehicle is being rejected and advises the motorist of deficiencies. A rejection notice is not an extension of an expired sticker, except as provided for in section 79.20(a) of this Part.

(c) Maximum gross weight (MGW). The weight of a motor vehicle as shown on the vehicle's registration document or, in the case of truck or trailer, the weight of the vehicle plus the maximum load the vehicle is registered to carry as shown on the vehicle's registration document. The MGW, not the designed carrying capacity of the vehicle, will be the weight that is used to determine the appropriate safety inspection for the vehicle.

(d) Motor vehicle. Every vehicle included in the definition of the term motor vehicle and motorcycle as set forth in sections 125 and 123 of the Vehicle and Traffic Law, and every vehicle included in the definition of the term limited use automobile or motorcycle as set forth in sections 121-a and 121-b of the Vehicle and Traffic Law, as well as all trailers, set forth in section 156, except those vehicles specifically set forth in section 79.2(d) of this Part.

(e) Motor vehicle inspection record (VS-1074S, VS-1074SD or VS-1074M). A form secured from the Department of Motor Vehicles by an official inspection station. This form is used to record inspections, reinspections and the results thereof, and to record certificates of inspection, and inspection rejection notices issued but is not to be used to record information on inspections for vehicles subject to OBD II or low enhanced emissions inspection.

(f) Motor vehicle registered in this State. Every vehicle included in the definition of the term motor vehicle as set forth in subdivision (d) of this section, for which a certificate of registration has been issued pursuant to section 401, 410 or 420 of the Vehicle and Traffic Law or for which a nonresident seasonal farm laborer vehicle certificate has been issued pursuant to subdivision 4 of section 250 of the Vehicle and Traffic Law. A vehicle ceases to be a motor vehicle registered in this State at such time as the registration for such vehicle expires because of transfer of ownership or destruction of such vehicle. A motor vehicle owned or controlled by a dealer or transporter and legally being operated with dealer or transporter plates is not a motor vehicle registered in this State, and does not require inspection.

(g) Official safety inspection station. Any person, association or corporation which has been issued a license by the Commissioner of Motor Vehicles, pursuant to section 303 of the Vehicle and Traffic Law, to conduct safety inspections of motor vehicles exempt from the emissions inspection requirement.

(h) Official inspection station (fleet). Any person, association or corporation having more than 25 motor vehicles registered in its name which has been issued a license by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles registered in its name or leased by it for a period greater than 30 days and motor vehicles owned by its employees; or any State agency or political subdivision having more than five motor vehicles registered in its name which has been issued a license by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles registered in its name or leased by it for a period greater than 30 days and motor vehicles registered in the name of any State agency or political subdivision.

(i) Official inspection station (dealer). Any person, association or corporation registered as a dealer under section 415 of the Vehicle and Traffic Law, which has been issued a license by the Commissioner of Motor Vehicles to conduct inspection of motor vehicles held by such dealer for sale or demonstration, and motor vehicles owned by employees of such dealer.

(j) Ten-day time extension (form VS-1077). A sticker secured from the Department of Motor Vehicles and affixed to a motor vehicle to evidence that the time within which such motor vehicle must be inspected has been extended for a period not to exceed 10 days as stated on the certificate.

(k) Certified motor vehicle inspector. A person who has been issued a certificate by the Commissioner of Motor Vehicles pursuant to section 304-a of the vehicle and Traffic Law, authorizing him to conduct inspections of motor vehicles and/or motorcycles or trailers.

(l) Motor vehicle inspector's certificate (form VS-26). A card issued by the Commissioner of Motor Vehicles to a person authorizing such person to conduct periodic inspections of motor vehicles and/or motorcycles or trailers. The certificates are categorized as follows:

Group 1--allows an individual to conduct safety, diesel emissions, OBD II inspections, and low enhanced emissions inspections of motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, and motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except: motorcycles; those motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requests a heavy vehicle inspection; and semi-trailers. The ability to perform OBD II inspections may also be dependent upon passing the applicable test in the CVIS.

Group 2--allows an individual to conduct safety and diesel emissions inspections of motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 18,001 pounds, those motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requests a heavy vehicle inspection, and semi-trailers, except: motorcycles.

Group 3--allows an individual to conduct safety inspections of motorcycles.

(m) New York Metropolitan Area (NYMA). This region comprises the Counties of Suffolk (except Fisher's Island), Nassau, Kings, Queens, Richmond, New York, Bronx, Westchester and Rockland. Non-diesel-powered vehicles registered in this region that are subject to emissions inspection will have NYMA printed on the registration. Diesel-powered vehicles registered in this region that are subject to the diesel emissions inspection will have DEMA printed on the registration.

(n) [Reserved]

(o) Computerized vehicle inspection system (CVIS). This consists of an exhaust emission analyzer and/or an emission system analyzer, related hardware and software.

(p) [Reserved]

(q) Official emissions inspection station. Any person, association or corporation which has been issued a license to conduct safety inspections, OBD II inspections and low enhanced emissions inspections.

(r) Temporary certificate of emissions waiver (form VS-1078). A certificate secured from the Department of Motor Vehicles by an owner of a motor vehicle and affixed to said motor vehicle with the valid New York State safety (form VS-1082) or heavy vehicle safety (form VS-1082HV) inspection sticker to evidence temporary waiver from the diesel emissions portion of the annual inspection. Form VS-1078 may not be used for a vehicle subject to the OBD II or low enhanced emissions inspection.

(s) [Reserved]

(t) Inflatable restraint system. An air bag as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

(u) Inflatable restraint readiness indicator light. An indicator monitoring the inflatable restraint systems readiness. The light must be clearly visible from the driver's position.

(v) Diesel emissions inspection station. Any person, association or corporation which has been issued a license to conduct both vehicle safety and diesel emissions inspection.

(w) Diesel emissions inspection certification and waiver form (form VS-1079DE). A form secured from the Department of Motor Vehicles, used by an official inspection station to certify that a vehicle subject to the diesel emissions inspection has qualified for and been issued a waiver per Department of Environmental Conservation standards.

(x) On board diagnostics (OBD). A system, within passenger cars and light trucks in designated model year 1996 or newer, which monitors system degradation as it relates to powertrain components and emission control devices.

(y) Malfunction indicator lamp or light (MIL). The term used for the "Check Engine" or "Service Engine Soon" light, or any other indicator light with a similar name that performs the same function. This light is evaluated when performing the OBD II emissions portion of an inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.1