N.Y. Comp. Codes R. & Regs. tit. 15 § 79.17
Current through Register Vol. 46, No. 43, October 23, 2024
Section 79.17 - Qualifications and duties of certified motor vehicle inspectors(a) Certified motor vehicle inspector qualifications. In order to obtain a certified motor vehicle inspector's certificate, a person must have the following qualifications: (1) They must be at least 17 years of age at the time of filing with the commissioner an application for a motor vehicle inspector's certificate.(2) They must have either:(i) at least one year of experience in repairing motor vehicles within the last five years immediately preceding the date of filing an application for a motor vehicle inspector's certification obtained either in a firm in the automotive industry or in an approved cooperative work study program offering training in the automotive field; or(ii) a high school or vocational school diploma in vocational automotive trades or college certification of successful completion of first year of course toward an AAS degree in automotive technology.(3) After filing an application for a motor vehicle inspector's certificate, a person must successfully complete the inspector certification training program and pass a written test, covering inspection procedures, authorized by the commissioner. A skills test may be required at the department's discretion.(b) Duties of inspectors. The specific duties of a certified motor vehicle inspector are as follows: (1) When directed by one's employer, to conduct in a competent manner, as promptly as possible, a thorough and efficient inspection of motor vehicles, including a motor vehicle registered in another state, appropriate to the type of motor vehicle one may be allowed to inspect as it appears upon one's certificate and which the official inspection station is allowed to inspect, and which is presented to the station for a statutory periodic inspection; and be able to make minor repairs to correct items which cannot be approved upon initial inspection. Such inspection must be performed in the manner prescribed by the commissioner.(2) Must have a knowledge of these regulations and a knowledge of the proper use of inspection equipment as required in section 79.9(d) of this Part to perform the services required by these regulations.(3) To attend all required certified motor vehicle inspection clinics or training sessions upon being duly notified by the commissioner to receive information relating to the subject of periodic inspection of motor vehicles.(4) To make or cause to be made correct entries, in the CVIS, on any VS-1074 form or any other form prescribed by the commissioner in connection with periodic inspections of vehicles presented for inspection, appropriate to the type of vehicle to be inspected by such official inspection station and appropriate to the type of vehicle allowed to be inspected by such inspector.(5) A person who has been issued, by the commissioner, a motor vehicle inspector's certificate (form VS-26) must present the certificate to one's current employer and to any other subsequent employer, who shall immediately record the certificate number on the appropriate forms or in the CVIS as prescribed by the commissioner.(6) During one's hours of employment at the official inspection station, the inspector must have possession of one's own motor vehicle inspector's certificate (form VS-26) and must present on demand such certificate to an automotive facilities inspector or any other agents appointed by the commissioner.(c) Miscellaneous. (1) In no event shall any of the aforementioned duties of certified motor vehicle inspectors, employed at an official inspection station, relieve the licensee of an official inspection station of the responsibility for all inspection activities conducted at the inspection station as stated in section 79.8(b) of this Part.(2) A certified motor vehicle inspector shall not permit one's certificate to be used by any other person and shall not leave one's certificate unattended. A certified motor vehicle inspector shall not use any other inspector's certificate, and shall not allow one's certificate to be used by any other person. Such certificate shall not be altered or reproduced. The Department of Motor Vehicles may issue a temporary certificate after application to replace a defective or lost certificate. A temporary certificate is equivalent to a permanent certificate (form VS-26) and must be safeguarded in the same manner. A certified inspector must not allow one's temporary certificate to be used by any other person and a certified inspector must not use any other inspector's temporary certificate. Upon receipt of a permanent certificate, the temporary certificate must be destroyed.(3) Certified motor vehicle inspector's certificates are valid for a period of three years. The commissioner may alter this period so that the expiration of the certificate corresponds to a date three years from the last day of the month in which the inspector's birthday occurs. Certified motor vehicle certificates are renewable upon submission of a completed application and may require proof that the inspector has had at least 12 months of experience as a certified motor vehicle inspector during the three-year period immediately preceding the renewal date, provided that there is no suspension, revocation or renewal refusal of the certificate or other administrative action in effect pending any prosecution, investigation or hearing and, if required, the inspector has passed the inspector certification renewal clinic. Certification may be temporarily renewed pending the outcome of an investigation or hearing. If an inspector's certificate is lost or stolen, the inspector must immediately notify the certification unit in the Albany office of the Department of Motor Vehicles.(e) In order to perform OBD II inspections in an official emissions inspection station, using the NYVIP CVIS, an inspector must also successfully pass the computer-based exam on the CVIS, in addition to the requirements set forth in subdivision (a) of this section.N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.17