N.Y. Comp. Codes R. & Regs. tit. 15 § 79.2

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

Section 79.2 - Vehicles subject to inspection

(a) All motor vehicles registered in this State must be inspected in accordance with the provisions of this Part unless expressly excluded by subdivision (d) of this section.

(b) Except as provided in paragraph (3) of this subdivision, every motor vehicle (including a trailer, other than a mobile home trailer) sold or transferred for use on the public highways of this State by a dealer registered under section 415 of the Vehicle and Traffic Law to any person other than another such registered dealer, must be inspected and bear a valid certificate of inspection prior to delivery to the purchaser or transferee.

(1) For the purpose of this Part, motor vehicles classified as new vehicles, demonstrators, and used vehicles, are vehicles which are sold or transferred for use on the public highways of the State.

(2) For the purpose of this subdivision, a valid certificate of inspection shall be one which was issued after an inspection made within 30 days of the date of sale as indicated by the date of sale on the certificate of sale (form MV-50), and prior to delivery.

(3) Registered dealers do not have to inspect vehicles classified on the certificate of sale, MV-50, as "chassis," "FDD" (factory direct delivery), "O of S" (out of state), "junk", "long-term lessee" (lease buyout), or "wholesale." Such indication should appear in the inspection block on the MV-50.

(4) A motor vehicle sold to a nonresident, which motor vehicle is to be immediately registered in the home state of such nonresident, shall not be deemed a motor vehicle sold or transferred for use on the public highways of the State and does not have to be inspected prior to sale.

(c) Every motor vehicle must be inspected and bear a valid certificate of inspection before an original registration, reregistration or renewal registration for that motor vehicle may be issued, however, an original registration or reregistration or renewal may be issued without an inspection having been made if the applicant for such registration obtains a 10-day time extension certificate (form VS-1077) for the motor vehicle which is to be registered. A vehicle sold as junk is not entitled to a 10-day time extension or a temporary registration and must be inspected before an original or reregistration is issued. Upon the casual (non-dealer) sale or transfer of a motor vehicle, any certificate of inspection issued prior to the date of the sale or transfer shall be deemed invalid.

Note: A motor vehicle may be inspected as often as the owner may choose, so long as said vehicle is inspected at least once in any given 12-month period

(d) The following are excluded from the term motor vehicle for purposes of this section and need not be inspected:

(1) fire vehicles, except ambulances;

(2) tractors used exclusively for agricultural purposes;

(3) vehicles inspected by or operating under a certificate of inspection authorized by the State Department of Transportation or the Federal Department of Transportation, (operation under a certificate of operating authority issued by either agency, without an inspection having been made, does not constitute operating under such certificate of inspection);

(4) vehicles with a MGW of more than 8,500 pounds of a municipally owned and operated transit system;

(5) farm vehicles registered under subdivision 13 of section 401 of the Vehicle and Traffic Law. Farm vehicles are those operated upon a public highway connecting by the most direct route any farms or portions of a farm under single or common ownership or operation;

(6) vehicles subject to inspection and licensing by local authorities, provided such inspection by such local authorities conforms with the standards herein established by the Commissioner of Motor Vehicles;

(7) house trailers or mobile homes when sold for purposes other than registration and operation on the highways, until such time as these vehicles are to be registered for operation on the highways;

(8) vehicles not registered in this State;

(9) special purpose commercial vehicles including vehicles with "STATE" or "OFFICIAL" plates which would be registered as special purpose commercial vehicles if they were privately owned and registered. These special purpose commercial vehicles have the following body types: agricultural spreader or sprayer, earth mover, feed processing machine, fire vehicle, mobile car crushers, power shovel, road building machine, road roller, road sweeper, sand spreader, snow plow, tractor crane, truck crane, truck with small wheels (such as a forklift), well driller and well servicing rig;

(10) golf carts and invalid chairs;

(11) snowmobiles and snow travelers;

(12) class B and class C limited use motorcycles;

(13) all-terrain vehicles (including off-highway motorcycles); and

(14) low speed vehicles

(e) [Reserved]

(f) The following vehicles, which are subject to safety inspection, are exempt from the OBD II and low-enhanced emissions portion of that annual inspection:

(1) vehicles 26 or more model years old;

(2) diesel and electric;

(3) motor vehicles propelled by a two-cycle spark ignition engine designed to burn a mixture of gasoline with oil;

(4) vehicles less than two model years old;

(5) vehicles registered as historical vehicles;

(6) motorcycles; and

(7) vehicles subject to the heavy vehicle safety inspection (motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, and those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 1,801 pounds, when the registrant requests a heavy vehicle inspection)

(g) A vehicle registered with "OFFICIAL" plates or "STATE" plates shall be subject to the same inspection it would be subject to if it were privately owned and registered

(h) The following vehicles, which may be subject to safety inspection, and are registered in the NYMA, are exempt from the diesel emissions portion of that inspection:

(1) emergency vehicles as defined by section 101 of the Vehicle and Traffic law. These include: ambulances, police vehicles, correction vehicles, fire vehicles, civil defense emergency vehicles, emergency ambulance service vehicles, blood delivery vehicles, county emergency medical services vehicles, environmental emergency response vehicles, sanitation patrol vehicles, hazardous materials emergency vehicles, and ordnance disposal vehicles of the armed forces of the United States;

(2) agricultural trucks as defined by section 401 (7)(E)(2) of the Vehicle and Traffic Law;

(3) [Reserved]

(4) vehicles registered as historic;

(5) special purpose commercial vehicles as set forth in section 401 (7)(F)(a) of the Vehicle and Traffic Law. (Note: Special purpose commercial vehicles are exempt from the safety inspection.)

(i) Vehicles registered outside the NYMA are exempt from the diesel emissions inspection. However, an owner of a vehicle that would be subject to diesel emissions inspection if registered in the NYMA, may request a diesel emissions inspection when presenting the vehicle for inspection to an official diesel emissions inspection station.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.2