N.Y. Comp. Codes R. & Regs. tit. 15 § 79.20

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

Section 79.20 - Inspection procedure generally

(a) The items set forth in sections 79.21 through 79.28 of this Part are to be inspected and the prescribed standards must be met before a certificate of inspection can be issued. An inspection rejection notice is to be given to the operator if the condition of any item required to be inspected is found defective, unless the necessary repairs are made before the motor vehicle leaves the premises of the inspection station licensee. A rejection notice is NOT an extension of an expired inspection certificate with the exception that a vehicle that has failed an OBD II emissions inspection may be issued a rejection notice with an extension for the purpose of verifying emission repairs and preparing the vehicle for reinspection, as directed by the NYVIP CVIS. A receipt or invoice must be given to the motorist for the actual cost of the inspection. The receipt or invoice must contain the following information:

(1) date of inspection;

(2) facility number;

(3) certified inspector number;

(4) vehicle information (year, make, mileage, plate number, or VIN if the vehicle has no plate);

(5) the actual fee charged the motorist for the inspection;

(6) results of the inspection (pass, fail), including any required advisory notifications to the motorist such as the air bag warning light malfunction advisory (see section 79.21[k] of this Part) or the tire pressure out-of-range advisory (see sections 79.21[c], 79.27[a] and 79.28[f] of this Part); and

(7) the inspection certificate number, if the vehicle passes inspection.

If the vehicle passes an inspection at an official emissions inspection station, the inspection station must give the customer the motorist copy of the inspection receipt which is printed by the NYVIP CVIS. If the vehicle fails the inspection, the motorist must be given the inspection receipt that is printed by the NYVIP CVIS. Although the CVIS generated inspection receipt satisfies the requirements of this section, the station may, in addition, issue a standard receipt.

(b) All inspections, except brake equalization tests, must be conducted within the enclosed portion of the premises of the official inspection station conducting the inspection. This regulation shall not apply to trailers required to be inspected under the provisions of section 79.22 of this Part. It shall be permissible to conduct the diesel emissions test of a diesel safety/emissions inspection outside the station only if the station does not have sufficient exhaust ventilation. The remainder of such inspection must be conducted within the enclosed portion of the station.

(c) Certified inspector procedure. Upon accepting a vehicle for the purpose of conducting an official inspection of such vehicle pursuant to this section, the certified inspector shall conduct such inspection in the following manner:

(1) To complete the appropriate vehicle inspection record (VS-1074), or make appropriate and accurate entries in the CVIS, obtain the information necessary from any of the following: the vehicle, the windshield registration or windshield inspection certificate, the registration document (MV-639TR) or photocopy, a temporary registration (form MV-149), a certificate of sale (form MV-50), a certificate of title (form MV-999), a manufacturer's certificate of origin, a manufacturer's statement of origin, a salvage certificate (form MV-907A) or photocopy, a notice of registration acceptability (form VS-103), or an out-of-state registration or ownership document. If there is not VIN plate or state-issued VIN number (NYS or any other state), and none of the above-mentioned documents are presented, the inspection station must refuse to perform the inspection.

(2)

(i) The inspector, service writer or other authorized representative at an official emissions inspection station shall ask the customer if the vehicle has been inspected and/or rejected within the past 30 days, and shall request any rejection notice(s) pertaining to such inspection(s). Failure to request this information would require the station to perform a portion of the inspection at no charge to the customer if the CVIS later determines that the vehicle has passed that portion at another station within 30 days.

(ii) When prompted by the NYVIP CVIS, the certified inspector will scan the bar coded reinspection information printed on the rejection notice by the CVIS, to determine the correct reinspection.

(3) At the start of the inspection, the certified inspector shall remove or obtain any expired certificates of inspection, after being utilized for data entry, if required, and 10-day time extension certificates (form VS-1077) or temporary certificates of emissions waivers (form VS-1078) from the windshield or other location on the vehicle. Any inspection certificates or temporary certificates which are not yet expired are to be left on the vehicle until the vehicle passes inspection.

(4) If the vehicle identification number (VIN) plate is missing or mutilated beyond recognition, complete form VS-110 (Notice of Missing or Mutilated Vehicle Identification Number) and mail it to address on form within 24 hours. A multilated or missing VIN plate is not a cause for rejection or refusal to perform an inspection.

(5) [Reserved]

(6) A complete inspection of the vehicle pursuant to the requirements of these regulations must be conducted before either a certificate of inspection or an inspection rejection notice is issued. A certified inspector may not begin an inspection or accept a vehicle for inspection if the equipment required to perform a complete inspection is missing, broken or not functioning. If an official emissions inspection station begins an inspection and is unable to continue because of failure of the CVIS and is unable to create a record in the CVIS of the portion of the inspection that was completed, and the vehicle leaves the premises of the station, then upon re-inspection the vehicle must receive a complete inspection. The failed attempt shall not constitute an inspection and the customer shall not be charged a fee.

(7)

(i) If the condition of all items required to be inspected are found to comply with the specifications in this Part, then the certified inspector or the inspection station licensee shall affix or issue the proper certificate of inspection, with the mileage entered (except for trailers) check the waiver box and punch the trailer box if applicable, and punch the expiration date before the vehicle leaves the premises, as follows:

(a) all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection - affix the appropriate safety, safety/emissions, or diesel safety/emissions inspection certificate to the lower left inside corner of the windshield to the driver's left of the windshield registration sticker;

(b) all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection:

(1) affix a heavy vehicle safety inspection certificate near the front registration plate where it can be seen at all times;

(2) [Reserved]

(3) if diesel-powered and registered in the NYMA, also affix a safety/diesel emissions inspection certificate to the lower left inside corner of the windshield, to the driver's left of the windshield registration sticker;

Note: All motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection, and all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, registered in the NYMA, and powered by a diesel engine, will be required to display BOTH the heavy vehicle inspection certificate and the appropriate safety/diesel emissions inspection certificate. These vehicles registered outside the NYMA are exempt from diesel emissions inspection and will be issued the heavy vehicle inspection certificate only, unless the vehicle is presented to a diesel emissions and heavy vehicle safety inspection station and the appropriate safety and diesel emissions test is requested, and passed.

(c) all semitrailers - affix a heavy vehicle safety inspection certificate at eye level on the left (driver) side, straight out from the king pin on a nonremovable part;

(d) all trailers over 18,000 pounds MGW and those trailers over 10,000 pounds MGW for which the registrants requested heavy vehicle inspection - affix a heavy vehicle safety inspection certificate on the left (driver) side of the trailer tongue where it can be seen at all times;

(e) trailers 18,000 pounds MGW and under except those trailers over 10,000 pounds MGW for which the registrants requested heavy vehicle inspection - issue a safety inspection certificate. If issuing a VS-1082 safety certificate, punch the box marked "T" and punch the appropriate expiration month. Enter the registration plate number in the "odometer reading" box on the back of the sticker, or the last 6 digits of the VIN if the trailer is not registered, and give the inspection certificate to the trailer owner to be kept with the trailer registration; and

(f) [Reserved]

(g) All motorcycle - affix the motorcycle inspection certificate to a permanent structural member on the left front side of the motorcycle visible when approaching the vehicle from the operator's left.

(d) Reinspections.

(1) When a vehicle subject to emissions inspection is presented to an official emissions inspection station for the purpose of reinspection (vehicle was previously rejected within 30 days by the same station or some other station), only the portions (safety or emissions) of the inspection that failed should be reinspected as long as a valid rejection notice or CVIS verification is received, and only the fee for those portions actually required to be reinspected may be charged.

(2) When a vehicle is presented for the purpose of "safety-only" reinspection (vehicle was previously rejected within 30 days by the same station or some other station), a complete and thorough safety inspection must be conducted.

(3) When a vehicle subject to the diesel emissions inspection is presented for the purpose of re-inspection to the same station within 30 days of the initial rejection, only the portion of the inspection (safety or diesel emissions) that was failed shall be reinspected.

(e) When a vehicle subject to the diesel emissions inspection is presented for inspection in the NYMA with a valid New York State safety or heavy vehicle safety inspection certificate and a temporary certificate of emissions waiver (form VS-1078), a complete safety and diesel emissions inspection must be performed.

(f)

(1) All motor vehicles that provide school transportation, regulated passenger transportation (including vehicles commonly referred to as a "stretch limousine"), and municipal passenger transportation, as defined in 17 NYCRR section 720.1, are subject to New York State Department of Transportation periodic inspection requirements, and, as provided in section 79.2(d)(3) of this Part, are exempt from the New York State Department of Motor Vehicles periodic inspection requirements.

(2) If a passenger car, multipurpose passenger vehicle, or truck is presented for inspection, and such vehicle has been altered (a vehicle commonly referred to as a "stretch limousine") so as to have an extended chassis, or a lengthened wheel base, or an elongated seating area, and in the case of a truck, has been modified to transport passengers in addition to having been altered, the inspection station shall refuse to perform the inspection. The inspection station shall not charge the motorist for the inspection, and shall provide the motorist with instructions about how to comply with New York State Department of Transportation periodic inspection requirements.

(3) The provisions of paragraph two of this subdivision shall not apply if the New York State Department of Transportation has determined that the vehicle is not subject to its jurisdiction and has issued an "Exemption to NYSDOT Inspection Form Letter." If an altered vehicle, as set forth in paragraph (1) of this subdivision, is presented for inspection and the motorist provides a copy of the "Exemption to NYSDOT Inspection Form Letter" for such vehicle, the inspection station shall verify that the vehicle identified in the letter is the same as the vehicle being presented for inspection, that all entry blanks in the letter have been completed, and that the letter has been signed by an employee of the Department of Transportation. If the letter meets these requirements, the inspection station shall accept the vehicle for inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.20