N.Y. Comp. Codes R. & Regs. tit. 15 § 79.24

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

Section 79.24 - Emissions inspection procedure

(a)Applicability.

Except as exempted in section 79.2 of this Part, all motor vehicles registered in this State must pass both the appropriate emissions inspection and the appropriate safety inspection before any inspection certificate may be issued. This section describes the specific tests that are authorized and required under section 301 (d) of the Vehicle and Traffic Law, and 6 NYCRR Part 217. Vehicles subject to diesel emissions inspection (smoke opacity test) are subject to the procedures set forth in section 79.26 of this Part.

(1) OBD II emissions inspection.

(i) All model-year 1996 and newer non-exempt vehicles (including all model year 1997 and newer non-exempt diesel-powered vehicles) that have a gross vehicle weight rating (GVWR) under 8,501 pounds, registered in any county in the State, (except for vehicles with a make of custom or homemade) are subject to the OBD II emissions inspection, in addition to the applicable safety inspection.

(ii) Any official emissions inspection station may perform OBD II emissions inspections.

(iii) An OBD II emissions inspection must be performed with appropriate CVIS equipment.

(2) [Reserved]

(3) Low enhanced emissions inspection.

(i) All non-exempt vehicles not subject to the OBD II emissions inspection, including those vehicles with a make of "custom" or "homemade," are subject to the low enhanced emissions inspection, in addition to any applicable safety inspection. Vehicles classified as "custom" or "homemade," are only subject to the requirements of subdivision (i), item 8b of this section.

(ii) Any official emissions inspection station may perform low enhanced emissions inspections.

(iii) All low enhanced emissions inspections must be performed with appropriate CVIS equipment.

(b)Procedures.

(1) OBD II emissions inspection.

(i) OBD II inspection procedure. All model-year 1996 and newer non-exempt vehicles (including all model year 1997 and newer non-exempt diesel-powered vehicles) that have a gross vehicle weight rating (GVWR) under 8,501 pounds, registered in any county in the State, except for vehicles with a make of custom or homemade, are subject to the OBD II emissions inspection.

(ii) This procedure consists of entering the appropriate vehicle data, including the results of the safety inspection and the emissions control device check (subdivision [i], items 1-10 of this section, except that diesel-powered vehicles that are subject to the OBD II emissions inspection shall not be inspected for items 1 through 8b in subdivision [i] of this section) into the CVIS and communicating with the vehicle's OBD II system. The CVIS records the results of the test and prints the results. The inspection station must give the customer a copy of the print out.

(iii) Specific instructions regarding the OBD II test procedure are found in the "NYVIP vehicle inspection system operators manual".

(2) [Reserved]

(3) Low enhanced emissions.

(i) Low enhanced inspection procedure. All non-exempt vehicles not subject to the OBD II emissions inspection, including those vehicles with a make of "custom" or "homemade," are subject to the requirements of this inspection.

(ii) This test consists of entering the appropriate vehicle data, including the results of the safety inspection and the emissions control device check (subdivision [i], items 1-8b of this section. Note: Vehicles with a make of custom or homemade, are subject to the requirements of subdivision [i], item 8b only of this section) into the CVIS. The CVIS records the results of the test and prints the results. The inspection station must give the customer a copy of the print out.

(iii) Specific, detailed instructions regarding the low enhanced inspection procedure are found in subdivision (i) of this section.

(c) [Reserved]

(d)Standards.

(1) [Reserved]

(2) OBD II test.

(i) The New York State Department of Environmental Conservation, in consultation with the Department of Motor Vehicles, shall establish and modify periodically the standards for the OBD II inspection, including the weight standards to be used to determine the proper OBD II requirements and classifications.

(ii) Such standards shall include criteria established by the New York State Department of Environmental Conservation in 6 NYCRR Part 217.

(e)General provisions.

(1) Vehicles registered in this State. All non-exempt motor vehicles registered in this State are subject to either an OBD II or low-enhanced emissions inspection. All non-exempt vehicles must pass the appropriate emissions inspection and the appropriate safety inspection before any inspection certificate may be issued. All non-exempt motor vehicles with a make of "custom" or "homemade" are subject to a low-enhanced emissions inspection and must only pass the requirements of subdivision (i), item 8b of this section.

(2) Vehicles registered in another state. If a non-exempt motor vehicle with a registration from another state, or with a New York State registration with an out-of-state address, is presented for inspection at an official inspection station, the inspection station must perform the inspection procedure appropriate for the vehicle as if it were registered in the county where the inspection is to be performed, and shall issue the appropriate safety or safety/emissions inspection certificate if it passes the inspection.

(f)Effect of failure of emissions inspection.

(1) OBD II inspection.

(i) Subject vehicles must pass the OBD II emissions inspection (which includes subdivision [i], items 1-10 of this section, except that diesel-powered vehicles that are subject to the OBD II emissions inspection shall not be inspected for items 1 through 8b in subdivision [i] of this section), and safety inspection in order for an inspection certificate to be issued. If the vehicle fails any portion of the inspection, the inspection station must give the motorist a CVIS-generated inspection receipt indicating the reason for failure. An inspection station cannot issue a certificate of inspection until appropriate repairs are made and the vehicle passes all applicable portions of the inspection, or, until the vehicle meets the conditions in section 79.5(a) of this Part and qualifies for an emissions waiver.

(2) [Reserved]

(3) Low enhanced inspection.

(i) An inspection station shall only issue an inspection certificate if the subject vehicle passes the low enhanced emissions inspection (subdivision [i], items 1-8 of this section) as well as the safety inspection. If the vehicle fails any portion of the inspection, the station must give the motorist a CVIS-generated inspection receipt indicating the reason for failure. A certificate of inspection cannot be issued until appropriate repairs are made and the vehicle passes all applicable portions of the inspection. Vehicles subject to the low enhanced inspection cannot qualify for an emissions waiver.

(g)OBD II and low enhanced emissions inspection reinspection and fees.

(1) If a vehicle fails the safety portion and/or the emissions portion of the safety/emissions inspection, and is not removed from the station by the customer for repair, the station may not charge for reinspection of the vehicle. A test drive by station personnel for the purposes of diagnosis or verification of repair does not constitute removal from the station.

(2) If a vehicle fails both the safety portion and emissions portion of the safety/emissions inspection, is removed from the station by the customer for repair, and if the vehicle is presented for reinspection, that inspection station or any other emissions inspection station must conduct a full inspection of both the safety portion and emissions portion during the reinspection of the vehicle, and may charge a fee up to but not more than the applicable fee for the failed portions as set forth in section 79.7(c) of this Part.

(3) If a vehicle fails the safety portion or the emissions portion of the safety/emissions inspection, and is removed from the station by the customer for repair and if the vehicle is presented for reinspection within 30 days of the rejection, that inspection station or any other emissions inspection station must conduct a full inspection of only the failed safety or emissions portion during the reinspection of the vehicle, and may charge a fee up to but not more than the applicable fee for the failed portion as set forth in section 79.7(c) of this Part.

(4) If a vehicle fails the safety portion or emissions portion of the safety/emissions inspection, and is removed from the station by the customer for repair and if the vehicle is presented for reinspection more than 30 days after rejection, that inspection station or any other emissions inspection station must conduct a full inspection of both the safety portion and emissions portion during the reinspection of the vehicle, and may charge a fee up to but not more than the applicable fee for the safety portion and emissions portions as set forth in section 79.7(c) of this Part.

(h) [Reserved]

(i)Emission control devices.

The following items must be inspected on vehicles subject to a low enhanced or OBD II emissions inspection, except that diesel-powered vehicles that are subject to the OBD II emissions inspection shall not be inspected for items 1 through 8b. A vehicle must be inspected only for the items with which it was originally equipped by the manufacturer. Vehicles classified as homemade or custom on the certificate of registration are only subject to the gas cap inspection/test described in item number 8b:

Procedure		Reject if:
Positive Crankcase Ventilation (PCV) System
1.	Presence of PCV system for 25 model years old and newer vehicles.	1.	The PCV system is missing or disconnected.
Catalytic Converter
2.	Presence of the catalytic converter for 25 model years old and newer vehicles. Check to determine that the air supply is connected to the converter when applicable.	2.	The catalytic converter is disconnected or removed. The air supply to the converter is disconnected or removed.
Fuel Inlet Restrictor
3.	For 25 model years old and newer vehicles, check the fuel inlet pipe to determine that the restrictor is in its designed location. (The door that covers the hole for the fuel nozzle is not required to be in place).	3.	The restrictor is missing; has been bent back against the filler pipe; or has been altered in a way that will allow the introduction of a larger "leaded fuel" nozzle.
Exhaust Gas Recirculator Valve (EGR)
4.	For 25 model years old and newer, secure mounting of the EGR valve and proper connection of hoses.	4.	The EGR valve is removed. The vacuum hoses are disconnected or removed. Any visible electrical connector to the EGR, or any visible component of the EGR system, is disconnected or removed.
Thermostatic Air Cleaner (TAC)
5.	For 25 model years old and newer vehicles, check for proper placement of the thermostatic air cleaner.	5.	The unit is missing. Holes have been drilled or punched in the air cleaner. Vacuum lines are disconnected or missing. Manifold heat pipe is disconnected or missing.
Air Injection System (AIR)
6.	For 25 model years old and newer vehicles, check for presence of original designed air injection system.	6.	The air pump, if originally equipped with one, is disconnected or removed. The drive belt is removed. The air hoses and/or pipes are disconnected or removed. The diverter valve is disconnected or removed.
Evaporative Emission Control (EVAP)
7.	For 25 model years old and newer vehicles, check the fuel evaporation control system.	7.	The canister is removed or the hoses are disconnected or removed.
Gas Cap
8a.	[Reserved]	8a.	[Reserved]
8b.	Vehicles subject to the low enhanced emissions inspection or OBD II emissions inspection.	8b.	Gas cap is missing, broken or cracked.
All non-exempt vehicles including vehicles with a make of custom or homemade, the vehicle gas cap shall be present and shall be visually checked for condition, as directed by the CVIS software.
OBD II
9a.	Operation of MIL. All non-exempt vehicles subject to the OBD II test, except for vehicles with a make of custom or homemade, shall be checked for the operation and activation of the on-board diagnostic malfunction indicator light (MIL), as per EPA and DEC requirements.	9a.	The MIL fails to light with the key on and engine off. The MIL remains lit with the engine running.
9b.	OBD II eligible vehicles as per above in 9a.	9b.	The MIL is commanded on by the OBD II system.
10.	All non-exempt vehicles subject to the OBD II test, except for vehicles with a make of custom or homemade, shall be checked for the operation and activation of the vehicle's OBD II system monitors, as per EPA and DEC requirements. These monitors are manufacturer-specific and include but are not limited to: the comprehensive component monitor, the misfire monitor, the fuel monitor, the oxygen sensor monitor, the catalyst monitor, the EGR monitor, the EVAP monitor, the heated catalyst monitor, the A/C system refrigerant monitor, the heated 02 sensor monitor and the secondary AIR monitor.	10.	If the number of monitors that the CVIS determines to be "not ready" exceeds the maximum allowable as calculated by NYS DEC, or by EPA mandate.
11.	All non-exempt vehicles subject to the OBD II test, except for vehicles with a make of custom or homemade shall be checked for proper operation of the OBD II system by communicating with the CVIS, as per DEC requirements.	11.	If the NYVIP CVIS is unable to communicate with the OBD II computer in the vehicle.

(j)Advisory emissions scan.

Any vehicle required to be equipped with an OBD system that is exempt from the OBD II emissions inspection under section 79.2(f)(4) of this Part, and is inspected at an inspection station owned and/or operated by a registered new motor vehicle dealer, is required to have advisory emissions scan completed during the inspection. The advisory scan will be completed using the NYVIP CVIS. No results will be reported to the consumer and such consumer shall not be charged a fee for the advisory emissions scan.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.24