N.Y. Comp. Codes R. & Regs. tit. 15 § 79.7

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

Section 79.7 - Official inspection station licenses

(a) Inspections will be made only by official inspection stations currently licensed by the commissioner. Certificates of inspection and inspection rejection notices will be issued only by official inspection stations currently licensed by the commissioner. Before issuing licenses to such stations, the commissioner, after appropriate inquiry and investigation, must be satisfied that the station is properly equipped and has in its employ at least one full-time employee who is an appropriately certified motor vehicle inspector to conduct the type of inspections for which the station is licensed. Before being issued a license to inspect vehicles for the public, a station must be registered with the commissioner as a repair shop.

(b) Each application for a new license to operate an official inspection station must be made on a form prescribed by the commissioner and must be accompanied by an application fee of $25, which is not refundable. If the application is approved, a license will be issued upon payment of an additional fee of $5 for each month or fraction thereof from the date of issuance to its expiration date, but in no event shall the fee for one year exceed $50 or $100 for two years. In the event that an applicant desires to establish inspection facilities at locations which the commissioner considers as separate and different locations, a separate application must be made and a separate fee paid for each location.

(c)Inspection fees.

(1) An inspection station may charge a fee which may not exceed, but may be less than, the fee set by the following schedule:

VEHICLE GROUPS	INSPECTION FEES
Maximum gross weight (MGW) is the weight of the vehicle, as indicated on the vehicle registration certificate. Seating capacity is the number of passengers that may be transported in the vehicle, as indicated on the vehicle registration certificate. The MGW and the seating capacity are used to determine the applicable motor vehicle safety inspection. If a motor vehicle that is not registered in this State is presented for inspection, it must be inspected as if it were or as it will be registered in this State.
GROUP 1
(a) (1) Safety inspection of all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, and all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, under 10,001 pounds.	$10
(2) Safety inspection of all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, except when the registrant requests a heavy vehicle inspection.	$15
(b) Safety inspection of all trailers, except semi-trailers, that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except those 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.	$ 6
GROUP 2
(a) (1) Safety inspection of all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, all motor vehicles, except trailers, that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, those motor vehicles, except 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.	$20
(2) All trailers that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, and those 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.	$12
(b) All semi-trailers.	$12
GROUP 3
Motorcycles	$ 6
Emissions inspection fees (includes low enhanced, OBD II and diesel)
OBD II Emissions Inspection (performed at an inspection station located within the NYMA)	$27
OBD II Emissions Inspection (performed at an inspection station located outside the NYMA)	$11
Low enhanced emissions inspection	$11
Diesel emissions inspection (smoke opacity test)	$25

(2) -(3) [Reserved]

(4) Inspection fees are not subject to State and local sales tax. All fees listed include the cost of the inspection certificate.

(5) If a licensed inspection station desires to inspect vehicles in groups other than those for which they are licensed, such station must first notify the commissioner who may approve such change after appropriate inquiry and investigation to determine that the station possesses qualified personnel, proper equipment and sufficient building area.

(6) If a vehicle fails a safety and/or emissions inspection, and is not removed from the station for repair, there shall be no 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.

(7) An official emissions inspection station must perform both the safety and low enhanced emission or OBD II emission portions of an inspection on all vehicles subject to emissions inspection presented to them (except for reinspections).

(i) Vehicles that are subject to the OBD II inspection may receive the safety and OBD II inspection at an official emissions inspection station located outside of the NYMA and do not need a temporary certificate of emissions waiver (form VS-1078). All diesel-powered vehicles subject to diesel emissions inspection (smoke opacity test) with "DEMA" printed on the registration document may receive the safety and diesel emissions inspection at a diesel emissions inspection station located outside of the NYMA (provided the station is licensed to perform the appropriate safety inspection) and do not need a temporary certificate of emissions waiver (form VS-1078). All diesel-powered vehicles subject to diesel emissions inspection (smoke opacity test) with "DEMA" printed on the registration document may receive the safety inspection at an inspection station that is other than a diesel emissions inspection station and geographically located outside of the NYMA (provided the station is licensed to perform the appropriate safety inspection), if a temporary certificate of emissions waiver (form VS-1078) is presented to the station.

(8) An official inspection station outside the NYMA, which is not an official diesel inspection station, may only inspect a vehicle subject to the diesel emissions inspection if the operator of the vehicle presents a valid temporary certificate of emissions waiver (form VS-1078).

(d) Official inspection station licenses are not transferable. Where a change occurs in the ownership of a station, except as set forth in subdivision (e) of this section, a new application accompanied by the prescribed fee must be made by the new owner. A change of location, without a change in ownership, where the commissioner considers such a change as being to a separate, new and different location, requires an amendment setting forth the new location. This amendment must be submitted at least 30 days prior to the facility changing location. The commissioner may waive the 30-day requirement in the case of extreme emergencies, such as natural disasters or eviction, and may in such cases issue a temporary permit to operate an official inspection station at the new location, pending final review of the amendment application. If the department has not conducted an on-site investigation of the proposed new location within 30 days of receipt of the amendment application, a temporary permit to operate at that new location may be granted until the investigation takes place. A temporary permit issued pursuant to this subdivision shall remain in effect for no longer than 60 days. The commissioner must be notified in writing of a change of name without a change of ownership or locations and in such event no fee is required.

(e) The commissioner must be notified immediately in writing if there is a change in the members of a partnership. A license in the names of two or more persons as partners or otherwise shall not expire on change of ownership, as long as one person named as a partner remains the owner or part owner. This policy applies where two or more partners increase the number of partners, but does not apply where an individual forms a partnership nor where a corporation is involved. Corporations must notify the commissioner immediately, in writing, of any corporation officer changes.

(f)Approval of applications for inspection station license.

The commissioner reserves the right to determine the maximum number of public official emissions inspection stations that may be located in any county. The factors used to make this determination include: the total number of motor vehicles that are registered in any given county of the State; the total number of public official emissions inspection stations that are located in any given county of the State; motorist waiting times for inspections; and any other factors that the commissioner finds are materially and substantially related to making such determination. Such determination shall be re-assessed on an annual basis. If the maximum number of public official emissions inspection stations is reached in any county, the commissioner may refuse to approve an application for an original public official emissions inspection station license and may refuse to approve an application for an amendment for a public official emissions inspection station change of location, and shall place any such application on a waiting list. Any application fees or inspection station license fees for applications that are not approved pursuant this subdivision shall be returned to the applicant. If the number of public official emissions inspection stations falls below the maximum in any county, an application for an original public official emissions inspection station license or an application for an amendment for a change of location that has been on the waiting list for the greatest length of time shall be reviewed by commissioner. The department shall post on its public website a summary of its findings regarding the number of public inspection stations that shall be permitted in each county. Notwithstanding the provisions of this subdivision, the commissioner shall accept an application for review if:

(1) the application is for the renewal of a public official emissions inspection station license; or

(2) a registered new motor vehicle dealer, as defined in Vehicle and Traffic Law section 415(1)(f), or a new motor vehicle dealer applicant, submits an application for an original public official emissions inspection station license or an amendment application for a change of location for one public official emissions inspection station license that is owned by and/or operated in conjunction with such dealer; or

(3) an original application for a public official emissions inspection station license is received from a person who purchased a facility from another person, and such facility had a public official emissions inspection station license in good standing at the time of sale. For the purposes of this paragraph, in good standing means that, at the time of the sale: the facility's license is not suspended or revoked; the facility does not owe any outstanding civil penalties; the facility has no hearings or appeals pending before the department; and the facility has no litigation pending in which the department is a named party; or

(4) a licensee submits an amendment application for a change of location, and the change of location is within the same county, or within five miles of the current location. This paragraph shall not apply to licensees covered by paragraph (2) of this subdivision; or

(5) the commissioner determines that there is a need for an inspection station in a specific geographic region within a county due to consumer factors, including but not limited to, distance and travel time between stations. If an application is approved pursuant to this paragraph, no subsequent application for change of location that is greater than five miles from the original location will be accepted for a period of five years.

(g) A fleet or dealer inspection license will not be issued or renewed for a facility owner who already possesses a public inspection license at that location. A holder of a fleet or dealer license who wishes to obtain a public inspection license must surrender the fleet or dealer inspection license upon issuance of the public inspection license.

(h) In order to perform emissions inspections, a station must be licensed as an official emissions inspection station and be staffed and equipped to conduct safety and emissions inspections pursuant to these regulations. This subdivision does not apply to official inspection stations restricted to the inspection of trailers, motorcycles, or any vehicles exempt from the emission inspection requirement.

(i) In order to perform diesel emissions inspections, a station must be licensed as an official diesel emissions inspection station and be staffed and equipped to conduct safety and diesel exhaust inspection pursuant to these regulations. This subdivision does not apply to official inspection stations restricted to the inspection of trailers, motorcycles, or any vehicles exempt from the emission inspection requirement.

(j) A new motor vehicle dealer who is applying for a provisional dealer registration may concurrently apply for an official inspection station provisional license (hereinafter referred to as provisional license). The application for a provisional license shall be filed in such form and detail as the commissioner shall prescribe, and shall be filed concurrently with the original application for an official inspection station license and new motor vehicle dealer and repair shop registration. If an application for a provisional license is denied, the applicant shall not be entitled to an appeal or hearing regarding the denial.

(1) The holder of a provisional license shall be granted the same rights and privileges as are granted to the holder of an official inspection station license, except that the commissioner may suspend a provisional license for the same reasons that an official inspection station license is subject to suspension for a violation or violations of this Part or of sections 303 or 306 of the Vehicle and Traffic Law. If the provisional license is suspended pursuant to the provisions of this paragraph, the commissioner shall provide the provisional licensee with actual notice of the suspension at least seven calendar days prior to the effective date. The holder of the provisional license shall not be entitled to an appeal or hearing if such provisional license is suspended. The holder of a provisional license shall be subject to the same rules and regulations that apply to the holder of an official inspection station license, except if such rules and regulations are inconsistent with the provisions of this subdivision.

(2) The holder of a provisional license who has purchased or acquired, or who plans to purchase or acquire, the place of business from a registered new motor vehicle dealer:

(i) shall not conduct inspections in the name of the selling or transferring new motor vehicle dealer;

(ii) shall not use any unused certificate of inspection that had been issued to the selling or transferring registered new motor vehicle dealer by the department;

(iii) shall display the provisional license in a conspicuous manner.

(3) If a new motor vehicle dealer with a provisional license purchases or acquires a place of business from a registered new motor vehicle dealer, then within 30 business days of the issuance of the provisional license, the dealer must ensure that the official inspection station license and all unused certificates of inspection that had been issued to the selling or transferring inspection station are surrendered to the department or are accounted for.

(4) If the commissioner has suspended a provisional license, or if a provisional license has expired, and the dealer that held such provisional license has not obtained a valid official inspection station license, then all official inspection station operations at that location shall immediately cease, and the dealer shall surrender the provisional license, and all unused certificates of inspection to the department.

(5) The holder of a provisional license must meet all of the remaining requirements for the issuance of an official inspection station license within 30 days of the issuance of the provisional license.

(6) The provisional license shall expire 60 days from the date of issuance of such license or when the department completes its investigation related to the application for an inspection station license, whichever is later.

(7) The holder of a provisional license must notify the department immediately if the opening of the dealership is cancelled and such holder must return all supplies within 10 days.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.7