N.Y. Comp. Codes R. & Regs. tit. 15 § 79.8

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

Section 79.8 - Duties of licensee

(a) An official inspection station licensee is obligated to inspect vehicles in accordance with these regulations. By issuing a certificate of inspection, the licensee certifies that:

(1) the brakes, steering mechanism, lights and such other equipment specified by these regulations have been inspected in accordance with these regulations; and

(2) such equipment and mechanism comply with the regulations of the commissioner.

(b) The licensee is responsible for all inspection activities conducted at the inspection station. The specific duties of an official inspection station are as follows:

(1) to conduct, as promptly as possible, a thorough and efficient inspection of any vehicle, including a vehicle registered in another state, which the station is qualified to inspect, and which is presented to the station for an official inspection. Such inspection must be performed in the manner prescribed;

(2) to employ at all times, at least one full-time employee who is a certified motor vehicle inspector to perform the services required by these regulations. Such full-time certified motor vehicle inspector may be an employee or licensee, or the licensee may contract for the services. A licensee is liable for all the inspection activity of the contractor. Only a certified inspector may conduct a periodic inspection of a vehicle;

(3) to maintain the minimum enclosed space, the necessary tools and equipment for inspection as required by these regulations;

(4) to make these regulations and procedures available to all personnel that are certified to perform inspections;

(5) to make charges for inspections not in excess of the fee schedule. The inspection fee must not include any payment for corrections, adjustments, repairs or sales tax;

(6) An inspection station is not required to perform repairs to defective items for which a vehicle is rejected. If, however, the station does not perform repairs, the station must inform the motorist of the policy before the inspection is started. The station must prominently post a sign visible to the motorist during the normal course of business, and must also inform the motorist in writing and obtain the motorist's signature as acknowledgment.

(7) [Reserved]

(8) to maintain a clean and orderly place of business with adequate supervision of employees making inspections;

(9) to keep records of safety and/or emissions inspections, reinspections and the results thereof, and a record of the issued certificates of inspection which shall be available for examination during normal business hours by any agent of the commissioner, or any other properly authorized law enforcement officer. All such records must be kept in the manner prescribed by the commissioner and must be kept for a minimum of two years;

(10) to provide for the safekeeping of certificates of inspection, controlling their sequence of issuance, and insuring that they are placed only on vehicles in accordance with these regulations;

(11) to post prominently in the inspection station the official business certificate (form MV-61P), inspection groups and fee chart (form VS-77) and any other documents required by the commissioner to be posted;

(12) to display on the outside of the premises an official inspection station sign. These signs must meet the specifications required by the Commissioner of Motor Vehicles (see section 79.13 of this Part), and be hung or mounted in such a manner that they are visible to the public upon entering the inspection facility; and

(13) to surrender any and all unused certificates of inspection and station licenses when failing to renew or retiring from business, or when a license has been revoked.

(c) The inspection station will make an appointment when any vehicle that the station is qualified to inspect cannot be inspected in a convenient time span.

(1) When the inspection station is unable to inspect a vehicle within a time span convenient to the vehicle owner or operator, the inspection station shall set up an appointment for performing the inspection. The appointment shall be in writing and shall include:

(i) the time and date of the future appointment;

(ii) the date of inspection refusal;

(iii) a description of the vehicle, consisting of its year, make and model;

(iv) the name and address of the vehicle owner;

(v) the signature of the inspection station licensee or a designated employee; and

(vi) the facility name, address and telephone number.

(2) The appointment date and time shall be not more than eight working days from the original request date, and shall be with the normal posted business hours of the station. The appointment location shall be at the same inspection station that was unable to inspect the vehicle within a time span convenient to the vehicle owner or operator.

(3) The inspection station shall inspect the vehicle promptly when it is submitted for inspection at the appointed time.

(4) The inspection station may charge a deposit for setting up an appointment. The deposit may not exceed the fee for inspection. The deposit must be applied to the inspection fee if the motorist appears for the appointment. The deposit may be forfeited to the inspection station if the motorist fails to keep the appointment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.8