N.Y. Comp. Codes R. & Regs. tit. 15 § 79.9

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

Section 79.9 - Station requirements

(a) Official inspection station licenses will be issued only to reputable applicants who possess the required qualifications.

(b) Space.

(1) The space requirements for official inspection stations, by class of station, are as follows:

(i) Class 1 station: In a city or village having a population of less than 10,000, and in an area outside a city or village, in any county of the State, a minimum enclosed area of 300 square feet is required.

(ii) Class 2 station: In a city or village with a population of 10,000 or more, a minimum enclosed area of 600 square feet is required.

(iii) Class 3 station: A motorcycle inspection station must have a minimum enclosed area of 120 square feet.

(2) When determining the area available to meet space requirements, office space, vehicle display area, supply area, or any unusual obstructions, shall not be part of the minimum area available to meet the above requirements.

(3)-(4) [Reserved]

(5) The enclosed area of any station must be large enough to accommodate any vehicle in the group or groups which the station is permitted to inspect as indicated on the station's application and license. For a heavy vehicle inspection station licensed to inspect semi-trailers, this requires a door and service bay height of at least 13 feet, 6 inches and a bay length of at least 50 feet. For a heavy vehicle inspection station not licensed to inspect semi-trailers, this requires a door and service bay height of at least 13 feet, 6 inches and a bay length of at least 35 feet.

(6) Temporary expedients for obtaining additional space or facilities, such as tents, sheds or so-called curb service will not be permitted.

(7) If after approval, the minimum space requirements are not maintained, inspections may not be performed at that station until the minimum space requirements are again met. Any agents appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain adequate space and to permit inspections to be made again upon compliance with the requirements.

(c) Waivers of dimension requirements.

(1) The commissioner, where such action is required to provide adequate inspection facilities, may waive the space requirements in any area of the State.

(2) The commissioner may waive the dimension standards for a fleet or dealer inspection station which inspects only vehicles owned or controlled by the fleet or dealer and which fit into the station.

(3) The commissioner may waive the dimension standards for a public inspection station that was licensed prior to January 1, 1990, where there is an undue hardship or such waiver is in the public interest because of a lack of heavy vehicle inspection stations in an area. However, no waiver will permit a station to inspect a vehicle which cannot fit into its building.

(d) Equipment. All equipment and tools required by this section shall be properly maintained in such a manner that an inspection may be conducted in conformity with these regulations.

(1) Each station must have, as a minimum, the following equipment, before it will be approved as an official inspection station:

(i) a one-hole paper punch that produces a round hole, one-quarter inch in diameter;

(ii) a tire tread depth gauge calibrated in thirty-seconds of an inch; and

(iii) a tire pressure gauge calibrated in lbs./sq. in. (psi).

(2) In addition to the equipment specified in paragraph (1) of this subdivision, an official emissions inspection station or any station required to complete advisory emissions scans as defined in section 79.24(j) of this Part must also have the appropriate computerized vehicle inspection system (CVIS), approved by the Department of Environmental Conservation and the Department of Motor Vehicles, capable of performing OBD II and low enhanced emissions inspections. This equipment, which shall be known as the NYVIP CVIS, shall include but not be limited to:

(i) computer;

(ii) controlling software;

(iii) communications link prescribed by DEC and DMV;

(iv) printer;

(v) a DEC and DMV approved OBD II scan tool with appropriate connectors and software;

(vi) bar code scanner; and

(vii) a dedicated phone line for transmission of all inspection data if a dial-up system is used, or other equipment as prescribed by the equipment vendor if another communications system is used. If a dial-up system is used, an official emissions inspection station that has more than one CVIS unit must maintain at least one phone line dedicated for use by the CVIS; this line may be shared by other CVIS units. No line(s) used by CVIS units(s) may be shared by any other equipment.

This equipment shall be delivered and installed in official emissions inspection stations as directed by the commissioner.

(3) [Reserved]

(4) In addition to the equipment specified in paragraph (1) of this subdivision, an official diesel emissions inspection station must also have the appropriate diesel emissions inspection system approved by the Department of Environmental Conservation as set forth in 6 NYCRR Part 217.

(5) In addition to the equipment specified in paragraph (1) of this subdivision, official heavy vehicle inspection stations must also have:

(i) a measuring device for brake adjustment, such as a steel scale or ruler or equivalent;

(ii) a one-sixteenth inch feeler gauge or equivalent;

(iii) a brake drum gauge or equivalent, capable of measuring up to a 24-inch drum; and

(iv) a rotor thickness gauge, such as a disc brake micrometer with a range from one inch to two inches, or equivalent.

(6) Official emissions inspection stations must maintain their printers so that reports and other required documents print legibly and clearly.

(7) [Reserved]

(8) If, after approval, the equipment requirements are not maintained, inspections may not be performed at that station until the equipment requirements are again met. An automotive facilities inspector and any other agent appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain adequate equipment and to permit inspections to be made again upon compliance with the equipment requirements.

(9) In addition to the equipment specified in paragraph (1) of this subdivision, an official inspection station licensed to per form a safety inspection of any vehicle in group 1a or group 2a must also hav e a tint meter to measure the visible light transmittance through immovable glass.

(e) Waivers of equipment requirements.

(1) [Reserved]

(2) Any licensed official heavy vehicle fleet inspection station is exempted from the requirement to have a brake drum gauge capable of measuring up to a 24-inch drum, if there are no vehicles in that particular fleet that are equipped with brake drums of that size. The station is required to have and maintain a brake drum gauge capable of measuring the largest brake drums found in that particular fleet of vehicles at any time. If a vehicle is added to the fleet that is equipped with larger brake drums, the station must immediately acquire and maintain a brake drum gauge capable of measuring the larger brake drums.

(3) Any licensed official heavy vehicle fleet inspection station is exempted from the requirement to have a rotor thickness gauge, if there are no vehicles in that particular fleet that are equipped with disc brakes. However, if a vehicle is added to the fleet that is equipped with disc brakes, the station must immediately acquire and maintain a rotor thickness gauge.

(f) Personnel.

(1) Individuals will not be deemed to be certified motor vehicle inspectors unless they have a currently valid certified motor vehicle inspector's certificate issued in accordance with section 79.17 of this Part.

(2) Individuals who have been issued a certified motor vehicle inspector's certificate may be employed at any official inspection station for the purpose of inspecting only those vehicles appropriate to the type of vehicle they are allowed to inspect as it appears upon their certificate and appropriate to the type of vehicle allowed to be inspected by such official inspection station.

(3) An automotive facilities inspector or any other agent appointed by the commissioner is authorized to test certified motor vehicle inspectors for competency where reasonable grounds exist to believe that the inspector is incompetent in conducting inspections of vehicles. If an inspector fails to pass such test, such inspector will be deemed incompetent, and will not be permitted to conduct further inspections until a subsequent special written examination authorized by the commissioner is passed. If the certified motor vehicle inspector fails the special written examination, the commissioner shall revoke the inspector's certificate. The certified motor vehicle inspector's certificate may be reinstated when the inspector certification training program is successfully completed and the written examination of such program is passed.

(4) An automotive facilities inspector or any other agents appointed by the commissioner are empowered to prevent further inspections by an inspector deemed incompetent and to permit inspections to be made again by such a person upon reinstatement of the certificate or upon issuance of a new certificate after revocation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.9

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017