§ 301 — Periodic inspection of all motor vehicles

§ 301. Periodic inspection of all motor vehicles. (a) The commissioner\nshall require that every motor vehicle registered in this state be\ninspected once each year for safety, and at least biennially for\nemissions as provided for pursuant to paragraph two of subdivision (d)\nof this section, and in accordance with the provisions of this article,\nand that every motor vehicle sold or transferred for use on the public\nhighways of this state by a dealer registered under section four hundred\nfifteen of this chapter to any person other than another such registered\ndealer or transferred for no remuneration by such a registered dealer to\nany person other than to a welfare to work program authorized by the New\nYork state department of labor, a private industry council, a county or\na social services district for the sole use of public assistance\nrecipients or applicants participating in the welfare to work program to\nwhich such vehicle is transferred must be inspected and bear a valid\ncertificate or certificates of inspection prior to delivery to the\npurchaser or transferee. Provided, however, that nothing contained\nherein shall be deemed to exempt any motor vehicle so transferred to a\nwelfare to work program pursuant to the provisions of this subdivision\nfrom being inspected in accordance with the provisions of this section\nor from complying with all other applicable provisions of this chapter,\nincluding registration and financial security, prior to operation on any\npublic highway.\n (b) The commissioner shall also require the inspection of any motor\nvehicle duly registered under the laws of another state, a province of\nCanada, a territory or a federal district to the extent to which such\nstate, province, territory or federal district requires the inspection\nof motor vehicles duly registered under the laws of this state.\n (c) (1) (a) A safety inspection shall be made with respect to the\nbrakes; steering mechanism; wheel alignment; lights, including but not\nlimited to the lights which are designed and placed on a vehicle for the\npurpose of illuminating the vehicle's license plates; odometer; tire\npressure; seat safety belts; shoulder harness safety belts; any window\nwhich is composed of, covered by or treated with any material which has\na light transmittance of less than seventy percent pursuant to section\nthree hundred seventy-five of this title and such other mechanisms and\nequipment as shall be determined by the commissioner to be necessary for\nproper and safe operations. Such inspection shall also be made with\nrespect to vehicle identification number. Upon inspection, the mileage\nappearing on the odometer shall be recorded upon the inspection sticker.\n (b) In the case of any passenger car manufactured on or after\nSeptember first, nineteen hundred ninety-seven, during the course of the\nvehicle safety inspection, the readiness of the inflatable restraint\nsystem, by means of the readiness indicator, shall be noted on the\ninvoice supplied to the consumer. The system's lack of readiness shall\nnot be considered grounds for the vehicle to fail the safety inspection\nprovided for in subparagraph (a) of this paragraph.\n (2) Such inspection may also include a visual inspection prescribed by\nthe commissioner to determine the presence and correct installation of\nany air contaminant emission systems or devices which are required by\nstate or federal law or any rules or regulations pursuant thereto;\nprovided that for any vehicle not subject to an emission inspection\npursuant to subdivision (d) of this section, such visual inspection\nshall be performed.\n (3) Improper tire pressure shall not be reason for failure of the\ninspection.\n (d) (1) The commissioner, in consultation with the commissioner of\nenvironmental conservation, shall implement a program of motor vehicle\nemissions inspections with respect to any motor vehicles or class of\nmotor vehicles which are required by federal law or any rules or\nregulations issued pursuant thereto or by any state law or any rules or\nregulations issued pursuant thereto, including rules and regulations\nissued by the department of environmental conservation, to meet\nstandards applicable to the emission of any kind of substance by such\nvehicles or engines or to contain any equipment, systems or design\nfeatures to reduce such emission. The commissioner shall establish\nregulations for such inspections. Such regulations shall include\nprovision for cooperating with the commissioner of environmental\nconservation to notify owners of vehicles that have failed emission\ninspections of the availability of mobile source emission reduction\ncredit trading programs pursuant to section 19-0301 of the environmental\nconservation law.\n (2) Such inspection shall be performed biennially; provided however\nthat the commissioner may require emission inspections more frequently\nthan biennially if the commissioner of environmental conservation, in\nconsultation with the commissioner, makes a determination that more\nfrequent emission inspections are necessary to comply with federal\nrequirements or a court order; and provided that an emission inspection\nprogram in operation prior to nineteen hundred ninety-three shall\ncontinue to require emission inspections at least annually until January\nfirst, nineteen hundred ninety-six.\n (3) Such inspection shall be performed at a facility that only\nperforms inspections if the commissioner of environmental conservation,\nin consultation with the commissioner, makes a determination that such\nrestriction is necessary to meet federal requirements. In no event shall\nany facility operating pursuant to a contract with the commissioner,\nentered into pursuant to subdivision (a) of section three hundred three\nof this chapter, be allowed to perform repairs; provided however, that\nsuch a facility shall be allowed to perform repairs at no charge that\nare incidental to the inspection process.\n (4) The commissioner shall establish an emission system repair\ntraining program, for purposes of enhancing the quality and reliability\nof emission system repair services available from official repair\nstations in all areas where emission inspections are required under this\nsection.\n (e) The requirements of air contamination emission system inspection\nshall not apply to historical motor vehicles registered pursuant to\nschedule G of subdivision seven of section four hundred one of this\nchapter unless required by federal law.\n (f) The department is authorized, in consultation with the departments\nof environmental conservation and transportation, to adopt rules and\nregulations necessary to implement a heavy duty vehicle inspection\nprogram pursuant to section 19-0320 of the environmental conservation\nlaw and implement such program by June first, nineteen hundred\nninety-nine.\n