§ 306 — Enforcement

New York § 306

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 3: Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
• Art. 5: Periodic Inspection of Motor Vehicles

Text

§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the\nrenewal of the registration of any motor vehicle for which a certificate\nor certificates of inspection has or have not been obtained as required\nby this article, or the regulations promulgated thereunder, or which is\nnot repaired within the period designated under section three hundred\nfour (b); provided however, the commissioner shall waive the requirement\nfor any repairs to an emissions system beyond the expenditure amount\npermitted by federal law and regulations once the amount has been\nexpended. The commissioner shall provide for an appeal from a\ndetermination related to a request that the repair requirement be\nwaived. No such waiver shall apply to classes of vehicles for which such\nwaiver would be prohibited pursuant to a final decree of a federal\ncourt.\n (b) No motor vehicle shall be operated or parked on the public\nhighways of this state unless a certificate or certificates of\ninspection, as required by this article, is or are displayed upon the\nvehicle or affixed to the registration certificate for the vehicle as\nmay be determined by the commissioner. The commissioner may, by\nregulation, provide for a temporary indicia of inspection to be placed\non a motor vehicle which shall be valid as a certificate of inspection\nfor a period not to exceed fifteen days upon the loss, theft, mutilation\nor destruction of a certificate of inspection. Any violation of this\nsection that occurs while a motor vehicle is parked on the public\nhighways of this state shall constitute a parking violation. Every\nagreement for the lease or rental of a motor vehicle for a period of not\nmore than thirty days shall be deemed to provide that the lessor of such\nvehicle shall, in all respects, be substituted for the lessee or any\nperson operating the vehicle in conformity with the lease or rental\nagreement in connection with any charge of violating this section,\nprovided that any summons issued to the operator for violation of this\nsection is turned over to the lessor. A violation of this subdivision\nshall be punishable by a fine of not less than fifty nor more than one\nhundred dollars for a first offense, and by a fine of not less than\nfifty nor more than two hundred dollars or by imprisonment for not more\nthan fifteen days, or by both such fine and imprisonment, for each\nsubsequent offense; provided however, that if the vehicle bears a\ncertificate or certificates of inspection which was or were valid within\nthe last sixty days, such violation shall be punishable by a fine of not\nless than twenty-five nor more than fifty dollars.\n (c) No motor vehicle shall be registered in this state unless a valid\ncertificate or certificates of inspection is or are in force therefor,\nexcept where the vehicle is outside the state at the time of application\nfor registration and the owner has secured from the commissioner a\nwritten extension of the time for inspection of such vehicle.\n (d) No person shall issue a certificate or certificates of inspection,\ninspection extension, or rejection notice without having made a complete\ninspection or inspections in conformity with the rules and regulations\nestablished by the commissioner, or shall wilfully issue a certificate\nor certificates of inspection for a motor vehicle, the mechanisms and\nother equipment or emissions of which do not comply with the standards\nprescribed by the rules and regulations established by the commissioner\nor the commissioner of environmental conservation, or wilfully issue a\ncertificate of inspection extension or rejection notice when the item or\nitems of inspection conform to the standards established by the\nregulations of the commissioner or wilfully issue a certificate of\ninspection extension or rejection notice for an item or items for which\ninspection is not required by the regulations of the commissioner.\n (e) Any person who shall make, issue or knowingly use any imitation or\ncounterfeit of an official certificate of inspection, or who shall\npossess or display or cause or permit to be displayed upon any motor\nvehicle any certificate of inspection knowing the same to be fictitious\nor issued without an inspection or required repairs having been made,\nor, who unlawfully mutilates a valid certificate of inspection or\nrejection, or who shall knowingly issue, obtain or present a false\nstatement in connection with a waiver authorized by this article, or who\nunlawfully removes such a certificate from a motor vehicle, shall be\nguilty of a misdemeanor. The provisions of this subdivision shall also\napply to any temporary indicia of inspection provided for by regulation\nof the commissioner.\n (f) Any person who shall display or cause or permit to be displayed\nany sign, mark or advertisement as an official inspection station unless\na license has been issued by the commissioner and is then in effect or\nwho shall transfer or attempt to transfer a license as an official\ninspection station, or who knowingly makes a false statement in an\napplication for a license for an official inspection station, or renewal\nthereof, shall be guilty of a misdemeanor.\n