Senate Bill S694

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    694
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   vehicle  inspection  renewal notification thirty days prior to expira-
   tion

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  304 of the vehicle and traffic law is amended by
 adding a new subdivision (d) to read as follows:
   (D)(1) THE DEPARTMENT OF MOTOR VEHICLES SHALL NOTIFY  INDIVIDUALS  VIA
 POSTAL MAIL THAT THEIR VEHICLE INSPECTION IS SUBJECT TO EXPIRATION THIR-
 TY  DAYS  BEFORE  SUCH  EXPIRATION. EVERY OWNER OF A MOTOR VEHICLE WHICH
 SHALL BE OPERATED OR DRIVEN UPON  THE  PUBLIC  HIGHWAYS  OF  THIS  STATE
 SHALL,  EXCEPT  AS OTHERWISE EXPRESSLY PROVIDED, BE CONTACTED BY MAIL OR
 OTHERWISE.
   (2) THE RENEWAL NOTIFICATION SHALL CONTAIN: (A) A BRIEF DESCRIPTION OF
 THE MOTOR VEHICLE THAT HAS AN  INSPECTION  THAT  NEEDS  TO  BE  RENEWED,
 INCLUDING  THE  NAME  AND FACTORY NUMBER OF SUCH VEHICLE, AND SUCH OTHER
 FACTS AS THE COMMISSIONER SHALL REQUIRE; (B)  THE  NAME  AND  RESIDENCE,
 INCLUDING  COUNTY  OF  THE OWNER OF SUCH MOTOR VEHICLE; (C) NOTIFICATION
 THAT SUCH INSPECTION SHALL EXPIRE AT THE END OF THE CURRENT  MONTH;  AND
 (D) SUCH ADDITIONAL FACTS OR EVIDENCE AS THE COMMISSIONER MAY REQUIRE IN
 CONNECTION WITH THE LETTER OF NOTIFICATION.
   (3)  THE  COMMISSIONER  SHALL REGISTER THE NOTIFICATION SENT REGARDING
 SUCH MOTOR VEHICLE OR TRAILER AND MAINTAIN  A  RECORD  OF  SUCH  RENEWAL
 NOTIFICATIONS AND THE ADDRESSES TO WHICH SUCH NOTIFICATIONS WERE SENT.
   (4)  IT  SHALL  BE  THE  DUTY  OF EVERY OWNER HOLDING A CERTIFICATE OF
 REGISTRATION TO NOTIFY THE COMMISSIONER IN  WRITING  OF  ANY  CHANGE  OF
 RESIDENCE  OF  SUCH PERSON WITHIN TEN DAYS AFTER SUCH CHANGE OCCURS, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01694-01-9

 S. 694                              2
 
 TO INSCRIBE ON SUCH CERTIFICATE, IN THE PLACE PROVIDED  BY  THE  COMMIS-
 SIONER, A RECORD OF SUCH CHANGE OF RESIDENCE.
   (5)  INSPECTION  RENEWAL  NOTIFICATIONS  SHALL TAKE EFFECT ON THE DATE
 DETERMINED BY THE COMMISSIONER.
   (6) THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS ARE  NECESSARY
 TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   § 2. Subdivision (b) of section 306 of the vehicle and traffic law, as
 amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
 follows:
   (b) No motor vehicle shall be operated or parked on the  public  high-
 ways  of  this state unless a certificate or certificates of inspection,
 as required by this article, is or are displayed  upon  the  vehicle  or
 affixed to the registration certificate for the vehicle as may be deter-
 mined  by the commissioner. The commissioner may, by regulation, provide
 for a temporary indicia of inspection to be placed on  a  motor  vehicle
 which  shall be valid as a certificate of inspection for a period not to
 exceed fifteen days upon the loss, theft, mutilation or destruction of a
 certificate of inspection. Any violation of  this  section  that  occurs
 while  a  motor  vehicle  is parked on the public highways of this state
 shall constitute a parking violation. Every agreement for the  lease  or
 rental  of  a  motor  vehicle  for a period of not more than thirty days
 shall be deemed to provide that the lessor of such vehicle shall, in all
 respects, be substituted for the lessee  or  any  person  operating  the
 vehicle  in  conformity with the lease or rental agreement in connection
 with any charge of violating this section,  provided  that  any  summons
 issued  to  the operator for violation of this section is turned over to
 the lessor. A violation of this subdivision shall  be  punishable  by  a
 fine  of  not  less  than  fifty nor more than one hundred dollars for a
 first offense, and by a fine of not less than fifty nor  more  than  two
 hundred dollars or by imprisonment for not more than fifteen days, or by
 both  such  fine and imprisonment, for each subsequent offense; provided
 however, that if the vehicle bears  a  certificate  or  certificates  of
 inspection  which  was  or  were  valid within the last sixty days, such
 violation shall be punishable by a fine of not less than twenty-five nor
 more than fifty dollars; PROVIDED FURTHER HOWEVER, THERE SHALL BE A FIVE
 DAY GRACE PERIOD AFTER THE EXPIRATION OF SUCH CERTIFICATE, WHEREIN OPER-
 ATORS OF SUCH VEHICLE SHALL NOT BE FOUND TO  BE  IN  VIOLATION  OF  THIS
 SUBDIVISION.  SUCH GRACE PERIOD SHALL BE A COMPLETE DEFENSE TO LIABILITY
 UNDER THIS SECTION.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.