S T A T E O F N E W Y O R K
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1542--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. GUNTHER, KELLES, BENDETT, MANKTELOW, DeSTEFANO --
Multi-Sponsored by -- M. of A. FLOOD -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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. Subdivisions (a) and (b) of section 306 of the vehicle and
traffic law, as amended by chapter 608 of the laws of 1993, are amended
and a new subdivision (g) is added to read as follows:
(a) The commissioner shall suspend or prohibit the renewal of the
registration of any motor vehicle for which a certificate or certif-
icates of inspection has or have not been obtained as required by this
article, or the regulations promulgated thereunder, or which is not
repaired within the period designated under SUBDIVISION (B) OF section
three hundred four OF THIS ARTICLE [(b)]; provided however, the commis-
sioner shall waive the requirement for any repairs to an emissions
system beyond the expenditure amount permitted by federal law and regu-
lations once the amount has been expended, AND PROVIDED FURTHER THAT THE
COMMISSIONER SHALL PROVIDE FOR SUITABLE NOTICE OF AN IMPENDING
INSPECTION EXPIRATION IN ACCORDANCE WITH SUBDIVISION (G) OF THIS
SECTION. The commissioner shall provide for an appeal from a determi-
nation related to a request that the repair requirement be waived. No
such NOTICE OR waiver shall apply to classes of vehicles for which such
waiver would be prohibited pursuant to a final decree of a federal
court.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04169-02-3
A. 1542--A 2
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 PAST FIVE DAYS IT SHALL BE
AN AFFIRMATIVE DEFENSE TO SUCH VIOLATION AND NO VIOLATION SHALL HAVE
OCCURRED; PROVIDED, FURTHER that if the vehicle bears a certificate or
certificates of inspection which was or were valid within [the last] NO
FEWER THAN SIX DAYS AND NO MORE THAN sixty days, such violation shall be
punishable by a fine of not less than twenty-five nor more than fifty
dollars.
(G) (1) THE COMMISSIONER SHALL NOTIFY EVERY OWNER OF A MOTOR VEHICLE
REGISTERED IN THIS STATE THAT THEIR VEHICLE INSPECTION IS SUBJECT TO
EXPIRATION THIRTY DAYS BEFORE SUCH EXPIRATION. SUCH NOTICE MAY BE
PROVIDED ELECTRONICALLY TO AN OWNER OF A MOTOR VEHICLE WHO HAS AFFIRMA-
TIVELY CONSENTED OR REQUESTED TO BE CONTACTED BY ELECTRONIC MEANS OF
COMMUNICATION IN A FORM PRESCRIBED BY THE COMMISSIONER, OR UPON DETERMI-
NATION THAT SUFFICIENT APPROPRIATIONS ARE AVAILABLE, BY MAILING OF SUCH
NOTICE TO THE ADDRESS OF AN OWNER OF A MOTOR VEHICLE WHO HAS NOT AFFIR-
MATIVELY CONSENTED TO COMMUNICATION BY ELECTRONIC MEANS.
(2) THE RENEWAL NOTIFICATION SHALL INCLUDE WITHOUT LIMITATION THE
FOLLOWING DETAILS: (I) A BRIEF DESCRIPTION OF THE MOTOR VEHICLE THAT HAS
AN INSPECTION THAT NEEDS TO BE RENEWED, INCLUDING THE VEHICLE OWNER'S
NAME AND RESIDENCE, TOGETHER WITH THE PLATE DESIGNATION AND THE PLATE
TYPE AS SHOWN BY THE REGISTRATION PLATES OF SUCH VEHICLE AND THE EXPIRA-
TION DATE; THE MAKE OR MODEL, AND BODY TYPE OF SUCH VEHICLE; THE NAME
AND FACTORY NUMBER OF SUCH VEHICLE, AND SUCH OTHER FACTS AS THE COMMIS-
SIONER SHALL REQUIRE;
(II) NOTIFICATION THAT SUCH INSPECTION SHALL EXPIRE AT THE END OF THE
CURRENT MONTH; AND
(III) SUCH ADDITIONAL FACTS OR EVIDENCE AS THE COMMISSIONER MAY
REQUIRE IN CONNECTION WITH THE FORM OF THE NOTIFICATION.
(3) THE COMMISSIONER SHALL REGISTER THE NOTIFICATIONS SENT REGARDING
SUCH MOTOR VEHICLES AND SHALL MAINTAIN A RECORD OF SUCH NOTIFICATIONS
AND THE ADDRESSES TO WHICH SUCH NOTIFICATIONS WERE SENT. THE PRODUCTION
OF A COPY OF A NOTICE ISSUED BY THE DEPARTMENT, TOGETHER WITH AN ELEC-
TRONICALLY-GENERATED RECORD OF ENTRY OF SUCH NOTICE UPON THE APPROPRIATE
OWNER'S REGISTRATION FILE OF THE DEPARTMENT AND AN AFFIDAVIT BY AN
EMPLOYEE DESIGNATED BY THE COMMISSIONER AS HAVING RESPONSIBILITY FOR THE
ISSUANCE OF SUCH NOTICE ISSUED BY THE DEPARTMENT SETTING FORTH THE
A. 1542--A 3
PROCEDURE FOR THE ISSUANCE AND THE MAILING OF SUCH NOTICE AT THE ADDRESS
OF SUCH PERSON ON FILE WITH THE DEPARTMENT, INCLUDING ELECTRONIC ADDRESS
OR TELEPHONE NUMBER FOR OWNERS WHO HAVE AFFIRMATIVELY CONSENTED TO
COMMUNICATION BY ELECTRONIC MEANS, SHALL BE PRESUMPTIVE EVIDENCE THAT
SUCH NOTICE OF INSPECTION EXPIRATION WAS PRODUCED AND MAILED IN ACCORD-
ANCE WITH SUCH PROCEDURES.
(4) THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AND PROCEDURES AS
SHALL BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.