Senate Bill S1242A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1242--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation  --  recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule  6,  sec.  8  --  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05175-02-3
              

 S. 1242--A                          2
 
 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 SIXTY  DAYS,  SUCH  VIOLATIONS
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWENTY-FIVE NOR MORE THAN
 FIFTY  DOLLARS;  AND  PROVIDED FURTHER, THAT IF A PERSONAL USE PASSENGER
 MOTOR 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;  AND
 PROVIDED  FURTHER  that  if  [the]  SUCH  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  PERSONAL  USE
 PASSENGER  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 SUCH MOTOR
 VEHICLE WHO HAS AFFIRMATIVELY CONSENTED OR REQUESTED TO BE CONTACTED  BY
 ELECTRONIC  MEANS  OF  COMMUNICATION IN A FORM PRESCRIBED BY THE COMMIS-
 SIONER, OR UPON DETERMINATION THAT SUFFICIENT APPROPRIATIONS ARE  AVAIL-
 ABLE, BY MAILING OF SUCH NOTICE TO THE ADDRESS OF AN OWNER OF SUCH MOTOR
 VEHICLE  WHO  HAS  NOT AFFIRMATIVELY CONSENTED TO COMMUNICATION BY ELEC-
 TRONIC 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
 S. 1242--A                          3
 
 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
 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.