The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1242
 
                        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
 
 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
 affixed to the registration certificate for the vehicle as may be deter-
 mined by the commissioner. The commissioner may, by regulation,  provide
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05175-01-3

 S. 1242                             2
 
 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
 PROCEDURE FOR THE ISSUANCE AND THE MAILING OF SUCH NOTICE AT THE ADDRESS
 OF SUCH PERSON ON FILE WITH THE DEPARTMENT, INCLUDING ELECTRONIC ADDRESS
 S. 1242                             3
 
 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.