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This entry was published on 2014-09-22
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SECTION 306
Enforcement
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 5
§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the
renewal of the registration of any motor vehicle for which a certificate
or certificates 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 section three hundred
four (b); provided however, the commissioner shall waive the requirement
for any repairs to an emissions system beyond the expenditure amount
permitted by federal law and regulations once the amount has been
expended. The commissioner shall provide for an appeal from a
determination related to a request that the repair requirement be
waived. No such 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
highways 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 determined 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.

(c) No motor vehicle shall be registered in this state unless a valid
certificate or certificates of inspection is or are in force therefor,
except where the vehicle is outside the state at the time of application
for registration and the owner has secured from the commissioner a
written extension of the time for inspection of such vehicle.

(d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection or inspections in conformity with the rules and regulations
established by the commissioner, or shall wilfully issue a certificate
or certificates of inspection for a motor vehicle, the mechanisms and
other equipment or emissions of which do not comply with the standards
prescribed by the rules and regulations established by the commissioner
or the commissioner of environmental conservation, or wilfully issue a
certificate of inspection extension or rejection notice when the item or
items of inspection conform to the standards established by the
regulations of the commissioner or wilfully issue a certificate of
inspection extension or rejection notice for an item or items for which
inspection is not required by the regulations of the commissioner.

(e) Any person who shall make, issue or knowingly use any imitation or
counterfeit of an official certificate of inspection, or who shall
possess or display or cause or permit to be displayed upon any motor
vehicle any certificate of inspection knowing the same to be fictitious
or issued without an inspection or required repairs having been made,
or, who unlawfully mutilates a valid certificate of inspection or
rejection, or who shall knowingly issue, obtain or present a false
statement in connection with a waiver authorized by this article, or who
unlawfully removes such a certificate from a motor vehicle, shall be
guilty of a misdemeanor. The provisions of this subdivision shall also
apply to any temporary indicia of inspection provided for by regulation
of the commissioner.

(f) Any person who shall display or cause or permit to be displayed
any sign, mark or advertisement as an official inspection station unless
a license has been issued by the commissioner and is then in effect or
who shall transfer or attempt to transfer a license as an official
inspection station, or who knowingly makes a false statement in an
application for a license for an official inspection station, or renewal
thereof, shall be guilty of a misdemeanor.