* ³ 402-b. Obscured and obstructed license plates. 1. If any vehicle
is driven or operated on a public highway in violation of subparagraph
(ii), (ii-a), or (iii) of paragraph (b) of subdivision one of section
four hundred two of this article and is committed in their presence, a
police officer, as defined in section one hundred thirty-two of this
chapter, shall be authorized to take such actions as may be required or
permitted by the provisions of this section.

2. If the vehicle is being driven or operated in violation of
subparagraph (ii), (ii-a) or (iii) of paragraph (b) of subdivision one
of section four hundred two of this article, such officer shall issue a
summons, provided, however, that a summons shall not be issued if, in
the discretion and at the request of such officer, the defect is
corrected in the presence of such officer. The refusal of a police
officer to permit the repair of any defect in their presence shall not
be reviewable, and shall not be a defense to any violation charged in a
summons issued pursuant to the provisions of this section.

3. Any complaint issued for any violation of subparagraph (ii), (ii-a)
or (iii) of paragraph (b) of subdivision one of section four hundred two
of this article may be dismissed by the court before which the summons
is returnable if the violation as set forth in the summons is corrected
not later than one-half hour after sunset on the first full business day
after the issuance of the summons and proof of such correction is
submitted to the court or administrative tribunal. For the purposes of
this subdivision, "business day" shall mean any calendar day except
Saturday and Sunday, or the following business holidays: New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

* NB Effective September 1, 2024