STATE OF NEW YORK ________________________________________________________________________ 1542--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivisions (a) and (b) of section 306 of the vehicle and 2 traffic law, as amended by chapter 608 of the laws of 1993, are amended 3 and a new subdivision (g) is added to read as follows: 4 (a) The commissioner shall suspend or prohibit the renewal of the 5 registration of any motor vehicle for which a certificate or certif- 6 icates of inspection has or have not been obtained as required by this 7 article, or the regulations promulgated thereunder, or which is not 8 repaired within the period designated under subdivision (b) of section 9 three hundred four of this article [(b)]; provided however, the commis- 10 sioner shall waive the requirement for any repairs to an emissions 11 system beyond the expenditure amount permitted by federal law and regu- 12 lations once the amount has been expended, and provided further that the 13 commissioner shall provide for suitable notice of an impending 14 inspection expiration in accordance with subdivision (g) of this 15 section. The commissioner shall provide for an appeal from a determi- 16 nation related to a request that the repair requirement be waived. No 17 such notice or waiver shall apply to classes of vehicles for which such 18 waiver would be prohibited pursuant to a final decree of a federal 19 court. 20 (b) No motor vehicle shall be operated or parked on the public high- 21 ways of this state unless a certificate or certificates of inspection, 22 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 1 affixed to the registration certificate for the vehicle as may be deter- 2 mined by the commissioner. The commissioner may, by regulation, provide 3 for a temporary indicia of inspection to be placed on a motor vehicle 4 which shall be valid as a certificate of inspection for a period not to 5 exceed fifteen days upon the loss, theft, mutilation or destruction of a 6 certificate of inspection. Any violation of this section that occurs 7 while a motor vehicle is parked on the public highways of this state 8 shall constitute a parking violation. Every agreement for the lease or 9 rental of a motor vehicle for a period of not more than thirty days 10 shall be deemed to provide that the lessor of such vehicle shall, in all 11 respects, be substituted for the lessee or any person operating the 12 vehicle in conformity with the lease or rental agreement in connection 13 with any charge of violating this section, provided that any summons 14 issued to the operator for violation of this section is turned over to 15 the lessor. A violation of this subdivision shall be punishable by a 16 fine of not less than fifty nor more than one hundred dollars for a 17 first offense, and by a fine of not less than fifty nor more than two 18 hundred dollars or by imprisonment for not more than fifteen days, or by 19 both such fine and imprisonment, for each subsequent offense; provided 20 however, that if the vehicle bears a certificate or certificates of 21 inspection which was or were valid within the past five days it shall be 22 an affirmative defense to such violation and no violation shall have 23 occurred; provided, further that if the vehicle bears a certificate or 24 certificates of inspection which was or were valid within [the last] no 25 fewer than six days and no more than sixty days, such violation shall be 26 punishable by a fine of not less than twenty-five nor more than fifty 27 dollars. 28 (g) (1) The commissioner shall notify every owner of a motor vehicle 29 registered in this state that their vehicle inspection is subject to 30 expiration thirty days before such expiration. Such notice may be 31 provided electronically to an owner of a motor vehicle who has affirma- 32 tively consented or requested to be contacted by electronic means of 33 communication in a form prescribed by the commissioner, or upon determi- 34 nation that sufficient appropriations are available, by mailing of such 35 notice to the address of an owner of a motor vehicle who has not affir- 36 matively consented to communication by electronic means. 37 (2) The renewal notification shall include without limitation the 38 following details: (i) a brief description of the motor vehicle that has 39 an inspection that needs to be renewed, including the vehicle owner's 40 name and residence, together with the plate designation and the plate 41 type as shown by the registration plates of such vehicle and the expira- 42 tion date; the make or model, and body type of such vehicle; the name 43 and factory number of such vehicle, and such other facts as the commis- 44 sioner shall require; 45 (ii) notification that such inspection shall expire at the end of the 46 current month; and 47 (iii) such additional facts or evidence as the commissioner may 48 require in connection with the form of the notification. 49 (3) The commissioner shall register the notifications sent regarding 50 such motor vehicles and shall maintain a record of such notifications 51 and the addresses to which such notifications were sent. The production 52 of a copy of a notice issued by the department, together with an elec- 53 tronically-generated record of entry of such notice upon the appropriate 54 owner's registration file of the department and an affidavit by an 55 employee designated by the commissioner as having responsibility for the 56 issuance of such notice issued by the department setting forth the
A. 1542--A 3 1 procedure for the issuance and the mailing of such notice at the address 2 of such person on file with the department, including electronic address 3 or telephone number for owners who have affirmatively consented to 4 communication by electronic means, shall be presumptive evidence that 5 such notice of inspection expiration was produced and mailed in accord- 6 ance with such procedures. 7 (4) The commissioner may promulgate such regulations and procedures as 8 shall be necessary to effectuate the provisions of this subdivision. 9 § 2. This act shall take effect on the first of April next succeeding 10 the date on which it shall have become a law. Effective immediately, the 11 addition, amendment and/or repeal of any rule or regulation necessary 12 for the implementation of this act on its effective date are authorized 13 to be made and completed on or before such effective date.