Motor Vehicle Inspections
NY-ADR
1/23/08 N.Y. St. Reg. MTV-47-07-00002-A
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 4
January 23, 2008
RULE MAKING ACTIVITIES
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF ADOPTION
I.D No. MTV-47-07-00002-A
Filing No. 20
Filing Date. Jan. 08, 2008
Effective Date. Jan. 23, 2008
Motor Vehicle Inspections
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 79 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 301(a), (c), (d), (f), 302(a), (e), (f), 304(b) and 304-a
Subject:
Motor vehicle inspections.
Purpose:
To clarify safety and emission inspection procedures.
Substance of final rule:
This regulation clarifies the procedures related to emissions and safety inspections. The highlights are as follows:
Provides that upon the casual sale of a motor vehicle, an inspection sticker issued prior to the date of the sale shall be deemed invalid.
Provides that the MGW of a vehicle shall be the weight used for a safety inspection.
Requires an inspection station to surrender all certifications when closing a business or when suspended or revoked.
Inspection stations must keep all reports, in chronological order, for two years.
If a station inspects motorcycles, the official motorcycle sign must be displayed.
Provides for the proper placement of signs for motor vehicle inspection stations.
Allows municipalities to inspect motor vehicles owned by other municipalities.
Provides that a person applying for an inspector's license may be required to pass a skills test.
Clarifies that the inspection sticker is placed to the left of the registration sticker.
Clarifies and simplifies the provisions related to emissions inspection without making substantive revisions.
The following non-substantive changes were made to:
79.24(i)(4) — 4. The EGR valve is removed. The vacuum hoses are disconnected or removed. Any visible electrical connector the to EGR, or any visible component of the EGR system, is disconnected or removed.
The words “the to” were changed to “to the” in the third sentence of Part 79.24(i)(4).
79.25(b) — (b) If all of the above conditions are met, the [emissions analyzer system] CVIS will allow the inspector to issue an inspection certificate for the vehicle. If issuing a “Safety/Emissions” sticker VS-1082SE, check the “Repair Waiver Issued” box on the reverse side of the and punch the appropriate expiration month. The NYTEST or NYVIP CVIS will print a waiver certification form that must be filled out by the station, and signed by both the customer and the certified inspector. This form and all repair documentation must be kept by the station for two years for possible review by NYS.
The word “sticker” was added to the second sentence so that such sentence will read as follows:
If issuing a “Safety/Emissions” sticker VS-1082SE, check the “Repair Waiver Issued” box on the reverse side of the sticker and punch the appropriate expiration month.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 79.24(i)(4) and 79.25(b).
Text of rule and any required statements and analyses may be obtained from:
Carrie L. Stone, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: [email protected]
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, and Job Impact Statement
The Department is not submitting a revised statement for the RIS, JIS, RFA and RAFA because no substantial revisions were made.
Assessment of Public Comment
The agency received no public comment.
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