(a) Inspections
will be made only by official inspection stations currently licensed by the
commissioner. Certificates of inspection and inspection rejection notices will
be issued only by official inspection stations currently licensed by the
commissioner. Before issuing licenses to such stations, the commissioner, after
appropriate inquiry and investigation, must be satisfied that the station is
properly equipped and has in its employ at least one full-time employee who is
an appropriately certified motor vehicle inspector to conduct the type of
inspections for which the station is licensed. Before being issued a license to
inspect vehicles for the public, a station must be registered with the
commissioner as a repair shop.
(b)
Each application for a new license to operate an official inspection station
must be made on a form prescribed by the commissioner and must be accompanied
by an application fee of $25, which is not refundable. If the application is
approved, a license will be issued upon payment of an additional fee of $5 for
each month or fraction thereof from the date of issuance to its expiration
date, but in no event shall the fee for one year exceed $50 or $100 for two
years. In the event that an applicant desires to establish inspection
facilities at locations which the commissioner considers as separate and
different locations, a separate application must be made and a separate fee
paid for each location.
(c)
Inspection fees.
(1) An
inspection station may charge a fee which may not exceed, but may be less than,
the fee set by the following schedule:
VEHICLE GROUPS |
INSPECTION FEES |
Maximum gross weight (MGW) is the weight of the
vehicle, as indicated on the vehicle registration certificate. Seating capacity
is the number of passengers that may be transported in the vehicle, as
indicated on the vehicle registration certificate. The MGW and the seating
capacity are used to determine the applicable motor vehicle safety inspection.
If a motor vehicle that is not registered in this State is presented for
inspection, it must be inspected as if it were or as it will be registered in
this State. |
GROUP 1 |
(a) (1) Safety inspection of all motor vehicles that
have a seating capacity, as indicated on the vehicle registration certificate,
under 15 passengers, and all motor vehicles, except trailers and motorcycles,
that have a MGW, as indicated on the vehicle registration certificate, under
10,001 pounds. |
$10 |
(2) Safety inspection of all motor vehicles, except
trailers and motorcycles, that have a MGW, as indicated on the vehicle
registration certificate, over 10,000 pounds and under 18,001 pounds, except
when the registrant requests a heavy vehicle inspection. |
$15 |
(b) Safety inspection of all trailers, except
semi-trailers, that have a MGW, as indicated on the vehicle registration
certificate, under 18,001 pounds, except those trailers that have a MGW, as
indicated on the vehicle registration certificate, over 10,000 pounds and under
18,001 pounds, when the registrant requests a heavy vehicle inspection. |
$ 6 |
GROUP 2 |
(a) (1) Safety inspection of all motor vehicles that
have a seating capacity, as indicated on the vehicle registration certificate,
over 14 passengers, all motor vehicles, except trailers, that have a MGW, as
indicated on the vehicle registration certificate, over 18,000 pounds, those
motor vehicles, except trailers, that have a MGW, as indicated on the vehicle
registration certificate, over 10,000 pounds and under 18,001 pounds, when the
registrant requests a heavy vehicle inspection. |
$20 |
(2) All trailers that have a MGW, as indicated on the
vehicle registration certificate, over 18,000 pounds, and those trailers that
have a MGW, as indicated on the vehicle registration certificate, over 10,000
pounds and under 18,001 pounds, when the registrant requests a heavy vehicle
inspection. |
$12 |
(b) All semi-trailers. |
$12 |
GROUP 3 |
Motorcycles |
$ 6 |
Emissions inspection fees (includes low enhanced, OBD
II and diesel) |
OBD II Emissions Inspection (performed at an
inspection station located within the NYMA) |
$27 |
OBD II Emissions Inspection (performed at an
inspection station located outside the NYMA) |
$11 |
Low enhanced emissions inspection |
$11 |
Diesel emissions inspection (smoke opacity test) |
$25 |
(2) -(3)
[Reserved]
(4)
Inspection fees are not subject to State and local sales tax. All fees listed
include the cost of the inspection certificate.
(5) If a licensed inspection station desires
to inspect vehicles in groups other than those for which they are licensed,
such station must first notify the commissioner who may approve such change
after appropriate inquiry and investigation to determine that the station
possesses qualified personnel, proper equipment and sufficient building
area.
(6) If a vehicle fails a
safety and/or emissions inspection, and is not removed from the station for
repair, there shall be no charge for reinspection of the vehicle. A test drive
by station personnel for the purposes of diagnosis or verification of repair
does not constitute removal from the station.
(7) An official emissions inspection station
must perform both the safety and low enhanced emission or OBD II emission
portions of an inspection on all vehicles subject to emissions inspection
presented to them (except for reinspections).
(i) Vehicles that are subject to the OBD II
inspection may receive the safety and OBD II inspection at an official
emissions inspection station located outside of the NYMA and do not need a
temporary certificate of emissions waiver (form VS-1078). All diesel-powered
vehicles subject to diesel emissions inspection (smoke opacity test) with
"DEMA" printed on the registration document may receive the safety and diesel
emissions inspection at a diesel emissions inspection station located outside
of the NYMA (provided the station is licensed to perform the appropriate safety
inspection) and do not need a temporary certificate of emissions waiver (form
VS-1078). All diesel-powered vehicles subject to diesel emissions inspection
(smoke opacity test) with "DEMA" printed on the registration document may
receive the safety inspection at an inspection station that is other than a
diesel emissions inspection station and geographically located outside of the
NYMA (provided the station is licensed to perform the appropriate safety
inspection), if a temporary certificate of emissions waiver (form VS-1078) is
presented to the station.
(8) An official inspection station outside
the NYMA, which is not an official diesel inspection station, may only inspect
a vehicle subject to the diesel emissions inspection if the operator of the
vehicle presents a valid temporary certificate of emissions waiver (form
VS-1078).
(d) Official
inspection station licenses are not transferable. Where a change occurs in the
ownership of a station, except as set forth in subdivision (e) of this section,
a new application accompanied by the prescribed fee must be made by the new
owner. A change of location, without a change in ownership, where the
commissioner considers such a change as being to a separate, new and different
location, requires an amendment setting forth the new location. This amendment
must be submitted at least 30 days prior to the facility changing location. The
commissioner may waive the 30-day requirement in the case of extreme
emergencies, such as natural disasters or eviction, and may in such cases issue
a temporary permit to operate an official inspection station at the new
location, pending final review of the amendment application. If the department
has not conducted an on-site investigation of the proposed new location within
30 days of receipt of the amendment application, a temporary permit to operate
at that new location may be granted until the investigation takes place. A
temporary permit issued pursuant to this subdivision shall remain in effect for
no longer than 60 days. The commissioner must be notified in writing of a
change of name without a change of ownership or locations and in such event no
fee is required.
(e) The
commissioner must be notified immediately in writing if there is a change in
the members of a partnership. A license in the names of two or more persons as
partners or otherwise shall not expire on change of ownership, as long as one
person named as a partner remains the owner or part owner. This policy applies
where two or more partners increase the number of partners, but does not apply
where an individual forms a partnership nor where a corporation is involved.
Corporations must notify the commissioner immediately, in writing, of any
corporation officer changes.
(f)
Approval of applications for inspection station license.
The commissioner reserves the right to determine the
maximum number of public official emissions inspection stations that may be
located in any county. The factors used to make this determination include: the
total number of motor vehicles that are registered in any given county of the
State; the total number of public official emissions inspection stations that
are located in any given county of the State; motorist waiting times for
inspections; and any other factors that the commissioner finds are materially
and substantially related to making such determination. Such determination
shall be re-assessed on an annual basis. If the maximum number of public
official emissions inspection stations is reached in any county, the
commissioner may refuse to approve an application for an original public
official emissions inspection station license and may refuse to approve an
application for an amendment for a public official emissions inspection station
change of location, and shall place any such application on a waiting list. Any
application fees or inspection station license fees for applications that are
not approved pursuant this subdivision shall be returned to the applicant. If
the number of public official emissions inspection stations falls below the
maximum in any county, an application for an original public official emissions
inspection station license or an application for an amendment for a change of
location that has been on the waiting list for the greatest length of time
shall be reviewed by commissioner. The department shall post on its public
website a summary of its findings regarding the number of public inspection
stations that shall be permitted in each county. Notwithstanding the provisions
of this subdivision, the commissioner shall accept an application for review
if:
(1) the application is for the
renewal of a public official emissions inspection station license; or
(2) a registered new motor vehicle dealer, as
defined in Vehicle and Traffic Law section 415(1)(f), or a new motor vehicle
dealer applicant, submits an application for an original public official
emissions inspection station license or an amendment application for a change
of location for one public official emissions inspection station license that
is owned by and/or operated in conjunction with such dealer; or
(3) an original application for a public
official emissions inspection station license is received from a person who
purchased a facility from another person, and such facility had a public
official emissions inspection station license in good standing at the time of
sale. For the purposes of this paragraph, in good standing
means that, at the time of the sale: the facility's license is not suspended or
revoked; the facility does not owe any outstanding civil penalties; the
facility has no hearings or appeals pending before the department; and the
facility has no litigation pending in which the department is a named party;
or
(4) a licensee submits an
amendment application for a change of location, and the change of location is
within the same county, or within five miles of the current location. This
paragraph shall not apply to licensees covered by paragraph (2) of this
subdivision; or
(5) the
commissioner determines that there is a need for an inspection station in a
specific geographic region within a county due to consumer factors, including
but not limited to, distance and travel time between stations. If an
application is approved pursuant to this paragraph, no subsequent application
for change of location that is greater than five miles from the original
location will be accepted for a period of five years.
(g) A fleet or dealer inspection license will
not be issued or renewed for a facility owner who already possesses a public
inspection license at that location. A holder of a fleet or dealer license who
wishes to obtain a public inspection license must surrender the fleet or dealer
inspection license upon issuance of the public inspection license.
(h) In order to perform emissions
inspections, a station must be licensed as an official emissions inspection
station and be staffed and equipped to conduct safety and emissions inspections
pursuant to these regulations. This subdivision does not apply to official
inspection stations restricted to the inspection of trailers, motorcycles, or
any vehicles exempt from the emission inspection requirement.
(i) In order to perform diesel emissions
inspections, a station must be licensed as an official diesel emissions
inspection station and be staffed and equipped to conduct safety and diesel
exhaust inspection pursuant to these regulations. This subdivision does not
apply to official inspection stations restricted to the inspection of trailers,
motorcycles, or any vehicles exempt from the emission inspection
requirement.
(j) A new motor
vehicle dealer who is applying for a provisional dealer registration may
concurrently apply for an official inspection station provisional license
(hereinafter referred to as provisional license). The application for a
provisional license shall be filed in such form and detail as the commissioner
shall prescribe, and shall be filed concurrently with the original application
for an official inspection station license and new motor vehicle dealer and
repair shop registration. If an application for a provisional license is
denied, the applicant shall not be entitled to an appeal or hearing regarding
the denial.
(1) The holder of a provisional
license shall be granted the same rights and privileges as are granted to the
holder of an official inspection station license, except that the commissioner
may suspend a provisional license for the same reasons that an official
inspection station license is subject to suspension for a violation or
violations of this Part or of sections 303 or 306 of the Vehicle and Traffic
Law. If the provisional license is suspended pursuant to the provisions of this
paragraph, the commissioner shall provide the provisional licensee with actual
notice of the suspension at least seven calendar days prior to the effective
date. The holder of the provisional license shall not be entitled to an appeal
or hearing if such provisional license is suspended. The holder of a
provisional license shall be subject to the same rules and regulations that
apply to the holder of an official inspection station license, except if such
rules and regulations are inconsistent with the provisions of this
subdivision.
(2) The holder of a
provisional license who has purchased or acquired, or who plans to purchase or
acquire, the place of business from a registered new motor vehicle dealer:
(i) shall not conduct inspections in the name
of the selling or transferring new motor vehicle dealer;
(ii) shall not use any unused certificate of
inspection that had been issued to the selling or transferring registered new
motor vehicle dealer by the department;
(iii) shall display the provisional license
in a conspicuous manner.
(3) If a new motor vehicle dealer with a
provisional license purchases or acquires a place of business from a registered
new motor vehicle dealer, then within 30 business days of the issuance of the
provisional license, the dealer must ensure that the official inspection
station license and all unused certificates of inspection that had been issued
to the selling or transferring inspection station are surrendered to the
department or are accounted for.
(4) If the commissioner has suspended a
provisional license, or if a provisional license has expired, and the dealer
that held such provisional license has not obtained a valid official inspection
station license, then all official inspection station operations at that
location shall immediately cease, and the dealer shall surrender the
provisional license, and all unused certificates of inspection to the
department.
(5) The holder of a
provisional license must meet all of the remaining requirements for the
issuance of an official inspection station license within 30 days of the
issuance of the provisional license.
(6) The provisional license shall expire 60
days from the date of issuance of such license or when the department completes
its investigation related to the application for an inspection station license,
whichever is later.
(7) The holder
of a provisional license must notify the department immediately if the opening
of the dealership is cancelled and such holder must return all supplies within
10 days.