STATE OF NEW YORK

DEPARTMENT OF MOTOR VEHICLES

Pursuant to the authority contained in Secti ons 215(a), 301(a), 301(c), 301 (d), 301(f), 302(a), 302(e),

302(f), 304(b) and 304-a of the Vehicle and Traffic Law, the Commissioner of Motor Vehicles hereby amends

the Regulations of the Commissione r of Motor Vehicles as follows:

Subdivision (h) of section 79.1 is amended to read as follows:

(h) Official inspection station (fleet). Any person, association or corpor ation having more than 25 motor vehicles registered in its name wh ich has been issued a license by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles regi stered in its name or leased by it for a period greater than 30 days and motor vehicles owned by its employees; or any [muni cipality] state agency or political subdivision having more than five motor vehicles registered in its name whic h has been issued a license by the Commissioner of Motor

Vehicles to conduct inspections of mo tor vehicles registered in its name or leased by it for a period greater than 30 days[;] and motor vehicles regist ered in the name of any state agency or political subdivision. [certain vehicles of other municipalities as se t forth in section 79.15 of this Part.]

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Section 79.1 is amended by adding new subdivisions (n), (s), (z) and (aa) to read as follows:

(n) [ Reserved. ] NYTEST receiving station. A licensed official high enhanced emissions public inspection station that meets the requ irements set forth in section 79.16 of this Part and has elected to accept requests for safety/high enhanced emissions inspections (t ransient and idle tests) that have been referred by approved NYTEST sending station(s). A NYTEST receiving station is a voluntary pa rticipant in the NYTEST

shared network.

(s) [ Reserved. ] NYTEST sending station . A licensed official high enha nced emissions public inspection station that has applied to and has received approval from the Department of Motor Vehicles to refer requests for safety/high enhanced emissions inspections (transie nt and idle tests) to NY TEST receiving station(s). A NYTEST sending station is a voluntary par ticipant in the NYTEST shared network.

(z) Shared network agreement . A written contract or agreemen t between a NYTEST sending station and a NYTEST receiving station that estab lishes their contractual obligation to participate in the NYTEST shared

network.

(aa) NYTEST shared network . A voluntary program available to licensed official high enhanced emissions public inspection stations lo cated in the New York Metropolitan Area. The two types of participants in the program, NYTEST receiving stations and NYTEST sending sta tions, are subject to modified requirements in fulfilling their obligations to the NY TEST high enhanced emissions inspection program. The administration of the NYTEST shared network program is at the discretion of the Commissioner of Motor

Vehicles, to include, but not limited to: the approval of stations to particip ate in the program; the timeframe forapproval of any application to participate in the program ; and the number of stations permitted to participate in the program.

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Subdivision (a) of section 79.2 is amended to read as follows:

(a) All motor vehicles registered in this State must be inspected in acco rdance with the provisions of this Part unless expressly excluded by subdivis ion[s] (d) [and (e)] of this section.

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Paragraph (3) of subdivision (b) of sec tion 79.2 is amended to read as follows:

(3) Registered dealers do not have to inspect vehicl es classified on the certif icate of sale, MV-50, as "chassis", "FDD" (factory direct delivery), "O of S" (out of st ate), "junk[,]", “long term lessee” [lease buyout] (lease buyout) , ["] or "wholesale." Such indication should appear in the inspect ion block on the MV-50.

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Subdivision (g) of section 79.2 is amended to read as follows:

(g) A vehicle registered with [official] “OFFICIAL” plates or [State] “STATE” plates shall be subject to the same inspection it would be subject to if it were privately owned and registered.

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Paragraph (1) of subdivision (h) of sec tion 79.2 is amended to read as follows:

(1) emergency vehicles as define d by section 101 of the Vehicle a nd Traffic Law. These include: ambulances, police vehicles, correction vehicles, fire vehicles, civil defe nse emergency vehicles, emergency

ambulance service vehicles, blood delivery vehicles, county emergency medical services vehicles, environmental emergency response vehicles, sanitati on patrol vehicles, hazar dous materials emergency vehicles, and ordnance disposal vehicles of the armed forces of the United States;

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Paragraph (5) of subdivision (h) of sec tion 79.2 is amended to read as follows:

(5) special purpose commercial vehicles as set fo rth in Section 401(7)(F)(a) of the Vehicle and Traffic

Law. ( Note : Special purpose commercial vehicles are ex empt from the safety inspection.)[; and ]

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Subdivision (a) of section 79.8 is amended to read as follows:(a) An [applicant for a license for an] official insp ection station [obligates hi mself] licensee is obligated to inspect vehicles in accordance with these regulations . By issuing a certificat e of inspection, the licensee

certifies that:

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Paragraph (1) of subdivision (b) of sec tion 79.8 is amended to read as follows:

(1) to conduct, as promptly as possible, a thorough and efficient inspection of any vehicle, including a vehicle registered in another state, wh ich the station is qualified to inspect, and which is presented to the station for an official inspection. Such inspection must be performed in the manner pr escribed; provided however, a NYTEST sending station is not qualified to inspect vehicles that are subject to a safety/high enhanced emissions inspection (transient and idle test). All requests presented to a sending station for safety/high enhanced emissions inspections must be presented or referred to a NYTEST receiving station;

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Paragraph (4) of subdivision (b) of sec tion 79.8 is amended to read as follows:

(4) to make these regulations and proce dures available to all personnel that are certified to [make] perform inspections;

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Subdivision (c) of section 79.8 is amended to read as follows:

(c) The inspection station will make an appointment when [the] any vehicle that the station is qualified to inspect cannot be inspected in a convenient time span. In addition, upon request of a vehicle owner or operator, a NYTEST sending st ation shall set up an appointment for a safety/high enhanced emissions inspection (transient or idle test) with a network NYTEST recei ving station on behalf of the vehicle owner or

operator.

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Paragraph (1) of subdivision (c) of sec tion 79.8 is amended to read as follows:

(1) When the inspection station is unable to insp ect a vehicle within a time span convenient to the vehicle owner or operator, or, if a vehicle owner or operato r requests that a NYTEST sending station set up an appointment on the vehicle ow ner’s or operator’s behalf, the inspection station shall set up an appointment for performing the inspection. The appoi ntment shall be in writing and [on the inspection station's letterhead. The appointment notice] shall include:

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Subparagraphs (iv) and (v) of pa ragraph (1) of subdivisi on (c) of section 79.8 ar e amended to read as

follows:(iv) the name and address of the vehicle owner; [and]

(v) the signature of the inspection station licensee or [his] a designated employee[.]; and

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A new subparagraph (vi) is added to paragraph (1) of subdivision (c) of section 79.8 to read as follows:

(vi) the place that the vehicle is to be presented for the futu re inspection appoint ment, including the facility name, addre ss and telephone number.

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Paragraph (3) of subdivision (c) of sec tion 79.9 is amended to read as follows:

(3) The commissioner may waive the dimension sta ndards for a public inspec tion station [which] that was licensed prior to January 1, 1990, where there is an undue hardship or such waiver is in the public interest because of a lack of heavy vehicle in spection stations in an area. Howeve r, no waiver will permit a station to inspect a vehicle which ca nnot fit into its building.

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Subparagraphs (i), (ii) and (iii) of paragraph (1) of subdivision (d) of section 79.9 are amended to read as

follows:

(i) a one-hole paper punch[,] that produces a round hole, one-quarter [1/4 to 1⁄2] inch in diameter;

(ii) a tire tread depth gauge calibrated in [32nds] thirty-seconds of an inch; and

(iii) a tire pressure gauge cal ibrated in lbs./sq. in. per square inch (psi).

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Paragraph (2) of subdivision (d) of sec tion 79.9 is amended to read as follows:

(2) In addition to the equipment specified in paragr aph 1 of this subdivision, an official low enhanced emissions inspection station and an official high enhanced emissions inspection station must also have the appropriate computerized vehicle in spection system (CVIS), approved by the Department of Environmental Conservation and the Department of Motor Vehicl es, capable of performing OBD II and low enhanced emissions inspections . This equipment, which shall be known as the NYVIP CVIS, shall include but may not

be limited to:

(i) computer;

(ii) controlling software;(iii) communications link prescribed by DEC and DMV;

(iv) printer;

(v) a DEC and DMV approved OBD II scan tool with appropriate connectors and software;

(vi) bar code scanner; and

(vii) a dedicated phone line for transmission of all in spection data. An enhanced emissions station that

has more than one CVIS unit must maintain at least one phone line dedicated for use by the CVIS; this line may be shared by other CVIS units. No line(s) used by CVIS unit(s) may be shared by any other equipment.

This equipment shall be delivered an d installed in official low enhanced emissions inspection stations and official high enhanced em issions inspection stations as directed by the commissioner.

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Subparagraph (vi) of paragraph (3) of s ubdivision (d) of section 79.9 is repealed:

(vi) [ camera;] Reserved.

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Subparagraphs (i), (ii), (iii) and (iv) of paragraph (5) of subdivision (d) of section 79.9 are amended to

read as follows:

(i) a measuring device for brake adjustment, such as a steel scale or ruler or equivalent ;

(ii) a one-sixteenth inch feeler gauge or equivalent;

(iii) a brake drum gauge or equivalent, capable of measuring up to a twenty-four inch drum ; and

(iv) a rotor thickness gauge, such as a di sc brake micrometer with a rang e from one inch to two inches, or equivalent

.

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Paragraphs (6) and (7) of subdivision (d) of section 79.9 are amended to read as follows:

(6) Official emissions inspection stat ions must maintain their printers so that reports and other required documents print legibly and cl early. In addition, official high enhanced emissions inspection stations (excluding approved NYTEST sending stations) must maintain the sticker pr inter and replace the printer ribbon/ink cartridge on a regular basis so that stickers are legible for as long as the sticker is valid.(7) [For official high enhanced emissions inspec tion stations, the NYTEST camera and recording device

must be maintained in such a manne r that all dynamometer and idle in spections will be properly recorded, making it possible to identify the subject vehicle by make, model, color, a nd where possible, license plate. Failure to so maintain the video sy stem, or any act that would preven t the inspection from being properly

recorded, will be a violation of this section. Access to the recording device shall be limited to agents of the Department of Motor Vehicles and representatives of the analyzer's manufacturer. The Department of Motor Vehicles shall retain the right to vi ew and/or examine the video record, a nd to retrieve and/or exchange the recording media as necessary during any audit or invest igation of the inspection st ation. Such video record shall be part of the record of inspect ion at the inspection station.] Reserved.

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A new subdivision (e) is added to section 79.9 to read as follows:

(e) [ Reserved ] Waivers of equipment requirements

.

(1) Any licensed official high enhanced emissions public inspection station that makes application to and has received approval from the Department of Motor Vehicles to become a NYTEST sending station is exempted from the requirement to ma intain and operate the NYTEST CVIS.

(2) Any licensed official heavy vehi cle fleet inspection station is exempt ed from the requirement to have a brake drum gauge capable of measuring up to a twenty -four inch drum, if there are no vehicles in that particular fleet that are equipped with brake drums of that size. The station is required to have and maintain a brake drum gauge capable of measuring the largest brake dr ums found in that particular fleet of vehicles at any

time. If a vehicle is added to the fl eet that is equipped with larger brak e drums, the station must immediately acquire and maintain a brake drum gauge cap able of measuring th e larger brake drums.

(3) Any licensed official heavy vehi cle fleet inspection station is exempt ed from the requirement to have a rotor thickness gauge, if there are no vehicles in that particular fleet that are equipped with disc brakes.

However, if a vehicle is added to th e fleet that is equipped with disc brakes, the station must immediately acquire and maintain a rotor thickness gauge.

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Paragraphs (1), (2) and (3) of subdivision (f) of section 79.9 are amended to read as follows:

(1) [A person] Individuals will not be deemed to be [ a] certified motor vehicle [inspector] inspectors unless [he or she has] they have a currently valid certified motor vehicl e inspector's certif icate, issued in

accordance with section 79.17 of this Part.

(2) [A person who has] Individuals who have been issued a certified motor vehicle inspector's certificate may be employed at any official insp ection station for the purpos e of inspecting only those vehicles appropriate to the type of vehicle [he is] they are allowed to inspect as it appears upon [his] their certificate and appropriate to the type of vehicle allowed to be in spected by such official inspection station.(3) An automotive facilities inspector or any other ag ent appointed by the commissi oner is authorized to test certified motor vehicle inspector s for competency where reasonable grounds exist to believe that the inspector is incompetent in conducting inspections of vehicl es. If an inspector fails to pass such test, [he or she] such inspector will be deemed incompetent, and will not be permitted to conduct further inspections until a subsequent special written examination authorized by th e commissioner is passed. If the certified motor vehicle inspector fails the special written examination, the comm issioner shall revoke the in spector's certificate. The certified motor vehicle inspector's certificate may be reinstated when the inspect or certification training program is successfully completed and the wri tten examination of such program is passed.

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Subdivision (b) of section 79.15 is amended to read as follows:

(b) Trailer only dealer stations - Dealers registered under section 415 of the Vehicle and Traffic Law, engaged in the business of selling tra ilers may qualify for an official inspection station license [(public)] (dealer) restricted to the inspection of onl y this type of vehicle. Such a license may be issued without the necessity for enclosed space as required in 79.9(b) of this Part, except that office spac e must be available on the premises for the safekeeping of inspection records and othe r items required by this Part. Such a dealer would be restricted to the inspection of light duty trailers with a gross wei ght of 10,000 lbs. or under, as required by section 79.22 of this part. If the deal er wishes to inspect trailers with a gross weight of more than 10,000 lbs., the required enclosed space must be maintained and t hose trailers must be insp ected inside the premises.

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Paragraph (1) of subdivision (c) of sec tion 79.15 is amended to read as follows:

(c) Fleet Stations. (1) Any person, association or corporation, having registered in his or its name more than 25 motor vehicles, and any stat e agency or political subdivision [which qualifies for a license as an official inspection station (fleet), or municipality] having re gistered in its name more than five vehicles, [which qualifies] may qualify for a license as an offici al inspection station (fleet)[ ,]. A person, association or corporation licensed as an offi cial fleet inspection station may inspect only those motor vehicles registered in

his or its name, those leased fo r a period [of 30] greater than 30 days, and those motor vehicles owned by his or its employees. A state agency or political subdivision licen sed as an official fleet in spection station may inspect only those motor vehicles registered in its name, those l eased for a period greater th an 30 days, and those motor vehicles registered in the name of a ny state agency or political subdivision. Any fleet inspection station that is exempt from payment of fees for insp ection certificates under the provisions of subdivisi on (b) of section 305 of the Vehicle and Traffic Law may not inspect motor vehicles owned by its employees. An official inspection station (fleet or dealer) may only inspect those vehicles it is qualified to insp ect. In addition, a state agency or political subdivision licensed as an o fficial fleet inspection sta tion that offers to inspect motor vehicles that are registered to other state agencies or political subdivis ions is required to verify that the motor vehicles are registered to another state agen cy or political subdivision. A fleet inspection station may contract to provide inspection personnel at the fleet licens e facility, provided only certified inspectors perform inspections. The fleet inspection station will remain re sponsible for all inspections. For th e purposes of this Part, a political subdivision may include, but is not limited to: a county; a c ity; a village; a town; a school district; a fire district; a county extension service association; or a public improvement district. [In addition, a county, or any town or municipality within th e county, licensed as an official inspection st ation (fleet) may inspect vehicles owned byand registered in the name of another municipality or town located within the county. However, the State, a city, county, village, town, school dist rict, or any of the departments thereo f, which are exempt from payment of fees for inspection certificates , under the provisions of subdivision (a) of section 305 of the Vehicle and Traffic Law may not inspect motor vehi cles owned by its employees.]

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Paragraph (3) of subdivision (c) of sec tion 79.15 is amended to read as follows:

(3) A fleet inspection station licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection[, or ]. A person, association or corporation license d as an official fl eet inspection station may be exempted from this requirement if the station can demonstrate that it has [at least 25] more than 25 Group 1A vehicles in its fleet that are not subject to emissions inspecti on. A [municipal] state agency or political subdivision licensed as an official fleet inspection station may be exempt ed from this requirement if the

station can [must] demonstrate that it has more than 5 vehicles in its fleet that are not subject to emissions inspection. [exempt from emissions testing.] If a fleet inspection station is exempted from purchasing the CVIS, any vehicle in the fleet subject to emissions inspec tion must then be inspected at another facility licensed and equipped to perform the proper inspection.

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Paragraph (5) of subdivisi on (f) of section 79.15 is amended to read as follows:

(5) an official inspection station (fleet or dealer) is not required to maintain inspection rejection notices (form VS-1075), unless it inspect s employee vehicles or is a state agency or political subdivision licensed as an official fleet inspection station that offers inspecti ons to other state agencies or political subdivisions ;

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A new paragraph (6) is added to subdivisi on (h) of section 79.15 to read as follows:

(6) An education facility licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection, except th at a facility located in the NYMA may be exempted from the requirement to maintain the NYTEST CVIS equipment. Any educati on facility that does not maintain the NYTEST CVIS equipment will not be permitted to order high enhanced emissions inspection certif icates (form VS-1082E) and shall not be permitted to inspect vehicles that ar e subject to a high enhanced emissions inspection.

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A new section 79.16 is added to read as follows:

79.16 [Reserved] Special requirements for stations participating in the NYTEST shared network.

(a) NYTEST receiving station eligibility and operat ing requirements. A NY TEST receiving station is subject to all of the rules and regul ations governing licensed official high enhanced emissions public inspection stations. In addition, NYTEST receiving stations must comply with the following requirements:(1) have a valid official high enhanced emissions public inspection station license.

(2) maintain a valid service contract with a NYTEST vendor c overing each NYTEST CVIS that the NYTEST receiving station operate s. Such contract(s) must provide fo r the maintenance and repair of the NYTEST CVIS equipment for the duration of such contract(s).

(3) enter into shared network agreement(s) in th e manner prescribed in s ection 79.16(d) of this Part

.

(4) have the capability of perfor ming the projected number of inspections that would be reasonably anticipated, based upon the shared network agreement( s) entered into with a ll NYTEST sending stations.

(5) perform both the safety and emissions portion s of inspections for all vehicles subject to a safety/emissions inspection, including all vehicles refe rred or presented by a ne twork NYTEST sending station.

(6) perform reinspections (incl uding all vehicles referred or pres ented by a network NYTEST sending station) in accordance with section 79.24(h) of this Part.

(7) make charges for inspections (including all ve hicles referred or presented by a network NYTEST sending station) in accordance with sections 79.7(c), 79.8(b)(5), 79.20(c)(6) and 79.24(c)(3) and (4 ) of this Part.

(8) make charges for reinspections (including all vehicles referred or presented by a network NYTEST sending station) in accordance with sections 79.20(d)(1) and 79.24(h) of this Part. The vehicle owner or operator may be charged one inspection fee following the in itial presentation of the ve hicle for inspection, even if there were reinspection fees incurred by the NYTEST se nding station. The vehicle owner or operator may be charged one reinspection fee following each subsequent presentation of the vehicle for reinspection, even if there were multiple reinspection fees incurred by the NYTEST sending station.

(9) immediately notify each appr oved NYTEST sending station within yo ur network, in writing, of any event that prevents the NYTEST recei ving station from conducting high enhanced emissions inspections, such as, but not limited to: suspension or revocation of the inspection stati on license; going out of business; retirement; removal of receiving station designation; and certain license amendments that cause station incompatibility (including, but not limited to, cha nge of location, change of inspection groups, etc.).

(10) The NYTEST receiving station must provide the in spection receipt to the individual that presented the vehicle for inspection (the vehicle owner, registra nt, or operator, as appropr iate, or the NYTEST sending station representative). In addition, in the event the vehicle fails inspection, the NYTEST receiving station must provide the rejection notice to the individua l that presented the vehicle for inspection.

(11) In order to withdraw the designation as a NYTEST receiving station, the licensee must make such request, in writing, to the DMV application processing unit. The request must include the facility name, facility address, facility number, reason for the request and must be signed by an owner or officer of or a partner in the business. The withdrawal of the designation as a NY TEST receiving station will become effective when the station receives an approval letter from the Department of Motor Vehicles.(12) A NYTEST receiving station must ensure that customers are not inconvenienced and that they are not prevented from retrieving their vehi cle in a prompt and timely manner. It is not the res ponsibility of the Department of Motor Vehicles to resolve any disputes, financial or otherwise, betw een participating stations.

(b) NYTEST sending station eligib ility and operating requirements. A NYTEST sending station is subject to all of the rules and regul ations governing licensed official high enhanced emissions public inspection

stations. In addition, NYTEST se nding stations must comply w ith the following requirements:

(1) have a valid official high e nhanced emissions public inspection st ation license, and must have held the license for at least twelve (12) months prior to th e date of application. The department will not approve a shared network application if the NYTEST sending station app licant does not meet the requirements of this paragraph unless a waiver has been requested in writing and has been approved by the department. The approval of a waiver is at the sole discre tion of the Commissioner of Motor Vehicles.

(2) enter into shared network agreement(s) in th e manner prescribed in sec tion 79.16(d) of this Part.

(3) maintain at least one, up to a maximum of three, valid, “in force”, shared network agreements. The Department of Motor Vehicles will not consider a shar ed network agreement to be “in force” if any event occurs that prevents the NYTEST recei ving station from conducting high e nhanced emissions inspections, such as, but not limited to: suspension or revocation of the inspection stati on license; going out of business; retirement; removal of receiving station designation; and certain license amendments that cause station incompatibility (including, but not limited to, change of location, change of inspec tion groups, etc.). If a NYTEST sending station fails to maintain at least one “i n force” shared network agre ement, then all inspection activities (including safety inspections and NYVIP OBD II inspections) at the NYTES T sending station shall be prohibited. The NYTEST sending station will be permitted to resume inspection activities when an “in force” shared network agreem ent is established.

(4) submit a separate shared netw ork application to the DMV applica tion processing unit for each shared network agreement initiated, in the manner prescribed. The approval of any application to become a NYTEST sending station is at the sole discre tion of the Commissioner of Motor Vehicl es. The applicant must attach the following documents to the shared network application:

(i) a copy of the shared network agreement;

(ii) a copy of the valid NYTEST r eceiving station service contract(s);

(iii) a copy of the results of a co mputer search for direct ions, utilizing mapping software, that indicates the driving distance and the drivi ng time between the proposed NYTEST receiving station and the proposed NYTEST sending station, and, if applicab le, a request for a waiver from th e driving distance and driving time requirements.

(5) surrender all high enhanced em issions inspection certificates to the Department of Motor Vehicles within thirty (30) calendar days after the date of the a pproval letter. An appropriate credit will be issued and the station will not be permitted to order high enhanced emissions inspection certificates.(6) submit a separate application for each shar ed network agreement terminated in the manner prescribed.

(7) conduct only those types of inspections that the station is qualified to perf orm. After approval, a NYTEST sending station is not qualified to perform safety/high enhanced em issions inspections (transient and idle tests) and is not permitted to perform only the safety portion of a safety/high enhanced emissions inspection.

(8) make charges for inspections (including all vehicles presented to a network NYTEST receiving station) in accordance with sec tions 79.7(c), 79.8(b)(5), 79.20 (c)(6) and 79.24(c)(3) a nd (4) of this Part.

(9) make charges for reinspections (including all vehicles referred or presented by a network NYTEST sending station) in accordance with sections 79.20(d)(1) and 79.24(h) of this Part. The vehicle owner or operator may be charged one inspection fee following the in itial presentation of the ve hicle for inspection, even if there were reinspection fees incurred by the NYTEST se nding station. The vehicle owner or operator may be charged one reinspection fee following each subsequent presentation of the vehicle for reinspection, even if there were multiple reinspection fees incurred by the NYTEST sending station.

(10) refer all customer requests fo r safety/high enhanced emissions insp ections (transient and idle tests) to a NYTEST receiving station in the manner pr escribed in section 79.16(c) of this Part.

(11) In order to withdraw the designation as a NYTEST sending station, the licensee must make such request, in writing, to the DMV application processing unit. The request must include the facility name, facility address, facility number, reason for the request and must be signed by an owner or officer of or a partner in the

business. In addition, the licensee mu st submit a completed shared network application in or der to drop each NYTEST receiving station in the NYTEST sending station’s network. The w ithdrawal of the designation as a NYTEST sending station will become effective after the station demonstrates that the NYTEST CVIS equipment is fully functional and operational.

(c) NYTEST sending station referral procedures. A NYTEST sending station must comply with the following requirements:

(1) If a vehicle owner or operator presents a ve hicle to a NYTEST sending st ation for a safety/high enhanced emissions inspection (transie nt or idle test) and an inspection appointment has not been previously made, the NYTEST sending station shall comply with any one of the following options. However, if a vehicle owner or operator requests that a NYTEST sending st ation set up an appointment on the vehicle owner’s or operator’s behalf, the station must choose an option set fo rth in subparagraph (ii) or (iii) of this paragraph:

(i) notify the vehicle owner or opera tor of the facility name, facility address, and telephone number of a network NYTEST receiving station and advi se the vehicle owner or operator of the two options, that is: present the vehicle to the NYTEST receiving st ation for an inspection; or, contact the NYTEST receiving station for an appointment for an inspection.

(ii) make an appointment for a safety/high enhanc ed emissions inspection (tra nsient or idle test) on behalf of the vehicle owner or opera tor with a network NYTEST receiving st ation and direct the vehicle owner or operator to present the vehicle to the NYTEST receiving station at th e time of such appointment. Theappointment information must be given to the vehicle owner or operator in writing, and must be in accordance with section 79.8(c) of this Part.

(iii) with the vehicle owner’s or operator’s consen t, make an appointment for a safety/high enhanced emissions inspection (transient or id le test) on behalf of the vehicle ow ner or operator with a network NYTEST receiving station and direct the vehicl e owner or operator to return the vehicle to the NYTEST sending station prior to the time of such appointment . Then, with the vehicle owner’s or operator’s consent, complete a work order and accept responsibility for obtaining a safety/high enhanced emissi ons inspection (transient or idle test) and present the vehicle to the network NYTEST receiving st ation on behalf of the vehicle owner or operator at the time of such appointment. The appointment informa tion must be given to the vehicle owner or operator in writing and must be in accordance w ith section 79.8(c) of this Part.

(iv) with the vehicle owner’s or operator’s consen t, complete a work order and accept responsibility for obtaining a safety/high enhanced emissi ons inspection (transient or idle te st) within a time span that is convenient to the customer and present the vehicle to a network NYTEST receiving station on behalf of the vehicle owner or operator.

(2) If a vehicle owner or operator presents a ve hicle to a NYTEST sending st ation for a safety/high enhanced emissions inspection (transient or idle test) and an inspection a ppointment has been previously made, the NYTEST sending station must, with the vehicle owner’s or operator’s consent, complete a work order and accept responsibility for obtaining a safety/high enhanced emissions inspection (trans ient or idle test) and present the vehicle to the network NY TEST receiving station on behalf of the vehicle owner or operator at the appointment date and time.

(3) If a NYTEST sending station acc epts responsibility for presenting a vehicle to a NYTEST receiving station for an inspection or a re inspection, the NYTEST sending station must comply with the following requirements:

(i) The inspection or reinspection fee(s) char ged by the NYTEST receiving station to the NYTEST sending station are the responsibil ity of the NYTEST sending station.

(ii) The inspection or reinspection fee(s) charge d by the NYTEST sending station to the vehicle owner or operator must be computed as if the NYTEST sending station had perf ormed the inspection or reinspection

itself.

(iii) If an owner or operator presents a vehicle to a NYTEST se nding station for a reinspection, an authorized representative of the NYTEST sending stati on shall ask the motorist to provide any rejection notice(s) issued within the past thir ty (30) days, and provide such notice( s) to the NYTEST receiving station. If the NYTEST sending station fails to re quest this information, any fee(s) for the portion(s) of the inspection performed by the NYTEST receiving station that were not authorized by the NYTEST CVIS shall then be the responsibility of the NYTEST sending station.

(iv) In the event a high enhanced emissions insp ection waiver is offered, the NYTEST sending station must sign the waiver form on behalf of the vehicle owne r or operator, and notify the vehicle owner or operator, in writing, that a waiver was issued.(v) The NYTEST sending station must disclose to th e motorist, in writing, the location of the NYTEST receiving station that performed the inspection or reinspection.

(vi) The NYTEST sending station must provide to the vehicle owner, registrant, or operator, as appropriate, any inspection rece ipt and rejection notice issued by the NYTEST receiving station.

(vii) A NYTEST sending station must ensure that cu stomers are not inconvenienced and that they are not prevented from retrieving their vehi cle in a prompt and timely manner. It is not the res ponsibility of the Department of Motor Vehicles to resolve any disputes, financial or otherwise, betw een participating stations.

(d) Requirements for shared network agreements. All shared network agreements must meet the following requirements:

(1) must be a written contract or agreement.

(2) must be legible.

(3) must be in English.

(4) must be signed by an authorized representative (a n owner or officer of or a partner in the respective businesses) of the NYTEST sending stat ion and the NYTEST receiving station.

(5) must contain provisions for the NYTEST receivi ng station to inspect all vehicles referred or presented by the NYTEST sending station and must sti pulate the period of time th at the NYTEST receiving station is obligated to perform this service.

(6) may contain provisions that the NYTEST sending station provides payment to the NYTEST receiving station.

(7) A shared network agreement should contain a clau se that makes the effective date of the agreement contingent upon DMV approval of the applicati on to establish the NYTEST Sending Station/NYTEST Receiving Station relationship.

(8) The parties to a shared network agreement must be within five (5) driving miles and fifteen (15) driving minutes from each other. The department will not approve those shared network agreements that do not meet this requirement, unless a waiver has been requested and approved. The approval of all waivers is at the

sole discretion of the Commissioner of Motor Vehicles.

(9) If a NYTEST sending station is licensed to inspect vehicles in gr oup 1a of section 79.7(c)(1) of this Part, then the NYTEST receiving station must also be lic ensed to inspect vehicles in group 1a. If a NYTEST sending station is licensed to inspect vehicles in group 2a of section 79.7(c )(1) of this Part , then the NYTEST receiving station must also be licen sed to inspect vehicles in group 2a.

(e) Miscellaneous Provisions.(1) In order to systematically reduce the number of NYTEST equipped inspection stations and to ensure the overall viability of the NYTEST high enhanced emi ssions inspection program, the Commissioner of Motor Vehicles reserves the right to determine the rate of reduction of the number of NYTEST equipped stations in any given geographical area, the mi nimum number of NYTEST equipped stations in any given geographical

area and the official start date of the shared network concept program.

(2) The status of an official high enhanced em issions public inspection st ation as either a NYTEST receiving station or NYTEST sending stat ion is a matter of public record.

(e) Violations. Any violation of the provisions of this section are s ubject to the same penalties as any violation of the provisions of this regulation, as set forth in section 79.14 of this Part.

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Paragraphs (1), (5) and (6) of subdivision (b) of section 79.17 are amende d to read as follows:

(1) When directed by [their] one’s employer, to conduct in a competent manner, as promptly as possible, a thorough and efficient inspection of mo tor vehicles, including a motor vehi cle registered in another State, appropriate to the type of motor vehicle [he] one may be allowed to inspect as it appears upon [his] one’s certificate and which the official inspec tion station is allowed to inspect, a nd which is presented to the station for a statutory periodic inspection; an d be able to make minor repairs to correct items which cannot be approved upon initial inspection. Such inspection must be perf ormed in the manner prescribed by the commissioner.

(5) A person who has been issued, by the commi ssioner, a motor vehicle in spector's certificate (form VS-26) must present [their] the certificate to [their] one’s current employer and to any other subsequent employer, who shall immediately reco rd the certificate number on the appropr iate forms or in the CVIS as prescribed by the commissioner.

(6) During [their] one’s hours of employment at the official in spection station, the inspector must have [in his or her] possession [his or her] of one’s own motor vehicle inspector's certif icate (form VS-26) and must present on demand such certificate to an automotive facili ties inspector or any othe r agents appointed by the

commissioner.

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Paragraphs (1) and (2) of subdivision (c) of section 79.17 are amended to read as follows:

(1) In no event shall any of the aforementioned dutie s of certified motor vehicle inspectors, employed at an official inspection station, relieve the licensee of an official inspection station of [their responsibilities] the responsibility for all inspection act ivities conducted at the inspection station as stated in section 79.8(b) of this

Part.

(2) A certified motor vehicle inspector shall not permit [ his or her] one’s certificate to be used by any other person and shall not leave [their] one’s [card] certificate unattended. A certified motor vehicle inspector shall not use any other inspector's cer tificate, and shall not allow one’s certificate to be used by any other

person . Such certificate shall not be a ltered or reproduced. The Department of Motor Vehicles may issue atemporary certificate after application to replace a defective or lost certificate. A te mporary certificate is equivalent to a permanent certificate (form VS-26) and must be safeguarded in the same manner. A certified inspector must not allow one’s tempor ary certificate to be used by any other person and a certified inspector must not use any other inspector’s te mporary certificate. Upon receipt of a permanent certificate, the temporary certificate must be destroyed.

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Subdivisions (d) and (e) of section 79.17 are amended to read as follows:

(d) In order to perform high enhanced dynamometer or idle emissions inspections in an official high enhanced emissions inspection stati on, a person must be certified in high enhanced exhaust emissions inspection in addition to the requiremen ts set forth in [paragraph] subdivision (a) of this section. Certification for high enhanced emissions inspection shall be gr anted upon completion of an approved high enhanced

emissions course.

(e) In order to perform OBD II inspections in an official high or low enha nced emissions inspection station, using the NYVIP CVIS, an inspector must also successfully pass the com puter-based exam on the CVIS, in addition to the requirements set forth in [paragraph] subdivision (a) of this section.

* * * * * * * *

Paragraph (6) of subdivision (a) of sec tion 79.20 is amended to read as follows:

(6) results of the inspection (pass, fail), including any required adviso ry notifications to the motorist such as the air bag warning light malfunction advisory (see section 79.21(k) of this Part) or the tire pressure outof-range advisory (see sections 79.21(c ), 79.27(a) and 79.28(f) of this Part) ; and

* * * * * * * *

Subparagraph (ii) of paragraph (2 ) of subdivision (a) of section 79.24 is amended to read as follows:

(ii) Only an Official High E nhanced Emissions Inspection Station other than a NYTEST Sending Station may perform High Enhanced Emissions Insp ections (Dynamometer or Idle Tests).

* * * * * * * *

Paragraph (3) of subdivision (c) of sec tion 79.24 is amended to read as follows:

(3) If a vehicle fails the Pre-Emissions Inspection Sa fety Check, it shall not be inspected. This refusal shall not constitute an inspection, no in spection fee shall be charged, and the station should instruct the motorist

[that he/she must] to return the vehicle in a repaired condition in order for the vehicle to be inspected.

* * * * * * * *

Subdivisions (b) and (d) of section 79.25 are amended to read as follows:(b) If all of the above conditions are met, the CVIS will allow the inspector to issue an inspection

certificate for the vehicle. If i ssuing a “Safety/Emissions” sticker VS -1082SE, check the “Repair Waiver Issued” box on the reverse side of the form and punc h the appropriate expiration month. The NYTEST or NYVIP CVIS will print a waiver certific ation form that must be filled ou t by the station, a nd signed by both the customer and the certified inspector. The station must attach the fo llowing documentation to the waiver certification form: copies of invoices and receipts for all of the diagnos tic and repair work performed and used to qualify for the waiver; copies of all vehicle inspec tion receipts and/or inspecti on rejection notices for the initial emissions inspection failure and all subsequent emissions inspection failures. This [ form and all repair] documentation must be kept by the station for two years for possible review by NYS.

(d) Official Inspection Stations Fleet (see section 79.15) may only a pply the cost of parts towards a waiver; no labor may be applied. All diagnosis and repa irs must be documented, as described in [paragraph]

subdivision (c) of this section.