NY Veh & Traf L § 376-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions Article 9 - Equipment of Motor Vehicles and Motorcycles 376-A - Defective Equipment.

§ 376-a. Defective  equipment. 1. If any vehicle is driven or operated on a public highway in violation  of  any  provision  of  section  three hundred   seventy-five,  three  hundred  seventy-six  or  three  hundred eighty-one of this article relating to required equipment or its  proper repair  and  adjustment,  other  than  a  provision  relating to service brakes, any police officer shall be authorized to take  such  action  as may be required or permitted by the provisions of this section.   2.  If  the  vehicle  is  being operated or driven in violation of the provisions of this chapter relating to  the  use  or  proper  repair  or adjustment  of  headlamps,  and  there  is not in operation at least one headlamp lighted and adjusted as required by  law,  such  officer  shall issue  a  summons  for  such  violation  and shall order the operator to remove such vehicle from the highway. In such event, such vehicle  shall not  again  be  driven or operated until such time as the vehicle can be driven or operated without being in violation of such provisions.   3. If the vehicle is being driven or  operated  in  violation  of  any provisions   of   section  three  hundred  seventy-five,  three  hundred seventy-six or three hundred eighty-one  of  this  article  relating  to required  equipment,  except a violation described in subdivision two of this  section,  subdivision  forty-seven  of   section   three   hundred seventy-five of this article, and except a violation relating to service brakes,  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 his  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 subdivision.   4. Any complaint issued for any violation  of  section  three  hundred seventy-five,  three  hundred seventy-six or three hundred eighty-one of this  article  relative  to  required  equipment,  except  a   violation described in subdivision two of this section, subdivision forty-seven of section  three  hundred  seventy-five  of this article, and except for a violation relating to service brakes, shall 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 as set forth in subdivision five of this  section  is submitted  to the court. 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.   5.  (a)  Acceptable  proof  of  repair  or adjustment shall consist of submission to the court on or before the  return  date  of  the  summons either:  (i)  a  statement  of  correction  from an officially designated state inspection station duly executed by the person performing or making such inspection and bearing the  facility  number  of  the  state  inspection station, or  (ii)  a  statement of correction from an automobile repair shop on the letterhead of such repair shop duly executed by the person who made  the correction, or  (iii)  a  statement of correction from any registrant having more than twenty-five vehicles registered and having a fleet  maintenance  program administered  by  the registrant, duly executed by the person performing or making such correction and countersigned  by  the  fleet  maintenance supervisor, or  (iv)  a  signed  statement  of  any  police officer that the necessary corrections have been made, or  (v)  evidence  acceptable  to the court from any person that he or she completed the repair together with proof of purchase  of  the  equipment needed for the repair, or  (vi)  in the discretion of the court, submission of the vehicle to the court for inspection not later than one-half hour after the next ensuing sunset.  (b) The statement required by this subdivision shall  be  directed  to the  court  having  jurisdiction  of  the  alleged  violation,  shall be affirmed as true under penalty of perjury, and shall include:  (i) the name,  occupation  and  position  of  the  person  making  the statement;  (ii) the time and date that the repairs or inspection were made; and  (iii)  a  statement that the defective equipment, cited in the summons or information, on the vehicle in question, is in proper working order.   6. The provisions of this section shall not be construed to affect any cause of action or the rights or liabilities of any person with  respect to  damages  or injuries caused or suffered as a result of the operation of a motor vehicle.