2023 New York Laws › VAT - Vehicle and Traffic › Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions › Article 5 - Periodic Inspection of Motor Vehicles › 301 - Periodic Inspection of All Motor Vehicles.

§ 301. Periodic inspection of all motor vehicles. (a) The commissioner
shall  require  that  every  motor  vehicle  registered in this state be
inspected once each  year  for  safety,  and  at  least  biennially  for
emissions  as  provided for pursuant to paragraph two of subdivision (d)
of this section, and in accordance with the provisions of this  article,
and  that  every motor vehicle sold or transferred for use on the public
highways of this state by a dealer registered under section four hundred
fifteen of this chapter to any person other than another such registered
dealer or transferred for no remuneration by such a registered dealer to
any person other than to a welfare to work program authorized by the New
York state department of labor, a private industry council, a county  or
a  social  services  district  for  the  sole  use  of public assistance
recipients or applicants participating in the welfare to work program to
which such vehicle is transferred must be inspected  and  bear  a  valid
certificate  or  certificates  of  inspection  prior  to delivery to the
purchaser or  transferee.  Provided,  however,  that  nothing  contained
herein  shall  be deemed to exempt any motor vehicle so transferred to a
welfare to work program pursuant to the provisions of  this  subdivision
from  being  inspected in accordance with the provisions of this section
or from complying with all other applicable provisions of this  chapter,
including registration and financial security, prior to operation on any
public highway.
(b)  The  commissioner  shall also require the inspection of any motor
vehicle duly registered under the laws of another state, a  province  of
Canada,  a  territory  or a federal district to the extent to which such
state, province, territory or federal district requires  the  inspection
of motor vehicles duly registered under the laws of this state.
(c)  (1)  (a)  A  safety  inspection shall be made with respect to the
brakes; steering mechanism; wheel alignment; lights, including  but  not
limited to the lights which are designed and placed on a vehicle for the
purpose  of  illuminating  the  vehicle's license plates; odometer; tire
pressure; seat safety belts; shoulder harness safety belts;  any  window
which  is composed of, covered by or treated with any material which has
a light transmittance of less than seventy percent pursuant  to  section
three  hundred  seventy-five of this title and such other mechanisms and
equipment as shall be determined by the commissioner to be necessary for
proper and safe operations. Such inspection  shall  also  be  made  with
respect  to  vehicle identification number. Upon inspection, the mileage
appearing on the odometer shall be recorded upon the inspection sticker.
(b) In the  case  of  any  passenger  car  manufactured  on  or  after
September first, nineteen hundred ninety-seven, during the course of the
vehicle  safety  inspection,  the  readiness of the inflatable restraint
system, by means of the readiness  indicator,  shall  be  noted  on  the
invoice  supplied  to the consumer. The system's lack of readiness shall
not be considered grounds for the vehicle to fail the safety  inspection
provided for in subparagraph (a) of this paragraph.
(2) Such inspection may also include a visual inspection prescribed by
the  commissioner  to determine the presence and correct installation of
any air contaminant emission systems or devices which  are  required  by
state  or  federal  law  or  any  rules or regulations pursuant thereto;
provided that for any vehicle not  subject  to  an  emission  inspection
pursuant  to  subdivision  (d)  of  this section, such visual inspection
shall be performed.
(3) Improper tire pressure shall not be  reason  for  failure  of  the
inspection.
(d)  (1)  The  commissioner,  in consultation with the commissioner of
environmental conservation, shall implement a program of  motor  vehicle
emissions  inspections  with  respect  to any motor vehicles or class of

motor vehicles which are  required  by  federal  law  or  any  rules  or
regulations  issued pursuant thereto or by any state law or any rules or
regulations issued pursuant thereto,  including  rules  and  regulations
issued   by  the  department  of  environmental  conservation,  to  meet
standards applicable to the emission of any kind of  substance  by  such
vehicles  or  engines  or  to  contain  any equipment, systems or design
features to reduce  such  emission.  The  commissioner  shall  establish
regulations   for  such  inspections.  Such  regulations  shall  include
provision  for  cooperating  with  the  commissioner  of   environmental
conservation  to  notify  owners  of  vehicles that have failed emission
inspections of the availability  of  mobile  source  emission  reduction
credit trading programs pursuant to section 19-0301 of the environmental
conservation law.
(2)  Such  inspection  shall be performed biennially; provided however
that the commissioner may require emission inspections  more  frequently
than  biennially  if  the commissioner of environmental conservation, in
consultation with the commissioner,  makes  a  determination  that  more
frequent  emission  inspections  are  necessary  to  comply with federal
requirements or a court order; and provided that an emission  inspection
program  in  operation  prior  to  nineteen  hundred  ninety-three shall
continue to require emission inspections at least annually until January
first, nineteen hundred ninety-six.
(3) Such inspection  shall  be  performed  at  a  facility  that  only
performs  inspections if the commissioner of environmental conservation,
in consultation with the commissioner, makes a determination  that  such
restriction is necessary to meet federal requirements. In no event shall
any  facility  operating  pursuant  to a contract with the commissioner,
entered into pursuant to subdivision (a) of section three hundred  three
of  this  chapter, be allowed to perform repairs; provided however, that
such a facility shall be allowed to perform repairs at  no  charge  that
are incidental to the inspection process.
(4)  The  commissioner  shall  establish  an  emission  system  repair
training program, for purposes of enhancing the quality and  reliability
of  emission  system  repair  services  available  from  official repair
stations in all areas where emission inspections are required under this
section.
(e) The requirements of air contamination emission  system  inspection
shall  not  apply  to  historical  motor vehicles registered pursuant to
schedule G of subdivision seven of section  four  hundred  one  of  this
chapter unless required by federal law.
(f) The department is authorized, in consultation with the departments
of  environmental  conservation  and  transportation, to adopt rules and
regulations necessary to  implement  a  heavy  duty  vehicle  inspection
program  pursuant  to  section 19-0320 of the environmental conservation
law  and  implement  such  program  by  June  first,  nineteen   hundred
ninety-nine.