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 › 306 - Enforcement.

§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the
renewal of the registration of any motor vehicle for which a certificate
or  certificates of inspection has or have not been obtained as required
by this article, or the regulations promulgated thereunder, or which  is
not  repaired  within  the period designated under section three hundred
four (b); provided however, the commissioner shall waive the requirement
for any repairs to an emissions system  beyond  the  expenditure  amount
permitted  by  federal  law  and  regulations  once  the amount has been
expended.    The  commissioner  shall  provide  for  an  appeal  from  a
determination  related  to  a  request  that  the  repair requirement be
waived. No such waiver shall apply to classes of vehicles for which such
waiver would be prohibited pursuant to  a  final  decree  of  a  federal
court.
(b)  No  motor  vehicle  shall  be  operated  or  parked on the public
highways  of  this  state  unless  a  certificate  or  certificates   of
inspection,  as  required  by this article, is or are displayed upon the
vehicle or affixed to the registration certificate for  the  vehicle  as
may  be  determined  by  the  commissioner.  The  commissioner  may,  by
regulation, provide for a temporary indicia of inspection to  be  placed
on  a  motor vehicle which shall be valid as a certificate of inspection
for a period not to exceed fifteen days upon the loss, theft, mutilation
or destruction of a certificate of inspection.  Any  violation  of  this
section  that  occurs  while  a  motor  vehicle  is parked on the public
highways of this state  shall  constitute  a  parking  violation.  Every
agreement for the lease or rental of a motor vehicle for a period of not
more than thirty days shall be deemed to provide that the lessor of such
vehicle  shall,  in  all  respects, be substituted for the lessee or any
person operating the vehicle in conformity  with  the  lease  or  rental
agreement  in  connection  with  any  charge  of violating this section,
provided that any summons issued to the operator for violation  of  this
section  is  turned  over to the lessor. A violation of this subdivision
shall be punishable by a fine of not less than fifty nor more  than  one
hundred  dollars  for  a  first  offense, and by a fine of not less than
fifty nor more than two hundred dollars or by imprisonment for not  more
than  fifteen  days,  or  by  both  such fine and imprisonment, for each
subsequent offense; provided  however,  that  if  the  vehicle  bears  a
certificate or certificates of inspection which was or were valid within
the last sixty days, such violation shall be punishable by a fine of not
less than twenty-five nor more than fifty dollars.
(c)  No motor vehicle shall be registered in this state unless a valid
certificate or certificates of inspection is or are in  force  therefor,
except where the vehicle is outside the state at the time of application
for  registration  and  the  owner  has  secured from the commissioner a
written extension of the time for inspection of such vehicle.
(d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection or inspections in conformity with the rules  and  regulations
established  by  the commissioner, or shall wilfully issue a certificate
or certificates of inspection for a motor vehicle,  the  mechanisms  and
other  equipment  or emissions of which do not comply with the standards
prescribed by the rules and regulations established by the  commissioner
or  the  commissioner of environmental conservation, or wilfully issue a
certificate of inspection extension or rejection notice when the item or
items  of  inspection  conform  to  the  standards  established  by  the
regulations  of  the  commissioner  or  wilfully  issue a certificate of
inspection extension or rejection notice for an item or items for  which
inspection is not required by the regulations of the commissioner.
(e) Any person who shall make, issue or knowingly use any imitation or
counterfeit  of  an  official  certificate  of  inspection, or who shall
possess or display or cause or permit to be  displayed  upon  any  motor
vehicle  any certificate of inspection knowing the same to be fictitious
or  issued  without  an inspection or required repairs having been made,
or, who unlawfully  mutilates  a  valid  certificate  of  inspection  or
rejection,  or  who  shall  knowingly  issue,  obtain or present a false
statement in connection with a waiver authorized by this article, or who
unlawfully removes such a certificate from a  motor  vehicle,  shall  be
guilty  of  a misdemeanor. The provisions of this subdivision shall also
apply to any temporary indicia of inspection provided for by  regulation
of the commissioner.
(f)  Any  person  who shall display or cause or permit to be displayed
any sign, mark or advertisement as an official inspection station unless
a license has been issued by the commissioner and is then in  effect  or
who  shall  transfer  or  attempt  to  transfer a license as an official
inspection station, or who knowingly  makes  a  false  statement  in  an
application for a license for an official inspection station, or renewal
thereof, shall be guilty of a misdemeanor.