reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 79 - Motor Vehicle Inspection › Section 79.24 - Emissions inspection procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Except as exempted in section
					 79.2  of this Part, all motor
					 vehicles registered in this State must pass both the appropriate emissions
					 inspection and the appropriate safety inspection before any inspection
					 certificate may be issued. This section describes the specific tests that are
					 authorized and required under section 301 (d)  of the Vehicle and Traffic Law,
					 and 6 NYCRR Part 217. Vehicles subject to diesel emissions inspection (smoke
					 opacity test) are subject to the procedures set forth in section
					 79.26  of this Part.
(1) OBD II emissions inspection.
(i) All model-year 1996 and newer non-exempt
				  vehicles (including all model year 1997 and newer non-exempt diesel-powered
				  vehicles) that have a gross vehicle weight rating (GVWR) under 8,501 pounds,
				  registered in any county in the State, (except for vehicles with a make of
				  custom or homemade) are subject to the OBD II emissions inspection, in addition
				  to the applicable safety inspection.
(ii) Any official emissions inspection
				  station may perform OBD II emissions inspections.
(iii) An OBD II emissions inspection must be
				  performed with appropriate CVIS equipment.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 79 - Motor Vehicle Inspection › Section 79.25 - Obd ii emissions inspection waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a vehicle fails, after proper repair,
				  the reinspection of the emissions portion, a certificate of inspection must be
				  offered by the official emissions inspection station if all of the following
				  conditions are met:
(1) The safety inspection
				  has been passed.
(2) All emissions
				  control devices have passed inspection. The cost for replacement of missing
				  emissions control devices, safety items or warranty repairs does not count
				  towards the emissions waiver cost limits.
(3) Repairs and adjustments have been
				  properly made and documented and cost at least $450, based on the cost of such
				  repairs if performed in 1989. Provided, however, that the waiver amount will be
				  adjusted to account for increases in the Consumer Price Index (CPI) since
				  January 1989 and will be adjusted each year in accordance with the
				  CPI.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 79 - Motor Vehicle Inspection › Section 79.26 - Vehicles subject to diesel emissions inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) All nonexempt
				  diesel-powered motor vehicles, that have a maximum gross weight (MGW) over
				  8,500 pounds, are registered in the NYMA, and are not subject to the OBD II
				  emissions inspection, are subject to a test of the vehicle exhaust emissions
				  (smoke opacity test) as part of the annual vehicle inspection. A vehicle
				  required to have an exhaust emissions inspection under these regulations may be
				  inspected only at an official diesel emissions inspection station. No other
				  classification of inspection station may conduct inspections for vehicles
				  requiring diesel emissions inspection unless a temporary certificate of
				  emissions waiver (form VS-1078) has been issued for the vehicle and is
				  presented to the inspection station. Upon the vehicle's re-entry into the NYMA,
				  a complete diesel safety/emissions inspection must be performed.
(2) Non-NYMA.
(i) All diesel-powered motor vehicles that
				  have a maximum gross weight (MGW) over 8,500 pounds, and that are registered
				  outside the NYMA are exempt from the diesel emissions inspection. If the
				  vehicle is not subject to an OBD II emissions inspection, the motorist may
				  request a diesel emissions inspection (smoke opacity test) by presenting the
				  vehicle to an official diesel emissions station and requesting the
				  inspection.
(ii) If a nonexempt
				  diesel-powered vehicle that has a maximum gross weight (MGW) over 8,500 pounds
				  with a registration from another state, or with a New York State registration
				  with an out-of-state address, is presented for inspection in the NYMA, the
				  vehicle must receive a safety and diesel emissions inspection (smoke opacity
				  test), and must be issued a diesel safety/emissions inspection certificate if
				  it passes the inspection unless the vehicle is subject to an OBD II emissions
				  inspection.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 79 - Motor Vehicle Inspection › Section 79.29 - Appendix A

Current through Register Vol. 46, No. 28, July 10, 2024
TABLE A
CLAMP TYPE BRAKE CHAMBER DATA
TYPE
OUTSIDE DIAMETER
BRAKE ADJUSTMENT LIMIT
in.
mm.
in.
mm.
6
4-1/2
(114)
1-1/4
(32)
9
5-1/4
(133)
1-3/8
(35)
12
5-11/16
(145)
1-3/8
(35)
16
6-3/8
(162)
1-3/4
(45)
20
6-25/32
(172)
1-3/4
(45)
24
7-7/32
(184)
1-3/4
(45)
30
8-3/32
(206)
2
(51)
36
9
(229)
2-1/4
(57)
LONG STROKE CLAMP TYPE BRAKE CHAMBER
								DATA
TYPE
OUTSIDE DIAMETER
BRAKE ADJUSTMENT LIMIT
in.
mm.
in.
mm.
12
5-11/16
(145)
1-3/4
(35)
16
6-3/8
(162)
2.0
(45)
20
6-25/32
(172)
2.0
(45)
24
7-7/32
(184)
2.0
(45)
24*
7-7/32
(184)
2-1/2
(45)
30
8-3/32
(206)
2-1/2
(51)
* For three-inch maximum stroke type 24
								chambers.
NOTE:
A brake found at
								the adjustment limit is not a violation.
BOLT TYPE BRAKE CHAMBER DATA
TYPE
OUTSIDE DIAMETER
BRAKE ADJUSTMENT LIMIT
in.
mm.
in.
mm.
A
6-15/16
(176)
1-3/8
(35)
B
9-3/16
(234)
1-3/4
(45)
C
8-1/16
(205)
1-3/4
(45)
D
5-1/4
(133)
1-1/4
(32)
E
6-3/16
(157)
13/8
(35)
F
11
(279)
2-1/4
(57)
G
9-7/8
(251)
2
(51)
NOTE:
A brake found at
								the adjustment limit is not a violation.
ROTOCHAMBER DATA
TYPE
OUTSIDE DIAMETER
BRAKE ADJUSTMENT LIMIT
in.
mm.
in.
mm.
9
4-9/32
(109)
1-1/2
(38)
12
4-13/16
(122)
1-1/2
(38)
16
5-13/32
(138)
2
(51)
20
5-15/16
(151)
2
(51)
24
6-13/32
(163)
2
(51)
30
7-1/16
(180)
2-1/4
(57)
36
7-5/8
(194)
23/4
(70)
50
8-7/8
(226)
3
(76)
NOTE:
A brake found at
								the adjustment limit is not a violation.
DD2 & DD-3 BRAKE CHAMBER DATA
TYPE
OUTSIDE DIAMETER
BRAKE ADJUSTMENT LIMIT
in.
mm.
in.
mm.
30
8-1/8
(206)
2-1/4
(57)
NOTE:
This chamber has
								three air lines and is found on motor coaches.
NOTE:
A brake found at
								the adjustment limit is not a violation.
WEDGE BRAKE DATA
The combined movement of both shoe
								lining scribe marks shall not exceed 1/8 inch (3.18 mm).
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 59 of the Laws of 2017 authorizes the operation of
					 Transportation Network Companies in New York State. This section sets forth the
					 responsibilities and requirements for such companies, their drivers and the
					 Department of Motor Vehicles.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The terms used in this section shall have the same meaning
					 as such terms are defined in article I of the Vehicle and Traffic Law, unless
					 otherwise defined in section 1691 of such law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.3 - Application for Transportation Network Company (TNC) license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant for a TNC license must
				  complete a form supplied by the department, accompanied by a fee in the amount
				  of $100,000, and any other documentation requested by the department.
				  Thereafter, on an annual basis, the TNC shall complete such form and pay a
				  renewal fee in the amount of $60,000, which shall be paid no later than one
				  year from the date of the approval of the prior application. If the application
				  or renewal application is denied, the department shall retain $10,000 of the
				  fee.
(b) No license shall be issued
				  unless the applicant:
(1) presents proof it
				  has obtained a group policy in compliance with the financial responsibility
				  requirements of article 44-B of the Vehicle and Traffic Law and section 3455  of the Insurance Law and regulations
				  promulgated by the Superintendent of Financial Services and, if the insurer is
				  an unauthorized insurer, certifies that it has provided a copy thereof to the
				  Superintendent of Financial Services;
(2) agrees to affirm on the application for a
				  TNC license that it shall comply with all applicable laws and regulations
				  related to Transportation Network Companies operating in this State.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.4 - Insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A TNC
				  driver must maintain an owner's policy of liability insurance, for any TNC
				  motor vehicle such driver owns, leases, or is otherwise authorized to use, in
				  accordance with article 6 of the Vehicle and Traffic Law, the Insurance Law and
				  regulations promulgated thereunder.
(b) A TNC driver, or a TNC on the driver's
				  behalf through a group policy, must also maintain insurance, for any TNC
				  vehicle such driver owns, leases, or is otherwise authorized to use:
(1) with respect to the TNC driver, a policy
				  issued by an authorized New York insurer that provides coverage in satisfaction
				  of the financial responsibility requirements of section 1693  of the Vehicle and Traffic Law and
				  regulations promulgated by the Superintendent of Financial Services;
(2) with respect to the TNC, a TNC group
				  policy issued by an authorized New York insurer or procured by a New York
				  licensed excess line broker pursuant to section 2118  of the Insurance Law, and regulations
				  promulgated thereunder, if such coverage is unavailable from an authorized
				  insurer, in satisfaction of the financial responsibility requirements of
				  section 1693  of the Vehicle and Traffic Law and
				  section 3455  of the Insurance Law and regulations
				  promulgated by the Superintendent of Financial Services; or
(3) by any combination of insurance provided
				  in accordance with paragraphs (1) and (2) of this subdivision.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.5 - Identification of TNC vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A TNC
				  driver shall display a consistent and distinctive trade dress consisting of a
				  removable logo, insignia, or emblem at all times the driver is providing TNC
				  services. The trade dress shall be:
(1)
				  sufficiently large and color contrasted so as to be readable during daylight
				  hours at a distance of at least 50 feet;
(2) reflective, illuminated, or otherwise
				  patently visible in darkness; and
(3) of such a size so as not to obstruct the
				  driver's view.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.6 - Filing of complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  complaint may be filed with the department against a TNC regarding an alleged
				  violation of a licensing requirement pursuant to article 44-b of the Vehicle
				  and Traffic Law or this Part using a form prescribed by the commissioner, which
				  shall be available on the department's website. At a minimum, the complainant
				  must give his or her name, address, phone number and email address, if
				  available, and a complete description of the nature of the complaint and any
				  supporting documentation. Pursuant to subdivision (c) of this section, a
				  complaint against a TNC driver must be filed with the TNC.
(b) If the department requests information
				  from a TNC in order to investigate a complaint, the TNC shall respond to such
				  request within 10 business days.
(c) The TNC must establish a complaint
				  procedure that allows passengers to file complaints against a TNC driver, or
				  the TNC, directly with the TNC, through the TNC's website or mobile
				  application. The TNC may, in its discretion, also receive complaints by other
				  means, such as by phone or regular mail.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.7 - Criminal history background check

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Scope.
The TNC, or a third party on the TNC's behalf, must conduct
					 a criminal background check for all persons applying for a TNC permit. No
					 person shall operate a TNC vehicle until such person is deemed qualified
					 following such background check. Such background check shall be conducted on an
					 annual basis for each TNC driver operating a TNC vehicle. On
an annual
					 basis
shall mean no more than 12 months after the completion of the
					 previous background check.
(b)
Certification.
The TNC, or a third party on the TNC's behalf, shall
					 conduct the criminal background check for each applicant for a TNC permit in
					 accordance with section 1696 (1)  of the Vehicle and
					 Traffic Law. The TNC must maintain a record of each background check, subject
					 to audit of the department, pursuant to section 80.8  of this Part, and certify
					 to the department, in its application for a TNC license, that for each
					 applicant for a TNC permit, and a renewal thereof, it has:
(1) checked the New York State sex offender
				  registry and the United States Department of Justice national sex offender
				  public website;
(2) the applicant's
				  driving record, which shall mean the driving abstract produced by the
				  department;
(3) confirmed that the
				  applicant's vehicle or vehicles are validly registered and inspected, and that
				  the vehicle is properly insured;
(4) confirmed that such driver is at least 19
				  years of age;
(5) has enrolled the
				  TNC driver in the department's License Event Notification Service (LENS) and,
				  when enrolling a driver in LENS, the TNC must, in addition to the mandatory
				  notifications set forth in section 1696 (1)(d)(i)  of the
				  Vehicle and Traffic law, select the option upon enrollment in LENS that LENS
				  notify the TNC if the driver's license is suspended or revoked; and
(6) confirmed that the applicant is not
				  disqualified for any of the offenses set forth in section 1699 (2)(b)  of the Vehicle
				  and Traffic Law or for being on the New York State sex offender registry or
				  United States Department of Justice national sex offender public website.
				  Pursuant to subparagraphs (i) and (ii) of such section, the TNC shall review
				  the applicant's record for the past three years and seven years, respectively,
				  from the date of application. If the applicant has been incarcerated during
				  such three or seven year period due to the commission of an offense set forth
				  in such section, the three or seven year look-back period shall be extended for
				  an amount equal to the period of incarceration.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.8 - Audit procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Section 1698  of the Vehicle and Traffic Law
					 authorizes the department to audit a sample of records of a TNC for the purpose
					 of verifying compliance with the licensing requirements of the department. Such
					 audits shall be conducted no more frequently than on a quarterly basis, with at
					 least 10 business days' notice to the TNC, unless the department has grounds to
					 believe that additional audits are warranted. The TNC may exclude information
					 on a record that would tend to identify specific drivers or passengers.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 80 - TRANSPORTATION NETWORK COMPANIES › Section 80.9 - Suspension, revocation or denial of a TNC license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the department denies an application
				  for or renewal of a TNC license, the applicant may appeal such denial in
				  accordance with article 3-A of the Vehicle and Traffic Law.
(b) In addition to the penalties authorized
				  by sections 1692 (2)(a) and
				  1699 (5)  of the Vehicle and
				  Traffic Law, the department may suspend or revoke a TNC license for failure to
				  comply with any of the provisions of article 44-B of the Vehicle and Traffic
				  Law or the regulations promulgated hereunder.
(c) If a penalty is imposed or a license is
				  revoked or suspended by the department, the licensee shall have the opportunity
				  to be heard.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.3 - Certification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Persons required to be certified. Every scrap processor, and every scrap
				  collector and repair shop which disposes of vehicular scrap to a scrap
				  processor is required to be certified by the commissioner.
(b) Application for certification. An
				  application for certification shall be filed with the Division of Vehicle
				  Safety Services of the Department of Motor Vehicles in Albany.
(c) Cancellation of certification. Any person
				  who is certified pursuant to this section shall notify the department that he
				  is no longer engaged in a business requiring certification within 30 days of
				  such fact.
(d) A certified scrap
				  processor, scrap collector or repair shop may begin operation at a new location
				  by giving the commissioner 10 days' notice of the move prior to commencing work
				  at the new location. Nothing in this Part shall be construed as affecting a
				  repair shop's obligations under Part 82 of this Title.
(e) A change in the name under which a
				  certified scrap processor, scrap collector or repair shop does business shall
				  be reported to the commissioner within 30 days. Nothing in this Part shall be
				  construed as affecting a repair shop's obligations under Part 82 of this
				  Title.
(f) A scrap processor, scrap
				  collector or repair shop must post the current business certificate
				  conspicuously at the place of business.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.4 - Identification numbers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  person who has been certified or registered pursuant to this Part shall be
				  issued an identification number.
(b) Every scrap processor, vehicle
				  dismantler, salvage pool and itinerant vehicle collector shall display his
				  facility identification number in all advertising and business stationery. In
				  addition, every scrap processor, vehicle dismantler and salvage pool shall
				  display at the main entrance to his place of business a sign containing his
				  facility identification number and the name under which he is registered. The
				  letters and numbers on such sign shall be painted in block figures at least six
				  inches high with a stroke of approximately 3/4 inch, and shall be painted in a
				  contrasting color to the background of the sign.
(c) Every person required to be registered or
				  certified pursuant to this Part shall display his identification number upon
				  any vehicle whether owned, leased or otherwise hired and used by him for the
				  purpose of transporting junk and salvage vehicles or major component parts of
				  junk and salvage vehicles. Such number shall be placed on the foremost doors on
				  each side of such vehicle and painted in a contrasting color to the background,
				  in block figures at least two inches high with a stroke of approximately 1/2
				  inch. This provision shall not apply if a vehicle is hired and already has an
				  identification number on its doors.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.5 - Out-of-state businesses

Current through Register Vol. 46, No. 28, July 10, 2024
A person doing business in this State who does not have a
					 place of business in this State, but has a place of business or engages in such
					 business in another state, or province of Canada, and who would be required to
					 be registered or certified pursuant to section 415-a  of the Vehicle and Traffic Law if it
					 were in this State, shall apply to the commissioner for an identification
					 number. Such identification number shall be issued, provided that such person
					 complies with the laws and regulations of the jurisdiction in which he has his
					 principal place of business or engages in such business. Every out-of-state
					 business required to obtain an identification number pursuant to this section
					 shall display such identification number in the manner provided in subdivision
					 (c) of section
					 81.4  of
					 this Part on every vehicle whether owned, leased or otherwise hired and used by
					 him for the purpose of transporting junk and salvage vehicles or major
					 component parts of junk and salvage vehicles. This provision shall not apply if
					 a vehicle is hired and already has an identification number on its
					 doors.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.6 - Vehicle rebuilders

Current through Register Vol. 46, No. 28, July 10, 2024
A vehicle rebuilder who purchases vehicles for the purpose
					 of dismantling same for parts or for scrap must be registered as a vehicle
					 dismantler pursuant to the provisions of this Part. A vehicle rebuilder who
					 sells rebuilt vehicles must be registered as a dealer pursuant to section 415  of the Vehicle and Traffic Law. A
					 vehicle rebuilder who engages in both functions must be registered both as a
					 vehicle dismantler and a dealer.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.7 - Distribution and return of form mv-907a

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 429  of the Vehicle and Traffic Law provides
				  that the commissioner shall designate a statement of acquisition which shall
				  serve as proof of ownership for a junk and salvage vehicle and which may be
				  used to transfer such vehicle. This statement of acquisition shall be form
				  MV-907A and shall, except as otherwise provided, consist of three parts: a
				  transfer copy, a DMV copy and a file copy. The department will issue a supply
				  of MV-907A forms to insurance companies, registered vehicle dismantlers and
				  registered itinerant vehicle collectors for use in business after submission of
				  properly completed requests for such forms. These businesses shall take
				  reasonable precautions to insure that these forms are not lost or stolen. An
				  MV-907A which is lost or stolen should be reported in writing to the Division
				  of Vehicle Safety Services in Albany and in writing or orally to the local
				  police. If a person other than an insurance company, registered vehicle
				  dismantler or registered itinerant vehicle collector is required to submit form
				  MV-907A in order to transfer a junk and salvage vehicle or otherwise comply
				  with the requirements of these regulations, such person may make application
				  for an MV-907A for such transaction to: Title Bureau, Department of Motor
				  Vehicles, Empire State Plaza, Swan Street Building, Albany, NY 12228. A copy of
				  the proof of ownership must accompany the request for form MV-907A.
(b) Blank forms MV-907A are not transferrable
				  from business to business. When a registered business ceases to operate,
				  whether through sale, retirement, bankruptcy, suspension, revocation or other
				  cause, any blank forms MV-907A shall be returned to the Division of Vehicles
				  Safety Services of the Department of Motor Vehicles within 10 days.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.9 - Procedures upon acquisition or transfer of major component parts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedure upon
				  the acquisition of a major component part other than one which is attached to a
				  junk and salvage vehicle. Upon the acquisition of a major component part, other
				  than one which is attached to a junk and salvage vehicle, a numbered invoice or
				  bill of sale identifying such part, including an identification number, if any,
				  showing the name and address of the seller and the date of the sale shall be
				  obtained and filed. Such invoice and bill of sale shall serve as proof of
				  ownership for the part. A vehicle dismantler must mark, stamp or tag a major
				  component part with a stock number which can be traced back to the proof of
				  ownership. This subdivision shall not apply to scrap processors.
(b) Procedure upon transfer of a major
				  component part. Upon the transfer of any major component part, a numbered
				  invoice or bill of sale which identifies the part and the transferee must be
				  given to the transferee as his proof of ownership for such part, and a copy of
				  the invoice must be retained and filed by the seller.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.10 - Vehicle identification numbers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a junk or salvage vehicle is
				  acquired by an insurance company or a person registered or certified under
				  section 415-a  of the Vehicle and Traffic Law, and
				  the public vehicle identification number of such vehicle is altered, defaced or
				  missing at the time the vehicle is acquired, an MV-907A must be filed, except
				  for a scrap processor, indicating such condition unless a properly endorsed
				  MV-907A showing such condition is the proof of ownership for such vehicle. All
				  other records maintained by such person must also show such condition. It will
				  not be necessary for a person complying with these requirements to obtain a
				  replacement vehicle identification number unless and until such vehicle is to
				  be sold as a vehicle to a retail purchaser.
(b) Whenever a major component part, whether
				  or not attached to a junk or salvage vehicle, is acquired by a person
				  registered or certified under section 415-a  of the Vehicle and Traffic Law and
				  the identification number of such part is altered, defaced or missing at the
				  time such part is acquired, a distinctive tag consisting of the identification
				  number of the person acquiring the part and a distinctive identifying number,
				  such as the assigned stock number, shall be attached to the part. This
				  requirement shall not apply to a part which is to be immediately destroyed or
				  scrapped. In addition, any invoice, bill of sale or other record pertaining to
				  the part, whether or not such part is to be immediately destroyed or scrapped,
				  must indicate such condition, and the fact of tagging, if tagging is required.
				  If a part which has been tagged pursuant to this subdivision is acquired by
				  another person registered or certified under section 415-a  of the Vehicle and Traffic Law, the
				  requirement of tagging upon acquisition shall not apply so long as the previous
				  tag is attached to the part. For the purpose of this subdivision, an
				  identification number shall mean any number embossed, engraved, etched or
				  similarly marked on a major component part which is assigned by the
				  manufacturer for the purpose of identification of that particular part, and the
				  location of such number is made available to the public.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.11 - Duplicate proof of ownership

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Duplicate MV-907A (transfer copy). When an MV-907A (transfer copy) which is
				  proof of ownership for a junk and salvage vehicle is lost or destroyed, the
				  holder of the vehicle may issue another if he issued the lost one, or he may
				  make a request for a duplicate MV-907A (transfer copy) to the party who issued
				  the original MV-907A. Such party shall promptly issue a duplicate MV-907A to
				  the holder. The term duplicate to replace certificate number________ shall be
				  placed above the number appearing in the upper right-hand corner of the MV-907A
				  forms. The DMV copy of the duplicate MV-907A shall be submitted to the
				  Department of Motor Vehicles. No fee shall be charged by any party issuing a
				  duplicate MV-907A.
(b) Any false
				  statement made in connection with an application for any duplicate proof of
				  ownership shall constitute a violation of this Part.
(c) Failure of any person to cooperate with
				  any other person in obtaining a duplicate as required by this section, shall
				  constitute a violation of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.12 - Corrections

Current through Register Vol. 46, No. 28, July 10, 2024
Any MV-907A (DMV copy) which contains any incorrect
					 information or alteration shall be rejected by the department and any
					 corresponding MV-907A (transfer copy) shall be void and must be recovered by
					 the individual who issued such MV-907A (transfer copy). A corrected MV-907A
					 must be completed and submitted. Any MV-907A (transfer copy) which is
					 subsequently issued as a result of the initial mistake or alteration, is also
					 void and must be recovered by the person who initially made such mistake or
					 alteration. However, any person to whom a void MV-907A (transfer copy) was
					 delivered and who subsequently issues another MV-907A (transfer copy) to
					 another person which contains incorrect information, shall cooperate fully in
					 locating the person to whom such MV-907A (transfer copy) was delivered and
					 shall also cooperate in reexecuting a transfer on a corrected MV-907A. All
					 documents which are void under this section must be returned to the Division of
					 Vehicle Safety Services of this department.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.13 - Application for title for a junk and salvage vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for title. An application for
				  title for a junk and salvage vehicle for which an MV-907A is required to be
				  filed shall only be made to the Title Bureau of the Department of Motor
				  Vehicles. The original of the proof of ownership for such vehicle must be
				  submitted at the time of application. Any irregularities or mistakes in any
				  document submitted with the application for title may result in rejection of
				  the application.
(b) Applicant's
				  agreement. By applying for a physical examination of any junk and salvage
				  vehicle, as required by this section, the applicant agrees:
(1) to have his junk and salvage vehicle
				  available at the appointed time and place of inspection;
(2) that if the department has reasonable
				  grounds to believe that the junk and salvage vehicle or any major component
				  part thereon is stolen, that such vehicle may be impounded by the department
				  pending further investigation;
(3)
				  that if the junk and salvage vehicle is a stolen vehicle, such vehicle may be
				  impounded by the Department of Motor Vehicles and returned, if possible, to the
				  rightful owner of such vehicle; or
(4) that if any part on the junk and salvage
				  vehicle is stolen, the Department of Motor Vehicles may remove such part and
				  allow the rightful owner to recover it. Any such property not claimed by the
				  rightful owner within 15 days shall become the property of the State.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.15 - Salvage vehicles prior to september 1, 1981

Current through Register Vol. 46, No. 28, July 10, 2024
Any vehicle for which an MV-907 has been issued shall not
					 fall under these regulations but shall be controlled by this Part as it existed
					 on August 31, 1981.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.16 - Sale of salvaged inflatable restraint systems; restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On and after January 1, 1997, prior to
				  offering any salvaged inflatable restraint system for sale, such salvaged
				  inflatable restraint system part identification number and the vehicle
				  identification number of the vehicle from which the salvaged inflatable
				  restraint system was taken shall be referred to a nationally recognized theft
				  index bureau approved by the commissioner, in consultation with the
				  Superintendent of Insurance, for the purposes of determining prior to sale that
				  neither the salvaged inflatable restraint system nor the motor vehicle were
				  stolen, as determined at the time of inquiry. The sales invoice shall state the
				  date and the result of the inquiry to such theft index bureau.
(b) On and after March 1, 1998, prior to
				  offering any salvaged inflatable restraint system for sale, such salvaged
				  inflatable restraint system shall be certified according to standards
				  established by a nationally recognized testing, engineering and research body
				  approved by the commissioner in consultation with the Superintendent of
				  Insurance.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.20 - Temporary permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner of
				  a salvage vehicle which has been or is being repaired may obtain a permit
				  allowing the vehicle to be operated prior to the physical examination and for
				  five days after the physical examination. A request for a permit must be made
				  at the same time a request for a title and a physical examination is made. No
				  permit will be granted unless an application for a title and a physical
				  examination is made.
(b) An
				  application for a permit must be accompanied by the MV-907A for the vehicle
				  showing that the vehicle has passed inspection.
(c) An application for a permit must be
				  accompanied by proof that the vehicle is insured to at least the minimum levels
				  required to register the vehicle.
(d) The permit shall be attached to the
				  vehicle in accordance with instructions printed on the permit itself. Provided,
				  however, that if the vehicle is a motorcycle, the permit shall be carried by
				  the operator.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.21 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A registration
				  as a vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle
				  collector may be suspended or revoked for a violation of section 415-a or
				  429  of the Vehicle and Traffic Law, for a
				  conviction of any provision of the Penal Law relating to theft or possession of
				  motor vehicles or motor vehicle parts, for a change in status which would have
				  resulted in the denial of the registration initially, for a false statement to
				  the commissioner, for a violation of title 10 of the Vehicle and Traffic Law or
				  for a violation of this Part.
(b)
				  In addition to, or in lieu of, suspending or revoking a registration, the
				  commissioner may require the registrant to pay a civil penalty not exceeding
				  $1,000 for each violation.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.22 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.23 to 81.24 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.25 to 81.26 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.30 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 946 of the Laws of 1974 created article 12-A of the
					 Vehicle and Traffic Law, entitled the Motor Vehicle Repair Shop Registration
					 Act, hereinafter referred to as the act. The stated purposes of the act are to
					 further highway safety by promoting the proper and efficient repair of
					 malfunctioning or disabled motor vehicles, to protect consumers from dishonest,
					 deceptive and fraudulent practices in the repair of such motor vehicles, to
					 protect the motoring public from improper repairs, to eliminate unqualified
					 automotive repair shops, and to set standards for quality repairs. This Part is
					 promulgated to realize those purposes.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.3 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every motor
				  vehicle repair shop is required to be registered with the commissioner. A motor
				  vehicle repair shop is any person who, for compensation, is wholly or partially
				  engaged in the business of repairing or diagnosing motor vehicle malfunctions
				  or repairing motor vehicle bodies, fenders or other components damaged by
				  accident or otherwise, except those persons excluded by subdivision (b) of this
				  section. A motor vehicle repair shop is also any shop, drive-in station or
				  garage which inspects motor vehicles for the purpose of appraising, evaluating
				  or estimating the extent or value of motor vehicle damage or the necessity or
				  cost of motor vehicle repairs.
(b)
				  The following persons are excluded from the term motor vehicle repair shop and
				  therefor do not require registration as a repair shop:
(1) an employee of a motor vehicle repair
				  shop who engages in the business of repairing motor vehicles solely by reason
				  of his employment;
(2) any person
				  who is solely engaged in the business of repairing the motor vehicles of a
				  single commercial or industrial establishment, or of the Federal, State or a
				  local government or any agency thereof;
(3) any person whose activities consist
				  solely of fueling, changing oil, water, batteries or tires, replacing fan
				  belts, air filters or oil filters, installing windshield wiper blades or light
				  bulbs, polishing and washing, repairing, installing or replacing seat safety
				  belts, upholstery or communications equipment;
(4) any person solely engaged in the business
				  of repairing road building machines, farm machines, lawn machines, garden
				  machines, vehicles registered as special purpose vehicles; or
(5) any person who does not work on the
				  vehicle but only on parts of the vehicle removed by others.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.4 - Suspension, revocation or refusal to issue registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, or any person deputized
				  by him, may deny the application of any person for a certificate of
				  registration and may suspend or revoke the registration of any motor vehicle
				  repair shop or refuse to issue a renewal thereof if he determined that such
				  applicant or registrant:
(1) has made a
				  material false statement or concealed a material fact in connection with his
				  application;
(2) was the former
				  holder of a certificate of registration issued hereunder which was revoked or
				  suspended by the commissioner;
(3)
				  was, or that any officer, director, partner or stockholder holding more than 10
				  percent of the outstanding stock was an officer, director, partner or
				  stockholder holding more than 10 percent of the outstanding stock in a
				  corporation or partnership, as the case may be, which was the former holder of
				  a certificate of registration issued hereunder which was revoked or suspended
				  by the commissioner;
(4) has failed
				  to furnish satisfactory evidence of good character, reputation and
				  fitness;
(5) does not have a place
				  of business as required by this Part;
(6) is not the true owner of the repair shop,
				  except in the case of a franchise or lease;
(7) has been guilty of fraud or fraudulent or
				  deceptive practices;
(8) has within
				  a two-year period, been grossly negligent on two or more occasions in the
				  performance of any repair or adjustment covered by the act or this Part, or,
				  within a two-year period, has grossly overcharged on two or more occasions for
				  such repair or adjustment;
(9) has
				  willfully failed to comply with any of the provisions of the act or the rules
				  and regulations of the commissioner promulgated thereunder;
(10) has knowingly issued a false or
				  misleading estimate; or
(11) has
				  engaged in a course of conduct which unreasonably impedes or delays a
				  consumer's right to a fair recovery pursuant to the provisions of an automobile
				  insurance policy, the Insurance Law or regulations issued by the Superintendent
				  of Insurance governing the evaluation and adjustments of claims.