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 79.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 have these meanings:
(a) Certificate
				  of inspection (form VS-1082, VS-1082 HV, VS-1082.1, VS-1082SE, VS-1082D or
				  VS-1082E). A sticker, also referred to as an inspection certificate, secured
				  from the Department of Motor Vehicles by an official inspection station, issued
				  by such station and affixed to a vehicle as prescribed by these regulations to
				  evidence the satisfactory completion of an inspection of that vehicle in
				  compliance with article 5 of the Vehicle and Traffic Law and this Part. Such
				  sticker, when properly issued, is valid until midnight of the expiration date
				  printed on the sticker, or, if no expiration date is printed on the sticker,
				  until midnight on the last day of the month punched thereon, of the indicated
				  year.
(b) Inspection
				  rejection/advisory notice (form VS-1075). A form secured from the Department of
				  Motor Vehicles and issued by an inspection station to a motorist as prescribed
				  in this Part. An equivalent inspection rejection notice may also be printed by
				  the computerized vehicle inspection system, without a form number. The
				  certificate informs the motorist why the vehicle is being rejected and advises
				  the motorist of deficiencies. A rejection notice is not an extension of an
				  expired sticker, except as provided for in section
				  79.20(a) 
				  of this Part.
(c) Maximum gross
				  weight (MGW). The weight of a motor vehicle as shown on the vehicle's
				  registration document or, in the case of truck or trailer, the weight of the
				  vehicle plus the maximum load the vehicle is registered to carry as shown on
				  the vehicle's registration document. The MGW, not the designed carrying
				  capacity of the vehicle, will be the weight that is used to determine the
				  appropriate safety inspection for the vehicle.
(d) Motor vehicle. Every vehicle included in
				  the definition of the term motor vehicle and motorcycle as set forth in
				  sections 125 and
				  123  of the Vehicle and Traffic Law, and
				  every vehicle included in the definition of the term limited use automobile or
				  motorcycle as set forth in sections 121-a and
				  121-b  of the Vehicle and Traffic Law, as
				  well as all trailers, set forth in section 156, except those vehicles
				  specifically set forth in section
				  79.2(d) 
				  of this Part.
(e) Motor vehicle
				  inspection record (VS-1074S, VS-1074SD or VS-1074M). A form secured from the
				  Department of Motor Vehicles by an official inspection station. This form is
				  used to record inspections, reinspections and the results thereof, and to
				  record certificates of inspection, and inspection rejection notices issued but
				  is not to be used to record information on inspections for vehicles subject to
				  OBD II or low enhanced emissions inspection.
(f) Motor vehicle registered in this State.
				  Every vehicle included in the definition of the term motor vehicle as set forth
				  in subdivision (d) of this section, for which a certificate of registration has
				  been issued pursuant to section 401, 410 or
				  420  of the Vehicle and Traffic Law or for
				  which a nonresident seasonal farm laborer vehicle certificate has been issued
				  pursuant to subdivision 4 of section 250  of the Vehicle and Traffic Law. A
				  vehicle ceases to be a motor vehicle registered in this State at such time as
				  the registration for such vehicle expires because of transfer of ownership or
				  destruction of such vehicle. A motor vehicle owned or controlled by a dealer or
				  transporter and legally being operated with dealer or transporter plates is not
				  a motor vehicle registered in this State, and does not require
				  inspection.
(g) Official safety
				  inspection station. Any person, association or corporation which has been
				  issued a license by the Commissioner of Motor Vehicles, pursuant to section 303  of the Vehicle and Traffic Law, to
				  conduct safety inspections of motor vehicles exempt from the emissions
				  inspection requirement.
(h)
				  Official inspection station (fleet). Any person, association or corporation
				  having more than 25 motor vehicles registered in its name which has been issued
				  a license by the Commissioner of Motor Vehicles to conduct inspections of motor
				  vehicles registered in its name or leased by it for a period greater than 30
				  days and motor vehicles owned by its employees; or any State agency or
				  political subdivision having more than five motor vehicles registered in its
				  name which has been issued a license by the Commissioner of Motor Vehicles to
				  conduct inspections of motor vehicles registered in its name or leased by it
				  for a period greater than 30 days and motor vehicles registered in the name of
				  any State agency or political subdivision.
(i) Official inspection station (dealer). Any
				  person, association or corporation registered as a dealer under section 415  of the Vehicle and Traffic Law, which
				  has been issued a license by the Commissioner of Motor Vehicles to conduct
				  inspection of motor vehicles held by such dealer for sale or demonstration, and
				  motor vehicles owned by employees of such dealer.
(j) Ten-day time extension (form VS-1077). A
				  sticker secured from the Department of Motor Vehicles and affixed to a motor
				  vehicle to evidence that the time within which such motor vehicle must be
				  inspected has been extended for a period not to exceed 10 days as stated on the
				  certificate.
(k) Certified motor
				  vehicle inspector. A person who has been issued a certificate by the
				  Commissioner of Motor Vehicles pursuant to section 304-a  of the vehicle and Traffic Law,
				  authorizing him to conduct inspections of motor vehicles and/or motorcycles or
				  trailers.
(l) Motor vehicle
				  inspector's certificate (form VS-26). A card issued by the Commissioner of
				  Motor Vehicles to a person authorizing such person to conduct periodic
				  inspections of motor vehicles and/or motorcycles or trailers. The certificates
				  are categorized as follows:
Group 1--allows an individual to conduct safety, diesel
					 emissions, OBD II inspections, and low enhanced emissions inspections of motor
					 vehicles that have a seating capacity, as indicated on the vehicle registration
					 certificate, under 15 passengers, and motor vehicles and trailers that have a
					 MGW, as indicated on the vehicle registration certificate, under 18,001 pounds,
					 except: motorcycles; those motor vehicles and trailers that have a MGW, as
					 indicated on the vehicle registration certificate, over 10,000 pounds and under
					 18,001 pounds, when the registrant requests a heavy vehicle inspection; and
					 semi-trailers. The ability to perform OBD II inspections may also be dependent
					 upon passing the applicable test in the CVIS.
Group 2--allows an individual to conduct safety and diesel
					 emissions inspections of motor vehicles that have a seating capacity, as
					 indicated on the vehicle registration certificate, over 14 passengers, motor
					 vehicles and trailers that have a MGW, as indicated on the vehicle registration
					 certificate, over 18,001 pounds, those motor vehicles and trailers that have a
					 MGW, as indicated on the vehicle registration certificate, over 10,000 pounds
					 and under 18,001 pounds, when the registrant requests a heavy vehicle
					 inspection, and semi-trailers, except: motorcycles.
Group 3--allows an individual to conduct safety inspections
					 of motorcycles.
(m) New
				  York Metropolitan Area (NYMA). This region comprises the Counties of Suffolk
				  (except Fisher's Island), Nassau, Kings, Queens, Richmond, New York, Bronx,
				  Westchester and Rockland. Non-diesel-powered vehicles registered in this region
				  that are subject to emissions inspection will have NYMA printed on the
				  registration. Diesel-powered vehicles registered in this region that are
				  subject to the diesel emissions inspection will have DEMA printed on the
				  registration.
(n)
				  [Reserved]
(o) Computerized vehicle
				  inspection system (CVIS). This consists of an exhaust emission analyzer and/or
				  an emission system analyzer, related hardware and software.
(p) [Reserved]
(q) Official emissions inspection station.
				  Any person, association or corporation which has been issued a license to
				  conduct safety inspections, OBD II inspections and low enhanced emissions
				  inspections.
(r) Temporary
				  certificate of emissions waiver (form VS-1078). A certificate secured from the
				  Department of Motor Vehicles by an owner of a motor vehicle and affixed to said
				  motor vehicle with the valid New York State safety (form VS-1082) or heavy
				  vehicle safety (form VS-1082HV) inspection sticker to evidence temporary waiver
				  from the diesel emissions portion of the annual inspection. Form VS-1078 may
				  not be used for a vehicle subject to the OBD II or low enhanced emissions
				  inspection.
(s)
				  [Reserved]
(t) Inflatable restraint
				  system. An air bag as defined in  49 CFR part 571.208  (S4.1.5.1) that is
				  designed and installed to be activated in a crash.
(u) Inflatable restraint readiness indicator
				  light. An indicator monitoring the inflatable restraint systems readiness. The
				  light must be clearly visible from the driver's position.
(v) Diesel emissions inspection station. Any
				  person, association or corporation which has been issued a license to conduct
				  both vehicle safety and diesel emissions inspection.
(w) Diesel emissions inspection certification
				  and waiver form (form VS-1079DE). A form secured from the Department of Motor
				  Vehicles, used by an official inspection station to certify that a vehicle
				  subject to the diesel emissions inspection has qualified for and been issued a
				  waiver per Department of Environmental Conservation standards.
(x) On board diagnostics (OBD). A system,
				  within passenger cars and light trucks in designated model year 1996 or newer,
				  which monitors system degradation as it relates to powertrain components and
				  emission control devices.
(y)
				  Malfunction indicator lamp or light (MIL). The term used for the "Check Engine"
				  or "Service Engine Soon" light, or any other indicator light with a similar
				  name that performs the same function. This light is evaluated when performing
				  the OBD II emissions portion of an inspection.