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 78 - Dealers and Transporters › Sales of Vehicles › Section 78.17 - Registration sticker

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the purchase of a motor vehicle displaying a
						windshield validation sticker, a dealer should immediately remove such
						windshield validation sticker.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Sales of Vehicles › Section 78.18 - Cancellation of sale

Current through Register Vol. 46, No. 28, July 10, 2024
If before taking possession of a vehicle, for which the
						dealer has already applied for registration and/or title, the customer cancels
						the sale, the dealer must retrieve his or her proofs of ownership. He or she
						must do this (a) by contacting the local office immediately and reporting such
						cancellation and requesting the return of his or her proofs of ownership, or
						(b) if the registration transaction has already been processed, by telephoning
						the title bureau and reporting such cancellation, giving the year, make and
						vehicle identification number and the name of the former customer. This
						notification must be confirmed in writing and be accompanied by the search fee
						provided for in section 202 (2)(a)  of the Vehicle
						and Traffic Law for retrieval of the ownership documents. If a lien was
						recorded for a lending institution, other than a lending institution
						established to finance the sale of vehicles of a franchised dealer, the dealer
						should submit, with his or her written confirmation, written notice from the
						lending institution of cancellation of the lien before the transaction is
						cancelled on department records and the proofs of ownership
						returned.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Sales of Vehicles › Section 78.19 - Dealers who aid in securing registrations, titles, or special or distinctive plates

Current through Register Vol. 46, No. 28, July 10, 2024
(Note: This section duplicates section
						77.8 
						of this Subchapter.)
(a) A registered
					 dealer is not required to obtain a license as a private service bureau in order
					 to engage in the business of assisting for hire in securing registrations or
					 titles of motor vehicles for customers who have purchased vehicles from that
					 dealer but a license as a private service bureau is required if a dealer
					 engages in the business of assisting in securing registrations or titles for
					 the general public.
(b) The
					 provisions of sections
					 77.1
					 through
					 77.6  of this
					 Subchapter shall not be applicable to such a dealer engaging in private service
					 bureau activities for customers who have purchased vehicles from that dealer.
					 Section
					 77.7  shall
					 apply to such a dealer.
(c)
(1) Special or distinctive plates. Such a
					 dealer may charge a person who purchases a vehicle from such dealer a fee for
					 assisting in obtaining or ordering a special number or distinctive license
					 plate from the Department of Motor Vehicles provided the dealer actually
					 performs the service of filing the application for the plate with the
					 Commissioner of Motor Vehicles. The fee charged by the dealer may not exceed
					 $5.
(2) Such a dealer may charge a
					 person who purchases a vehicle from such dealer a fee for assisting in securing
					 a registration and/or certificate of title for such vehicle, provided the
					 dealer actually performs the service of filing the application for title and/or
					 registration with the Commissioner of Motor Vehicles or his issuing agent. The
					 fee charged by the dealer may not exceed $175. Such fee does not include the
					 fee required to be paid to the Department of Motor Vehicles for issuance of the
					 registration or for issuance of a certificate of title, nor shall such fee
					 include the fee charged for the motor vehicle inspection of the
					 vehicle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Temporary Certificates and Dealer Plates › Section 78.20 - Issuance of temporary certificates of registration-vehicle and traffic law, section 420

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A retail dealer
					 must issue a temporary certificate of registration, form MV-TCR, to a customer
					 who has another vehicle registered or who had another vehicle previously
					 registered, who purchases a vehicle from the dealer, provided that the
					 registration of such vehicle is eligible for transfer to the purchased vehicle
					 and the number plates are appropriate. Form MV-TCR is valid for a period of 45
					 days from the date of issuance, or until the last day on which the registration
					 may be used, whichever occurs first. A wholesale dealer may not issue or obtain
					 from the department a temporary certificate of registration.
(b) A retail dealer must enter on the
					 temporary certificate the registration number of the plate to be transferred, a
					 description of the newly acquired vehicle, and the certificate must be
					 appropriately completed by the dealer and purchaser. The original certificate
					 shall be affixed to the windshield in the position designated for the
					 windshield sticker if the motor vehicle has a windshield; if not, the
					 certificate shall be delivered to the registrant who must carry it while
					 operating the vehicle. Such temporary certificate must be issued at the time of
					 the delivery of the vehicle.
(c)
					 Under no circumstances may dealers issue temporary certificates:
(1) when lending a dealer plate to a
					 customer;
(2) where the customer
					 has plates of another state;
(3)
					 when a vehicle is required to be inspected before it can be operated on the
					 public highway and the vehicle does not bear a valid inspection
					 sticker;
(4) if a bona fide sale
					 has not been made; or
(5) where the
					 certificate of sale has been checked "salvage."
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Temporary Certificates and Dealer Plates › Section 78.21 - Dealer plates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dealer
					 plates may be used for all purposes for which transporter plates may be used
					 and, in addition, they may be used for the operation of any vehicle owned or
					 controlled by the dealer and held for sale or demonstration, except:
(1) a vehicle maintained primarily for towing
					 or for transporting property;
(2) a
					 vehicle rented to another; or
(3) a
					 vehicle used to transport passengers for hire.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Temporary Certificates and Dealer Plates › Section 78.22 - Repossession of vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
Where a vehicle is repossessed, a dealer or finance
						company repossessing the vehicle must, within 24 hours after
						repossession:
(a) give notice either
					 personally or by registered mail to the owner of the vehicle;
(b) notify the law enforcement agency in the
					 locality where the repossession occurs; and
(c) deliver the number plates of vehicle to
					 the nearest district office of the 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 78 - Dealers and Transporters › Temporary Certificates and Dealer Plates › Section 78.23 - Dealer-issued temporary registration-Vehicle and Traffic Law, section 420-a

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Eligibility of dealers.
Any dealer who has been a registered retail dealer in New
						York State or any other state for at least one year may make application to the
						commissioner, on a form provided by the commissioner for authorization to issue
						temporary registrations pursuant to section 420-a  of the Vehicle and Traffic Law. The
						commissioner may waive the one-year waiting period for a dealer adding another
						dealership if the person or persons operating the business have a history of
						satisfactory participation in the dealer issued plate program within the last
						five years or for a newly licensed dealer who sells new
						vehicles.
(b)
Distribution of registration number plates to authorized dealers.
(1) Upon approval of an application submitted
					 pursuant to subdivision (a) of this section, a dealer may request a supply of
					 registration number plates on a form provided by the commissioner. Such
					 requests must be addressed to the commissioner at the location designated on
					 the request form, and each such request must be accompanied by a fee of $2 for
					 each set of registration number plates requested.
(2) The commissioner will prescribe the
					 minimum and maximum number of registration number plates which can be requested
					 by a dealer at any one time and the time at which a dealer may submit a request
					 for additional supplies of registration number plates. The number of
					 registration number plates which will be issued to a dealer will be based upon
					 the number of such plates which can reasonably be anticipated to be issued by
					 the dealer during a specific period of time. Number plates will only be issued
					 to a dealer by boxes of plates.
(3)
					 Registration number plates will be delivered by the department to the place of
					 business of the dealer. Upon delivery, the dealer must immediately forward to
					 the commissioner a receipt for the plates delivered.
(4) Boxes of registration number plates
					 should not be opened until the box is to be used. At that time the dealer must
					 examine all registration number plates in the box being opened. The dealer must
					 immediately notify the commissioner of any missing or mutilated plates or sets
					 of plates in that box. Notification should be on the letterhead of the dealer
					 and should be sent to the commissioner at the location given on the request
					 form for such plates. Mutilated plates and the remaining plate of an incomplete
					 set must be returned to the commissioner with the letter.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Records and Advertising › Section 78.25 - Record requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Record
					 of vehicles bought and sold.
(1) Dealers are
					 required to maintain a permanently bound book of registry in which shall be
					 recorded a complete description of all vehicles acquired for purpose of sale,
					 traded or sold, and shall also have recorded a record of the name and address
					 of the person from whom the vehicle was purchased, the last registration plate
					 number displayed on the vehicle and the odometer reading when the vehicle was
					 purchased. This book shall also contain the name and address of the purchaser
					 of the vehicle, the date of sale, the number of the MV-50 (certificate of sale)
					 issued, the number of the MV-53 or MV-TCR (temporary certificate of
					 registration) issued, and a record of the loan of a dealer's plate to include
					 the date upon which the plate was returned. Where the vehicle is required to be
					 inspected prior to sale, there will be entered in the book of registry the
					 sticker number and date of inspection and, the odometer reading when the
					 vehicle is sold. If the vehicle is a vehicle which requires a certificate of
					 title, the number of liens listed on the application must also be listed in
					 such book. If a temporary certificate of registration is issued, the name of
					 the purchaser's insurance company, policy number and date shall be entered in
					 the book of registry.
(2) When a
					 purchaser trades in a vehicle not subject to the certificate of title law to a
					 dealer, the registration renewal stub must be completely filled out, showing
					 the transfer of the vehicle to the dealer and must be signed at the time of
					 trade-in. If the vehicle is a titled vehicle, the certificate of title assigned
					 to the dealer at the time of trade-in must be obtained by the 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 78 - Dealers and Transporters › Records and Advertising › Section 78.27 - Dealers failing to renew or retiring from business

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dealers who fail to renew their dealer
					 registrations for the ensuing two-year period by midnight of the expiration
					 date on their current business certificates are required to surrender their
					 unused books of certificates of sale, temporary certificates of registration
					 and registration number plates issued to them pursuant to section 420-a  of the Vehicle and Traffic Law, at
					 once.
(b) Dealers who retire from
					 business must send dealer plates, registration number plates issued pursuant to
					 section 420-a  of the Vehicle and Traffic Law, and
					 certificates of registration, certificates of sale and temporary certificates
					 of registration to the Department of Motor Vehicles for safekeeping. If
					 retirement from business is temporary, plates and certificates of sale will be
					 returned to the dealer when the department has been notified that business has
					 been resumed.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Transporters › Section 78.30 - Transporters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transporter
					 plates are issued to a registered dealer and to any person, firm, association
					 or corporation engaged in a business requiring the limited operation of motor
					 vehicles in order to facilitate the delivery, repair or improvement thereof or
					 the installation of something thereon. In addition to the uses stated above,
					 transporter's plates may be used on vehicles owned by a manufacturer for
					 demonstration purposes. Included in this classification are credit and finance
					 companies, brokers, manufacturers, weighmasters, testers, automobile repair
					 shops, automobile painters, automobile body builders, automobile radio
					 installers and installers of other equipment in or on motor vehicles.
					 Transporters of vehicles from automobile factories or assembling plants are
					 also included in this classification. Transporters must submit proof that they
					 have need for such plates. A retail dealer is not required to have transporter
					 plates if the vehicle is used for any of the above purposes.
(b) Proof of insurance. Before transporter
					 plates will be issued, the applicant for such plates must present to the
					 commissioner an insurance I.D. card prescribed by the regulations of the
					 commissioner covering any motor vehicle owned or controlled by the transporter
					 and operated under a transporter plate issued to such transporter.
(c) Use of transporter plates. Transporter
					 number plates issued under this section shall be used only for the limited
					 operation of vehicles owned or controlled by the registrant for the purpose of
					 weighing, testing, dismantling, transporting or delivering the same, or for the
					 purpose of moving such vehicles in connection with making installations thereon
					 or improvements thereto, or the repossession or foreclosure thereof.
					 Transporter plates may be loaned for a period of five days to move a vehicle
					 which has been sold or leased.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Penalties › Section 78.32 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Violation of
					 any of the provisions of section 415  of the Vehicle and Traffic Law or of any
					 of the regulations herein or the submission of false or misleading information
					 to the commissioner pursuant to section
					 20.17  of
					 this Title may result in a hearing which may lead to the suspension or
					 revocation of the dealer's registration and any or all of the number
					 plates.
(b) In addition to, or in
					 lieu of, such suspension or revocation, the violation of any of the provisions
					 of section 415  of the Vehicle and Traffic Law or of any
					 of the regulations herein may result in the imposition of a civil penalty not
					 to exceed $1,000 for a first violation and for a second or subsequent violation
					 not arising out of the same incident both of which were committed within a
					 period of 30 months, a civil penalty of not more than $1,500 for each violation
					 found to have been committed; provided, however, the penalty for each and any
					 violation of paragraph (c) of subdivision 9 of section 415  of the Vehicle and Traffic Law found to
					 have been committed shall be no less than $350 and no more than
					 $1,500.
(c) No registration as a
					 dealer shall be issued for a period of one year from the date of compliance
					 with an order of revocation as a dealer if the applicant was the former holder
					 of a certificate of registration as a dealer, or a partner of the applicant was
					 the former holder of a certificate of registration as a dealer, or any officer,
					 director, or 10-percent stockholder of the applicant was an owner, partner,
					 officer, director or 10-percent stockholder of a dealer whose certificate of
					 registration was revoked. After the one-year period, issuance of a certificate
					 of registration is in the discretion of the commissioner.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Vehicles on Consignment › Section 78.40 - Vehicles on consignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 vehicle is on consignment when a dealer agrees to buy or accept transfer of
					 ownership of that vehicle from its owner only if he first succeeds in finding a
					 purchaser for that vehicle.
(b)
					 Upon accepting a vehicle on consignment, a dealer shall promptly enter the
					 acquisition in the book of registry required by section
					 78.25  of this
					 Part. A dealer shall not accept a vehicle on consignment unless the owner
					 provides a letter of consignment and proof of ownership.
(c) A letter of consignment shall identify
					 the vehicle by year, make, model and vehicle identification number, shall
					 indicate the price the vehicle owner will accept for the vehicle, and shall
					 state that the dealer has authority to sell the vehicle.
(d) A consignment ends when the vehicle is
					 sold or the owner removes the vehicle from the dealer's control.
(e) An owner shall promptly sign his title or
					 transferable registration to the dealer when the dealer tenders the contract
					 price to the owner. A dealer may request a hearing if an owner refuses to sign
					 over a title or transferable registration.
(f) A vehicle sold on consignment is a
					 vehicle sold by a dealer. Vehicle and Traffic Law, section
					 417 applies to motor vehicles sold on
					 consignment. This Part applies to all vehicles sold on consignment.
(g) Upon the sale of the vehicle on
					 consignment, or upon its return to its owner, the appropriate entries shall be
					 made by the dealer in the book of registry.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Junk Vehicles › Section 78.45 - Retail dealers selling motor vehicles as junk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a dealer is selling a junk motor
					 vehicle to another dealer, a registered vehicle dismantler or a certified scrap
					 processor, he shall give such purchaser an MV-50 marked "wholesale" along with
					 the proof of ownership.
(b) When
					 selling a vehicle as junk to a member of the general public, a dealer shall
					 present a form he had printed, called a customer's declaration, to the
					 customer. The form shall identify the vehicle by year, make, model and vehicle
					 identification number. This form must be signed by the customer before the
					 contract of sale is signed. The form shall have an original and one copy. The
					 form shall contain the following four statements:
(1) I declare that I do not intend to operate
					 this vehicle on the public highways (including public streets, avenues, roads,
					 etc.) at this time.
(2) I declare
					 that I know that I am buying a junk vehicle which is presently unsuitable for
					 operation on the public highways. I know this vehicle must pass inspection
					 before it may be registered.
(3) I
					 declare that I know that before this vehicle may be operated on the public
					 highways, it probably needs extensive repairs, the cost of which may exceed the
					 purchase price. The only guarantees about the condition of this vehicle that I
					 have are those I have in writing.
(4) I declare that I have examined the
					 vehicle and that it is described accurately; furthermore, the public vehicle
					 identification number is ________ and is on the vehicle.
The customer shall sign the form four times, once after
						each statement. The dealer shall keep the original of all customer's
						declarations stored in a safe place for a minimum of three years, after which
						he may dispose of them. Failure to obtain a customer's declaration signed after
						each statement will result in the treating of the sale as the sale of a used
						vehicle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Junk Vehicles › Section 78.46 - Paper accompanying junk vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a dealer's proof of ownership of a
					 vehicle is a form MV-907, the dealer may submit the form MV-907 and proof of
					 inspection and receive a certificate of title. Upon retail sale, the vehicle
					 must be sold as used. If a dealer's proof of ownership of a vehicle is a form
					 MV-907A, the dealer may submit the form MV-907A, form MV-82, application for
					 title, and form MV-899, application for salvage vehicle examination. The
					 appropriate fee must accompany the request. If the vehicle passes the physical
					 examination, a certificate of title will be issued. Upon retail sale, the
					 vehicle must be sold as used.
(b)
					 If a dealer purchases a vehicle whose proof of ownership is an out-of-state
					 salvage title or junk vehicle certificate or the equivalent, the dealer shall
					 promptly submit a copy of front and reverse of such proof of ownership with a
					 request for an MV-907A. The dealer must appear as the transferee of the
					 vehicle. Every vehicle obtained from an out-of-state insurance company shall be
					 treated as a salvage vehicle and the title for that vehicle shall be treated as
					 a salvage title.
(c) It is expected
					 that dealers will have need for MV-907A forms infrequently. These forms will
					 not be supplied in advance to the dealer. A dealer needing an MV-907A may
					 obtain one by submitting his proof of ownership to the Title Bureau, Department
					 of Motor Vehicles, Empire State Plaza, Albany, NY 12228. A form MV-907A will be
					 mailed back.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Junk Vehicles › Section 78.50 - Vehicles repurchased pursuant to the lemon law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the repurchase of a vehicle by its
					 manufacturer or a dealer, pursuant to section 198-a (new car lemon law) or
					 section 198-b (used car lemon law) of the General Business Law, or arbitration
					 or alternative dispute procedure, the manufacturer or dealer shall mail a
					 notice of such repurchase and the title to the vehicle to the New York State
					 Department of Motor Vehicles, Title Bureau, Empire State Plaza, Albany, NY
					 12228 within five business days after the repurchase.
(b) The manufacturer or dealer must receive
					 the title or transferrable registration from the owner as part of the
					 repurchase of the vehicle.
(c) Any
					 repurchase of a vehicle after an owner has filed, had accepted and paid all
					 fees required for arbitration shall be deemed a repurchase pursuant to General
					 Business Law, section
					 198-a or
					 198-b.
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 79.2 - Vehicles subject to inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All motor vehicles registered in this State must be inspected in accordance
				  with the provisions of this Part unless expressly excluded by subdivision (d)
				  of this section.
(b) Except as
				  provided in paragraph (3) of this subdivision, every motor vehicle (including a
				  trailer, other than a mobile home trailer) sold or transferred for use on the
				  public highways of this State by a dealer registered under section 415  of the Vehicle and Traffic Law to any
				  person other than another such registered dealer, must be inspected and bear a
				  valid certificate of inspection prior to delivery to the purchaser or
				  transferee.
(1) For the purpose of this Part,
				  motor vehicles classified as new vehicles, demonstrators, and used vehicles,
				  are vehicles which are sold or transferred for use on the public highways of
				  the State.
(2) For the purpose of
				  this subdivision, a valid certificate of inspection shall be one which was
				  issued after an inspection made within 30 days of the date of sale as indicated
				  by the date of sale on the certificate of sale (form MV-50), and prior to
				  delivery.
(3) Registered dealers do
				  not have to inspect vehicles classified on the certificate of sale, MV-50, as
				  "chassis," "FDD" (factory direct delivery), "O of S" (out of state), "junk",
				  "long-term lessee" (lease buyout), or "wholesale." Such indication should
				  appear in the inspection block on the MV-50.
(4) A motor vehicle sold to a nonresident,
				  which motor vehicle is to be immediately registered in the home state of such
				  nonresident, shall not be deemed a motor vehicle sold or transferred for use on
				  the public highways of the State and does not have to be inspected prior to
				  sale.
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 79.3 - Schedule of inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  motor vehicle and trailer registered in this State is required to be inspected
				  prior to midnight of the expiration date printed on its current inspection
				  sticker or if no expiration date is printed on the current inspection sticker,
				  then it is required to be inspected within one year from the last day of the
				  month punched. Upon the casual (non-dealer) sale or transfer of a motor
				  vehicle, any certificate of inspection issued prior to the date of the sale or
				  transfer shall be deemed invalid. Every motor vehicle and trailer must be
				  inspected upon change of registrant.
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 79.5 - Effect of certificate of inspection and effect of inspection rejection notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No motor
				  vehicle required to be inspected, as provided in this Part and the Vehicle and
				  Traffic Law, shall be operated on the public highways of the State unless a
				  valid certificate of inspection or inspection extension or a CVIS-generated
				  extension is displayed on the vehicle or can be presented.
(b) Upon failure of a vehicle to pass an
				  inspection, the owner and/or operator of said vehicle shall be provided with an
				  inspection rejection notice and shall be notified that such necessary
				  corrections or repairs may be made by a person or facility of his choice, and
				  that upon completion of such repairs the vehicle shall be submitted for
				  reinspection at any official inspection station licensed to perform the
				  required inspection.
(c)
				  [Reserved]
(d) If a vehicle subject
				  to the OBD II emissions inspection fails to pass an OBD II emissions
				  reinspection, the vehicle may be eligible for a waiver if the conditions
				  contained in section
				  79.25(a) 
				  of this Part have been met.
(e) If
				  a vehicle fails to pass a diesel emissions reinspection, the vehicle may be
				  eligible for a waiver if the conditions contained in subdivision (h) of this
				  section have been met.
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 79.6 - Inspection sticker fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  fee for a certificate representing that a vehicle has passed a safety
				  inspection is $2.
(b)
				  [Reserved]
(c) Except as modified
				  in subdivision (e) of this section, the fee for a certificate representing that
				  a vehicle has passed a combined safety and emissions inspection is
				  $6.
(d) [Reserved]
(e) The fee for a certificate representing
				  that a vehicle has passed a combined safety and diesel emissions inspection is
				  $2.
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 79.8 - Duties of licensee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  official inspection station licensee is obligated to inspect vehicles in
				  accordance with these regulations. By issuing a certificate of inspection, the
				  licensee certifies that:
(1) the brakes,
				  steering mechanism, lights and such other equipment specified by these
				  regulations have been inspected in accordance with these regulations;
				  and
(2) such equipment and
				  mechanism comply with the regulations of the commissioner.
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 79.9 - Station requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Official inspection station licenses will be issued only to reputable
				  applicants who possess the required qualifications.
(b) Space.
(1) The space requirements for official
				  inspection stations, by class of station, are as follows:
(i) Class 1 station: In a city or village
				  having a population of less than 10,000, and in an area outside a city or
				  village, in any county of the State, a minimum enclosed area of 300 square feet
				  is required.
(ii) Class 2 station:
				  In a city or village with a population of 10,000 or more, a minimum enclosed
				  area of 600 square feet is required.
(iii) Class 3 station: A motorcycle
				  inspection station must have a minimum enclosed area of 120 square
				  feet.
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 79.10 - Certificates of inspection and inspection rejection notices: procurement, credit, refunds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Official
				  inspection stations will purchase certificates of inspection from the
				  Department of Motor Vehicles. The department will furnish to official
				  inspection stations, without fee, a supply of inspection rejection notices as
				  necessary.
(b) Certificates of
				  inspection are not transferable and may be issued only by the station which
				  obtained such certificates from the commissioner.
(c) By March 1st of each calendar year, every
				  inspection station owner must return to the department all unused inspection
				  certificates from the previous year. Refunds or credits will be allowed for
				  such unused or defective certificates of inspection upon receipt of an
				  application in a form prescribed by the commissioner and surrender of the
				  certificates. A sticker returned as defective must have a legible serial
				  number. Stickers voided or damaged by an act of the inspection station or
				  inspector are not eligible for credit, except that stickers intentionally
				  voided to prevent issuance may be eligible for credit at the department's
				  discretion. Stickers may also be eligible for credit in the following cases:
(1) upon request for change of class of
				  license;
(2) upon request for
				  cancellation of a license.
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 79.11 - Issuance of certificates of inspection, issuance of inspection rejection notices, and replacements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  valid certificate of inspection, inspection rejection notice (issued by a CVIS
				  or form VS-1075), temporary certificate of emissions waiver (form VS-1078) or
				  10-day time extension certificate (form VS-1077) may be removed from a motor
				  vehicle only by an official inspection station as part of the inspection
				  procedure, except as follows. A certificate of inspection or 10-day time
				  extension certificate may also be removed by a duly authorized employee of the
				  Department of Transportation in order to inspect a motor vehicle required to be
				  inspected pursuant to State laws. A certificate of inspection or 10-day
				  extension certificate may be removed by persons authorized by the commissioner
				  when such persons are performing assigned inspection duties.
(b) Any person may remove a certificate of
				  inspection which has expired. A certificate of inspection issued without
				  compliance with these regulations may be removed by any person authorized by
				  the commissioner to do so. Any certificate of inspection, inspection rejection
				  notice, temporary certificate of emissions waiver or 10-day time extension
				  certificate which has been made invalid by reason of the casual (non-dealer)
				  sale or transfer of the vehicle must be removed by the purchaser or transferee
				  immediately upon accepting delivery of the vehicle.
(c) Replacement inspection certificates.
(1) Only the Department of Motor Vehicles may
				  issue a replacement inspection certificate for one which has been lost,
				  mutilated, stolen or destroyed. The vehicle owner may obtain a replacement
				  certificate by submitting:
(i) a statement as
				  to why a replacement certificate is necessary; and
(ii) a check for $2 made out to the
				  Commissioner of Motor Vehicles; and
(iii) the remains of the original inspection
				  certificate showing the date of expiration, the sticker serial number and the
				  mileage,
or
the CVIS generated inspection receipt,
or
the receipt portion of the inspection certificate,
or
verification from the inspection station that issued the
					 original certificate consisting of a statement on the station's letterhead
					 indicating the original certificate serial number, vehicle description, plate
					 number, date issued and mileage at the time of inspection. The inspection
					 station may charge a fee not exceeding $2 for providing this
					 verification.
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 79.12 - Required records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records.
(1) A form entitled "Motor Vehicle Inspection
				  Record" (form VS-1074, VS-1074SD, or VS-1074M) will be furnished without charge
				  to the inspection stations. This form will be used to record inspections
				  performed by the station that are not required to be kept in the appropriate
				  CVIS equipment. A new form must be started on the first day of each year. Form
				  VS-1074 must be kept in an orderly chronological manner. Such forms shall be
				  completed in accordance with the "Instructions for Completing Vehicle
				  Inspection Record," which is on the reverse of each form. The start of each
				  month must be clearly marked. The official inspection station shall keep
				  separate form VS-1074 records for each series of inspection stickers (safety,
				  motorcycle, heavy vehicle, diesel safety/emissions), that the station is
				  licensed to issue after inspection. The official inspection station shall
				  retain all VS-1074 forms in its files for two years from the date of the last
				  entry.
(2) An official emissions
				  inspection station located within the NYMA must record all safety/emissions
				  (OBD II and low enhanced), safety, motorcycle, and heavy vehicle safety
				  inspections (other than diesel-powered heavy vehicles) in the NYVIP CVIS. An
				  official emissions inspection station located within the NYMA must record the
				  results of diesel emissions and safety inspection of heavy vehicles subject to
				  diesel emissions inspection on the VS-1074SD form.
(3) An official emissions inspection station
				  located outside of the NYMA must record all safety/emissions (OBD II and low
				  enhanced), safety, motorcycle, and heavy vehicle safety inspections in the
				  NYVIP CVIS. If the official emissions inspection station located outside of the
				  NYMA is also licensed as a diesel emissions inspection station, diesel
				  emissions inspections will be recorded on the VS-1074SD form and, if the diesel
				  vehicle receives a heavy vehicle inspection, the safety portion will be
				  recorded in the NYVIP CVIS.
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 79.13 - Signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Official public
				  inspection stations are responsible for obtaining and displaying the official
				  inspection station sign. The size, shape and text of official inspection
				  station signs must conform to the following specifications and must be
				  displayed by a station licensed to inspect for the general public:
(1) An official inspection station sign must
				  be three feet wide and two feet high and made of a durable material which will
				  withstand the outdoor elements.
(2)
				  The sign may be either a single- or double-faced sign, and shall be hung or
				  mounted in such manner that it is visible to the public from outside the
				  building.
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 79.14 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An official
				  inspection station license and/or a motor vehicle inspector's certificate may
				  be suspended or revoked or renewal thereof may be refused by the commissioner
				  on one or more of the following grounds:
(1)
				  conviction of a crime involving moral turpitude, or other cause which would
				  permit disqualification from receiving a license upon the original
				  application;
(2) violation of any
				  provision of the Motor Vehicle Inspection Law (article 5 of the Vehicle and
				  Traffic Law) or of these regulations;
(3) failure to register as a repair shop, or
				  suspension or revocation of a repair shop registration (this subdivision does
				  not apply to fleet and dealer inspection stations);
(4) failure to attend a required motor
				  vehicle inspection clinic or training session.
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 79.17 - Qualifications and duties of certified motor vehicle inspectors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified motor
				  vehicle inspector qualifications. In order to obtain a certified motor vehicle
				  inspector's certificate, a person must have the following qualifications:
(1) They must be at least 17 years of age at
				  the time of filing with the commissioner an application for a motor vehicle
				  inspector's certificate.
(2) They
				  must have either:
(i) at least one year of
				  experience in repairing motor vehicles within the last five years immediately
				  preceding the date of filing an application for a motor vehicle inspector's
				  certification obtained either in a firm in the automotive industry or in an
				  approved cooperative work study program offering training in the automotive
				  field; or
(ii) a high school or
				  vocational school diploma in vocational automotive trades or college
				  certification of successful completion of first year of course toward an AAS
				  degree in automotive technology.
(3) After filing an application for a motor
				  vehicle inspector's certificate, a person must successfully complete the
				  inspector certification training program and pass a written test, covering
				  inspection procedures, authorized by the commissioner. A skills test may be
				  required at the department's discretion.
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 79.20 - Inspection procedure generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The items set forth in sections
				  79.21
				  through
				  79.28 
				  of this Part are to be inspected and the prescribed standards must be met
				  before a certificate of inspection can be issued. An inspection rejection
				  notice is to be given to the operator if the condition of any item required to
				  be inspected is found defective, unless the necessary repairs are made before
				  the motor vehicle leaves the premises of the inspection station licensee. A
				  rejection notice is NOT an extension of an expired inspection certificate with
				  the exception that a vehicle that has failed an OBD II emissions inspection may
				  be issued a rejection notice with an extension for the purpose of verifying
				  emission repairs and preparing the vehicle for reinspection, as directed by the
				  NYVIP CVIS. A receipt or invoice must be given to the motorist for the actual
				  cost of the inspection. The receipt or invoice must contain the following
				  information:
(1) date of
				  inspection;
(2) facility
				  number;
(3) certified inspector
				  number;
(4) vehicle information
				  (year, make, mileage, plate number, or VIN if the vehicle has no
				  plate);
(5) the actual fee charged
				  the motorist for the inspection;
(6) results of the inspection (pass, fail),
				  including any required advisory notifications to the motorist such as the air
				  bag warning light malfunction advisory (see section
				  79.21[k] 
				  of this Part) or the tire pressure out-of-range advisory (see sections
				  79.21[c],
				  79.27[a]
				 and
				  79.28[f] 
				  of this Part); and
(7) the
				  inspection certificate number, if the vehicle passes inspection.
If the vehicle passes an inspection at an official
					 emissions inspection station, the inspection station must give the customer the
					 motorist copy of the inspection receipt which is printed by the NYVIP CVIS. If
					 the vehicle fails the inspection, the motorist must be given the inspection
					 receipt that is printed by the NYVIP CVIS. Although the CVIS generated
					 inspection receipt satisfies the requirements of this section, the station may,
					 in addition, issue a standard receipt.
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 79.22 - Light duty trailers

Current through Register Vol. 46, No. 28, July 10, 2024
This section contains additional requirements for the
					 inspection of trailers with a maximum gross weight of 10,000 pounds or under,
					 other than semi-trailers. The vehicles subject to inspection under this section
					 are subject to procedures found in section
					 79.21(a),
					 (c), (d)(3), (d)(4), (d)(6) and (e)  of this
					 Part, in addition to the following:
Note:
If a trailer is equipped with brakes, they should be
					 checked for compliance with section
					 79.21(a).
					 However, do not reject a trailer for lack of brakes.
(a)
Hitch system.
Procedure
Reject if:
1.
Visually inspect for secure hitch.
1.
There are broken or missing bolts, broken welds, or
								any looseness in the hitch attachment.