S T A T E O F N E W Y O R K
________________________________________________________________________
7844
I N S E N A T E
March 1, 2018
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
vehicle inspection renewal notification thirty days prior to expira-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 304 of the vehicle and traffic law is amended by
adding a new subdivision (d) to read as follows:
(D)(1) THE DEPARTMENT OF MOTOR VEHICLES SHALL NOTIFY INDIVIDUALS VIA
POSTAL MAIL THAT THEIR VEHICLE INSPECTION IS SUBJECT TO EXPIRATION THIR-
TY DAYS BEFORE SUCH EXPIRATION. EVERY OWNER OF A MOTOR VEHICLE WHICH
SHALL BE OPERATED OR DRIVEN UPON THE PUBLIC HIGHWAYS OF THIS STATE
SHALL, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, BE CONTACTED BY MAIL OR
OTHERWISE.
(2) THE RENEWAL NOTIFICATION SHALL CONTAIN: (A) A BRIEF DESCRIPTION OF
THE MOTOR VEHICLE THAT HAS AN INSPECTION THAT NEEDS TO BE RENEWED,
INCLUDING THE NAME AND FACTORY NUMBER OF SUCH VEHICLE, AND SUCH OTHER
FACTS AS THE COMMISSIONER SHALL REQUIRE; (B) THE NAME AND RESIDENCE,
INCLUDING COUNTY OF THE OWNER OF SUCH MOTOR VEHICLE; (C) NOTIFICATION
THAT SUCH INSPECTION SHALL EXPIRE AT THE END OF THE CURRENT MONTH; AND
(D) SUCH ADDITIONAL FACTS OR EVIDENCE AS THE COMMISSIONER MAY REQUIRE IN
CONNECTION WITH THE LETTER OF NOTIFICATION.
(3) THE COMMISSIONER SHALL REGISTER THE NOTIFICATION SENT REGARDING
SUCH MOTOR VEHICLE OR TRAILER AND MAINTAIN A RECORD OF SUCH RENEWAL
NOTIFICATIONS AND THE ADDRESSES TO WHICH SUCH NOTIFICATIONS WERE SENT.
(4) IT SHALL BE THE DUTY OF EVERY OWNER HOLDING A CERTIFICATE OF
REGISTRATION TO NOTIFY THE COMMISSIONER IN WRITING OF ANY CHANGE OF
RESIDENCE OF SUCH PERSON WITHIN TEN DAYS AFTER SUCH CHANGE OCCURS, AND
TO INSCRIBE ON SUCH CERTIFICATE, IN THE PLACE PROVIDED BY THE COMMIS-
SIONER, A RECORD OF SUCH CHANGE OF RESIDENCE.
(5) INSPECTION RENEWAL NOTIFICATIONS SHALL TAKE EFFECT ON THE DATE
DETERMINED BY THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14118-02-8
S. 7844 2
(6) THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS ARE NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
§ 2. Subdivision (b) of section 306 of the vehicle and traffic law, as
amended by chapter 608 of the laws of 1993, is amended to read as
follows:
(b) No motor vehicle shall be operated or parked on the public high-
ways of this state unless a certificate or certificates of inspection,
as required by this article, is or are displayed upon the vehicle or
affixed to the registration certificate for the vehicle as may be deter-
mined by the commissioner. The commissioner may, by regulation, provide
for a temporary indicia of inspection to be placed on a motor vehicle
which shall be valid as a certificate of inspection for a period not to
exceed fifteen days upon the loss, theft, mutilation or destruction of a
certificate of inspection. Any violation of this section that occurs
while a motor vehicle is parked on the public highways of this state
shall constitute a parking violation. Every agreement for the lease or
rental of a motor vehicle for a period of not more than thirty days
shall be deemed to provide that the lessor of such vehicle shall, in all
respects, be substituted for the lessee or any person operating the
vehicle in conformity with the lease or rental agreement in connection
with any charge of violating this section, provided that any summons
issued to the operator for violation of this section is turned over to
the lessor. A violation of this subdivision shall be punishable by a
fine of not less than fifty nor more than one hundred dollars for a
first offense, and by a fine of not less than fifty nor more than two
hundred dollars or by imprisonment for not more than fifteen days, or by
both such fine and imprisonment, for each subsequent offense; provided
however, that if the vehicle bears a certificate or certificates of
inspection which was or were valid within the last sixty days, such
violation shall be punishable by a fine of not less than twenty-five nor
more than fifty dollars; PROVIDED FURTHER HOWEVER, THERE SHALL BE A FIVE
DAY GRACE PERIOD AFTER THE EXPIRATION OF SUCH CERTIFICATE, WHEREIN OPER-
ATORS OF SUCH VEHICLE SHALL NOT BE FOUND TO BE IN VIOLATION OF THIS
SUBDIVISION. SUCH GRACE PERIOD SHALL BE A COMPLETE DEFENSE TO LIABILITY
UNDER THIS SECTION.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.