S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2066
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01694-01-9

 A. 2066                             2
 
   (5)  INSPECTION  RENEWAL  NOTIFICATIONS  SHALL TAKE EFFECT ON THE DATE
 DETERMINED BY THE COMMISSIONER.
   (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.