S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1542--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, KELLES, BENDETT, MANKTELOW, DeSTEFANO --
   Multi-Sponsored  by -- M. of A. FLOOD -- read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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. Subdivisions (a) and (b) of section 306 of the vehicle  and
 traffic  law, as amended by chapter 608 of the laws of 1993, are amended
 and a new subdivision (g) is added to read as follows:
   (a) The commissioner shall suspend or  prohibit  the  renewal  of  the
 registration  of  any  motor  vehicle for which a certificate or certif-
 icates of inspection has or have not been obtained as required  by  this
 article,  or  the  regulations  promulgated  thereunder, or which is not
 repaired within the period designated under SUBDIVISION (B)  OF  section
 three  hundred four OF THIS ARTICLE [(b)]; provided however, the commis-
 sioner shall waive the requirement  for  any  repairs  to  an  emissions
 system  beyond the expenditure amount permitted by federal law and regu-
 lations once the amount has been expended, AND PROVIDED FURTHER THAT THE
 COMMISSIONER  SHALL  PROVIDE  FOR  SUITABLE  NOTICE  OF   AN   IMPENDING
 INSPECTION  EXPIRATION  IN  ACCORDANCE  WITH  SUBDIVISION  (G)  OF  THIS
 SECTION. The commissioner shall provide for an appeal  from  a  determi-
 nation  related  to  a request that the repair requirement be waived. No
 such NOTICE OR waiver shall apply to classes of vehicles for which  such
 waiver  would  be  prohibited  pursuant  to  a final decree of a federal
 court.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04169-02-3
              

 A. 1542--A                          2
 
 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 PAST FIVE DAYS IT SHALL BE
 AN  AFFIRMATIVE  DEFENSE  TO  SUCH VIOLATION AND NO VIOLATION SHALL HAVE
 OCCURRED; PROVIDED, FURTHER that if the vehicle bears a  certificate  or
 certificates  of inspection which was or were valid within [the last] NO
 FEWER THAN SIX DAYS AND NO MORE THAN sixty days, such violation shall be
 punishable by a fine of not less than twenty-five nor  more  than  fifty
 dollars.
   (G)  (1)  THE COMMISSIONER SHALL NOTIFY EVERY OWNER OF A MOTOR VEHICLE
 REGISTERED IN THIS STATE THAT THEIR VEHICLE  INSPECTION  IS  SUBJECT  TO
 EXPIRATION  THIRTY  DAYS  BEFORE  SUCH  EXPIRATION.  SUCH  NOTICE MAY BE
 PROVIDED ELECTRONICALLY TO AN OWNER OF A MOTOR VEHICLE WHO HAS  AFFIRMA-
 TIVELY  CONSENTED  OR  REQUESTED  TO BE CONTACTED BY ELECTRONIC MEANS OF
 COMMUNICATION IN A FORM PRESCRIBED BY THE COMMISSIONER, OR UPON DETERMI-
 NATION THAT SUFFICIENT APPROPRIATIONS ARE AVAILABLE, BY MAILING OF  SUCH
 NOTICE  TO THE ADDRESS OF AN OWNER OF A MOTOR VEHICLE WHO HAS NOT AFFIR-
 MATIVELY CONSENTED TO COMMUNICATION BY ELECTRONIC MEANS.
   (2) THE RENEWAL NOTIFICATION  SHALL  INCLUDE  WITHOUT  LIMITATION  THE
 FOLLOWING DETAILS: (I) A BRIEF DESCRIPTION OF THE MOTOR VEHICLE THAT HAS
 AN  INSPECTION  THAT  NEEDS TO BE RENEWED, INCLUDING THE VEHICLE OWNER'S
 NAME AND RESIDENCE, TOGETHER WITH THE PLATE DESIGNATION  AND  THE  PLATE
 TYPE AS SHOWN BY THE REGISTRATION PLATES OF SUCH VEHICLE AND THE EXPIRA-
 TION  DATE;  THE  MAKE OR MODEL, AND BODY TYPE OF SUCH VEHICLE; THE NAME
 AND FACTORY NUMBER OF SUCH VEHICLE, AND SUCH OTHER FACTS AS THE  COMMIS-
 SIONER SHALL REQUIRE;
   (II)  NOTIFICATION THAT SUCH INSPECTION SHALL EXPIRE AT THE END OF THE
 CURRENT MONTH; AND
   (III) SUCH ADDITIONAL  FACTS  OR  EVIDENCE  AS  THE  COMMISSIONER  MAY
 REQUIRE IN CONNECTION WITH THE FORM OF THE NOTIFICATION.
   (3)  THE  COMMISSIONER SHALL REGISTER THE NOTIFICATIONS SENT REGARDING
 SUCH MOTOR VEHICLES AND SHALL MAINTAIN A RECORD  OF  SUCH  NOTIFICATIONS
 AND  THE ADDRESSES TO WHICH SUCH NOTIFICATIONS WERE SENT. THE PRODUCTION
 OF A COPY OF A NOTICE ISSUED BY THE DEPARTMENT, TOGETHER WITH  AN  ELEC-
 TRONICALLY-GENERATED RECORD OF ENTRY OF SUCH NOTICE UPON THE APPROPRIATE
 OWNER'S  REGISTRATION  FILE  OF  THE  DEPARTMENT  AND AN AFFIDAVIT BY AN
 EMPLOYEE DESIGNATED BY THE COMMISSIONER AS HAVING RESPONSIBILITY FOR THE
 ISSUANCE OF SUCH NOTICE ISSUED  BY  THE  DEPARTMENT  SETTING  FORTH  THE
 A. 1542--A                          3
 
 PROCEDURE FOR THE ISSUANCE AND THE MAILING OF SUCH NOTICE AT THE ADDRESS
 OF SUCH PERSON ON FILE WITH THE DEPARTMENT, INCLUDING ELECTRONIC ADDRESS
 OR  TELEPHONE  NUMBER  FOR  OWNERS  WHO  HAVE AFFIRMATIVELY CONSENTED TO
 COMMUNICATION  BY  ELECTRONIC  MEANS, SHALL BE PRESUMPTIVE EVIDENCE THAT
 SUCH NOTICE OF INSPECTION EXPIRATION WAS PRODUCED AND MAILED IN  ACCORD-
 ANCE WITH SUCH PROCEDURES.
   (4) THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AND PROCEDURES AS
 SHALL BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.