§ 301. Periodic inspection of all motor vehicles. (a) The commissioner
shall require that every motor vehicle registered in this state be
inspected once each year for safety, and at least biennially for
emissions as provided for pursuant to paragraph two of subdivision (d)
of this section, and in accordance with the provisions of this article,
and that every motor vehicle sold or transferred for use on the public
highways of this state by a dealer registered under section four hundred
fifteen of this chapter to any person other than another such registered
dealer or transferred for no remuneration by such a registered dealer to
any person other than to a welfare to work program authorized by the New
York state department of labor, a private industry council, a county or
a social services district for the sole use of public assistance
recipients or applicants participating in the welfare to work program to
which such vehicle is transferred must be inspected and bear a valid
certificate or certificates of inspection prior to delivery to the
purchaser or transferee. Provided, however, that nothing contained
herein shall be deemed to exempt any motor vehicle so transferred to a
welfare to work program pursuant to the provisions of this subdivision
from being inspected in accordance with the provisions of this section
or from complying with all other applicable provisions of this chapter,
including registration and financial security, prior to operation on any
public highway.

(b) The commissioner shall also require the inspection of any motor
vehicle duly registered under the laws of another state, a province of
Canada, a territory or a federal district to the extent to which such
state, province, territory or federal district requires the inspection
of motor vehicles duly registered under the laws of this state.

(c) (1) (a) A safety inspection shall be made with respect to the
brakes; steering mechanism; wheel alignment; lights, including but not
limited to the lights which are designed and placed on a vehicle for the
purpose of illuminating the vehicle's license plates; odometer; tire
pressure; seat safety belts; shoulder harness safety belts; any window
which is composed of, covered by or treated with any material which has
a light transmittance of less than seventy percent pursuant to section
three hundred seventy-five of this title and such other mechanisms and
equipment as shall be determined by the commissioner to be necessary for
proper and safe operations. Such inspection shall also be made with
respect to vehicle identification number. Upon inspection, the mileage
appearing on the odometer shall be recorded upon the inspection sticker.

(b) In the case of any passenger car manufactured on or after
September first, nineteen hundred ninety-seven, during the course of the
vehicle safety inspection, the readiness of the inflatable restraint
system, by means of the readiness indicator, shall be noted on the
invoice supplied to the consumer. The system's lack of readiness shall
not be considered grounds for the vehicle to fail the safety inspection
provided for in subparagraph (a) of this paragraph.

(2) Such inspection may also include a visual inspection prescribed by
the commissioner to determine the presence and correct installation of
any air contaminant emission systems or devices which are required by
state or federal law or any rules or regulations pursuant thereto;
provided that for any vehicle not subject to an emission inspection
pursuant to subdivision (d) of this section, such visual inspection
shall be performed.

(3) Improper tire pressure shall not be reason for failure of the
inspection.

(d) (1) The commissioner, in consultation with the commissioner of
environmental conservation, shall implement a program of motor vehicle
emissions inspections with respect to any motor vehicles or class of
motor vehicles which are required by federal law or any rules or
regulations issued pursuant thereto or by any state law or any rules or
regulations issued pursuant thereto, including rules and regulations
issued by the department of environmental conservation, to meet
standards applicable to the emission of any kind of substance by such
vehicles or engines or to contain any equipment, systems or design
features to reduce such emission. The commissioner shall establish
regulations for such inspections. Such regulations shall include
provision for cooperating with the commissioner of environmental
conservation to notify owners of vehicles that have failed emission
inspections of the availability of mobile source emission reduction
credit trading programs pursuant to section 19-0301 of the environmental
conservation law.

(2) Such inspection shall be performed biennially; provided however
that the commissioner may require emission inspections more frequently
than biennially if the commissioner of environmental conservation, in
consultation with the commissioner, makes a determination that more
frequent emission inspections are necessary to comply with federal
requirements or a court order; and provided that an emission inspection
program in operation prior to nineteen hundred ninety-three shall
continue to require emission inspections at least annually until January
first, nineteen hundred ninety-six.

(3) Such inspection shall be performed at a facility that only
performs inspections if the commissioner of environmental conservation,
in consultation with the commissioner, makes a determination that such
restriction is necessary to meet federal requirements. In no event shall
any facility operating pursuant to a contract with the commissioner,
entered into pursuant to subdivision (a) of section three hundred three
of this chapter, be allowed to perform repairs; provided however, that
such a facility shall be allowed to perform repairs at no charge that
are incidental to the inspection process.

(4) The commissioner shall establish an emission system repair
training program, for purposes of enhancing the quality and reliability
of emission system repair services available from official repair
stations in all areas where emission inspections are required under this
section.

(e) The requirements of air contamination emission system inspection
shall not apply to historical motor vehicles registered pursuant to
schedule G of subdivision seven of section four hundred one of this
chapter unless required by federal law.

(f) The department is authorized, in consultation with the departments
of environmental conservation and transportation, to adopt rules and
regulations necessary to implement a heavy duty vehicle inspection
program pursuant to section 19-0320 of the environmental conservation
law and implement such program by June first, nineteen hundred
ninety-nine.