Establishes that the department of motor vehicles shall notify individuals via postal mail that their vehicle inspection is subject to expiration thirty days before such expiration; provides for a five day grace period after the expiration of the vehicle inspection certificate wherein operators of such vehicle shall not be fined.
STATE OF NEW YORK
________________________________________________________________________
11238
IN ASSEMBLY
June 15, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
read once and referred 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:
1 Section 1. Section 304 of the vehicle and traffic law is amended by
2 adding a new subdivision (d) to read as follows:
3 (d)(1) The department of motor vehicles shall notify individuals via
4 postal mail that their vehicle inspection is subject to expiration thir-
5 ty days before such expiration. Every owner of a motor vehicle which
6 shall be operated or driven upon the public highways of this state
7 shall, except as otherwise expressly provided, be contacted by mail or
8 otherwise.
9 (2) The renewal notification shall contain: (A) a brief description of
10 the motor vehicle that has an inspection that needs to be renewed,
11 including the name and factory number of such vehicle, and such other
12 facts as the commissioner shall require; (B) the name and residence,
13 including county of the owner of such motor vehicle; (C) notification
14 that such inspection shall expire at the end of the current month; and
15 (D) such additional facts or evidence as the commissioner may require in
16 connection with the letter of notification.
17 (3) The commissioner shall register the notification sent regarding
18 such motor vehicle or trailer and maintain a record of such renewal
19 notifications and the addresses to which such notifications were sent.
20 (4) It shall be the duty of every owner holding a certificate of
21 registration to notify the commissioner in writing of any change of
22 residence of such person within ten days after such change occurs, and
23 to inscribe on such certificate, in the place provided by the commis-
24 sioner, a record of such change of residence.
25 (5) Inspection renewal notifications shall take effect on the date
26 determined by the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14118-02-8
A. 11238 2
1 (6) The commissioner may promulgate such regulations as are necessary
2 to effectuate the provisions of this subdivision.
3 § 2. Subdivision (b) of section 306 of the vehicle and traffic law, as
4 amended by chapter 608 of the laws of 1993, is amended to read as
5 follows:
6 (b) No motor vehicle shall be operated or parked on the public high-
7 ways of this state unless a certificate or certificates of inspection,
8 as required by this article, is or are displayed upon the vehicle or
9 affixed to the registration certificate for the vehicle as may be deter-
10 mined by the commissioner. The commissioner may, by regulation, provide
11 for a temporary indicia of inspection to be placed on a motor vehicle
12 which shall be valid as a certificate of inspection for a period not to
13 exceed fifteen days upon the loss, theft, mutilation or destruction of a
14 certificate of inspection. Any violation of this section that occurs
15 while a motor vehicle is parked on the public highways of this state
16 shall constitute a parking violation. Every agreement for the lease or
17 rental of a motor vehicle for a period of not more than thirty days
18 shall be deemed to provide that the lessor of such vehicle shall, in all
19 respects, be substituted for the lessee or any person operating the
20 vehicle in conformity with the lease or rental agreement in connection
21 with any charge of violating this section, provided that any summons
22 issued to the operator for violation of this section is turned over to
23 the lessor. A violation of this subdivision shall be punishable by a
24 fine of not less than fifty nor more than one hundred dollars for a
25 first offense, and by a fine of not less than fifty nor more than two
26 hundred dollars or by imprisonment for not more than fifteen days, or by
27 both such fine and imprisonment, for each subsequent offense; provided
28 however, that if the vehicle bears a certificate or certificates of
29 inspection which was or were valid within the last sixty days, such
30 violation shall be punishable by a fine of not less than twenty-five nor
31 more than fifty dollars; provided further however, there shall be a five
32 day grace period after the expiration of such certificate, wherein oper-
33 ators of such vehicle shall not be found to be in violation of this
34 subdivision. Such grace period shall be a complete defense to liability
35 under this section.
36 § 3. This act shall take effect on the first of January next succeed-
37 ing the date on which it shall have become a law.
