N.Y. Comp. Codes R. & Regs. tit. 15 § 79.15

Current through Register Vol. 46, No. 43, October 23, 2024

Section 79.15 - Official fleet and dealer inspection stations

(a) Portable fleet stations. An official inspection station license (fleet) may be issued to a person, association or corporation owning or leasing more than 250 motor vehicles registered in the State of New York, permitting the licensee to establish an inspection station of a portable nature. Such a portable station may make inspections of motor vehicles owned or leased by such person, association or corporation, at locations in New York State-owned or controlled by the licensee, in addition to the official location listed on the station's license. The official location must have space and equipment sufficient to perform inspections on any vehicle that the station is licensed for. Any remote location must have space and equipment sufficient for any inspection performed at that location. The location listed on the station's license shall be considered the official station location, and will be the place where the records, required testing equipment, and certificates of inspection will be required to be kept, except when inspections are actually being made at another location.

(b) Trailer only dealer stations. Dealers registered under section 415 of the Vehicle and Traffic Law, engaged in the business of selling trailers may qualify for an official inspection station license (dealer) restricted to the inspection of only this type of vehicle. Such a license may be issued without the necessity for enclosed space as required in section 79.9(b) of this Part, except that office space must be available on the premises for the safekeeping of inspection records and other items required by this Part. Such a dealer would be restricted to the inspection of light duty trailers with a gross weight of 10,000 pounds or under, as required by section 79.22 of this Part. If the dealer wishes to inspect trailers with a gross weight of more than 10,000 pounds, the required enclosed space must be maintained and those trailers must be inspected inside the premises.

(c) Fleet stations.

(1) Any person, association or corporation, having registered in his or its name more than 25 motor vehicles, and any State agency or political subdivision having registered in its name more than five vehicles, may qualify for a license as an official inspection station (fleet). A person, association or corporation licensed as an official fleet inspection station may inspect only those motor vehicles registered in his or its name, those leased for a period greater than 30 days, and those motor vehicles owned by his or its employees. A State agency or political subdivision licensed as an official fleet inspection station may inspect only those motor vehicles registered in its name, those leased for a period greater than 30 days, and those motor vehicles registered in the name of any State agency or political subdivision. Any fleet inspection station that is exempt from payment of fees for inspection certificates under the provisions of subdivision (b) of section 305 of the Vehicle and Traffic Law may not inspect motor vehicles owned by its employees. An official inspection station (fleet or dealer) may only inspect those vehicles it is qualified to inspect. In addition, a State agency or political subdivision licensed as an official fleet inspection station that offers to inspect motor vehicles that are registered to other State agencies or political subdivisions is required to verify that the motor vehicles are registered to another State agency or political subdivision is required to verify that the motor vehicles are registered to another State agency or political subdivision. A fleet inspection station may contract to provide inspection personnel at the fleet license facility, provided only certified inspectors perform inspections. The fleet inspection station will remain responsible for all inspections. For the purposes of this Part, a political subdivision may include, but is not limited to: a county; a city; a village; a town; a school district; a fire district; a county extension service association; or a public improvement district.

(2) A fleet inspection station license may be issued to a facility located outside New York State if all the following conditions are met:

(i) the applicant has at least one fleet inspection station located in New York;

(ii) the applicant has at least 25 motor vehicles registered in New York;

(iii) the applicant agrees to pay the travel expenses of Department of Motor Vehicles employees who are assigned to inspect, investigate or examine the facility or its records, or train its employees; and

(iv) the applicant agrees to abide by article 5 of the Vehicle and Traffic Law and these regulations.

(3) A fleet inspection station licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection. A person, association or corporation licensed as an official fleet inspection station may be exempted from this requirement if the station can demonstrate that it has more than 25 Group 1A vehicles in its fleet that are not subject to emissions inspection. A State agency or political subdivision licensed as an official fleet insepction station may be exempted from this requirement if the station can demonstrate that it has more than five vehicles in its fleet that are not subject to emissions inspection. If a fleet inspection station is exempted from purchasing the CVIS, any vehicle in the fleet subject to emissions inspection must then be inspected at another facility licensed and equipped to perform the proper inspection.

(d) For parent and subsidiary corporations or separate entities where there is common ownership and management, common space, equipment and personnel may be used to qualify more than one fleet licensee or to qualify one location for a common license for both the parent and subsidiary corporation or separate entities with common ownership and management, provided the total number of vehicles registered in the name of the parent and subsidiary corporations, or the names of the separate entities, exceeds 25.

(e) Dealers registered under section 415 of the Vehicle and Traffic Law, holding motor vehicles for sale or demonstration, who qualify for a license as an official inspection station (dealer), may inspect only those vehicles held by them for sale or demonstration and those motor vehicles owned by their employees.

(f) An official inspection station (fleet or dealer) is subject to all rules and regulations governing the official inspection stations, except:

(1) it need meet only the space requirements for a class 1 station (see section 79.9[b] of this Part);

(2) no official inspection station sign shall be displayed by such a station;

(3) no schedule of fees need be filed with the application for such a station, nor need a schedule of inspection charges be posted within the station;

(4) [Reserved]

(5) an official inspection station (fleet or dealer) is not required to maintain inspection rejection notices (form VS-1075), unless it inspects employee vehicles or is a State agency or political subdivision licensed as an official fleet inspection station that offers inspections to other State agencies or political subdivisions;

(6) an official inspection station (fleet or dealer) need not register as a repair shop; and

(7) in those instances where such rules and regulations are inconsistent with the provisions of this section, this section controls.

(g) An official inspection station (fleet or dealer) is subject to all additional requirements applicable to official emissions inspection stations, unless the official inspection station (fleet or dealer) is restricted to the inspection of certain classes of vehicles. Official inspection stations (fleet or dealer) can be restricted to the inspection of (1) trailers, (2) motorcycles, (3) trucks with a maximum gross weight over 18,000 pounds, (4) vehicles with a maximum gross weight over 8,500 pounds, (5) diesel-powered vehicles, and (6) any vehicle exempt from the emissions inspection requirement. In addition, an official inspection station fleet or dealer license can be restricted to the inspection of any combination of these or other classes of vehicles. An official inspection station (fleet or dealer) is only required to have and maintain equipment necessary to inspect the classes of vehicles it is restricted to inspect, unless the station also inspects employees' vehicles, in which case the station must have the same equipment required of a public station. An official inspection station (fleet) of a local government located in the NYMA must provide for the emissions inspection of vehicles for which such inspection is required in a manner consistent with these regulations and any modifications of the procedure used for emissions inspection within official inspection stations (fleet) of a local government must be approved in writing by the commissioner.

(h)

(1) The commissioner may issue a restricted public inspection license to an education facility, certified by the State Education Department, after the required investigation. The facility would be restricted to inspecting the following vehicles:

(i) vehicles owned by the education facility;

(ii) vehicles owned by the faculty;

(iii) vehicles owned by the students; and

(iv) vehicles owned by the student's immediate family.

(2) The students will be permitted to conduct the required inspections under the supervision of a certified inspector.

(3) The facility will be exempt from all fees and will not be permitted to charge for the inspection.

(4) The facility will be subject to the same requirements as any other public inspection station, except that:

(i) they will not be permitted to display the official inspection station sign; and

(ii) they will not have to apply for registration as a repair shop.

(5) The facility will be issued a license for only one inspection location.

(6) An education facility licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.15