N.Y. Comp. Codes R. & Regs. tit. 15 § 79.21

Current through Register Vol. 46, No. 45, November 2, 2024

Section 79.21 - Inspection of motor vehicles

This section comprises the safety inspection or the safety portion of a safety and emissions inspection for all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, all motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except: motorcycles; those motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requests a heavy vehicle inspection; and semi-trailers. Additional safety inspection requirements for all trailers, except semi-trailers, that have a MGW, as indicated on the vehicle registration certificate, under 10,001 pounds, may be found in section 79.22 of this Part. Additional safety inspection requirements for all motor vehicles and trailers, except semi-trailers, that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, except when the registrant requests a heavy vehicle inspection, may be found in section 79.23 of this Part. The emissions inspection requirements may be found in sections 79.24, 79.25, and 79.26 of this Part.

(a)Service brake system.

Every vehicle must be tested for brake equalization after a complete inspection has been performed. Such test must be on a dry, hard, level surface, free from loose material (indoors or outdoors) or with approved brake testing equipment set to approved specifications. At least one front axle wheel must be removed for brake inspection. (Identify location of wheel removed on VS-1074 if you use this form, or on the appropriate CVIS when prompted.) However, an inspector may remove as many wheels as necessary to determine the condition of the braking system. A brake tester that has been approved by the commissioner may be used to test the vehicle's braking system in lieu of performing a brake equalization test and the requirement that a wheel be removed.

*Procedure*		*Reject if:*
1.	Brake Equalization	1.	The vehicle fails to make straight stop without significant wheel pull.
Visually Inspect Condition of Brake System
2.	Inspect wheel cylinders and calipers for leakage.	2.	Wheel cylinders or calipers leak.
3.	Inspect hoses and lines for leaks, cracks, chafing, flattened or restricted section and improper support.	3.	Hoses or lines leak, or are cracked, flattened or are insecurely fastened, copper tubing or compression fittings are used.
4.	Inspect master cylinder for leakage and reservoir fluid level.	4.	Master cylinder leaks or reservoir is not full to its designed capacity.

Note:

Visual inspection of mechanical system. It is imperative that brake system reservoir cover and the surrounding area be thoroughly cleaned before cover is removed to assure that no dirt is mixed with brake fluid.

*Procedure*			*Reject if:*
Test Pedal Reserve
5.	While the vehicle is stopped, depress brake pedal under normal foot pressure (if vehicle is equipped with power brakes, engine should be running for this test).	5.	Pedal reserve is less than 1/3 of the possible travel or less than the manufacturer's specification.
Test Brake for Fade
6.	Apply brakes, using normal foot pressure. On vehicles equipped with power brakes the engine should be running.	6.	Brake pedal does not hold its position for at least 60 seconds without fading.
Inspect Power Brake Unit
7.	With engine stopped apply brakes several times to deplete power assist in system. Depress brake pedal and while maintaining force, start engine.	7.	Brake pedal does not fall slightly under force when engine starts.
Check Condition of Drum Brake Linings
8.	Bonded linings Measure the lining thickness at the thinnest point.	8.	Thinnest point is less than 1/16 inch.
9.	Riveted linings Inspect for loose or missing rivets.	9.	Any rivets are loose or missing.
	Measure lining thickness above rivet head at thinnest point.		Lining is worn to less than 1/32 inch over any rivet head.
Check Condition of Brake Linings and Pads
10.	Inspect for audible or visual sign from disc brake wear sensors, if vehicle is so equipped.	10.	Disc brake wear sensor is activated.
11.	All linings and pads Inspect for broken or cracked linings and parts of linings not firmly attached to their mounting. Also inspect for contamination.	11.	Friction material is broken, cracked or not firmly and completely attached to its mounting. If friction surface is contaminated with oil or grease or there is metal-to-metal contact.
Brake Drums
12.	Inspect the condition of the drum friction surface for substantial cracks extending to the open edge of the drum (short hairline heat check cracks should not be considered).	12.	There are substantial cracks on the friction surface extending to open edge.
	Inspect for cracks on the outside of drum.		There are external cracks.
	Inspect for mechanical damage.		There is evidence of mechanical damage other than wear.
	Inspect for contaminated friction surface.		Friction surface is contaminated with oil, grease, or brake fluid.
Brake Rotor
13.	Inspect for substantial cracks extending to edge of rotor. Inspect for mechanical damage.	13.	There are substantial cracks extending to edge. There is evidence of mechanical damage other than wear.
	Inspect discs for any distortion or scoring that would impair braking system.		Distortion or scoring impairs the braking system.
Brake Components
14.	Visually inspect components of the braking system.	14.	There is any disconnected, improperly installed, broken, frozen, seized, bypassed, or missing component of the braking system.

Note:

An inoperative anti-lock brake system or an illuminated ABS warning light are not causes for rejection.

(b)Parking brake.

If a 1962 or older vehicle is not originally equipped with parking brake, disregard this procedure.

*Procedure*			*Reject if:*
Parking Brake Function
1.	Set the parking brake firmly. If vehicle is equipped with an "automatic parking brake release" type, that releases itself when gear selector is placed in a position other than park or neutral, omit paragraph 1 of this subdivision and inspect all other points of the parking brake.	1.	Parking or holding brake will not hold the vehicle stationary with engine running at a slightly accelerated speed with shift lever in drive position for automatic transmission or shift lever in low gear while engaging the clutch on a standard transmission.
Parking Brake Components
2.	Check parking brake components for general condition.	2.	Cable(s) are visibly frayed or frozen, or there are missing or defective cotter pins or broken or missing retracting springs or worn rods or couplings.
			There is no reserve travel in the lever or pedal when the brake is fully applied.
			The ratchet and pawl or other automatic locking device does not hold the brake position or cannot be properly released.
Parking Brake Independence
3.	Examine means by which parking brake works.	3.	Parking brake is activated by same means as service brake. Parking brake is not mechanically activated.

(c)Tires.

A vehicle which is used primarily in an authorized landfill may be equipped with foam-filled tires. Such tires would not be rejectable under paragraphs 2, 3, 4 and 5. However, the tires must be inspected for the required tread depth and restricted usages.

Note:

If a tire obviously has the required tread depth, it is not necessary to use the tread depth gauge. Use of the gauge is only required when tread depth is questionable and a reading must be obtained to determine whether or not the tire must be rejected. Do not check tread depth at tread wear indicator bar or tie bar.

*Procedure*			*Reject if:*
Tires
1.	Tire tread depth readings shall be taken in two adjacent major grooves showing the most tread wear. Readings for a tire which has the tread design running across the tire or for a siped tire where such tread design is permitted, shall be taken at or near the center of the tire. Inspect all tires mounted on vehicles (do not inspect spare tire).	1.	Any tire is worn to less than 2/32 of an inch of major tread design at the two worst adjacent points at which the gauge readings are obtained. However, the front tires of a motor vehicle, other than a trailer, with a MGW of 10,000 pounds or more, or truck tractor must not be worn to less than 4/32 of an inch of major tread design at the two points at which the gauge readings are obtained.
2.	Inspect for breaks or cuts.	2.	Tire has fabric break, or a cut in excess of one inch in any direction and deep enough to reach the body cords.
3.	Inspection for bumps, bulges or knots.	3.	Tire has visible bumps, bulges or knots indicating partial failure or separation of the tire structure.
4.	Inspect for any ply or cord structure that is exposed.	4.	Tire has any portion of the ply or cord structure exposed.
5.	Visually inspect for restricted usage marking on tires. Every tire manufactured for highway use will be labeled with one symbol DOT which indicates that the tire conforms to the applicable Federal Motor Vehicle Safety Standards.	5.	Tire is marked "not for highway use," "for farm use only," "for racing use only," "for temporary use only," or other markings having like meaning or the tire size designation is preceded by a "T."
Wheel Fasteners
6.	Inspect for number and condition of wheel fasteners.	6.	Any wheel fastener is missing or broken.
7.	Check tire pressure.	7.	Advise customer if tire pressure is not within range recommended by vehicle manufacturer. Note: Tire pressure check is an advisory only, do not reject the vehicle. The customer must be notified in writing.

(d)Steering, suspension, front end and chassis/frame.

*Procedure*			*Reject if:*
Steering Wheel Free Play
1.	For vehicles equipped with power steering, the engine must be running and the fluid level, belt tension and condition must be adequate before testing.	1.	Steering wheel movement exceeds: Power Steering: 2 inches free play Manual Steering: 3 inches free play
	With front tires in straight ahead position, turn steering wheel until motion can be detected at the front tires. Align a reference mark on steering wheel with a mark on a ruler and slowly turn steering wheel in the opposite direction until motion can again be detected at the front tires. Measure free play at steering wheel.
Steering Linkage
2.	Turn steering wheel to extreme right or left positions to determine if there is any binding or interference (on vehicles equipped with power steering, engine must be running). With vehicle raised, visually inspect steering linkage and front end components for excessive wear and/or looseness.	2.	There is any tightness, binding or interference when turning the steering wheel completely to the right or left. There is excessive wear and/or looseness in any of the following parts: wheel bearings, upper and lower cross shaft and bushing, upper and lower outer pins and bushings, idler arm, center control arms, tie rod ends, drag link ends, steering and pitman arms, gear box mounting, rack and pinion mounting, steering column mounting or steering wheel shaft mounting; the coupler or universal between gear box and steering column is frayed or cracked; the adjustable column lock or latch does not hold column securely; the steering or shock damper displays visible leakage or is missing or broken.
Spring and Torsion Bars
3.	Inspect general condition of springs and torsion bars.	3.	Any front or rear springs or air springs, if equipped, are noticeably sagging or broken or if spring shackles are excessively worn or loose. Any torsion bar or stabilizer bar, including mechanical linkage is broken, disconnected, missing or bent.
4.	Visually inspect chassis/frame or primary uni-body member for general condition.	4.	(i) The front wheels are visually out of line.
			(ii) Any axle or front end assembly is bent or twisted.
			(iii) Chassis/frame or primary uni-body member is severely rusted at suspension attachment points.
			(iv) Bolts or rivets are loose, missing or in a deteriorated condition due to rust.
			(v) Chassis/frame or primary uni-body member is cracked or broken.
Power Steering System
5.	Inspect for power steering operation, leakage and condition of belts.	5.	System does not work, there are visible leaks, or the power system belt is loose, V- belt(s) is cracked or fraying. Flat serpentine belt(s) - is "chunking" (ribs missing) in the micro V area, flat outer surface is cracked, belt is fraying.
	Note: Small cracks in the micro V ribs, of a serpentine belt are not reason for rejection.
Shock Absorbers
6.	Visually inspect for broken or missing shocks and any loose or broken mounting brackets and bolts.	6.	Shock absorbers are missing on a vehicle originally equipped with them or are broken. Mounting bolts or mounts are broken or loose.

Note:

A leaking shock absorber or MacPherson strut is not cause for rejection.

(e)Lighting and reflectors.

The following are the only lights that must be inspected:

Low beam headlamps (operation only).

High beam headlamps (operation only).

Tail lamps.

Stop lamps.

Directional signals.

Traffic hazard warning lights (four-way flashers).

Backup lights.

Number (license) plate lamp(s).

Do not reject a vehicle for the condition or operation of any of the following:

Side marker lights (under 80" in width).

Any exterior headlamps, spotlights, fog lights, etc., added on to vehicle, as long as the headlights may be operated independently from such lights.

Note:

Additional signal lights on side mirrors or marker lights that blink (with the turn signals) are not required turn signals, and the vehicle must not be rejected for the condition or operation of such lights.

*Procedure*			*Reject if:*
Headlamps
1.	All vehicles must be equipped with an approved headlamp system.	1.	Headlamps are not of an approved type.
			Lens is missing, broken (piece missing), or has a crack that results in an opening.
	Visually check operation of high and low headlamps. (Not required on trailers)		Any filament in headlamp unit fails to light properly. Lights can be moved easily by hand due to a broken fender or loose support, or if a good ground is not made by mounting.
			Foreign material is placed on headlamps that interferes with light beam of lamp (such as shields, painted lens, etc.).
	Note: Modification of an original headlamp system must result in the replacement with a complete approved system.
2.	Visually inspect only the following for proper operation and condition:	2.	Lamps are not securely mounted or do not produce a steady light with switch on or brake applied. Lamps do not operate properly in all switch positions.
	Minimum Lighting		(a) Lamps are not of an approved type.
			(b) Any lens is missing, broken (piece missing), or has a crack that results in an opening or improperly fit so that light is being emitted.
			(c) Vehicle is not equipped with minimum lighting requirements for its model year.
			(d) Any lens has been repaired with unapproved material.
	1952 and older model vehicles:
	REAR
	at least one red tail lamp
	at least one red or amber stop lamp
	1953 and newer model vehicles:
	FRONT
	at least two amber directional signals (Not required on trailers)
	REAR
	at least two red or amber directional signals
	at least two red tail lamps
	at least two red stop lamps (1971 or older models, red or amber)
	at least one white backup lamp (1969 and newer) (Not required on trailers)
	at least one license plate lamp
3.	Every motor vehicle equipped with directional signals must also be equipped with an indicator lamp.	3.	Interior indicator lamp does not function properly. (If vehicle has an exterior indicator lamp only, check for proper operation.)
4.	1966 and newer vehicles must be equipped with a traffic hazard warning device (four-way flasher).	4.	Not properly equipped with a traffic hazard warning device which operates independently of ignition or directional signal switches.
5.	Supplementary lighting. Any exterior headlamps, spotlights, fog lights, etc., added to those originally placed on the vehicle by the manufacturer must be operated on a switch or switches separate from the headlamp switch.	5.	Add-on exterior lights are not on a switch separate from the headlamp switch.
6.	1987 and newer passenger cars must be equipped with a high-mounted stop lamp on the vertical centerline, except those with custom as the make of the vehicle.	6.	Not equipped with a high-mounted stop lamp on the vertical centerline. Stop lamp is not of an approved type, is not securely mounted, does not function when brake is applied, has a broken lens allowing white light to be visible from the rear of the vehicle, or has any material such as tape, cellophane or plastic on or over the lens. All stop lamp bulbs of original equipment must light.
7.	Every motor vehicle must have a rear number (license) plate lamp. When multiple bulbs were original equipment, all must be present and operational.	7.	Rear number (license) plate lamp is not of an approved type, is not securely mounted or does not illuminate when the tail lamps are turned on.
8.	In addition to the lighting required in paragraph 2 of this subdivision, vehicles 80" or more in width must have the following:	8.	Lamps are not securely mounted or do not produce a steady light with switch on or brake applied. Lamps do not operate properly in all switch positions. Lamps are not of an approved type, or any lens is broken, missing, or improperly fit so that light is emitted without passing through the lens.
	FRONT
	Two amber clearance lamps
	One amber identification lamp (three-lamp cluster) (Not required on trailers)
	EACH SIDE
	One amber side marker
	One red side marker
	One amber Class A reflector
	One red Class A reflector
	REAR
	Two red clearance lamps
	One red identification lamp (three-lamp cluster)

Note:

Historical vehicles lighting. In lieu of inspecting headlamps and tail lamps on a vehicle registered as "Historical," and bearing Historical plates, you may accept a Form VS-18 affidavit from the owner or operator certifying that the vehicle is only operated during the daylight hours.

(f)Windshield and other glass.

Every 1935 or newer vehicle must be equipped with a windshield, except trailers. All must be inspected. A star is considered to be a bruise from which multiple cracks extend, such as a "stone bruise," shot, etc.

*Procedure*			*Reject if:*
Approved Glass
1.	Inspect windshield and other windows on vehicle for presence of approved safety glazing.	1.	Vehicle is not equipped with a windshield.
			Any 1935 or newer model year vehicle is not equipped with approved safety glass with an AS-1, AS-10 or AS-14 rating in the windshield or an AS-1, -2, -3, -10 or -11 rating in the windows to the left, right and rear of the driver.
			Any 1935 or newer model year vehicle is not equipped with approved safety glass or rigid plastic, if plastic is used, with an AS-1, -2, -3, -4, -5, -10 or -11 rating in any rear window on a convertible, pickup truck or light-duty truck.
Cracks
2.	Inspect windshield and other windows for cracks or sharp edges.	2.	Windshield or other window is broken or has exposed sharp or jagged edges.
	Windshield Only:
			Any "star" larger than three inches in diameter is located in any area of the windshield.
			There is a crack more than 11 inches long, any part of which extends into the path of the windshield wiper(s).
Window Tint
	Note: If a windshield or a window, through observation, clearly meets the required visible light transmittance standard, it is not necessary to use the tint meter. Vehicles displaying a valid MV-80W.2 "Exempt Tinted Windows" sticker need not be inspected for window tint.
3.		3.
	Model year 1991 or older vehicles:
	(a) Inspect the windshield for proper visible light transmittance.		(a) Any part of the windshield below the top 6 inches allows less than 35% visible light transmittance.
	(b) Inspect all side windows adjacent to or forward of the driver's seating position for proper visible light transmittance.		(b) Any part of the window allows less than 35% visible light transmittance.
	(c) Inspect the rear window of any vehicle that is not equipped with dual outside rearview mirrors for proper visible light transmittance.		(c) Any part of the rear window allows less than 35% visible light transmittance.
	Model year 1992 or newer vehicles:
	(d) Inspect the windshield for proper visible light transmittance.		(d) Any part of the windshield below the top 6 inches allows less than 70% visible light transmittance.
	(e) Inspect all side windows adjacent to or forward of the driver's seating position for proper visible light transmittance.		(e) Any part of any side window adjacent to or forward of the driver's seating position allows less than 70% visible light transmittance.
	(f) Inspect all side windows to the rear of the driver's seating position on any vehicle classified as "Passenger Car" on the FMVSS certification label for proper visible light transmittance.		(f) Any part of any side window to the rear of the driver's seating position on any vehicle classified as "Passenger Car" on the FMVSS certification label allows less than 70% visible light transmittance.
	(g) Inspect the rear window of any vehicle that is not equipped with dual outside rearview mirrors for proper visible light transmittance.		(g) Any part of the rear window allows less than 70% visible light transmittance.

(g)Mirrors.

*Procedure*			*Reject if:*
Location and Mounting
1.	Inspect mirrors for proper location and mounting.	1.	(a) 1967 and older model not equipped with at least one mirror, either an interior or left outside mirror.
			(b) 1968 and newer model not equipped with a left outside mirror.
			(c) 1970 and newer model not equipped with an adjustable interior mirror in addition to the left outside mirror, unless the vehicle is equipped with dual outside mirrors.
			(d) Truck-tractor does not have both a left and right outside rear view mirror.
			(e) There is no left and right outside mirror on a vehicle with a permanent obstruction of the rear window.
			(f) Any mirror cannot be properly adjusted to provide a clear and full view of the rear.
			(g) Any mirror is not securely mounted.
Cracks - Broken - Discoloration
2.	Inspect reflecting surface for any cracks, breaks or discoloration.	2.	Any mirror is cracked, broken or discolored.

Note:

Vehicles with mirrors that are not subject to section (1) are to be inspected and rejected if the mirror is cracked, broken or discolored, unless the mirror and housing are completely removed from the vehicle.

(h) [Reserved]

(i)Windshield wipers.

Windshield Wipers
	Note: Rear window wipers are not part of inspection.
1.	Visually inspect for presence of windshield wipers or wiper.	1.	Vehicle is not equipped with the number of wipers with which it was originally equipped.
Windshield Wiper Operation
2.	Inspect for satisfactory operation and condition of wiper blades.	2.	Any wiper is inoperative, does not operate freely, or is improperly adjusted.
			Any wiper blade has dead, torn or badly worn rubber or if material other than the rubber wiper blade comes in contact with windshield.
			Any wiper controls are located beyond the reach of the driver so that he cannot readily operate it without having to move from his normal driving position.

(j)Horn.

*Procedure*			*Reject if:*
Horn
1.	Inspect for presence of horn and operation.	1.	Vehicle is not equipped with at least one horn which shall produce a sound sufficiently loud to serve as a danger warning.
			Horn is not securely fastened to the vehicle.
			Horn button or actuating device does not work properly or is not within easy reach of the driver.
2.	Bulb- or hand-operated horn is acceptable if vehicle was originally equipped with such.

(k)Seat belts.

*Procedure*		*Reject if:*
1.	Inspect for the required number of seat belts.	1.	(i) 1965 to 1968 models, not equipped with at least two safety belts for the front seat.
			(ii) 1967 and 1968 models, not equipped with at least one safety belt for rear seat for each passenger for which the rear seat of such vehicle was designed.
			(iii) 1969 or newer model, not equipped with at least one safety belt for each passenger seat position.
2.	Check seat belt function by buckling seat belts, tugging on them and unbuckling them.	2.	(i) Any seat belt cannot be buckled. (ii) Any seat belt is pulled out of its anchors or was not anchored at the start of the inspection.
			(iii) Any seat belt unbuckles when tugged.
			(iv) Any seat belt cannot be unbuckled.
			(v) Any automatic adjuster does not recoil.
			(vi) Any motorized belt does not activate when the front door is closed and the ignition is turned on.
			(vii) Any motorized belt does not release when the door is opened and the ignition is turned off.
3.	On 1998 and newer models, inspect the inflatable restraint system readiness indicator light (air bag warning light). The light should illuminate when the key is turned on, and should go out within a few seconds of starting the engine.	3.	On 1998 and newer models advise the motorist on the invoice or inspection receipt if the warning light does not illuminate, or indicates a problem in the restraint system by remaining illuminated with the engine running. Do not reject.

(l)Fuel leaks.

*Procedure*		*Reject if:*
1.	Check the fuel system, including the fuel tank and lines, for leaks, including auxiliary heating or refrigeration units.	1.	Any leak is found in any fuel system, tank or lines to such a degree as to cause dripping or pooling of fuel.
2.	Compressed Natural Gas (CNG), Liquefied Petroleum Gas (LPG) or Liquefied National Gas (LNG) fuel systems.	2.	Any fuel leakage from the CNG, LPG or LNG system detected audibly, visually or by smell.

Note:

Some brief fuel leakage, water vapor at the fittings, or decompression may occur during refueling, causing temporary frosting of CNG of LPG fuel system parts. If the vehicle has been refueled shortly before inspection, care must be taken to distinguish these temporary occurrences from actual leaks. Also, in hot weather some condensation on the system is normal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.21

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017