Bill Text: NY S00694 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00694 Detail]

Download: New_York-2019-S00694-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           694
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01694-01-9

        S. 694                              2
     1  to inscribe on such certificate, in the place provided  by  the  commis-
     2  sioner, a record of such change of residence.
     3    (5)  Inspection  renewal  notifications  shall take effect on the date
     4  determined by the commissioner.
     5    (6) The commissioner may promulgate such regulations as are  necessary
     6  to effectuate the provisions of this subdivision.
     7    § 2. Subdivision (b) of section 306 of the vehicle and traffic law, as
     8  amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
     9  follows:
    10    (b) No motor vehicle shall be operated or parked on the  public  high-
    11  ways  of  this state unless a certificate or certificates of inspection,
    12  as required by this article, is or are displayed  upon  the  vehicle  or
    13  affixed to the registration certificate for the vehicle as may be deter-
    14  mined  by the commissioner. The commissioner may, by regulation, provide
    15  for a temporary indicia of inspection to be placed on  a  motor  vehicle
    16  which  shall be valid as a certificate of inspection for a period not to
    17  exceed fifteen days upon the loss, theft, mutilation or destruction of a
    18  certificate of inspection. Any violation of  this  section  that  occurs
    19  while  a  motor  vehicle  is parked on the public highways of this state
    20  shall constitute a parking violation. Every agreement for the  lease  or
    21  rental  of  a  motor  vehicle  for a period of not more than thirty days
    22  shall be deemed to provide that the lessor of such vehicle shall, in all
    23  respects, be substituted for the lessee  or  any  person  operating  the
    24  vehicle  in  conformity with the lease or rental agreement in connection
    25  with any charge of violating this section,  provided  that  any  summons
    26  issued  to  the operator for violation of this section is turned over to
    27  the lessor. A violation of this subdivision shall  be  punishable  by  a
    28  fine  of  not  less  than  fifty nor more than one hundred dollars for a
    29  first offense, and by a fine of not less than fifty nor  more  than  two
    30  hundred dollars or by imprisonment for not more than fifteen days, or by
    31  both  such  fine and imprisonment, for each subsequent offense; provided
    32  however, that if the vehicle bears  a  certificate  or  certificates  of
    33  inspection  which  was  or  were  valid within the last sixty days, such
    34  violation shall be punishable by a fine of not less than twenty-five nor
    35  more than fifty dollars; provided further however, there shall be a five
    36  day grace period after the expiration of such certificate, wherein oper-
    37  ators of such vehicle shall not be found to  be  in  violation  of  this
    38  subdivision.  Such grace period shall be a complete defense to liability
    39  under this section.
    40    §  3. This act shall take effect on the first of January next succeed-
    41  ing the date on which it shall have become a law.
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