PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of Part 79 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 301(a), (c), (d), (f), 302(a), (e), (f), 304(b) and 304-a
Subject:
Motor vehicle inspections.
Purpose:
To clarify safety and emission inspection procedures.
Substance of proposed rule (Full text is posted at the following State website: www.nysdmv.com):
This regulation clarifies the procedures related to emissions and safety inspections. The highlights are as follows:
Provides that upon the casual sale of a motor vehicle, an inspection sticker issued prior to the date of the sale shall be deemed invalid.
Provides that the MGW of a vehicle shall be the weight used for a safety inspection.
Requires an inspection station to surrender all certifications when closing a business or when suspended or revoked.
Inspection stations must keep all reports, in chronological order, for two years.
If a station inspects motorcycles, the official motorcycle sign must be displayed.
Provides for the proper placement of signs for motor vehicle inspection stations.
Allows municipalities to inspect motor vehicles owned by other municipalities.
Provides that a person applying for an inspector's license may be required to pass a skills test.
Clarifies that the inspection sticker is placed to the left of the registration sticker.
Clarifies and simplifies the provisions related to emissions inspection without making substantive revisions.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi A. Bazicki, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: hbazi@dmv.state.ny.us
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Section 301(a) of the Vehicle and Traffic Law provides that the Commissioner of Motor Vehicles shall require an annual safety inspection of every motor vehicle registered in New York State. Section 301(c) of such Law authorizes the Commissioner to establish those mechanisms and equipment subject to the safety inspection, and also requires that an inspection be made with respect to the vehicle identification number (VIN). Section 301(d) of such Law authorizes the Commissioner, in consultation with the Commissioner of the Department of Environmental Conservation, to implement a motor vehicle emissions inspection program. Section 301(f) of such Law authorizes the Commissioner to promulgate regulations necessary to implement a heavy duty vehicle inspection program. Section 302(a) of such Law provides that it shall be the duty of the Commissioner to administer the provisions of Article 5. Section 302(e) of such Law empowers the Commissioner to make reasonable rules and regulations for the administration and enforcement of Article 5 and the periods during which motor vehicles are required to be inspected. Section 302(f) provides that the Commissioner may authorize municipalities to conduct the inspections required by Article 5, if such municipality has the personnel and facilities to conduct such inspections. Section 304(b) of such Law requires the Commissioner to establish procedures for reporting the results of inspections and notifying owners. Section 304-a of such Law authorizes the Commissioner to establish standards for certified inspectors.
2. Legislative objectives: The Federal Clean Air Act of 1990 (42 U.S.C 7401 et. seq.) and the accompanying regulations at 40 CFR Part 51 require states to implement an inspection and maintenance program that conforms to such federal regulations. Article 5 of the Vehicle and Traffic Law provides that motor vehicles registered in NYS meet the State's rigorous safety and emissions inspection criteria. Over the past several years, Part 79 has been repeatedly amended to bring NYS in compliance with both the Clean Air Act and Article 5. This regulation, rather than imposing any significant new requirements, clarifies existing procedures regarding the State's safety and emissions inspection program. These revisions and clarifications, by giving better guidance to both motorists and inspection stations, will further the State's objective of clean and healthy air, and safe motor vehicles.
3. Needs and benefits: The Federal Clean Air Act of 1990 and the accompanying regulations at 40 CFR Part 51 set forth strict emissions requirements for all states. Over the past several years, the Department of Motor Vehicles has repeatedly amended 15 NYCRR Part 79 to conform to the Clean Air Act. These numerous amendments have created some confusion among both motorists and the inspection industry about the State's mandates. The primary purpose of this regulation is to clarify Part 79 to give better guidance to motorists and the industry. The regulation also clarifies the procedures and requirements related to the safety inspection process.
The following are examples of the clarifications set forth in this proposed regulation:
The inspection sticker is valid until midnight of the day printed or month punched on the sticker and, upon the sale or transfer of a motor vehicle any certificate of inspection issued prior to the date of sale or transfer shall be deemed invalid.
Provides that any municipality within a county may inspect its vehicles, other municipalities' vehicles or the county's vehicles.
Provides that a vehicle shall not be inspected if there is no VIN plate.
Clarified provisions related to the fees to be charged if a vehicle passes only a portion of the inspection, e.g., passes the safety inspection but fails the emissions inspection.
Provides that the maximum gross weight (MGW) of a vehicle is tied to the safety inspection, not the emissions inspection, which is tied to the vehicle's gross vehicle weight rating (GVWR). For the entire life of the New York annual inspection program (more than 50 years), DMV has used the MGW to determine the required inspection, to differentiate between light duty and heavy duty vehicles. This is primarily because DMV has ready access to the MGW of the vehicle, but not to the GVWR. However, the Environmental Protection Agency (EPA) uses GVWR to determine a vehicle's emissions standards, and therefore, the test that vehicle should receive. The manufacturers provide the GVWR to EPA when submitting the vehicles for certification.
With the implementation of the NY Vehicle Inspection Program (NYVIP) OBD II inspection, DMV found that many vehicles, especially heavier pickups such as the Ford F-250, had a hybrid system that had an OBD II plug but not a full OBD II emissions system. These vehicles were often registered lighter than 8500 lbs but could not pass an OBD II test. The inspection stations and inspectors were confused and motorists were upset that their vehicles failed inspection when it had passed the previous year. Adjustments were made, but they were not satisfactory because more vehicles were exempted from the emissions inspection than EPA would allow. DMV needed a better way to determine emissions requirements than using MGW by itself.
Using NYVIP inspection data, and referencing against commercial VIN-checking products, the Department of Environmental Conservation has created a reference table which is now incorporated in the NYVIP software. This reference will check an entered VIN and, whenever possible, make a determination about the required emissions test. If the software can determine that the vehicle must receive an OBD II test, then it is “locked-into” the test. If a determination cannot be made, then the inspector is allowed to make changes to obtain the correct inspection. This requirement imposes no burden on inspection stations because the NYVIP software performs all the necessary functions.
4. Costs: a. to regulated parties: There are no costs to regulated parties. This regulation imposes no new requirements that would have a fiscal impact on inspection stations.
b. cost to the State, the agency and local governments: There are no costs to the State, DMV or to local governments.
c. source: DMV's Office of Vehicle Safety.
d. cost to vehicle registrants. There are no costs to motor vehicle registrants.
5. Local government mandates: There are no new mandates imposed upon local governments.
6. Paperwork: This proposal imposes no new paperwork requirements upon regulated parties.
7. Duplication: This proposed regulation does not duplicate or conflict with any State or Federal rule.
8. Alternatives: DMV distributed the proposed regulation to several associations that represent inspection stations. We only received responses from the New York State Association of Service Station &Repair Shops, Inc. and the Greater New York Auto Dealers Association (GYNADA). We tried to accommodate their requests where possible. For example, GYNADA commented about our original proposal to amend Part 79.8(a)(12), which required inspection stations to mount or display the required sign visible “at all time from the nearest street or highway.” GYNADA explained that this would require some stations to place the sign above their showrooms away from the actual inspection area. In light of this comment, we revised the amendment to require that signs be placed “in such a manner that they are visible to the public upon entering the inspection facility.”
The industry also suggested that regulation clearly provide that if an inspection station contracts out for services, that such station is still responsible for the work performed. The industry suggested other modest clarifications that were adopted.
The associations recommended an increase in the inspection fee, particularly the safety portion which has not been raised for several years. Although the Department understands the industry's concern about fees, this regulation does not impose any new burdens or mandates upon the industry and, therefore, we do not believe that a fee increase would be justified.
9. Federal standards: The rule does not exceed the Federal emission standards set forth in the Clean Air Act of 1990 or its accompanying regulations at 40 CFR Part 51.
10. Compliance schedule: Upon adoption of the regulation.
Regulatory Flexibility Analysis
1. Effect of rule: The Department estimates that approximately 95% of the inspection stations in New York State are considered small businesses. There are approximately 11,000 (about 7,600 of which are active) licensed inspection stations in the Upstate Region of the State, and 4,400 (about 3,800 of which are active) in the New York Metropolitan Area (NYMA).
Approximately 800 political subdivisions in NYS perform their own inspections.
2. Compliance requirements: This regulation imposes no new compliance requirements. The primary purpose of the regulation is to clarify existing requirements and procedures.
3. Professional services: This regulation would not require inspection stations to obtain new professional services beyond any that they may already use.
4. Compliance costs: Since this regulation imposes no new mandates upon inspection stations, it imposes no new compliance costs.
5. Economic and technological feasibility: Since this rule imposes no new requirements upon inspection stations, there is no issue relative to economic and technological feasibility.
6. Minimizing adverse impact: This regulation merely clarifies existing procedures and imposes no significant requirements on small business. As explained in the RIS, DMV distributed the proposed regulation to several associations that represent inspection stations. We only received responses from the New York State Association of Service Station &Repair Shops, Inc. and the Greater New York Auto Dealers Association (GYNADA). We tried to accommodate their requests where possible. For example, GYNADA commented about our original amendment to Part 79.8(a)(12), which required inspection stations to mount or display the required sign visible “at all time from the nearest street or highway.” GYNADA explained that this would require some stations to place the sign above their showrooms away from the actual inspection area. In light of this comment, we revised the amendment to require that signs be placed “in such a manner that they are visible to the public upon entering the inspection facility.
The industry also suggested that regulation clearly provide that if an inspection station contracts out for services, that such station is still responsible for the work performed. The industry suggested other modest clarifications that were adopted.
The associations recommended an increase in the inspection fee, particularly the safety portion which has not been raised for several years. Although the Department understands the industry's concern about fees, this regulation does not impose any new burdens or mandates upon the industry and, therefore, we do not believe that a fee increase would be justified.
7. Small business and local government participation: See # 6 above to see the extent of DMV outreach to small businesses. In addition, over the last few years, several municipalities have contacted DMV requesting the flexibility to allow them to inspect other municipalities' vehicles. This regulation grants them such flexibility.
Rural Area Flexibility Analysis
A RAFA is not attached because this rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.
Job Impact Statement
A Job Impact Statement is not submitted with this proposal because there is no adverse on impact on job creation or development in New York State.
