MTV-07-10-00002-P Dealers and Transporters, Motor Vehicle Inspection and Motor Vehicle Repair Shops

2/17/10 N.Y. St. Reg. MTV-07-10-00002-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 7

February 17, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-07-10-00002-P

Dealers and Transporters, Motor Vehicle Inspection and Motor Vehicle Repair Shops

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Parts 78, 79 and 82 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a), 303(h), 398-e and 415

Subject:

Dealers and Transporters, Motor Vehicle Inspection and Motor Vehicle Repair Shops.

Purpose:

Conform regulations with statutory increase of penalties imposed to certified inspectors, repair shops and dealers.

Text of proposed rule:

Subdivision (b) of Part 78.32 is amended to read as follows:

(b) In addition to, or in lieu of, such suspension or revocation, the violation of any of the provisions of section 415 of the Vehicle and Traffic Law or of any of the regulations herein may result in the imposition of a civil penalty not to exceed $1,000 for [each] a first violation[.] and for a second or subsequent violation not arising out of the same incident both of which were committed within a period of 30 months, a sum of not more than $1,500 for each violation found to have been committed; provided, however, the penalty for each and any violation of paragraph (c) of subdivision 9 of section 415 of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,500.

Subdivision (b) of Part 79.14 is amended to read as follows:

(b) In addition to, or in lieu of, suspending or revoking an official inspection station license, the commissioner may require an official inspection station to pay a civil penalty not in excess of [$350] $750 for a first violation [for each violation] of the Motor Vehicle Inspection Law (article 5 of the Vehicle and Traffic Law) or of these regulations, and for a second or subsequent violation committed within 30 months, not arising out of the same incident, a sum of not more than $1,500 for each violation found to have been committed; provided however, the penalty for each and any violation of paragraph 3 of subdivision (e) of section 303 of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,000.

Subdivision (a) of 82.6 is amended to read as follows:

(a) The commissioner, or any person deputized by him, in addition to or in lieu of revoking or suspending the certificate of registration of a registrant in accordance with the provisions of the act or this Part, or upon finding that a registrant has been grossly negligent in the performance of any repair or adjustment covered by the act or this Part, or has grossly overcharged for such repair or adjustment, may in any one proceeding by order require the registrant to pay to the People of this State a penalty for a first violation in a sum not exceeding [$350] $750 for each violation found to have been committed, and for a second or subsequent violation not arising out of the same incident both of which were committed within a period of 30 months, be in a sum of not more than one $1,000 dollars for each violation found to have been committed; provided, however, the penalty for each and any violation of paragraph (g) of subdivision one of section 398-e of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,000 dollars, except that if a finding of financial loss is made pursuant to subdivision (b) of this section, the amount of such penalty may be increased by the amount of financial loss so found. Upon the failure of such registrant to pay such penalty within 30 days after the mailing of such order, postage prepaid, registered, and addressed to the last known place of business of such registrant, the commissioner may revoke the certificate of registration of such registrant or may suspend the same for such period as he may determine without further proceedings.

Text of proposed rule and any required statements and analyses may be obtained from:

Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Room 526, Albany, NY 12228, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Everett A. Mayhew Jr., Department of Motor Vehicles, Empire State Plaza, Room 526, Albany, NY 12228, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Part OO of Chapter 59 of the Laws of 2009, effective July 6, 2009, increased the penalties for violations for certified vehicle inspectors, inspection stations, repair shops and dealers by amending Vehicle and Traffic Law (VTL) §§ 303(h), 398-e(b), and 415(12).

This is submitted as a consensus rule because it merely conforms the commissioner's regulations to the statutory amendments.

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.