Operating An Uninspected Motor Vehicle In New York – VTL 306

by Adam Rosenblum on January 21, 2013

Life can get pretty busy, so for many drivers one of the last things on your mind is making sure your car has been inspected.  In New York if you are a car owner you are required to have a safety and emissions inspections once every year.  The inspection must be done before the expiration date that is listed on your current inspection sticker and whenever there is a transfer in ownership of the vehicle.  States across America require that vehicles are regularly inspected to make sure that vehicles are both safe and do not contribute to air pollution.

In 1990 New York began a campaign known as “Drive New York Clean” under the Federal Clean Air Act which requires New York State to conduct an inspection program to help reduce harmful emissions from most gasoline-powered passenger cars and light-duty trucks. The emissions inspection is done at the same time as the annual safety inspection. Vehicles that fail the emissions inspection may not be able to become registered or, if already registered, the registration may not be renewed.

Regular inspections not only help in overall air quality but ensure motorists drive efficient and safe vehicles that perform better, reduce costly repairs, reduce fuel costs and help extend the life of your vehicle.   Inspections must be performed by a licensed inspection station (look for official sign) and must be performed by a certified motor vehicle inspector.  You should make sure that your vehicle inspection sticker has not expired and continue to regularly maintain your vehicle.

What Is The Fine For Failing to Have My Vehicle Inspected?

If the inspection sticker on your vehicle has expired in the past 60 days, you can receive a fine of $50. If the inspection sticker is expired more than 60 days, or you fail to affix an inspection sticker the fine is $100. The mandatory state surcharge is $85, plus additional fees, are added to the fine.  Also, a parked vehicle with no inspection sticker, or with an expired inspection sticker, can receive a parking ticket. It is a misdemeanor for an inspector to knowingly issue or for a motorist to knowingly accept an inspection sticker unless a proper inspection has been performed.

Many drivers are worried about getting a ticket for bringing their car in for inspection after expiration date.  However there is no automatic penalty if your car is past its inspection and you will only be fined if an officer issues you a ticket.  If you have not been issued a ticket for operating an uninspected vehicle, go have your car inspected by an authorized agent and make sure to only operate your vehicle with a valid inspection sticker.

 What Happens If I Have A False Sticker?

New York is cracking down on unauthorized private inspection facilities that are issuing fictitious inspection stickers.  Motorists who do not do their research and affix a fictitious sticker to their car from an unauthorized inspection station are left fighting a $300 ticket, $85 surcharge and possibly 30 days in jail under V&T Law section 306-f.  For a second violation the fine is $525 and a third offense the fine is $1125.

How Do I Get A Replacement Inspection Sticker?

To get a replacement inspection sticker you must have your car inspected by either an authorized private inspection facility.   If you fail inspection it means that your car is emitting more pollutants than the standard that is required for your vehicle.  An inspector will give you an emissions repair report so that if your car fails inspection, you have an opportunity to bring your car to a mechanic to fix the problem and bring your vehicle to the appropriate standards.  In the meantime the inspector will issue you a sticker which should give you about a month or two bring your vehicle to emission standards and help you avoid being ticketed by the police.

Should I Hire An Attorney?

If you have been charged with a misdemeanor related to your car inspection, ticketed for affixing a false inspection sticker or operating a motor vehicle with a sticker that has expired, an attorney can help you fight the charges.  Do not pay the fines and incur the penalties.   An attorney can work to help get you a reduction in your case and save you money.

Call The Rosenblum Law Firm today to help you fight the charges and get you results!  We are available via Email or Toll Free at 1-888-883-5529

 

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