DMV Implements Registration-Based Enforcement of Emissions Inspection Upstate

ALBANY, NY (07/18/2007)(readMedia)-- Department of Motor Vehicles Commissioner David J. Swarts today announced the implementation of registration-based enforcement of emissions inspection for all upstate motorists. The new requirement ensures that all vehicles statewide have a current emissions inspection on file in order to renew their vehicle registrations.

State-wide compliance with the federally mandated Registration Based Enforcement program, which has been operating downstate for several years, will ensure that all of New York’s motorists are following current law and having their vehicle emissions checked annually.

“This enforcement effort will have no effect on the vast majority of motorists who keep their vehicle inspections current,’’ Commissioner Swarts said. “It will force those who have neglected to get safety and emissions inspections to abide by the law, resulting in cleaner air and safer highways for New York State.”

The RBE program does not impose any new mandate on motorists. DMV, under an agreement with the Federal Environmental Protection Agency, will be enforcing through the registration renewal process the existing requirement that motor vehicles get annual safety and emissions inspections.

The Federal Clean Air Act Amendments (CAAA) of 1990 required New York State to establish the Enhanced Vehicle Inspection/Maintenance Program to ensure regular testing of vehicle emissions. Under that program, a vehicle undergoes emissions testing in conjunction with the annual safety inspection or when the vehicle changes ownership. Federal law also requires the State to enforce the emissions inspections through its registration process.

Annual emissions inspections have been mandatory in the New York City Metropolitan Area for many years, and Registration Based Enforcement began downstate in November 2001. Since December 2004, emissions inspections have been required in the 53 counties north of the New York City Metropolitan Area. Under an agreement with the EPA, which ensures that New York State will continue to receive millions of dollars in Federal highway funding, DMV will be enforcing the emissions inspection requirement upstate through its registration renewal process.

By collecting the data and implementing the program upstate according to Federal guidelines, the DMV ensured the public and industry were completely familiar with the emissions testing processes and regulations. Indeed, over the last few years, DMV has been able to evaluate the procedures and ensure the public and inspection stations would not be adversely affected by the implementation of the Federal mandate. The next step in compliance is for the DMV to make registration based enforcement upstate an integral part of the program.

There are no new penalties or fines associated with this enforcement effort, although motorists with expired inspections will still be subject to a fine if ticketed by law enforcement.

Beginning this month, registration renewal notices that DMV mails to motorists will include a notice if there is no emissions inspection report on file for that vehicle. Renewal notices are usually mailed six to eight weeks before the current registration expires.

In the event that a motorist’s vehicle has already passed an emissions inspection but the record of that inspection does not appear in DMV’s database, the motorist will be able to correct the omission by writing the inspection sticker number on the renewal form and enclosing a copy of the inspection receipt. A copy of the inspection facility’s Daily Inspection Report, or Detail Report, obtainable from the inspecting facility, will also be accepted as proof of inspection if the motorist no longer has the inspection receipt.

Motorists with questions about the program can call 1-877-486-6438 or visit the DMV website at www.nysdmv.com.

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