New York State Inspection station violation

[farooq]

New York State.
I am a sleeping partner of a repair shop heaving a facility of performing New York State inspections. One of the technicians over there performed inspection having difficulty for getting the car ready because of computer error. Because of the customer pressure, he switched the car and used another car to finish the inspection. The original car did not have any issues. Only the readyness was the problem. It happened three times in last 2 years. Now I received tickets for these violations which happened in early part of 2007. The violations are 354 V and T Law 303 (e)1 and 740 regulation 79.24 (b) (3). Is there anyway, I can defend myself??? How can retrieve the information about these violations???What is the name of your state (only U.S. law)?

 

[You Are Guilty]

As it appears English is not your first language, I may be misunderstanding certain parts of your post. But I've tried to address each issue separately below:

I am a sleeping partner of a repair shop heaving a facility of performing New York State inspections.

Do you mean "silent partner"? Or do you mean you are having sexual relations with your partner?

One of the technicians over there performed inspection having difficulty for getting the car ready because of computer error. Because of the customer pressure, he switched the car and used another car to finish the inspection.

Illegal.

The original car did not have any issues.

Immaterial and unprovable, as it was apparently not inspected.

Only the readyness was the problem.

How do you know - it was not inspected?

It happened three times in last 2 years.

Ugh. You do know that that little camera you had to install along with the new emissions testing equipment is used by the DMV to monitor what the station does, right?

Now I received tickets for these violations which happened in early part of 2007. The violations are 354 V and T Law 303 (e)1 and 740 regulation 79.24 (b) (3). How can retrieve the information about these violations???What is the name of your state?

The website is down at the moment but VTL 354 has nothing to do with an inspection station, it requires the Commissioner to furnish a driving abstract to people who ask for one. Section 303(e)(1) says:

A license to operate an official inspection station or certificate to inspect vehicles may be suspended or revoked or renewal thereof may be refused by the commissioner or any person duly deputized for one or more of the following causes:
(1) Failure to conduct inspections in conformance with the provisions of this article and the rules and regulations promulgated thereunder or improper issuance of certificates of inspection.

There is no Section 740 of the VTL, I don't know what that refers to. 79.24 is in the DMV Rules and Regulations that discusses emission testing procedures and says:

(b) Idle test.
(1) All other non-exempt vehicles subject to the high enhanced emissions inspection including motor vehicles with a make of custom or homemade, or equipped with traction control that cannot be disabled, or equipped with four-wheel or all-wheel drive systems that cannot be disabled are subject to the idle test.
(ii) Only an official high enhanced emissions inspection station may perform high enhanced emissions inspections (dynamometer or idle tests).
(iii) A high enhanced emissions inspection (dynamometer or idle test) must be performed with NYTEST CVIS equipment.
(3) Low enhanced emissions inspection.
(i) All non-exempt vehicles not subject to the OBD II emissions inspection, registered outside of the NYMA, including those vehicles with a make of custom or homemade, are subject to the low enhanced emissions inspection, in addition to any applicable safety inspection. Vehicles classified as custom or homemade, are only subject to the requirements of subdivision (i), item 8b of this section.
(ii) Any official high enhanced emissions inspection station or official low enhanced emissions inspection station may perform low enhanced emissions inspections.
(iii) All low enhanced emissions inspections must be performed with NYVIP CVIS equipment.
(b) Procedures.
(1) OBD II emissions inspection.
(i) OBD II inspection procedure. All model-year 1996 and newer non-exempt vehicles registered in any county in the State, except for vehicles with a make of custom or homemade, are subject to the OBD II emissions inspection.
(ii) This procedure consists of entering the appropriate vehicle data, including the results of the safety inspection and the emissions control device check (subdivision , items 1-10 of this section) into the CVIS and communicating with the vehicle's OBD II system. The CVIS records the results of the test and prints the results. The inspection station must give the customer a copy of the print out.
(iii) Specific instructions regarding the OBD II test procedure are found in the "NYVIP vehicle inspection system operators manual''.

Is there anyway, I can defend myself???

Since I don't know you, it's hard to say, I'm going to have to guess "no" on this one. However, if the tickets were made out to YOU personally, you have a right to represent yourself in Court (called "pro se"). If the tickets were made out to your COMPANY, then you need to hire a lawyer.

Good luck.

 

[OP85063]

New York State.
I am a sleeping partner of a repair shop heaving a facility of performing New York State inspections. One of the technicians over there performed inspection having difficulty for getting the car ready because of computer error. Because of the customer pressure, he switched the car and used another car to finish the inspection. The original car did not have any issues. Only the readyness was the problem. It happened three times in last 2 years. Now I received tickets for these violations which happened in early part of 2007. The violations are 354 V and T Law 303 (e)1 and 740 regulation 79.24 (b) (3). Is there anyway, I can defend myself??? How can retrieve the information about these violations???What is the name of your state (only U.S. law)?

No it's not a mistake, I live in NY and I know how it works here. Money talks and can get any car pass. Didn't you see the camera they setup when you inspection machine was install? LOL. Come on, you know the fine that comes with this when you decided to let it happen. Is the tech still working at your shop?