In NYS, does a failed inspection give an extra 10 days to re-inspect?

[djsysstem]

What is the name of your state (only U.S. law): New York State

Hey guys,

So I live in NYC and my car had an engine light lit up. I fixed that issue with mechanic, but didn't drive enough miles to pass the inspection, which he told me by connecting the computer to dashboard. So I went to my mechanic again knowing that I will fail it, but receive an extension for 10 days (when the current inspection sticker expired in January 2013). He did the inspection and gave me the receipt for the failed inspection dating 2/5/2013. I put that receipt on the front dashboard for traffic enforcement to see and received a ticket today for $65. Mechanic says that the receipt for the failed inspection should have counted toward giving me extra 10 days to avoid getting a ticket and driving enough miles for the computer to pick up that all issues have been fixed. Some say I should have gotten an 10-day extension sticker, but the failed inspection report dating just 1 day prior is not enough? Also, will doing re-inspection be included in the price I paid to do the first inspection? Is there anywhere I could fight this by letter, in court, or anything else? Please, help.

 

[OHRoadwarrior]

Why did he not clear the codes like every other mechanic does? Even I have a computer to clear the codes. According to the states site you can get an extension under some circumstances. You must apply for it and it does not guarantee you will not receive a ticket.
http://www.dmv.ny.gov/vehsafe.htm

 

[You Are Guilty]

Without digging into the actual VTL for the statutes themselves, as per the DMV:

How do I get a 10-day extension of my current inspection?

You can receive from the NYVIP inspection station an inspection receipt that includes a 10-day extension of your previous inspection only if:

the previous inspection was expired at the time of the inspection, and your vehicle passed all parts of the inspection except the test of the OBD-II readiness monitors.

You cannot get an extension in any other circumstances. You cannot get more than one extension. You cannot get an extension from the DMV.

Assuming that your test failure counts as an OBD-II violation, then the inspection station receipt should have had the required 10-day extension language on it (I don't think you get the extension for outright emissions failures). You do not have to "apply" for anything. However, even if you had it, and properly displayed it, this does not mean you are exempt from receiving a ticket (as you have found out the hard way).

So, contest the ticket and use your receipt as evidence. I recommend going in person as opposed to mail/online, for better results.

{edit}
Here's the scoop, directly from the DMV as sent to the inspection stations:
http://www.nyvip.us/interior/dmvmsg-view.php?msgid=73