Operating An Uninspected Motor Vehicle In New York – VTL 306

Published by 35 Comments

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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This post was written by Adam Rosenblum


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35 Comments

  • Nelson
    March 12, 2017

    My vehicle is disabled in front my house, and the inspection sticker is expired. In the past month I have gotten 4 tickets for having expired inspection stickers. Is their anything I can do about this? My vehicle is disable and can’t be moved.

    • RLF Attorneys
      March 14, 2017

      Nelson – I suggest you contact the NY DMV for guidance to this question.

  • Richard B.
    January 16, 2017

    I received a ticket for driving an uninspected vehicle over the weekend (Saturday) in New York State. My car is being inspected today (Monday).
    Should I plead Guilty and send the ticket in by mail or go to court and show them I got it inspected and hope for a reduced fine?

  • Fabiola
    January 6, 2017

    Do you get points on your license when pleading guilty in a unregistered and uninspected motor vehicle?

    • RLF Attorneys
      January 13, 2017

      No, these are zero point offenses.

  • Tina
    September 15, 2016

    Can u get in trouble if u drive am I inspected vehicle and get in an accident with kids in the car

    • RLF Attorneys
      September 15, 2016

      Tina – driving an uninspected motor vehicle is a violation that can result in a ticket.

  • Ally
    July 19, 2016

    I got a ticket within the 60 days for an unspectacular vehicle 306B and the car wouldn’t pass inspection so I took it off the road. Will I still have to pay the fines or is there a chance that they’ll drop the ticket since I took it off the road?

    • Adam Rosenblum
      July 20, 2016

      I suggest you contact the prosecutor to determine whether something can be done with this ticket.

  • mickey
    May 29, 2016

    My inspection is up and my registration, which is under my mothers name, will be up in a week, online it says registering a car will invalidate the inspection but it also says it has to be inspected to get it registered, will I need to get it inspected twice?

    • Adam Rosenblum
      June 3, 2016

      While I would confirm the procedure with the DMV, you would not likely need multiple inspections.

  • Rich
    May 27, 2016

    I just got a new lease from a CT dealer and live in NY. I just received the NY Registration but didn’t realize I needed to do an inspection. I received a ticket in White Plains for a 306B on Thursday and immediately got an inspection on Friday (today). I thought I had a 10 day grace period to get an inspection from the date i received my registration. How should I proceed?

    • Adam Rosenblum
      June 3, 2016

      Since this is a zero point violation, I suggest you contact the court / prosecutor to determine how you can best resolve this matter.

  • deanna
    April 21, 2016

    I got a ticket for an uninspected motor vehicle (306B). I’m worried if there was any points and was wondering about the fee.

    • Adam Rosenblum
      May 3, 2016

      Hi Deanna, the ticket for an uninspected motor vehicle barres no points. If the inspection sticker on your vehicle has expired in the past 60 days, you will receive a maximum fine of $50. If the inspection sticker has 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.

  • Philip
    March 3, 2016

    My vehicle registration expired. I went to renew my registration online but my car is not inspected so it will not let me renew.

    My car will need to pass through a drive cycle to pass inspection, which can take a few days. However, since my car is not registered, how can I drive it to pass the inspection legally? If i register at the DMV will they provide me with the registration and a ten day temp inspection?

    • Adam Rosenblum
      March 8, 2016

      I suggest you contact the DMV for the answer to this question. They will advise accordingly.

  • H. H.
    February 3, 2016

    I have no time to go to court. Can I mail the court the inspection proof with the not guilty form?

    • Adam Rosenblum
      February 4, 2016

      I suggest you contact the court for the answer to this.

  • Brian Tetreault
    January 29, 2016

    I am from Vt and was traveling thought the state. the week before I tried to get my vehical inspected but the shop was out of stickers and told me to stop back next week. My inspection is out of date by over 60 days and I plan on getting it inspected in the next week. does it help to have the inspection station state that I was trying to get inspected and there is nothing wrong with my car and they just didn’t have any stickers at the moment?

    • Adam Rosenblum
      February 4, 2016

      Hello Brian, the information you have provided is not sufficient enough to provide you with assistance. Please contact our office for a free consultation providing all the details at 888-883-5529.

  • Harrison
    January 21, 2016

    I just got an unispected vehincle ticket, 306B. My car inspection was up in September and it is now January.

    • Adam Rosenblum
      January 26, 2016

      This is a zero point violation. You can possibly have this resolved by providing the court with a copy of your inspection information.

  • Avi
    January 15, 2016

    I got a ticket in the 60 days for my I uninspected vehicle 306B, I just got it inspected a week after, should I just play guilty and pay the fine? Or will it be points on my license?

  • george
    December 23, 2015

    I was on my way over to the garage to get my vehicle check engine light off and also get an inspection sticker when I was pulled over for no inspection however my inspection was out7 months ago in the vehicle was not on the road at the time, what is the penalties for that please, I’m also operating under the in A2 restricted license with anti blowing device in it.

    • Adam Rosenblum
      January 11, 2016

      Hi George, you are currently facing a minimum of $185 fine. Having an expired inspection is not considered a moving violation so it is not considered violation the restriction. If you would like to have your fees reduced please contact our office at 888-883-5529 for a free consultation.

  • george
    December 23, 2015

    I was on my way over to the garage to get my vehicle check engine light off and also get an inspection sticker when I was pulled over for no inspection however my inspection was at 7 months ago in the vehicle was not on the road at the time what is the penalties for that please

    • Adam Rosenblum
      January 11, 2016

      George – what was the violation code? Fines vary for this offense depending on what you are specifically charged with.

  • Vanessa
    November 1, 2015

    I was driving someone else car and got charged with a 306e violation of a fictitious inspection cert being displayed and for driving and uninspected vehicle? whats the odds of jail time? I think I should fight it but I am afraid that would make it worse. Also the person who owns the car said they would go to court with me and say they swapped the stickers between two of there vehicles but they are close family and if they just get a fine that’s one thing but I don’t want them imprisoned either. what would that odds of that happening be?

    • Adam Rosenblum
      November 5, 2015

      Vanessa – due to the nature of the consequences of this violation, I suggest you contact us to discuss in further detail.

  • Kelly Ryan
    July 29, 2015

    I got a parking violation ticket for expired Inspection sticker more than 60 days (VTL 306B). I am ready to pay the fine, but I want to know – will I get points in my license and reported to DMV? Will this affect my insurance premium? How to avoid getting points on this NO Inspection sticker violation.

  • miguel ruiz
    May 28, 2015

    my inspection ticket is more than 60 days i inspected it and it pass i have proof can i plead not guilty and send a copy of the receipt of the inspection sticker also do i get points in my lic

    • Adam Rosenblum
      June 4, 2015

      I need to know what exactly you are being charged with. You may contact me to discuss further.