New York State Vehicle and Traffic Law - § 306(b) No Inspection Certificate/Uninspected Motor Vehicle.
Written By: Benjamin Goldman, Esq.
Every car registered in New York State must comply with the inspection standards outlined by the New York State Department of Motor Vehicles. All vehicles must undergo a safety inspection every 12 months or when there is a change of ownership of the vehicle. During the safety inspection, it is common for most vehicles to also undergo an emission inspection.
The inspection must be conducted by a DMV licensed station, who will then provide the motorist with an inspection sticker to be placed on the inside of the vehicle. Without an inspection, the registration will not be able to be renewed. Failure to properly inspect a vehicle in a timely manner may eventually cause the registration to be suspended.
No Inspection Parking Ticket
There are two ways a ticket for 306(b) can be issued: A parking ticket or a traffic ticket. A parking ticket will not have driver’s license information. It will just have the car information. Obviously, this is not something that goes onto a driving record and will not impact insurance rates. Retaining an attorney in this instance is not cost effective. The fine for the parking ticket is less than the legal fee. You can try to get it dismissed on your own but that would depend on how much time you want to invest to go to court and deal with the ticket.
No Inspection Traffic Ticket
However, 306 (b) can also be issued as a traffic ticket. This is when you are stopped by a police officer while driving and then issued a ticket with your driver’s license information on the ticket. It is often issued in conjunction with other traffic tickets.
If you received a No-Inspection ticket at a traffic stop, it may make sense to fight the charges. A no-inspection violation does not carry points, but it will appear on your driving record. If it appears on your driving record, your insurance company sees it. If your insurance company sees it, they can raise their premiums. If they can raise your premiums, you can be assured they will do just that.
Getting an Inspection After a Ticket
There is an urban legend that getting the car subsequently inspected requires that the ticket be dismissed. This is not true. The misnomer perhaps comes from a conflation with “fix-it tickets”. These are tickets issued under VTL 375 for equipment violations. The classic example is a broken taillight. If you get it fixed in the subsequent day and a half, the statute requires that the court dismiss the ticket. However, this is not the case for expired inspection or expired registration. Getting the car inspected five minutes later does not warrant dismissal. It may still help and a judge or a prosecutor may agree to dismiss. But unlike “fix-it tickets” you are not entitled to dismissal.
Benjamin Goldman Law Office
If you were stopped by a police officer and issued a No Inspection ticket, you may want to consult with a traffic ticket lawyer before you take action. The Benjamin Goldman Law Office is a traffic violation defense firm that handles many different types of traffic cases. We provide free consultations. Our attorneys often turn down cases that do not warrant fighting. If we think your No-Inspection ticket is not worth disputing, we will not take your case. Feel free to reach out at your convenience.