VTL § 306-b, No Inspection Certificate (Moving Vehicle; Expired)

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Vehicle & Traffic Law § 306(b), No Inspection Certificate (Moving Vehicle)

Under VTL § 306(b), no motor vehicle may be operated or parked on the public highways of New York unless a certificate or certificates of inspection, as required by Article 5, is or are displayed upon the vehicle or affixed to the registration certificate as determined by the commissioner. If the violation occurs while the vehicle is parked, it constitutes a parking violation. The commissioner may provide for a temporary indicia of inspection for up to 15 days upon loss, theft, mutilation, or destruction of a certificate. The NY DMV oversees inspection requirements.

What are the penalties?

• Expired more than 60 days: Per the Vehicle & Traffic Law Manual for Local Courts (Magill 2024), first offense: $50–$100; subsequent offense: $50–$200 or imprisonment for not more than 15 days, or both.
• Expired 60 days or less: If the vehicle bore a certificate valid within the last 60 days, the violation is punishable by $25–$50.
• Points: 0 points (or 15 days jail on subsequent).
• Surcharge: $88 or $93 surcharge applies.

VTL § 306(b) Statute

No motor vehicle shall be operated or parked on the public highways of this state unless a certificate or certificates of inspection, as required by this article, is or are displayed upon the vehicle or affixed to the registration certificate for the vehicle as may be determined by the commissioner. The commissioner may, by regulation, provide for a temporary indicia of inspection to be placed on a motor vehicle which shall be valid as a certificate of inspection for a period not to exceed fifteen days upon the loss, theft, mutilation or destruction of a certificate of inspection. Any violation of this section that occurs while a motor vehicle is parked on the public highways of this state shall constitute a parking violation. Every agreement for the lease or rental of a motor vehicle for a period of not more than thirty days shall be deemed to provide that the lessor of such vehicle shall, in all respects, be substituted for the lessee or any person operating the vehicle in conformity with the lease or rental agreement in connection with any charge of violating this section, provided that any summons issued to the operator for violation of this section is turned over to the lessor. A violation of this subdivision shall be punishable by a fine of not less than fifty nor more than one hundred dollars for a first offense, and by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than fifteen days, or by both such fine and imprisonment, for each subsequent offense; provided however, that if the vehicle bears a certificate or certificates of inspection which was or were valid within the last sixty days, such violation shall be punishable by a fine of not less than twenty-five nor more than fifty dollars.

Source: NYS Vehicle & Traffic Law § 306(b) (nysenate.gov)

Benjamin Goldman Law Office

If you were charged with VTL § 306(b), the Benjamin Goldman Law Office can advise you. We can help with inspection and traffic matters across New York. Contact us for a complimentary consultation via our contact page.

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