Form TE 255 at a glance
What it is: TE 255 (01/03) is the State of New York Department of Transportation STATEMENT OF CORRECTION FOR EQUIPMENT DEFECT under New York State Transportation Law (Sections 14F or 140).
Who signs: Place inspection station stamp or signature of police officer or NYSDOT inspector on the X line. Repair shops which are not licensed inspection stations must use business stationary.
A filled-in Form TE 255 example: an inspector certifies a repair
How to fill out Form TE 255, box by box
Name, Position/Occupation and Inspection Station
Enter your name and your Position/Occupation after I.
Enter the Inspection Station, Police Dept. or NYSDOT Region.
Date and cited equipment
Enter the Date and Time that you inspected and/or repaired the cited equipment. In "inspected and/or repaired", delete if not applicable.
Year, Make of Vehicle and Plate Number
After the cited equipment, enter the Year, Make of Vehicle and Plate Number of the vehicle.
At the end of the statement you affirm under penalty of perjury that at such time the defective equipment cited in the summons or information on the vehicle in question is in proper working order.
Signature and Date
Sign on the line after X and enter the Date.
More rules for Form TE 255
Acceptable proof of repair or adjustment shall consist of a submission to the court on or before the return date of the summons of: (i) a statement of correction from an officially designated state inspection station duly executed by the person performing or making such inspection and bearing the official stamp of the state inspection station; (ii) a statement of correction from an automobile repair shop on the letterhead of such repair shop duly executed by the person who made the correction or (iii) a signed statement of any police officer or a department inspector that the necessary corrections have been made.
For the purposes of this section "business day" shall mean any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.
Repair shops which are not licensed inspection stations must use business stationary.
If your situation is different
The summons is under section 14F
If a summons is issued for an equipment defect in violation of NYSTL section 14F (except for any out-of-service violation), such summons shall be dismissed by the court before the return date if the violation set forth in the summons is corrected not later than one-half hour after sunset on the first full business day and proof of such correction as set forth below is submitted to the court.
The summons is under section 140
If a summons is issued for an equipment defect in violation of section 140 (except for a violation involving an out-of-service defect relating to(i) load securement, (ii) brake systems, (iii) steering components and/or (iv) coupling devices or except for (v) a violation involving the operation of any motor vehicle after it has been placed out-of-service), such summons shall be dismissed by the court before the return date if the violation set forth in the summons is corrected not later than one-half hour after sunset on the first full business day and proof of such correction as set forth below is submitted to the court.
Common questions about Form TE 255
Is there a deadline?
Such summons shall be dismissed by the court before the return date if the violation set forth in the summons is corrected not later than one-half hour after sunset on the first full business day, or if such complaint involves a farm plate vehicle, not later than one-half hour after sunset on the third full business day after the issuance of the summons, and proof of such correction is submitted to the court on or before the return date of the summons.
Where do I file it?
The statement required by this paragraph shall be directed to the court having jurisdiction of the alleged violation, shall be affirmed as true under penalty of perjury, and shall include the name, occupation and position of the person making the statement, the time and date that the repairs or inspection were made and a statement that the defective equipment, cited in the violation, on the vehicle in question, is in proper working order.
Sources
[1] Form TE 255 (01/03), Statement of Correction for Equipment Defect, New York State Department of Transportation (the Official source link on this page).