You can't put your car on the road without an inspection and you can't get an inspection unless you go to a repair shop with an official license issued by the New York State Department of Motor Vehicles.

More than two years ago, Jay Kilmer and Steve Mueller shelled out $450,000 to build Elite Auto Repair on Route 5, just east of the City of Auburn. They knew that once they obtained a state inspection license, their business would be a success. Mueller told CNY Central's Jim Kenyon, "between 65 and 70 percent of income for a service facility comes from doing public inspections and usually those vehicles need some sort of work to pass New York State inspection. "

Last July, after Kilmer and Mueller had already begun construction of their business, the State DMV suddenly decided to restrict the number of inspection stations in each county. Kilmer and Mueller say the cap makes it virtually impossible for them to get an inspection license. Kilmer says the restriction flies in the face of State efforts to attract business and put people to work, "Why are they doing it? It makes no sense. Unemployment is already at a high rate."

It's been reported that the DMV needed to save taxpayer money on the cost of adding staff to monitor and approve car repair shops. So, Elite Auto Repair, along with hundreds of other auto shops and dealerships, are on a waiting list. In Cayuga County, the DMV will only allow 47 inspection stations. Since there are already 78 repair shops with licenses, in order for Elite Auto Repair to get an inspection license, 31 other businesses would have to go out of business.

Mueller and Kilmer are taking the DMV to court claiming the cap amounts to restraint of trade. Mueller says,"It's vital to the business. Without it, I don't believe that we can survive."

In addition to suing the DMV, Mueller and Kilmer have asked a judge to declare that their shop should be grandfathered in for an inspection license because construction started before the agency suddenly decided to cap the number of inspection stations.