No. 31987 (Amendment): R714-158. Vehicle Safety Inspection Program Requirements

DAR File No.: 31987
Filed: 10/01/2008, 01:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the rule to meet further on-line program updates and spell out some specifics on already existing requirements.

Summary of the rule or change:

These amendments lay out the new ATV requirements that apply to ATV stations. In addition, they spell out some information for the stations where some confusion has been seen.

State statutory or constitutional authorization for this rule:

Subsection 53-8-204(5)

Anticipated cost or savings to:

the state budget:

There will be no cost because the changes are simply clarifying some existing requirements and adding the details of the new ATV inspection process.

local governments:

There will be no cost to local government because the changes are simply clarifying some of the already existing requirements and adding the details of the new ATV inspection process.

small businesses and persons other than businesses:

There will be no cost to small businesses because the changes are simply clarifying some of the already existing requirements and adding the details of the new ATV inspection process.

Compliance costs for affected persons:

There will be no cost because the changes are simply clarifying some of the already existing requirements and adding the details of the new ATV inspection process.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments will have no significant fiscal impact on businesses and are designed to clarify prior requirements. In addition, there will be new requirements dealing with ATV's, which will have a positive impact on businesses by expanding new business operations. Scott Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5994

Direct questions regarding this rule to:

Joseph Vasquez at the above address, by phone at 801-965-4889, by FAX at 801-322-1817, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2008

This rule may become effective on:

11/21/2008

Authorized by:

Lance Davenport, Superintendant

RULE TEXT

R714. Public Safety, Highway Patrol.

R714-158. Vehicle Safety Inspection Program Requirements.

R714-158-3. Definitions.

As used in this rule:

(1)"Agency Action" means a written warning, suspension or revocation applied against[of] a certification or license.

(2)"Certificate" means the certificate of inspection given when a vehicle fails or meets the requirements of the inspection program.

(3)"Certification" means the authority given to an inspector by the department to conduct safety inspections.

(4)"Commercial motor vehicle" means any vehicle, machine, tractor, trailer or semi-trailer, propelled or drawn by mechanized power upon the highway in transportation of passengers or property, or any combination thereof.It does not include implements of husbandry.

(5)"Department" means the Utah Department of Public Safety.

(6)"Fleet station" means a station licensed by the department and capable of conducting safety inspections of commercial motor vehicles, provided the fleet owns a minimum of twenty-five vehicles.

(7)"Inspector" means a person employed by a station licensed to conduct safety inspections.

(8)"License" means the authority given to a station by the department to conduct safety inspections.

(9)"Notice of agency action" means a written notice that the department intends to suspend or revoke a certification or license.

(10)"Re-inspection" means an inspection of previously rejected items that is completed within fifteen days of the original inspection. An inspection that is completed outside of the fifteen days is considered a new inspection, which all vehicle components are required to be inspected.

(1[0]1)"Station" means a business, including public garages, service stations, and repair shops licensed by the department to conduct safety inspections.

(1[1]2)"Sticker" means the sticker intended to be placed on the windshield or side wing window of a vehicle which has met the requirements of the inspection program.On trailers they should be placed on either of the two front corners where they can easily be seen.

(1[2]3)"Utah Interactive (UI)" means the company that has contracted with the State Of Utah for the setup and facilitation of the web-based inspection program.

 

R714-158-4. Station License.

A.Application for a license as a station can be made on forms provided by the department's Safety Inspection Section, 5500 West Amelia Earhart Drive, Suite 360, Salt Lake City, Utah 84116.

(1)A $1,000 surety bond or garage keepers insurance is required for all stations except fleet stations and publicly owned stations.

(2)A $100 station application fee is required.

(3)A $25 annual license fee is required for all stations except publicly owned stations.

(4)A $100 fee is required to renew a license that has been suspended or revoked.

(5)A $100 fee is required for a station name and/or address change.

B.Upon receiving an application for a license, the department will assign an investigator to inspect the place of business to determine if the applicant meets the requirements of this rule.This includes that the application is filled out completely and in addition to providing a list of all the station's certified inspectors.

C.An applicant for a license shall meet the building and equipment requirements set forth in the "Vehicle Inspection Manual" prior to approval and throughout their certification.

D.Upon approval, the license will be issued to the applicant and shall be displayed in a prominent location at the address shown on the license.

E.Licenses are not transferable.A change in the ownership, name, or location of a station requires a new application, bond, and license.

[F.The $1,000 surety bond will be forfeited in the event a station fails to observe the provisions of Section R714-158-5 of this rule.

G]F. All new stations upon making application will be required to enroll in the web-based inspection program through Utah Interactive.All of the station's inspections will have to be completed on-line.

[H]G.An agency action against a station using only paper certificates will require, after reinstatement, that the station's inspections be conducted on the on-line program.

 

R714-158-5. Inspector Certification.

A.An applicant for certification as an inspector shall:

(1)obtain training in accordance with the requirements of Section R714-158-6 of this rule;

(2)pay a $10 non-refundable processing fee;

(3)be at least eighteen years of age; and

(4)have a valid drivers license.

B.Certification is valid for five years and expires on the month, day, and year shown on the certificate.

C.Certification can be renewed up to [six]two months before the expiration date.

(1)A $100 fee is required to process a return to the safety inspection program in the event of a suspension or revocation of certification.

D.A $20 fee is required to replace a lost/missing inspector certification card.

 

R714-158-6. nspector Training and Testing.

A.Inspector applicants shall obtain training, reference materials, and instructions from the department prior to certification.

B.The department may contract with educational institutions to provide training, re-training, or testing.

(1)Every educational institution will be required to have the same tools that each station is required to have for each individual vehicle type that they will be instructing.

C.An inspector seeking re-certification of his/her safety inspection authority shall do one of the following options:

(1)Option #1- Participate in the full 16 hour Safety Inspection Training Course and pass the final test.

(2)Option #2- Participate in either an on-line, or "CD" formatted recertification training program, and pass the quizzes.

D.An inspector whose certification has expired for more than one (1) year is required to re-take the 16 hour certification.

E.Every student that takes the 16 hour certification course, is required to attend all sixteen hours of the course, regardless of what vehicle type they are applying for.If they miss any portion of the course, they will be required to make up that missed portion before being allowed to take the certification test.

F.If an educational institute offers a motorcycle only course, then the student must attend the entire portion of that course that is covered under the curriculum set forth by the department before being allowed to take the certification test.

 

R714-158-7. General Safety Inspection Program Requirements.

A.Inspections shall be conducted honestly and thoroughly.Any attempt to coerce customers, or to sell unneeded parts or repairs is prohibited.

(1)Repairs or adjustments may not be made to a vehicle without prior approval of the customer.

(a)Any part that is replaced as a result of an inspection must be returned to the customer.

(b)If a part cannot be returned, it must be shown to the customer.

(c)The customer is under no obligation to have a vehicle repaired at the station. Repairs may be made at any business selected by the customer.

(2)A current set of inspection records, including the plate brake test records, shall be retained at each station or record keeping office.

(a)The records shall be retained for a minimum of twelve months.

(b)When requested, records shall be made available for inspection by the department.

(3)Reports required by the department shall be submitted to the department prior to every third order of inspection supplies.

(a)Reports submitted to the department shall be legible and in sequence.

(b)Certificates and stickers shall be filled out [on both sides]completely to include the name and address of the registered owner.They must be completed on the same date that the vehicle inspection was conducted.

(4)Each station in the safety inspection program shall maintain an adequate supply of certificates, stickers, and other inspection supplies.

(a)Certificates, stickers, and other inspection supplies shall be safeguarded against loss or theft.

(b)Missing or stolen certificates or stickers shall be immediately reported to the department.

(5)No certificate or sticker shall be issued without making a proper inspection, or issued to any vehicle that does not meet safety inspection requirements.

(6)An inspector may conduct inspections, print certificates, issue certificates, and attach stickers to vehicles only at the location designated on the license.

(7)Inspectors will not be added to a station on the Admin Console, without a member of the station's management first contacting our office.This management contact may be done in person, by phone or on a station's letterhead with an official signature.

([7]8)Certificates, stickers, or other inspection supplies, may not be sold or transferred from one station to another.

([8]9)Each station must be open for a least eight [consecutive ]hours during the normal business day.Stations may close on holidays, Saturdays and Sundays.

(a)At least one inspector must be on duty at each station during business hours.

 

R714-158-9. Certificates, Stickers, and Inspection Reports.

A.Paper Certificates [(HP SI-29) ]will be issued in books of twenty-five for ATV's and fifty for Passenger/Light Truck.

(1)A maximum of ten books of certificates and twenty books of stickers may be purchased on one order.

(2)Each on-line station may be allowed to purchase a maximum of two books of certificates that are only to be used as a backup to the on-line program when the system is down.

([2]3)All orders shall be paid by check, except as authorized by the department.

([3]4)Unused certificates or stickers, if less than two years old and in quantities of ten or more, may be returned to the department for reimbursement or exchange.

([4]5)Returned certificates and stickers must be in the original book and sequence.

([5]6)Utah Interactive is responsible for billing the on-line stations for all completed on-line certificates each month.

([6]7)Each on-line station shall submit a full payment for each monthly bill received from UI.

[(7)Each on-line station may purchase a maximum of two books of certificates, to be only used as a backup to the on-line program.](8)Entering a safety inspection certificate number into an outside agency computer system for the purpose of printing a certificate is prohibited.

(9)All 'ATV' inspections shall be conducted on a department approved ATV paper certificate, or on the on-line program under the 'ATV' vehicle type.

B.Certificates, stickers, and inspection reports, shall be completed and issued as set forth in the "Vehicle Inspection Manual."

 

R714-158-11. Grounds for Denial, Suspension, or Revocation of License or Certification.

A license or certification may be denied, suspended, or revoked for either of the following reasons:

(1)violation of state laws or rules applicable to vehicle inspections.

(2)conviction of any crime involving moral turpitude.

(3)Providing any false information on a station or inspector application.

([3]4)A station that transfers ownership while serving a suspension/revocation period, shall serve the full period of the suspension/revocation before reinstatement of certification or approval as a new inspection station will be made.

([4]5)An on-line station that is more than 60 days delinquent on their balance with Utah Interactive, [will be suspended]may have an agency action filed against them until their full payment is received by Utah Interactive.

 

KEY: motor vehicle safety, inspections

Date of Enactment or Last Substantive Amendment:[December 28, 2007]2008

Notice of Continuation:November 6, 2007

Authorizing, and Implemented or Interpreted Law:53-8-201; 53-8-203; 63G-4[6b]