No. 30575 (Amendment): R714-158. Vehicle Safety Inspection Program Requirements

DAR File No.: 30575
Filed: 10/12/2007, 09:35
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 the new on-line program requirements.

Summary of the rule or change:

These amendments lay out the requirements a station must meet while serving a suspension or revocation. Also added are the fees that are already in place from the legislative budgetary process.

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 division is simply putting into rule requirements that have already been in place.

local governments:

There will be no cost to local government because the responsibility for certifying inspection stations rests only with the Utah Highway Patrol.

small businesses and persons other than businesses:

There will be no cost because the division is simply putting into rule requirements that have already been in place.

Compliance costs for affected persons:

There will be no cost because the division is simply putting into rule requirements that have already been in place.

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

The amended rules will reflect the fees that inspection stations are already paying. There will be no increase fiscal impact on businesses. 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:

12/03/2007

This rule may become effective on:

12/10/2007

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) "Action" means suspension or revocation of a certification or license.

(2) "Certificate" means the certificate of inspection given when a vehicle 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) "Station" means a business, including public garages, service stations, and repair shops licensed by the department to conduct safety inspections.

(11) "Sticker" means the sticker intended to be placed on the windshield of a vehicle which has met the requirements of the inspection program.

(12) "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, [4501 South 2700 West, Box 14100, West Valley City, Utah 84114-1100]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 [$25]$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.

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

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

 

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 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. Inspector 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.

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.

 

R714-158-8. Vehicle Safety Inspection Manual.

The department shall prepare the "Vehicle Inspection Manual" which shall be based on the "Utah Code," the "Federal Code of Regulations," the "Vehicle Inspection Handbook" of the American Association of Motor Vehicle Administrators, and on vehicle manufacturer specifications.

(1) The department shall seek the advice of the Safety Inspection Advisory Council prior to any substantive changes in the "Vehicle Inspection Manual."

(2) Inspectors shall conduct inspections in accordance with the "Vehicle Inspection Manual."

(3) All stations are required to have a copy of the most recent manual available. This requirement can be met by having a hard copy on hand or by downloading a copy to a file on the station's computer from the Safety Inspection website. Accessing the manual through the website does not qualify for meeting this requirement.

 

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

A. Certificates (HP SI-29) will be issued in books of [seventy-five]fifty.

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

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

(3) 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) Returned certificates and stickers must be in the original book and sequence.

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

(6) 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.

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) 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) An on-line station that is more than 60 days delinquent on their balance with Utah Interactive, will be suspended until full payment is received.

 

KEY: motor vehicle safety, inspection

Date of Enactment or Last Substantive Amendment: [July 30, 1998]2007

Notice of Continuation: December 17, 2002

Authorizing, and Implemented or Interpreted Law: 53-8-201; 53-8-203; 63-46b