No. 40552 (Repeal and Reenact): Rule R714-158. Vehicle Safety Inspection Program Requirements

(Repeal and Reenact)

DAR File No.: 40552
Filed: 06/28/2016 01:49:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2012 General Session, changes were made to the safety inspection statutes. Following these changes, the Safety Inspection Section reviewed safety inspection manuals to update the information in an effort to make the program more effective and incorporated the information into the proper rule format.

Summary of the rule or change:

In Section R714-158-3, a paragraph is added. Changes to Section R714-158-3 also include adding definitions, redefining some current ones, and removing some. In Section R714-158-4, the title is changed. A Safety Inspection station will be required to employ a station manager who possesses a valid certificate. Amount of the surety bond required is changed from $1,000 to $10,000 or Garage Keepers Insurance. The $25 annual license fee is eliminated from the rule. The $100 reinstatement fee for a station or inspector that has been suspended or revoked is eliminated from the rule. The $100 fee required for a station name or address change is changed to $87 and is no longer found in the rule. A Safety Inspection must obtain and maintain a valid business license and business registration from the Utah Department of Commerce unless it is a government station. The application and denial process for a new Safety Inspection station is more clearly defined. In Section R714-158-5, the title is changed. Building and equipment requirements for Safety Inspection stations that inspect passenger vehicles and light trucks and heavy vehicles are defined. In Section R714-158-6, the title is changed. A person applying to become an inspector no longer needs a valid driver license, but must present a passport or copy of a valid driver license or identification card issued by a state government within the United States to verify identity. The application and denial process for an inspector is more clearly defined. The $10 processing fee is reduced to $7 and is no longer found in the rule. The $20 fee to replace a lost or missing inspector certification card is reduced to $1 and is no longer found in the rule. In Section R714-158-7, the title is changed. In order for an inspector to renew a certificate, they are required to successfully complete the training course within six months prior to the expiration date of the certificate. The renewal and denial process for inspectors is re-defined. In Section R714-158-8, the title is changed. Actions for students who falsify information or cheat are added. In Section R714-158-9, the title is changed. Stations will no longer be required to be open for at least eight hours during normal business days. They will no longer be required to have at least one inspector on duty during business hours. Changes also require all inspection certificates to be issued through the online inspection program unless it is temporarily unavailable. If the online program is unavailable for more than three days, the station will be required to contact the division. Paper inspection certificates can be used while the online program is temporarily unavailable, but the information from the inspection will need to be entered into the online program within 72 hours after the it becomes available again. The changes require that safety inspections be conducted and certificates be issued only at the station where the inspector is employed unless the inspection is performed on a government-owned emergency fire response vehicle or ambulance. Inspectors should avoid conducting safety inspections on their personally-owned or operated vehicles. Inspectors can only use their username and password when using the online inspection program. The changes redefine other general safety inspection program requirements. In Section R714-158-10, the title is changed. Station Fee to Utah Interactive language is removed from the rule. Changes the limits on number of inspection certificate books that can be purchased. In Section R714-158-11, the title is changed. Violation of federal safety inspection laws, rules, or regulations are added. Delinquent fee for Utah Interactive language is removed from the rule. An applicant or licensee who is denied a certificate or permit will not be eligible to reapply for a period of 90 days from the date of denial. A licensee whose certificate or permit is revoked will not be eligible to reapply for another certificate or permit for a period of one year from the date of revocation. In Section R714-158-12, time to request an appeal hearing is lengthened from 10 days to 15 days. A hearing is required to be held within 30 days of the request. The hearing officer will have 10 days instead of 5 days to issue a written decision. An appeal to the advisory council will be able to be made within 30 days instead of 10 days. The written decision of the council will constitute final agency action and will be subject to judicial review. Reconsideration of the order of the advisory council by the department is removed. In Section R714-158-13, procedures for safety inspection station closures is added as required by statute.

State statutory or constitutional authorization for this rule:

• 49 FMCSR III B
• Subsection 53-8-204(5)
• Section 53-8-202
• Section 53-8-102

Anticipated cost or savings to:

the state budget:

It is anticipated that the state budget will experience a loss of revenue as a result of the changes made to this rule. Several fees that are collected by the Safety Inspection program have been removed from this rule. The fees that have been removed are not supported by statutory language. Some of the fees are still collected, although at a lower rate, which are referenced in statute. The changes include the following: the $25 annual license fee has been eliminated; the $100 reinstatement fee for a station or inspector that has been suspended or revoked has been eliminated; the $100 fee required for a station name or address changed has been changed to $87 and is no longer found in the rule; the $10 processing fee has been reduced to $7 and is no longer found in the rule; and the $20 fee to replace a lost or missing inspector certification card has been reduced to $1 and is no longer found in the rule.

local governments:

Prior to the rule change, the application packet for new stations required proof of a business license and registration with the Department of Commerce. This requirement has now been incorporated into the rule. The addition of this language will require that an inspection station pay fees to local government agencies to obtain a business license.

small businesses:

Required inspection station tools and equipment were listed in the application packet. Now those requirements are listed in the rule. Stations that were not using the online inspection system will now be required to use it. This requires a computer, internet connection, and printer. The manager of a station will now be required to be a certified vehicle safety inspector. Compliance with these requirements may result in a cost impact to some inspection stations that have not yet come into compliance.

persons other than small businesses, businesses, or local governmental entities:

No other persons will be affected financially as this rule only imposes fee requirements as they apply to small businesses.

Compliance costs for affected persons:

The cost of a computer, internet connection, and printer would be applicable to stations that are not already equipped. There would be no compliance cost for the changes associated with the appeal process as it relates to the Vehicle Safety Advisory Council.

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

I have reviewed this rule and have determined that there may be a potential fiscal impact on businesses. The surety bond amount required has increased from $1,000 to $10,000. Businesses may experience an increase in the premium amount for a surety bond as a result of the increase in the required coverage amount. Both the $25 annual license fee and the $100 reinstatement fee have been eliminated from the rule and will no longer be paid by a business. In addition, the $100 address change fee has been reduced to $87, the $10 processing fee has been reduced to $7, and the $20 replacement license fee has been reduced to $1. The changes to the fees will result in a cost savings for businesses. A business that has not yet obtained computer equipment or is not currently using the online inspection system will now be required to use it. This could result in a fiscal impact to the business in order to obtain required equipment for use in connecting to the online system.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]
• Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Steven Winward, Captain

RULE TEXT

R714. Public Safety, Highway Patrol.

[R714-158. Vehicle Safety Inspection Program Requirements.

R714-158-1. Authority.

This rule is authorized by Subsection 53-8-204(5).

 

R714-158-2. Purpose.

The purpose of this rule is to set standards governing the administration and enforcement of the safety inspection program in accordance with Title 53, Chapter 8, Part 2.

 

R714-158-3. Definitions.

As used in this rule:

(1) "Agency Action" means a written warning, suspension or revocation applied against 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.

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

(12) "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.

(13) "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. 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.

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 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. 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.

(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 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.

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

(9) Each station must be open for a least eight 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.

 

R714-158-8. 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. Paper Certificates 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.

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

(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.

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

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

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

(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."

 

R714-158-10. Incorporation of Federal Standards for Commercial Vehicles.

The department adopts federal regulation 49 CFR 393, 396, and 396 Appendix G (1997 edition), applicable to commercial motor vehicles and trailers operating in interstate commerce, and incorporates those regulations in this rule by reference.

 

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.

(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.

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

 

R714-158-12. Adjudicative Proceedings.

A. All adjudicative proceedings set forth in this section shall be conducted informally, and as authorized by Sections 53-8-204, 63G-4-202, and 63G-4-203.

B. Action to deny, suspend or revoke any license or certification or to appeal any denial, suspension, or revocation shall be made on forms provided by the department in accordance with Section 63G-4-201.

C. Appeal to department. A person who has been issued a notice of agency action to suspend or revoke a license or certification may request a hearing before the department by filing an appeal with the department within ten days of receipt of the notice of agency action. If a timely appeal is filed, the intended agency action shall automatically be stayed.

(1) The hearing before the department shall be informal and is intended to provide the person with an opportunity to show cause why the intended agency action should not be taken.

(2) The department will issue a signed order to the parties within five days of the hearing, ordering or denying the intended agency action.

D. Appeal to Advisory Council. A person who has been denied a license or certification, or a person whose license or certification has been suspended or revoked by the department, may request a hearing before the Advisory Council pursuant to Section 53-8-203, by filing an appeal with the department within ten days of receipt of the denial, suspension, or revocation.

(1) Except in the case of an emergency order, a timely appeal to the department requesting an Advisory Council hearing shall automatically stay a department order of suspension or revocation.

(2) The hearing before the Advisory Council shall be informal and shall be held within thirty days after the appeal is filed.

(3) The Advisory Council shall make written findings and conclusions and issue a signed order within ten days of the hearing; affirming, denying, or modifying the order of the department.

E. Reconsideration of the order of the Advisory Council may be requested in writing within twenty days of the date of the order in accordance with Section 63G-4-302.

F. The order of the Advisory Council shall be subject to judicial review in accordance with Section 63G-4-402.

G. A default order may be entered against a party who fails to participate in any of the hearings provided for in this section in accordance with Section 63G-4-209.]

R714-158. Vehicle Safety Inspection Program Requirements.

R714-158-1. Authority.

This rule is authorized by Subsection 53-8-204(5).

 

R714-158-2. Purpose.

The purpose of this rule is to set standards governing the administration and enforcement of the safety inspection program in accordance with Title 53, Chapter 8, Part 2.

 

R714-158-3. Definitions.

(1) Terms used in this rule are defined in Sections 53-8-102, 53-8-202, and the Federal Motor Carrier Safety Regulations contained in Subchapter B, Chapter III, Subtitle B of the Code of Federal Regulations Title 49 - Transportation.

(2) In addition:

(a) "agency action" means a written warning, suspension, revocation, or denial applied against a certification, license, or application.

(b) "applicant" means a person who has applied to the division for a permit or certificate;

(c) "certificate" means the authorization for a safety inspector to conduct safety inspections;

(d) "conviction" means an adjudication of guilt regarding criminal conduct, including:

(i) a finding of guilt by a court or a jury;

(ii) a guilty plea;

(iii) a plea of nolo contendere; or

(iv) a plea which is held in abeyance pending the successful completion of a probationary period;

(e) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;

(f) "fleet station" means a station that only conducts safety inspections on vehicles that are owned or leased by the same company that owns the station;

(g) "inspection certificate" means the certificate of inspection given when a vehicle passes or fails the requirements of the inspection program;

(h) "licensee" means a person who has been granted a permit or certificate by the division;

(i) "OEM" means original equipment manufacturer;

(j) "online inspection program" means the web-based inspection program used to record safety inspections;

(k) "permit" means the authorization for a person to operate a station;

(l) "revocation" means the permanent deprivation of a certificate or permit;

(m) "inspector" means a person with a valid certificate who is employed by a licensed station;

(n) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections;

(o) "suspension" means the temporary deprivation of a certificate or permit;

(p) "sticker" means a safety inspection sticker distributed by the division to a station which affixes it to a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or is equipped with an air braking system regardless of weight rating, when that vehicle meets the safety inspection requirements;

(q) "sticker report" means the document of inspection given when a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or a vehicle equipped with an air braking system regardless of weight rating, fails or meets the safety inspection requirements; and

(r) "Utah Interactive" means the company that has contracted with the division for the setup and facilitation of the online inspection program.

 

R714-158-4. Safety Inspection Station Permits.

(1) To be eligible for a new permit or to retain a current permit, an applicant shall:

(a) employ a station manager who possesses a valid certificate;

(b) obtain and maintain a $10,000 surety bond or garage keepers insurance for the station that the permit holder seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;

(c) obtain and maintain a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station;

(d) obtain and maintain a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and

(e) enroll the station in the online inspection program after receiving approval from the division.

(2)(a) An applicant seeking to manage or operate a safety inspection station shall submit a completed permit application packet to the division.

(b) The permit application packet shall include:

(i) a completed permit application form provided by the division;

(ii) a non-refundable permit application fee, unless the station the applicant seeks to manage or operate is a government station;

(iii) proof of a $10,000 surety bond or garage keepers insurance for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;

(iv) documentation of a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and

(v) documentation of a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station.

(3)(a) Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a permit.

(b) The division may request additional information to determine if the applicant is eligible for a permit.

(4) After receipt of all of the necessary documentation, the division shall inspect the station that the permit holder intends to manage or operate to determine if the station meets the requirements of the safety inspection program.

(5)(a) If the division determines that the applicant has met all of the requirements for a permit, the division shall issue the permit to the applicant.

(b) The permit is non-transferable.

(6)(a) If the division determines that the applicant does not meet the requirements for a permit, the division shall issue a denial letter to the applicant.

(b) The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section 11 of this Rule.

 

R714-158-5. Building and Equipment Requirements.

(1) To be eligible for a permit or to maintain a permit, the inspection station building and site must meet the following conditions:

(a) the building is capable of housing the vehicles to be inspected;

(b) the building has a level concrete or asphalt floor; and

(c) the site has a business sign of a permanent construction, properly displaying the business name that is listed on the business station application, unless the station the applicant seeks to manage or operate is a government or fleet station.

(2) An inspection station shall have the following tools and equipment:

(a) a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;

(i) accessing the manual online does not meet this requirement;

(b) the necessary hand tools to conduct an inspection;

(c) a hoist capable of lifting all four tires simultaneously off of the ground;

(i) stations in operation prior to January 1, 2009 are exempt from this requirement, but the station shall possess a hoist or heavy-duty jack with jack stands;

(d) measuring gauges and instruments for determining minimum specifications in the inspection process;

(e) a two-piece approved light meter kit capable of measuring window light transmittance at a minimum of +/- 3%;

(f) a dial indicator for measuring ball joint and suspension component tolerances;

(g) a tire tread depth gauge;

(i) a riveted brake lining gauge may be used for tire tread depth gauge;

(h) a tire pressure gauge;

(i) a tape measure; and

(j) the following brake gauges:

(i) bonded;

(ii) riveted;

(iii) disc pad;

(iv) rotor; and

(v) drum.

(3) An inspection station that performs inspections on heavy motor vehicles, trailers, or buses shall have the following tools and equipment:

(a) a hoist;

(b) a two-piece light meter approved by division;

(c) hand tools including wrenches, screwdrivers, and ratchets;

(d) a dial indicator for measuring ball joint and suspension component tolerances;

(e) a tire tread depth gauge;

(f) a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;

(i) accessing the manual online does not meet this requirement;

(g) a tire pressure gauge;

(h) a king pin gauge;

(i) a fifth wheel jaw tester;

(j) a measuring tape;

(k) a current copy of the School Bus Standards and Inspection Manual, if the station inspects school buses; and

(l) the following brake gauges:

(i) bonded;

(ii) riveted;

(iii) disc pad;

(iv) rotor; and

(v) large drum.

(4) The division may grant an exception to the minimum requirements of this section upon written request from the applicant or licensee that shows extenuating circumstances justifying the exemption.

 

R714-158-6. Safety Inspector Certificates.

(1) To be eligible for a certificate, an applicant shall:

(a) be 18 years of age or older; and

(b) attend and successfully complete the safety inspector training course.

(2)(a) An applicant seeking to perform safety inspections shall submit a completed certificate application packet to the division.

(b) The application packet shall include:

(i) a completed certificate application form provided by the division;

(ii) a non-refundable certificate application fee;

(iii) a passport, copy of a valid driver license, or identification card issued by a state government within the United States or one of its territories to verify the applicant's identity; and

(iv) documentation that the applicant attended and successfully completed the safety inspector training course.

(3)(a) Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a certificate.

(b) The division may request additional information to determine if the applicant is eligible for a certificate.

(4)(a) If the division determines that the applicant has met all of the requirements for a certificate, the division shall issue the certificate to the applicant.

(b) The certificate is non-transferable and shall expire five years from the date of issuance.

(5)(a) If the division determines that the applicant does not meet the requirements for a certificate, the division shall issue a letter of denial to the applicant.

(b) The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section 11 of this Rule.

 

R714-158-7. Renewal of Certificates.

(1) To be eligible to renew a certificate, a licensee shall retake and successfully complete the safety inspector training course within six months prior to the expiration date of the certificate, either in person or online.

(2)(a) A licensee seeking to renew a certificate must submit a completed certificate renewal packet to the division.

(b) The certificate renewal packet shall include:

(i) a written renewal form provided by the division;

(ii) a non-refundable certificate renewal fee; and

(iii) documentation the inspector has re-taken and successfully completed the safety inspector training course, either in person or online, within six months prior to the expiration date of inspector's certificate.

(3)(a) Upon receipt of a completed renewal packet, the division shall review the materials to determine if the licensee is eligible to renew the permit or certificate.

(b) The division may request additional information to determine if the licensee is eligible to renew the certificate.

(4) If the division determines the licensee has met all of the requirements for renewal, it shall renew the certificate for the licensee.

(5)(a) If the division determines the licensee does not meet the renewal requirements, it shall deny the renewal application for the certificate and notify the licensee in writing.

(b) The denial notification shall state the reasons for denial and state the licensee may have the decision reviewed by filing a written request for hearing within 30 calendar days as provided in Section 11 of this Rule.

 

R714-158-8. Safety Inspector Training Program.

(1)(a) The safety inspector training course shall consist of a 16-hour training program provided by an educational institution approved by the division.

(b) The educational institution shall:

(i) possess all of the necessary tools to conduct a safety inspection in accordance with Administrative Rules R714-160, R714-161, R714-162, and R714-163;

(ii) teach the safety inspection curriculum approved by the division; and

(iii) administer the quizzes and final test generated by the division.

(2) The safety inspector training course shall be taught by instructors that are employees of an educational institution approved by the division.

(3) Students shall attend all 16 hours of the safety inspector training course and pass the final test in order to successfully complete the course.

(4)(a) Any student who falsifies information or cheats on a quiz or test during the safety inspection training course shall be removed from the course and not allowed to complete it.

(b) A student removed from a safety inspection training course may not retake the class for a period of one year.

 

R714-158-9. General Safety Inspection Program Requirements.

(1) A permit holder shall be responsible for the management and operation of a station and shall:

(a) acquire and maintain the required equipment at the station;

(b) ensure all inspections are performed at the station and are conducted in accordance with Administrative Rules R714-158-8, R714-160, R714-161, R714-162, R714-163;

(c) ensure all inspection certificates are issued through the online inspection program, unless the program is temporarily unavailable;

(i) if the online inspection program is unavailable for more than three business days, the station shall contact the division;

(d) retain a copy of all station records for a period of one year, including plate brake test records;

(e) make the station and its records available for inspection by the division;

(f) ensure the station has an adequate supply of paper inspection certificates and stickers;

(g) ensure the paper inspection certificates and stickers are safeguarded against loss or theft;

(h) immediately report missing or stolen paper inspection certificates or stickers to the division;

(i) display the permit at the station in a prominent location that is easily visible to the public;

(j) report any changes in the station's name or address to the division;

(k) report any changes in the permit holder's mailing address to the division;

(l) notify the division if there is a change in inspectors who are employed at the station;

(m) ensure that the station uses and displays only the name of the station provided to the division; and

(n) ensure that the station's Utah Interactive account is not delinquent.

(2) An inspector shall:

(a) work under the direction of a permit holder;

(i) an inspector may also be a permit holder for the same station;

(b) only conduct inspections onsite at the station designated on the employer's permit;

(c) conduct all inspections fully as described in Administrative Rules R714-160, R714-161 R714-162, and R714-163 before an inspection certificate or sticker may be issued or a customer is informed about any reject items;

(d) conduct all safety inspections honestly and thoroughly;

(e) not coerce customers or sell unneeded parts or repairs;

(f) advise customers the vehicle need not be repaired or adjusted at the station that conducted the safety inspection, but needed repairs may be made at any business selected by the customer;

(g) obtain the customer's authorization before performing any repair or adjustments;

(h) return any part that is replaced to the customer, upon request;

(i) show a part that is to be replaced or repaired to the customer if it cannot be returned, upon request;

(j) issue all inspection certificates using the online inspection program if the station is enrolled in the program, unless the program is temporarily unavailable;

(k) enter the information from a paper inspection certificate to the online inspection program within 72 hours after the program becomes available again;

(l) only use his or her assigned username and password issued by the division when using the online inspection program to complete a safety inspection;

(m) complete all paper safety inspection records legibly;

(n) fully complete everything on the inspection certificates, stickers, and sticker reports on the same date the vehicle inspection is conducted;

(o) conduct inspections, issue certificates, and attach stickers to vehicles only at the station where the inspector is employed, unless the inspection is performed on a government-owned emergency fire response vehicle or ambulance;

(p) not sell or transfer inspection certificates, stickers, or sticker reports to another station;

(q) complete inspection paperwork or enter the information in the online inspection program whenever a vehicle is inspected;

(r) avoid conducting safety inspections on his or her personally owned or operated vehicles;

(s) report any change to his or her mailing address to the division; and

(t) notify the division if he or she changes employers.

 

R714-158-10. Inspection Certificates, Stickers, and Sticker Reports.

(1) Inspection certificates will be issued in books of 50 for passenger/light truck, books of 25 for ATVs, and books of 25 for stickers and sticker reports.

(2) A station may purchase two books of inspection certificates for passenger/light truck, four books of inspection certificates for ATV, and four books of sticker reports to use when the online inspection program is temporarily unavailable.

(3) A station may not purchase another book of inspection certificates or sticker reports until the station returns one of the used books that it previously purchased to the division.

(4) Unused books of inspection certificates, sticker reports, or stickers may be returned to the division for reimbursement.

 

R714-158-11. Grounds for the Denial, Suspension, or Revocation of Station Permit or Inspector Certificate.

(1) An applicant or licensee may be denied, suspended, or revoked for any of the following reasons:

(a) a violation of any Utah state or federal safety inspection law, rule or regulation;

(b) providing any false or misleading information during:

(i) the application or renewal process for a permit or certificate;

(ii) a division investigation or station visit; or

(iii) an administrative hearing; or

(c) conviction of a crime involving dishonesty, deception, or theft.

(2) In determining whether denial, suspension or revocation of a permit or certificate is appropriate, the division shall consider the applicant or licensee's previous history with the safety inspection program.

(3)(a) If an inspector is suspended, the inspector may not conduct safety inspections or represent him or herself to be an inspector.

(b) If a permit holder is suspended, no one at the permit holder's station may conduct safety inspections or represent the station as a safety inspection station.

(c) An applicant or licensee who is denied a certificate or permit may not be eligible to reapply for a period of 90 days from the date of denial.

(d) A licensee whose certificate or permit is revoked shall not be eligible to reapply for another certificate or permit for a period of one year from the date of revocation.

 

R714-158-12. Adjudicative Proceedings.

(1) All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4-202.

(2) The division shall initiate agency action against an applicant or licensee with a notice of agency action in accordance with Section 63G-4-201.

(3)(a) An applicant or licensee who receives a notice of agency action indicating that the division intends to deny, suspend, or revoke a permit or a certificate may request a hearing by filing a written request for hearing with the division within 15 calendar days from the date of the notice of agency action.

(b) A hearing shall be held before a hearing officer designated by the division, within 30 calendar days of the day that the division receives the timely written request for hearing, unless the parties agree to a later date.

(c) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

(d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division should not take agency action.

(e) The hearing officer shall issue a written decision in accordance with Section 63G-4-203 within ten business days of the hearing.

(4)(a) An applicant or licensee may appeal the hearing officer's decision to the council by filing an appeal with the division within 30 calendar days of the issuance of the hearing officer's decision.

(b) If a timely appeal to the council is filed, the agency action shall be stayed until the council issues a written decision.

(c) A hearing shall be held before the council within 30 calendar days of the day that the division receives the written appeal, unless the parties agree to a later date.

(d) At the hearing, the applicant or licensee shall have an opportunity to explain why the division's action should be overturned.

(e) The council shall issue a written decision in accordance with Section 63G-4-301 within ten business days of the hearing.

(f) The written decision of the council shall constitute final agency action and is subject to judicial review pursuant to Section 63G-4-402.

 

R714-158-13. Procedures for Safety Inspection Station Closure.

(1) When a safety inspection station is going out of business, the manager or owner of the station shall:

(a) notify the division of the effective date of the closure at least one week prior to the date of closure;

(b) discontinue conducting safety inspections on the date of closure; and

(c) within one week after the date of closure, return the following to the division:

(i) the station permit;

(ii) all inspection certificates;

(iii) all stickers; and

(iv) all sticker reports.

(2) The division shall cancel online access to the Vehicle Safety Inspection System on the effective date of the station closure.

 

KEY: motor vehicle safety, inspections

Date of Enactment or Last Substantive Amendment: [December 1, 2008]2016

Notice of Continuation: July 2, 2012

Authorizing, and Implemented or Interpreted Law: [53-8-201; 53-8-203; 63G-4]53-8-204

 

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