Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Operation of a fleet inspection and maintenance station
shall be subject to the following requirements:
(a) Geographic Location. A fleet owner is
required to obtain a separate license for each station operated.
(b) Display of Station License. An IMS
license shall be placed under glass or other transparent cover, and prominently
displayed in the station where it may be inspected by any authorized employee
of the department.
(c) Care of
equipment. All adjusting, servicing, and testing equipment necessary to the
safe operation of a vehicle and clearance of enforcement documents shall be
maintained in good condition and shall be kept in calibration or adjustment in
accordance with manufacturer's instructions and recommendations.
(d) Clearance of Enforcement Documents.
(1) The superintendent of maintenance shall
ensure that vehicle equipment and component defects indicated on an enforcement
document are corrected, and shall certify on the document that the fleet
owner's vehicle is clear of such violations. Certification shall include date
of correction, station license number, and authorized signature. As used in the
subdivision, "equipment and component defects" do not include vehicle
registration violations.
(2)
Enforcement Document Clearance Register. The superintendent of maintenance
shall maintain a legible enforcement document clearance register to record all
violations cleared pursuant to this article.
(A) The clearance register entries shall
indicate the following:
(1) Name of the
department that issued the enforcement document;
(2) Document number, and issue
date;
(3) Issuing officer's
identification (badge) number;
(4)
Vehicle license or vehicle manufacturer's identification number (last 6
digits);
(5) Each code violation
cleared listed by section number;
(6) Date of clearance; and
(7) Name of the authorized person certifying
clearance.
(B) The
station shall maintain, at a minimum, the enforcement document register at the
facility for the current calendar year plus the two preceding
years.
(e) List
of authorized personnel. The licensee shall provide the department with a list
including the names and signatures of the superintendent of maintenance, and
any alternates who have been authorized to certify correction of violations
indicated on enforcement documents. The licensee shall notify the department in
writing, within 14 days, of any changes of the listed personnel and the dates
on which the changes occurred. No person shall certify clearance of any
enforcement document whose name and signature is not on file with the
department prior to the certification.
(f) IMS Stickers. The acquisition and use of
IMS stickers by fleet owners shall be in accordance with the following:
(1) IMS stickers may be purchased from the
Department of the California Highway Patrol, Fiscal Management Section, by mail
addressed to Post Office Box 942902, Sacramento, CA 94298-2902. IMS stickers
cost 75 cents each. Payment in full is required at the time of purchase, and no
portion is refundable.
(2) A
licensed station shall not use, sell, transfer, or otherwise dispose of IMS
stickers except as permitted by this article, and reasonable security shall be
instituted to prevent theft or misuse of IMS stickers.
(3) At the direction of the superintendent of
maintenance, IMS stickers may be affixed only to vehicles belonging to the
fleet of the owner, routinely inspected and maintained at a licensed IMS
facility of the fleet owner and complying with all applicable equipment
provisions of the California Vehicle Code; the California Code of Regulations;
and if engaged in interstate transportation, Parts 393 and 396 of Title 49,
Code of Federal Regulations.
(4)
The month and year of affixing an IMS sticker to a vehicle shall be shown by
removing more than half of that month and year on the sticker. (See Figure 1.)
An IMS sticker is valid for one year following the earliest month and year
deleted from the sticker.
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(5) IMS stickers shall be affixed to vehicles
only if brakes, required lamps, steering, suspension, tires, wheels, connecting
devices, and other mechanical equipment related to safe operation are in good
working order.
(6) On motor
vehicles, IMS stickers shall be displayed in a 7-inch square in the right lower
corner of the windshield farthest removed from the driver or on the right door
as near as practical to the leading edge of the door immediately below the
window.
(7) On trailing units
(dollies excepted), IMS stickers shall be applied on the right side near the
front, where they will be plainly visible and protected from
scuffing.
(8) On dollies, IMS
stickers shall be applied to the right side and center of the drawbar or other
comparable location.
(9) On
subsequent inspection of a vehicle the superseded IMS sticker shall be
removed.
(10) Each IMS shall
maintain a current register showing in sequential order the full serial number
of each IMS sticker issued, month and year of affixing the IMS sticker to a
vehicle, and make, type, and license number of the vehicle. The station shall
maintain the IMS sticker register at that facility for the current calendar
year plus the two preceding years.
(g) Disposal of Invalidated IMS Stickers.
Disposal of IMS stickers, which for any reason are no longer valid or current
shall be subject to the following provisions:
(1) An IMS sticker shall be removed from or
otherwise obliterated on any vehicle that no longer constitutes a part of the
fleet inspected and maintained at an IMS.
(2) Unused IMS stickers that are no longer
current shall be destroyed and the date and method of destruction shall be
noted in the register, with a notation of the serial numbers of the destroyed
stickers. The notation may consist of a range of numbers indicated by the
beginning and ending sticker number if all of the intermediate stickers were
destroyed.
1. Change
without regulatory effect of subsection (e)(1) (Register 86, No.
48).
2. Change without regulatory effect of subsection (e)(3) filed
2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Change without
regulatory effect of Figure 1 pursuant to section
100, Title 1, California Code of
Regulations filed 5-2-90; operative 5-2-90 (Register 90, No. 23).
4.
Editorial correction of printing error (Register 91, No. 17).
5.
Editorial correction of printing error (Register 91, No. 25).
6.
Amendment of section and NOTE filed 8-13-2008; operative 9-12-2008 (Register
2008, No. 33).
Note: Authority cited: Sections 2525.2, 2525.8 and 40616,
Vehicle Code. Reference: Sections 2525- 2525.12 and 40616, Vehicle
Code.
