Current through Register Vol. 50, No. 9, September 20, 2024
A. The Department
of Public Safety, upon application and issuance of a motor vehicle inspection
license, will authorize a station to conduct certain type inspections. The
inspections will be designated by the station number issued to it. Below is an
example of a station number.
EXAMPLE NUMBER P03255A-ABCDG
(1)
|
(2)
|
(3)
|
(4)
|
P
|
03255
|
A
|
BCDG
|
Position (1) Denotes type of station-
P=Public
D=Dealer
F=Fleet
G=Government
Position (2) Denotes station number
Position (3) Denotes Troop Area the MVI station is located
in.
Position (4) Denotes the type of inspection the station is
allowed to perform-
B-School Buses
C-Comercial Motor Vehicle Inspections
D-Non-attainment emission testing
G-General inspections-(automobile, trucks, suvs,
trailer
M-Motorcycles
B.
Classes of Inspection Stations. The classes of Official Motor Vehicle
Inspection (MVI) Stations authorized in Louisiana are:
1. Public Station. Stations authorized by the
Louisiana Department of Public Safety and Corrections to inspect any and every
vehicle presented for inspection. When warranted and approved by the
department, certain stations may be designated to inspect only specific classes
of vehicles. When authorizing a public station to inspect only a certain class
vehicle, the class of vehicle to be inspected and justification for each
authorization shall be noted in the remarks section of the station application
form. Such stations will display a sign immediately adjacent to the official
Motor Vehicle Inspection sign designating the classes of vehicles which can be
inspected. The designation of a specific class of vehicle to be inspected by a
station may be as follows:
a. trucks and
trailers only;
b. passenger
vehicles and light duty trucks only;
c. motorcycles only; and
d. stations inspecting commercial vehicles
and school buses are required to have special authorization from the
department.
2. Dealer
Station. Any person, association or corporation licensed as a dealer of
vehicles which are subject to registration may be licensed as an official MVI
dealer inspection station. These stations may only conduct inspections of both
new and used vehicles owned by the dealer which are for sale or demonstration.
A notation will be made in the remarks section of the application form
indicating what type of vehicles is to be inspected. When a dealer is
authorized to inspect, it is mandatory that all vehicles sold as new or used
must be properly inspected and a valid inspection certificate affixed thereto
as prescribed by the official rules and regulations under LAC 55:III.Chapters 7
and 8.
3. Fleet Station. Any motor
vehicle repair or maintenance shop operated or maintained by a person, firm or
corporation in whose name 10 or more vehicles are licensed under the provisions
of R.S.
47:462, may be designated as an official
fleet MVI station. Fleet stations may inspect only those vehicles registered to
or under bona fide lease to the company designated as an official fleet
inspection station;
4. Government
Station. A town, municipality, city, parish or state agency to which the
department has granted authority to inspect vehicles owned and registered to
these government agencies. These stations will not be approved unless they have
their own repair shop; a school board may be granted authority to inspect and
certify vehicles operated or contracted by that board.
5. Non-attainment area stations are
inspection stations receiving specialized training and licensing. Only
non-attainment area stations are permitted to inspect vehicles registered
within this area that are subject to the inspection and maintenance (I/M)
program as provided in 32:1306(B)(3) and LAC 55:817. The nonattainment area
consists of five parishes. These parishes are designated by the four-digit
domicile code on the registration. Domicile codes beginning with 03 (Ascension
Parish), 17 (East Baton Rouge), 24 (Iberville Parish), 32 (Livingston Parish),
or 61 (West Baton Rouge) are within the non-attainment area.
C. Request for Appointment as an
Official Inspection Station
1. A written
request must be submitted to the department at the main office located at 7919
Independence Blvd., Baton Rouge, LA 70806 in order to become an official MVI
station. The request can be mailed or faxed. A representative of the department
will be assigned to inspect the premises and interview the personnel to
determine that all minimum requirements are met.
a. A background check including a criminal
history check will be conducted on each applicant applying for a Motor Vehicle
Inspection Station License. Applicants with felony backgrounds may be refused
to be licensed.
2.
Should a person, firm or corporation currently operating a motor vehicle
inspection station make application to add commercial inspections at their
location, a thorough investigation and evaluation of the performance of the
existing station will be conducted. Should the investigation show that the
existing station has been operated within the rules and regulations of the
motor vehicle inspection program, and the owner/operator has demonstrated a
willingness and desire to fulfill all of the obligations and responsibilities
as an MVI station operator, the application for the new station, if all other
requirements are met, may be approved.
3. Any station application that is found to
be falsified for any reason shall result in a denial of the stations
application.
D. Minimum
Requirements for a Motor Vehicle Inspection Station
1. The following minimum requirements must be
met prior to approval as an official MVI station:
a. the prospective MVI station must project
an image of a clean and orderly place of business;
b. MVI station locations must comply with
current local occupational, zoning and building inspection codes, and must be
current at the time of application or occupation
i. must submit a copy of the occupational
license for the MVI station;
ii. if
the building is leased, the lessee must provide a copy of the written lease
agreement and keep a copy on file at the station. The lease must be at least a
minimum of 12 months and include verbiage that the lessee is allowed to conduct
motor vehicle inspections. Verbal leases and subleases will not be
allowed;
c. must have a
covered vehicle stall or bay, with a roof and two permanent connecting walls,
large enough to accommodate the inspection of a full-sized motor
vehicle.
E.
Renewal of Motor Vehicle Inspection Station License
1. All motor vehicle inspection licenses
expire on December 31 of each calendar year.
a. Completed renewal packets should be
returned to the department 30 days prior to the expiration of the
station/mechanic license.
i. All outstanding
civil penalties must be paid prior to issuance of the new MVI
license.
ii. If all required
paperwork and fees are not submitted, the station license will not be
renewed.
b. if the motor
vehicle inspection station license has not been renewed by December 31, then
starting January 1 of the following calendar year, the station must stop
conducting all MVI inspections until the license has been renewed and the new
license is received by the station from the MVI officer;
c. if the MVI station fails to renew their
MVI license by January 31 following the expiration of their expired MVI
license, then on February 1 the station license shall be revoked until the
following conditions are met:
i. must submit
paperwork as required for a new station and must meet all new station/mechanic
inspector requirements as stated in this Section. It is the stations
responsibility to contact the office if it did not receive its station renewal
and complete and return it before the new calendar year;
ii. must pay all outstanding civil
penalties.
F. Space Requirements
1. All motor vehicle inspections, including
the brake check, must be conducted on the premises licensed and must be
conducted on a hard solid surface (concrete or asphalt, not just concrete
washout or reclaimed asphalt, etc.). A minimum of 150 feet long by 8 feet wide
will be required to conduct the brake test, it will be level as well as free
from major defects, and must be conducted in a safe location. Officers may
reject any applicant if the station does not have the required space or the
location is deemed to be unsafe to safely conduct inspections.
2. Commercial and/or School Bus Stations
(only) Inspection Stall or Bay. All commercial and/or school bus stations shall
be equipped with a stall or bay that is large enough to accommodate a
combination tractor-trailer commercial motor vehicle of legal dimensions. Legal
dimensions for a combination tractor-trailer are as follows, overall length
75ft, width 8ft 6in, and height 14ft. The stall or bay must have a roof and two
permanent connecting walls. The stall or bay shall have a smooth, level, free
from major defects hard surface (concrete or asphalt, not just concrete washout
or reclaimed asphalt, etc.) that is able to withstand the weight of an 80,000
lbs combination tractor-trailer. A pit in the stall or bay the length of a
combination tractor-trailer is encouraged, but will not be required.
Combination tractor-trailers entering or leaving the inspection site shall be
able to do so without repeated adjustment. An example would be the vehicle
pulling into and backing out of a position to enter or leave a location,
especially when it involves doing so from or onto a public roadway. A vehicle
having to make multiple attempts to enter from a public roadway would cause a
safety issue that affects the general motoring public and will not be
allowed.
3. If an applicant
requests to become both a general and commercial/school bus inspection station,
it shall meet the requirements of both Paragraphs 1 and 2 of Subsection F,
Space Requirements.
G.
Equipment Required for Safety Inspections
1.
The following required equipment will be readily accessible during inspection
hours and in good working order:
a.
windshield scraper for removing old certificates;
b. numerical stamps (#1 through #12) 1 inch
in size, an X stamp, and a black indelible ink stamp pad;
c. tire depth gauge;
d. measuring tape at least 6 feet in
length;
e. flashlight;
f. tint meter (two-piece type);
g. adjustable mirror; and
h. a telephone number listed under the name
of the station as it appears on the station license, with a telephone located
at the place of business. All stations in the non-attainment area shall have
the ability to access a telephone and the world wide web simultaneously during
normal hours of operation;
i. on
board diagnostic systems test equipment and evaporative system test equipment
which includes gas cap pressure test equipment as per the United States
Environmental Protection Agency (U.S. EPA) specifications.
Stations must have such approved equipment readily
accessible and in good working order. This equipment must be in or near the
inspection area. The provisions of this Subparagraph shall only apply to
inspection stations located in the non-attainment area. Any inspection station
incorporated into a new DEQ emissions control program non-attainment area shall
adhere to U.S. EPA specifications;
j. mechanic's creeper. The provisions of this
Subparagraph shall only apply to stations that conduct commercial and school
bus inspections;
k. soapstone
marker. The provisions of this Subparagraph shall only apply to stations that
conduct commercial and school bus inspections;
l. two wheel chocks (commercial and school
bus inspection only);
m. floor jack
or lift or two jack stands. This equipment must be capable of lifting and
safely holding up the vehicle being inspected.
n. a current Federal Motor Carrier Safety
regulation handbook (updated within one calendar year) as prescribed by: the
U.S. Department of Transportation, Federal Motor Carrier Safety
Administrations, parts 40, 303, 325, 350-399 (commercial and school bus
inspections only);
o. brake chamber
tool (commercial and school bus inspections only);
p. tire pressure gauge;
q. a current e-mail address from the
station;
r. additional equipment
may be required by the department as it may be deemed necessary, for the proper
operation of an inspection station. The department shall give prior written
notice of any additional equipment requirements. After such written notice is
given, such additional equipment requirement shall be enforced as if included
in these rules.
H. Responsibility of Station Owner or
Operator. Upon application for designation as an official MVI station, the
owner/operator has pledged himself to:
1. act
as directed by the department when inspecting vehicles in accordance with these
rules;
2. any changes or updates to
Title 55, Public Safety (LAC 55), can be located on the Division of
Administration public website:
www.doa.la.gov/Pages/osr/lac/books.aspx
All inspectors and station owners are required to check for updates twice a
year or when advised to do so by the department;
3. use only employees authorized and licensed
by the department to perform the actual inspection of motor vehicles;
4. conduct honest, thorough and efficient
inspections in accordance with motor vehicle inspection laws and the
department's regulations;
5.
maintain in good working order all required tools and equipment described in
the minimum requirements, and to cease operations immediately and contact the
Department of Public Safety, MVI Section when this condition is not
met;
6. maintain a clean and
orderly place of business and shop. The owner/operator is responsible for his
employees in this respect;
7.
refrain from the use of alcohol or drugs while on duty. MVI stations shall not
be located on the premises or property where alcoholic beverages are
sold;
8. keep an adequate supply of
all types of inspection and rejection certificates and all necessary forms on
hand at all times; adequate supply shall be considered 15 certificates or more
of each type;
9. perform
inspections and affix certificates of inspection only in an approved bay or
stall at the business location designated on the station license, affix valid
certificates of inspection only to those vehicles which have been properly
inspected and have passed the safety and/or emission requirements;
10. have at least one approved mechanic
inspector on duty to conduct all types of inspections that are offered by that
station. At a minimum these inspections will be conducted during the hours
listed by a station for each normal business day.;
11. must be open a minimum of 40 hours per
week. The days and hours the station is open will be determined by the station
owner and approved by the department. The days and hours of operation must be
posted on the MVI sign;
a. if a station is
required to close or there is not an inspector on-duty for any reason during
its posted hours, the station owner or operator must notify the MVI Section by
phone, fax or e-mail before closing or ceasing inspections. The station will
also post a notice of closure on a main door or in a main window that the
station is closed or that an inspector is not available. The notice will
include the date and approximate time it will reopen or the inspector will be
available;
12. ensure
that all mechanic inspectors attend all meetings, training programs and various
schools required by the Louisiana Department of Public Safety and
Corrections;
13. be responsible for
the actions of his mechanic inspectors in all matters relating to motor vehicle
inspections. All civil penalties will be addressed to the station and the
payment of penalties will be the responsibility of the owner/operator. The
station owner/operator is responsible for all violations and fines concerning
the operation of his/her station including the actions of his/her mechanic
inspectors;
14. immediately follow
all directives and instructions issued by the department;
15. properly inform all employees of the
rules and regulations set forth herein. Continued supervision of all mechanics
authorized to inspect motor vehicles must be maintained; and
16. contact the Motor Vehicle Inspection
Section of the Louisiana Department of Public Safety and the Department of
Environmental Quality of any changes in mechanic inspectors.
I. Requirements for Approval of
Mechanic Inspectors. Before any mechanic can perform inspections, the
department shall review the mechanic's qualifications and may authorize him to
inspect. The following requirements shall be met by each applicant prior to
being approved as a mechanic inspector:
1.
shall be at least 18 years of age;
2. a criminal history check shall be
conducted on all new and renewal applicants who are requesting to be licensed
as a mechanic inspector. The following will be grounds for rejection of a
mechanic inspector application:
a. any felony
conviction within ten years of application, unless the felony is a crime of
violence, a felony is defined by
R.S.
14:2(A)(4);
b. a felony conviction for an offense related
to the operation of a motor vehicle within five years of application, unless
the felony is a crime of violence;
c. any felony conviction as defined by
R.S.
14:2(B) as a crime of
violence;
d. any person who is
registered as a sex offender or a child predator;
e. any new mechanics application that is
found to be falsified for any reason shall result in a denial of the individual
applying. The denial period is at the discretion of the department;
f. any existing mechanic inspector who is
convicted of a felony while licensed will be suspended or revoked in accordance
with the above Subparagraphs a-e of this Paragraph;
g. if an existing mechanic inspector has been
arrested for a felony, he will be suspended until the charges have been
adjudicated. In the event there is only inspector licensed to conduct
inspections, the station will also be suspended. Before the suspension is
lifted, the inspector will provide the department with official certified court
documents that show the inspector has been cleared of all felony
charges;
h. if an existing mechanic
inspector does not have a current certification/accreditation he shall be
suspended until the certification/accreditation is again current.
3. shall be able to read and write
the English language. They shall be able to complete MVI certificates and
reports accurately and legibly;
4.
shall possess a valid Louisiana operator's license. The operator's license
shall not be subject to any order of suspension, revocation or cancellation or
any other order or action which prevents the issuance of a duplicate or renewed
operator's license. An approved mechanic inspector residing in a bordering
state or those on active military duty shall furnish a valid operator's license
from their resident state along with a copy of their driving record. The
suspension, revocation, or cancellation of a mechanic inspector's operator's
license shall be grounds to suspend his authority to inspect vehicles. A
mechanic inspector shall notify the department immediately of such suspension,
revocation, or cancellation of his operator's license;
5. shall successfully complete a training
program offered by a state accredited and department approved post-secondary
educational institution (which shall include community colleges and
vocational-technical schools). The instructor of this program shall possess at
least two years of previous automotive/truck mechanic experience or be an
ASE-certified master technician. The curriculum of this training program shall
be subject to review of, and approval by, the department to ensure inclusion of
all aspects of the Motor Vehicle Inspection Program. A mechanic inspector
employed by a station approved to inspect school buses and commercial vehicles
shall also be properly trained in those areas prior to licensure. A mechanic
inspector to be employed by a station within the five parish nonattainment area
must first successfully complete special training related to emissions testing.
A mechanic inspector whose license has not been current for a 12-month period
shall successfully complete a new training program in order to renew his
license;
6. a mechanic may be
approved to inspect at more than one location. A separate application and fee
for each location must be submitted;
7. upon completion of the training program,
and submission of the mechanic inspector applications current fee, the mechanic
will be certified as a mechanic inspector. The department will re-issue the
station license with the new inspectors name noted on the license. The
inspector may be required to show proficiency and knowledge of the inspection
procedures before he/she is allowed to conduct inspections even after attending
the class. A mechanic inspector must have successfully completed the MVI school
from which he/she is to be licensed or have been licensed by the department
within the previous 12 months. If not, the mechanic inspector must attend the
motor vehicle inspection class that he wishes to be certified in.
8. Commercial and/or School Bus Stations. The
following requirements shall be met by each applicant prior to being approved
as a mechanic inspector for stations that are authorized as commercial and/or
school bus:
a. shall meet the same
requirements outlined in Subsection I of this Section, except as stated here
in;
b. shall be a current ASE
(automotive service excellence) certified diesel mechanic or have an equivalent
accreditation. Proof shall be provided to the department for review that the
mechanic is currently certified and again after every reaccreditation period
has been renewed, depending on the type of certification. Proof of current ASE
certification or an equivalent type accreditation shall be kept on file at each
inspection location for each inspector, for department review. The department
has the right to deny a mechanics application due to the type of
certification/accreditation. Denial by the department will take place if it
believes the type of certification/accreditation to be less than the current
industry standards, as determined by the department;
c. shall have at least five years of
experience as an ASE certified diesel mechanic or an equivalent accreditation.
The mechanic shall provide proof of such experience and certification to the
department for review. Proof shall be kept on file at each inspection location
for each inspector, for department review.
NOTE: for this section an accredited diesel mechanic will
have, but not be limited to, auto maintenance and light repair, engine repair,
manual drive train and axles, suspension and steering, brakes, light vehicle
diesel engines, and diesel engines certifications. In addition for School Bus
inspectors, accreditations must include the same areas as above and include
School Bus certifications.
J. Duties and Responsibilities of Authorized
Mechanic Inspectors
1. The authorized
mechanic inspector shall:
a. always properly
and thoroughly conduct an official inspection of vehicles presented for that
purpose;
b. only affix inspection
certificates to an approved vehicle. By doing this, he is placing a certificate
of safety on the vehicle, indicating it is safe for operation on the
highway;
c. be sure that no life
may be jeopardized by his error, carelessness or indifference;
d. owe a duty to his employer, who has
pledged to assist in safeguarding the lives of motorists, to ensure against the
operation of unsafe vehicles;
e.
inform the owner/operator of the actual condition of his vehicle after
completion of an inspection;
f.
verify that all equipment is of an approved type and is properly adjusted as
prescribed. Evaporative system test equipment must be properly calibrated as
recommended by the manufacturer;
g.
perform each inspection with the understanding that he assumes full
responsibility for the quality of the inspection when he signs the inspection
certificate and places his name on the station's weekly/monthly log
report;
h. always remember that he
has been authorized to inspect vehicles because he has demonstrated the
knowledge to act as an agent of the state of Louisiana when inspecting
vehicles;
i. abide by the
inspection laws, rules, regulations and/or procedures. Failure to do so by an
authorized mechanic inspector may result in a civil penalty being imposed and
could result in the permanent revocation of inspection privileges and may
subject him/her to criminal and or civil prosecution;
j. when changing employment from one
inspection station to another, the mechanic inspector or station shall inform
the department that he is no longer employed by the inspection
station;
k. determine whether the
vehicle being presented for inspection should be inspected under the normal
inspection procedures, school bus regulations or commercial criteria. The
inspector shall not examine a vehicle he is not certified to inspect.
2. The department reserves the
right to withdraw for cause its authorization of any mechanic inspector or to
re-examine a mechanic inspector at any time. If a mechanic inspector has been
unlicensed for one year or more he must be re-trained before inspecting any
vehicle.
K. Approval as
an Inspection Station
1. No inspection
station shall be appointed as an official motor vehicle inspection station
until all of the requirements have been met.
2. If the application is approved, the
applicant will be notified. Once the applicant provides a permit fee, an MVI
station license will be issued to the applicant. The station will be required
to pay an annual renewal fee. An applicant for a public motor vehicle
inspection station shall also provide a $5,000 bond.
3. When all conditions have been met, the
station license will be mailed or delivered to the station by a representative
of the department appointed to supervise the station. The station license will
be presented to any law enforcement officer upon demand.
L. Any applicant who is issued a new station
or mechanic inspector license by the department shall be required to serve a
one-year probationary period. The department may revoke the license for any
violation under the Motor Vehicle Inspection Program contained in this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
32:1304-1310.