Ala. Admin. Code r. 538-X-7-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-7-.04 - Post-Licensing Inspection Of Secure Transporter Facilities And Vehicles

(1) Generally. In addition to the general inspections for licensee facilities to be carried out by the Commission in accordance with § 20-2A-52(a)(3), Code of Ala. 1975, (as amended), a secure transporter licensee shall be subject to inspection of all secure transport vehicles, under the same terms and on the same basis as for licensees' facilities generally.

(a) Pre-Commencement Inspection. When a licensee is set to commence operations at any facility, the licensee shall contact the Commission to set a date for inspection of all facilities and secure transport vehicles under the procedures for a pre-commencement inspection set forth under the procedures outlined in Chapter 4, including that the pre-commencement inspection may be set at any mutually acceptable time. No Secure Transporter's operations may commence at any facility or with respect to any secure transport vehicle until the facility and all secure transport vehicles have passed a pre-commencement inspection with no critical violations and all minor infractions having been corrected. Reinspection following a failed precommencement inspection shall occur within 30 days, after which, if the Secure Transporter passes the inspection, it may commence operations. A Secure Transporter which has failed a second pre-commencement inspection must petition the Commission for permission for a further pre-commencement inspection; if the Commission denies a third pre-commencement inspection or the Secure Transporter fails the third inspection, the Secure Transporter is precluded from commencing operations and its license shall be revoked.

(2) Announced Inspections of Secure Transporter Facilities and Vehicles. Not less than 14 days prior to any announced inspection, the Commission, acting by and through its representative, will notify the secure transporter licensee of its intention to conduct an announced inspection of the licensee's facilities, vehicles, operations, and documentation, advising the licensee of a specific date and time for the inspector's anticipated arrival as well as the individuals who are anticipated to be part of the inspection team. At the time of the announced inspection, secure transporter licensees shall make their facilities, vehicles, personnel, operations, and documentation available for review and auditing at the request of the inspector. In addition to the aspects of inspection listed in Chapter 4 of these Rules, aspects of the inspection of secure transporters shall include, but are not limited to: maintenance and repair logs, transport documentation, PSC licensing and compliance, and insurance records of all vehicles that have been in operation at any time since the last announced inspection; all vehicles not yet acquired or placed into operation that the secured transporter is planning to obtain and/or place in operation at any time during the next two years; motor vehicle citations, penalties, and violations in the last three (3) years; all operations and transports being conducted by the secured transporter, including but not limited to, all machinery, vehicles, equipment and supplies; all security monitoring records, records of route plans, and incident reports related to any vehicle, transport or driver; background check certificates and/or personnel files of all owners, officers, administrators, managers, transport personnel or other employees (full-time or part-time), and volunteers.

(3) Unannounced Inspections of Secure Transporter Facilities and Vehicles. Unannounced Inspections may be conducted without prior notice at any time, without respect to whether the secure transporter has or has not undergone an announced inspection, on the same basis as licensees generally, in accordance with the provisions for such inspections contained in Part IV. Unannounced inspections for secure transporters include, but are not limited to, the category of "administrative inspection" that may be conducted by law enforcement on a secure transporter's vehicle at any time. At the time of licensing, Secure Transporters shall receive information regarding specific procedures that shall be employed to ensure the safety of transport personnel and their cargo when law enforcement officers, acting upon the request of the Commission or otherwise, seek to perform an administrative inspection of a secure transport vehicle.

Ala. Admin. Code r. 538-X-7-.04

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.