La. Admin. Code tit. 55 § III-807

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-807 - Operation as an Official Motor Vehicle Inspection Station

A. Change of Name, Location and/or Ownership

1. Persons operating under a motor vehicle inspection station license contemplating a change of name, location and/or ownership must notify the department in writing before a change is made. All changes must be approved by the department prior to being made by the station. A change in location and/or ownership will require that the new owner/location must meet the current requirements in LAC 55:III.Chapters 7 and 8 of the Motor Vehicle Inspection Program.

2. The new location or owner shall meet all requirements under §805.D and F of this Chapter (minimum requirements for a motor vehicle inspection station and space requirements).

B. Going Out of Business or Discontinuance of Inspections

1. Prior to going out of business or discontinuing inspections, a motor vehicle inspection station owner/operator must immediately notify the department. Either occurrence shall result in the cancellation of the motor vehicle inspection station license. All unused inspection and rejection certificates, along with the motor vehicle inspection station license and all mechanic licenses, must be returned to the department.

C. Official Motor Vehicle Inspection Sign (Public Stations Only)

1. All public motor vehicle inspection stations will be required to display an official motor vehicle inspection sign that must conform to the examples listed herein. The sign shall contain the following language: "Official Motor Vehicle Inspection Station" and shall display the state of Louisiana official seal, with a solid border around the outer perimeter of the sign. The language and state seal shall be displayed as per the pictured example listed as 1. The background of the sign must be orange in color, specifically traffic cone orange (Hex color code value - FF7221 = RGB color code value - 255,114,33). Any language, the state seal, and the border must be black in color. The part of the sign that contains the official language, the state seal, and the border must measure at minimum 18 inches wide by 24 inches high. Any language must be a minimum of 3 inches in height. Any language must be in the font style of "Haettenschweiler". The sign must be displayed in such a manner as to be easily seen and readily distinguishable as an official motor vehicle inspection station by the general motoring public.

2. Display of Inspection Hours and Prices

a. The days and hours of operation shall be displayed on the official MVI sign. The days and hours shall be displayed as per the pictured example listed as 2. (See Subparagraph 3.a. of this Subsection.)

b. The price of all relevant inspections conducted by a station shall be displayed on the official MVI sign. (i.e. emissions, commercial, school buses, etc.) If the station conducts emission inspections, it shall also display the price of such inspections. The prices shall be displayed as per the pictured example listed as 3. (See Subparagraph 3.a. of this Subsection.)

c. Inspection hours and prices shall be displayed either above or below the official MVI sign in the same manner listed in Subsection C.1. of this Section (i.e. color, size, font etc.).

3. If the inspection station is restricted to a certain class of vehicle, another section shall be added to the official Motor Vehicle Inspection sign designating which vehicles are to be inspected. Stations authorized to inspect commercial vehicles and/or school buses must display a sign stating this. Additional sections shall be displayed either above or below the official MVI sign in the same manner listed in Subsection C.1. of this Section (i.e. color, size, font etc.) as per the pictured example listed as 4.

a. Official Motor Vehicle Inspection Sign Examples

Click here to view image

D. Periods of Inspection

1. All vehicles inspected under the provisions of R.S. 32:1301 through R.S. 32:1314 (motor vehicle inspection law) shall be inspected at least bi-annually.

a. Effective January 3, 2005, the department will implement a two-year inspection certificate program. During the initial phase of the program, automotive dealers of new cars and light trucks, which possess current inspection station licenses, shall be authorized to affix a two-year inspection certificate to every new passenger car or light truck sold. Where the registration of a vehicle indicates the domicile of the owner is in a parish that has been placed on the nonattainment list for ozone standards by the United States Environmental Protection Agency, that vehicle shall not be eligible for a two-year inspection certificate.

b. The fee for inspection of a passenger car or light truck and all other vehicles shall be $10 for a one-year certificate and $20 for a two-year certificate except in non-attainment parishes. The owner has the option of requesting either a one- or two-year certificate.

c.Vehicles that are registered inside the non-attainment area and/or vehicles that are registered outside the non-attainment area that are presented for inspection in the non-attainment area that fall within the guidelines of LAC 55:III.817.B shall be issued a one-year certificate only and be assessed an $18 inspection fee.

i. Cars, light duty trucks, and trailers registered or inspected in the non-attainment area that do not meet the criteria for the enhanced emission testing as stated in LAC 55:III.817.B can at the owners discretion be issued a one- or two-year certificate as stated in Subparagraph D.1.a of this Section.

2. The inspection period shall begin January 1 of each year.

3. The re-inspection month shall be determined by the month indicated on each particular vehicle's previous inspection certificate.

4. A vehicle presented for inspection in a month other than the expiration month noted on the previous inspection certificate shall be issued a certificate with the month the new inspection was performed.

5. Vehicles which have had windshields replaced and have a valid inspection certificate need not be re-inspected, but must carry the original certificate in the vehicle and produce it upon demand. The certificate must not be voided or mutilated and must be legible on both sides. This in no way prohibits the owner/operator from having the vehicle re-inspected after installation of the new windshield.

6. Vehicles which have had inspection certificates lost, stolen or damaged must be re-inspected. The fee may be charged for this inspection.

E.R.S. 32:1306(G) Place of Inspection

1. Notwithstanding any law, rule or administrative policy to the contrary, official MVI stations shall not be required to reserve a service bay or stall for the exclusive purpose of conducting motor vehicle inspections, but such stall or bay must be cleared and available within 20 minutes from the time an inspection is requested.

2. Mechanic inspectors shall only conduct motor vehicle inspections within a bay or stall that has been approved by the department. Mechanic inspectors shall only conduct braking tests on an area 150 feet long by 8feet wide that has been approved by the department as a brake test area.

3. Inspection and rejection certificates shall be issued to a vehicle only by an authorized, licensed mechanic inspector. This will only be done within a bay or stall that has been approved by the department at an authorized inspection station.

F. Ordering Inspection/Rejection Certificates

1. All orders for inspection or rejection certificates should be directed to the local Office of Motor Vehicles.

2. Demands for inspection or rejection certificates should be anticipated before the station's supply is depleted. Every motor vehicle inspection station will be required to have 15 of each type certificates or more on hand at all times. (Example: one and two year general, as well as commercial certificates if applicable)

3. Except as otherwise provided in LAC 55, Part III, Chapter 8, inspection and rejection certificates are not transferable from one Motor Vehicle Inspection station to another. However, report forms, requisition forms and stamps may be borrowed from another station.

4. Only authorized commercial Motor Vehicle Inspection stations with a current license will be permitted to purchase commercial inspection certificates. Each inspection station shall have only one person designated to purchase inspection certificates from the Office of Motor Vehicles. Only commercial inspection stations will be allowed to purchase commercial stickers.

5. Motor vehicle inspection certificates and rejection certificates, and requisition forms may be obtained from the Office of Motor Vehicles.

6. If a station submits funds which are returned NSF from the bank, the station license shall be suspended until the Office of Motor Vehicles receives the funds and penalties associated with the NSF check.

a. If the station does not satisfy the NSF check within 30 days from date of suspension, the stations license shall be permanently revoked and the station will have to re-apply as a new station once all funds and penalties have been received by the Office of Motor Vehicles. The station will have to meet all present requirements as a new station applicant.

b. If the owner of the MVI station is also the owner of the stations property, a license will not be issued to any other applicant who applies for a license on that property until the Office of Motor Vehicles receives the funds and penalties associated with the NSF check.

G. Lost or Stolen Inspection/Rejection Certificates

1. All inspection/rejection certificates and inserts are the property of the Louisiana Department of Public Safety and Corrections and must be safeguarded against loss. They must be kept in a secure place under lock and key, available only to the mechanic inspector. (Inspection/rejection certificates can only be placed on an inspected vehicle.)

2. Each inspection station will be accountable for each inspection/rejection certificate and inserts it receives from the department. Lost or stolen certificates must be accounted for on the log report by numerical listing. In lieu of the inspection information, the word "lost" or "stolen" must be noted on the log report by that certificate number.

3. Should an inspection/rejection certificate or insert be lost or stolen, the department must be notified immediately. If a theft is suspected of an inspection or rejection certificate, the local law enforcement agency shall be asked to investigate the theft and the MVI station must forward a copy of the police report to the department.

4. The loss of any certificates may be grounds for the imposition of a civil penalty or revocation of the station license. Theft of certificates or possession of stolen certificates may result in prosecution of the person(s).

H. War ning Notices. A written warning may be issued by a representative of the department for any infraction of the rules and regulations. This will become a permanent part of the station's file and will be a basis for determining the issuance of a civil penalty, suspension or revocation.

I. Motor Vehicle Inspection Log Report

1. All entries must be legible and made in ink only. The audit number of the inspection or rejection certificates issued must be listed in numerical order and must be shown on the report. All other required information must be provided for the vehicle inspected. Vehicle information will be obtained from the registration. The operator's license number must be taken from the driver's license of the person presenting the vehicle for inspection and not from the registration. In addition to the foregoing all blanks on any log sheets will include all related information. Examples include information related to each station, dates of each week, mechanic inspector(s) name, signatures with date, inspection totals, etc.

a. Stations that are required to maintain log sheets shall maintain the log sheets for 36 months.

i. General MVI Stations. A separate log shall be kept for the one- and two-year certificates.

Exception: Log sheets are not required to be utilized if a station is required to enter the inspection information on the DEQ computer system.

ii. Commercial MVI Stations. The station must maintain a copy of each commercial log sheet.

iii. School Bus MVI Stations. The station must complete and maintain a copy of each school bus inspection checklist.

2. Torn, voided or damaged inspection or rejection certificates must be recorded on the log report. All information required shall be listed on the log sheet and the station shall write torn, voided, or damaged in the signature block. The torn, voided or damaged inspection/rejection certificates shall be attached to the log sheet.

a. stations in the non-attainment area who utilize the DEQ computer system shall also keep a log of all torn, voided, or damaged inspection/rejection certificates and emission inserts. The non-attainment station must comply with Paragraphs 1 and 2 of this Subsection. The non-attainment station that issues a certificate due to the challenge station advising the station to issue a MVI certificate must use the same log as stated above.

3. Falsifying information on any official document, including the inspection report, or computer is a criminal offense. Felony charges may be brought against anyone providing fraudulent information on an inspection report or forging anyone's signature.

4. Dealer, fleet, public, and government Motor Vehicle Inspection stations will no longer be required to submit log reports to the department.

5. Log reports shall be kept in the log book at the Motor Vehicle Inspection station for 36 months. These reports shall be available for inspection by department personnel or law enforcement officers. After 36 months, a station may destroy the log sheets by burning or shredding.

6. Stations in the non-attainment area which are required to submit their inspection information electronically must do so in real time.

a. Stations in the non-attainment area that are licensed to inspect commercial vehicles must maintain a copy of each commercial log sheet for 36 months.

7. Official motor vehicle inspection stations can obtain copies of the log sheets from the Louisiana State Police website at www.lsp.org. Weekly and Commercial forms must be printed on legal size paper (14" wide X 8.5" high). School bus forms may be printed on letter size paper (11" high X 8.5" wide). Copies of log sheets may be made, but they must be made from current state issued log sheet and contain the same information, in the same order.

La. Admin. Code tit. 55, § III-807

Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2424 (December 1999), amended 27:2260 (December 2001), repromulgated LR 28:345 (February 2002), amended LR 30:2859 (December 2004), amended by the Department of Public Safety and Corrections, Office of State Police, LR 38:2552 (October 2012), Amended by the Department of Public Safety and Corrections, Office of State Police, LR 42433 (3/1/2016), Amended by the Department of Public Safety and Corrections, Office of State Police, Transportation and Environmental Safety Section, LR 43538 (3/1/2017), Amended LR 441633 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.