N.J. Admin. Code § 13:20-44.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-44.14 - Certification of inspection

(a) Each licensed private inspection facility shall have the authority to perform inspections in all motor vehicle inspection categories established by the Motor Vehicle Commission and to certify that specific items for which a motor vehicle was rejected at inspection have been corrected so that the motor vehicle is in proper operating condition and that it conforms to the inspection standards adopted by the Motor Vehicle Commission at N.J.A.C. 13:20-33 and 43 and the Department of Environmental Protection at N.J.A.C. 7:27-15 and 7:27B-5 or 7:27-14 and 7:27B-4, whichever are applicable.

(b) Each licensed private inspection facility shall have the authority to perform inspections in motor vehicle inspection categories established by the Motor Vehicle Commission, other than the engine emissions inspection category, and to certify that specific items for which a motor vehicle was rejected at inspection, other than a rejection for engine emissions, have been corrected, so that the OBD-equipped and OBD-eligible motor vehicle is in proper operating condition and that it conforms to the inspection standards adopted by the Motor Vehicle Commission at N.J.A.C. 13:20-33 and 43 and the Department of Environmental Protection at N.J.A.C. 7:27-15 and 7:27B-5 or 7:27-14 and 7:27B-4, whichever are applicable.

(c) A licensed private inspection facility shall not certify that items for which a motor vehicle was rejected at inspection have been corrected unless the licensee, or a licensed emission inspector or mechanic acting as an employee or agent of the licensee, has inspected the motor vehicle in accordance with N.J.A.C. 13:20-33 and has determined that all defects detected at inspection have been corrected, so that the motor vehicle is in proper operating condition and that it conforms to the inspection standards adopted by the Motor Vehicle Commission at N.J.A.C. 13:20-33 and 43 and the Department of Environmental Protection at N.J.A.C. 7:27-15 and 7:27B-5 or 7:27-14 and 7:27B-4, whichever are applicable.

(d) Certification shall be evidenced by the affixation of a certificate of approval on a motor vehicle as specified in 13:20-43.11(a) and 33.2(k).

(e) Certification of a motor vehicle by a licensed private inspection facility or an employee thereof shall constitute the licensee's representation that the licensee, or a licensed emission inspector or mechanic, has inspected the motor vehicle in accordance with N.J.A.C. 13:20-33 and has determined that the motor vehicle is in proper operating condition and conforms to the inspection standards adopted by the Motor Vehicle Commission at N.J.A.C. 13:20-33 and 43 and the Department of Environmental Protection at N.J.A.C. 7:27-15 and 7:27B-5 or 7:27-14 and 7:27B-4, whichever are applicable.

(f) The fee that a licensee may charge the consumer for affixing a certificate of approval shall not exceed $ 2.50.

(g) The fee which a licensee may charge for reinspection of items for motor vehicles having a GVWR of 8,500 pounds or less, motor vehicles having a GVWR greater than 8,500 pounds, and motorcycles rejected after inspection and which have been repaired by the motor vehicle owner or lessee or someone not under the direction of the licensee shall not exceed that portion of the licensee's established hourly labor charge for repair service as specified by the Chief Administrator to be the average time required to reinspect a particular item of equipment. A licensee shall inform the consumer in advance that the licensee's charge for such reinspection shall not exceed that portion of the hourly labor rate.

(h) Every licensee who performs inspection certification services for the general public shall conspicuously display a schedule of inspection charges at his or her place of business and shall file a copy thereof with the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission. The schedule of inspection charges for a Class I licensed private inspection facility shall specifically set forth the inspection charge for the initial inspection of motor vehicles having a GVWR of 8,500 pounds or less and the inspection charge for the initial inspection of motor vehicles having a GVWR greater than 8,500 pounds. The schedule of inspection charges for a Class I-A licensed private inspection facility shall specifically set forth the inspection charge for the initial inspection of motor vehicles having a GVWR of 8,500 pounds or less. The posted schedule shall not be smaller than one square foot.

N.J. Admin. Code § 13:20-44.14

Amended by R.1997 d.100, effective 3/3/1997.
See: 28 N.J.R. 2334(a), 29 N.J.R. 788(a).
Deleted provisions which prohibited vehicles over four years old or which failed two initial emission tests from inspection at private facilities.
Amended by R.1999 d.422, effective 12/6/1999.
See: 31 N.J.R. 2466(a), 31 N.J.R. 4078(a).
Rewrote the section.
Administrative change.
See: 33 N.J.R. 4388(a).
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" throughout; and in (i), substituted "Chief Administrator" for "Director".
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In (a), inserted "or 7:27-14 and 7:27B-4, whichever are applicable"; added new (b); recodified former (b) through (j) as (c) through (k); in (d) and (g), substituted ", Class I-A," for "or" and inserted "or Class II-A" and "or 7:27-14 and 7:27B-4, whichever are applicable"; and in (k), inserted "for a Class I licensed private inspection facility" and the third sentence.
Amended by R.2014 d.008, effective 1/6/2014.
See: 45 N.J.R. 842(a), 46 N.J.R. 103(c).
Rewrote the section.