N.J. Admin. Code § 13:20-44.3

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

Section 13:20-44.3 - Scope; license required; vehicle classes; inspection services; license classes

(a) This subchapter shall apply to every person engaged in the business of a private inspection facility which performs inspections, reinspections and certifications of motor vehicles, including emission control systems.

(b) No person shall, on or after June 29, 1995, engage in the business of a private inspection facility unless licensed by the Chief Administrator in accordance with the provisions of this subchapter.

(c) Private inspection facilities shall be licensed to engage in the inspection, re-inspection, and certification of light-duty gasoline-fueled vehicles, light-duty gasoline-fueled trucks, heavy-duty gasoline-fueled vehicles, bi-fueled motor vehicles, diesel-fueled automobiles, diesel-fueled trucks having a GVWR of 8,500 pounds or less and 18,000 pounds or more and passenger vehicle transportation; provided, however, private inspection facilities shall not inspect school buses, buses which are subject to inspection by the Motor Vehicle Commission's Inspection Services Bus Unit, or motor vehicles with elevated chassis height that are subject to inspection in accordance with N.J.A.C. 13:20-37.

(d) Licensed private inspection facilities shall provide inspection, re-inspection, and certification services for all classes of motor vehicles established by the Motor Vehicle Commission, including the following inspection categories:

1. Credentials;

2. On-board diagnostics;

3. Brake system;

4. Exhaust system;

5. Steering, suspension, tires and wheels;

6. Glass (windshield, windows);

7. Electrical (all switches, signals, wipers, lenses and lights, including headlights); and

8. Miscellaneous (any inspection item not in other categories)

(e) Licensed private inspection facilities shall provide inspection, re-inspection, and certification services in motor vehicle inspection categories, other than the engine emissions inspection category for passenger and commercial vehicles inspection in accordance with 39:8-1 and established by the Motor Vehicle Commission, including credentials and on-board diagnostics.

(f) Class II and Class III private inspection facilities shall provide inspection, re-inspection, and certification services in motor vehicle inspection categories for all heavy-duty diesel-powered motor vehicles having a GVWR of 18,000 pounds or more as established by the Motor Vehicle Commission, including credentials and smoke opacity testing or OBD.

(g) Each motor vehicle inspection conducted by a private inspection facility pursuant to this subchapter shall include an examination of the driver's license, motor vehicle registration certificate, and insurance identification card; provided, however, that this subsection shall not apply to Federal motor vehicles inspected in accordance with 13:20-43.4 or to motor vehicles registered in other states inspected in accordance with 13:20-43.5.

(h) Private inspection facilities must have Department of Environmental Protection-approved emission equipment to perform a specific test set forth at N.J.A.C. 7:27B-4 and 7:27-15.5.

1. A license shall be issued to private inspection facilities to engage in the inspection and certification of OBD-equipped and OBD-eligible light-duty gasoline-fueled vehicles; light-duty gasoline-fueled trucks; heavy-duty gasoline-fueled vehicles; bi-fueled motor vehicles; diesel-fueled automobiles; diesel-fueled trucks having a GVWR of 8,500 pounds or less; diesel-fueled trucks having a GVWR of 18,000 pounds or more; and passenger vehicle transportation.

2. A private inspection facility with a fleet license shall be issued to owners or lessees of fleets of 10 or more light-duty gasoline-fueled vehicles; light-duty gasoline-fueled trucks; heavy-duty gasoline-fueled vehicles; bi-fueled motor vehicles; diesel-fueled automobiles; diesel-fueled trucks having a GVWR of 8,500 pounds or less; diesel-fueled trucks having a GVWR of 18,000 pounds or more; and passenger vehicle transportation to engage in the inspection and certification of such motor vehicles.

(i) Private inspection facilities can perform offsite vehicle inspections. The criteria to perform offsite inspections are as follows, the private inspection facility:

1. Must have designated test equipment for offsite inspections;

2. Can only inspect fleets of 10 or more vehicles;

3. Inspections cannot be performed in residential areas;

4. Must maintain a file of written agreements for contracted fleets.

i. The written agreement allows the private inspection facility to perform inspections at the fleet's location; and

ii. The fleet owner must grant the State access to the location at the time of inspection, permitting the State to audit the mobile inspection. The "State" as used in this subparagraph includes the Motor Vehicle Commission, the Department of Environmental Protection, the State Police, the Division of Consumer Affairs, the Division of Taxation and other State entities;

5. Must schedule inspections, and a list of all vehicles being inspected, must be transmitted to the Private Inspection Facility Regional Office two weeks in advance. This list must contain the license plate number and the last four digits of the vehicle identification number for each vehicle being inspected; and

6. At the time of an offsite inspection, inspectors shall have the following materials with them:

i. All inspection certificates of approval assigned to the private inspection facilities;

ii. The private inspection facility's logo displayed;

iii. Acknowledgements and private inspection facility stamps.

(1) All records dating back to the last monthly audit;

(2) Copy of the private inspection facility license; and

(3) Copy of the table "A" rate chart;

iv. All inspections shall be recorded on Motor Vehicle Commission approved forms at the time of the inspection. All paperwork required by the Motor Vehicle Commission must be completed at the time of inspection. This includes invoicing/billing.

v. The private inspection facility may charge a travel fee, which must be stated separately on all copies of the invoices. The travel fee is subject to New Jersey State Sales Tax.

(j) Any private inspection facility which is also registered as a motor vehicle emission repair facility pursuant to N.J.A.C. 13:20-45 and which inspects, reinspects and certifies fleet motor vehicles that it owns or leases shall be exempted from the requirements of 13:20-45.10 for those vehicles.

(k) Private inspection facilities may inspect heavy-duty diesel trucks, diesel-powered motor vehicles, diesel buses, and regulated diesel solid waste vehicles to verify the installation of a best available retrofit technology device(s) on such diesel vehicles. Verification of the installation shall be provided by private inspection facilities on the compliance form issued by the Department of Environmental Protection for the vehicle pursuant to 26:2C-8.3 1, 8.32, 8.41, or 8.42. The inspection shall be performed in accordance with the procedures established by the Department of Environmental Protection at 7:27-14.5(e) and 32.21 and 7:27B-4.4(c). Compliance with the requirements of this subsection shall mean that the heavy-duty diesel truck, diesel-powered motor vehicle, diesel bus, or regulated diesel solid waste vehicle has been inspected by the private inspection facility and that such center has confirmed and verified that the retrofit device(s) has been installed on such diesel vehicle.

N.J. Admin. Code § 13:20-44.3

Amended by 48 N.J.R. 810(a), effective 5/16/2016