Ill. Admin. Code tit. 92 § 451.60

Current through Register Vol. 48, No. 45, November 8, 2024

Section 451.60 - Supervision of Official Testing Station and Enforcement of Department Policies

a) Official Testing Station inspectors, compliance officers and administrative personnel have responsibility:

1) To monitor Official Testing Stations and to enforce this Part, Sections 12-800 through 12-820 of the Illinois Vehicle Equipment Law and Sections 13-100 et seq. of the Illinois Vehicle Inspection Law.

2) To review applications for Official Testing Station Permits and Certified Safety Tester (CST) Certificates.

3) To conduct written tests and proficiency tests for persons requesting to become CSTs. (See Section 451.130 for testing procedures.) To conduct same tests for persons who have been requested by the Department to be retested. The Department would require a CST to be retested if that CST had been found guilty of a violation through the administrative hearing process (see Section 13-108 of the Illinois Vehicle Inspection Law and 92 Ill. Adm. Code 450 for hearing process).

4) To inspect buildings, equipment and adjacent roadways or alleys for compliance with OTS classification requirements or any conditions which affect the entrance and exit of vehicles (refer to Section 451.110(b) for OTS classification requirements).

5) To inspect safety testing equipment in a lane for cleanliness, operability and accuracy.

6) To require the owner to close the Official Testing Station when testing equipment in a lane is totally or partially inoperative or inaccurate.

A) All Certificates of Safety at the Official Testing Station will be removed and held by a Department employee or the Commercial Vehicle Safety Section office until the safety testing equipment in a lane has been cleaned, adjusted or repaired so as to render accurate results.

B) An authorized Department employee will approve the condition of the lane before it is reopened for testing (i.e., equipment is operating efficiently and effectively).

7) To instruct Official Testing Station owners and CSTs in the proper method of completing forms and reports used in safety testing procedures.

8) To inspect forms required to be posted, completed and filed for cleanliness, legibility, accuracy and availability (refer to Section 451.160(g) for forms required to be posted).

9) To determine whether safety tests are performed in accordance with this Part.

10) To have access to all records and supplies which are the property of and furnished by the Department.

11) To inspect the Station's copy of this Part for completeness and availability.

12) To inspect Vehicle Inspection Reports for accuracy, completeness, legibility and proper filing order.

13) To inspect Certificates of Safety at Official Testing Station for numerical sequence and storage security. To check the Station Owner's method of accountability for all Certificates of Safety issued to such Station.

14) To investigate all complaints lodged against an Official Testing Station or CST. (Section 13-107 of the Illinois Vehicle Inspection Law)

15) To monitor Official Testing Station and procedures used in conducting safety tests through the use of both official marked and unmarked vehicles. Monitoring conducted in marked state vehicles includes unannounced routine visits by area inspectors to check records for proper filing and completion, equipment in a lane for proper calibration and operation, and to administer tests to prospective CSTs or those CSTs required to be retested. Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if OTS are performing safety tests in accordance with this Part.

16) To enforce compliance of goals for this program by issuing warning tickets or citations/complaints to Official Testing Station permit holders and their employees for alleged infractions of Section 13-100 et seq. of the Illinois Vehicle Inspection Law and this Part. The charges as outlined in the citation(s) will be adjudicated at Administrative Hearings conducted by the Secretary, or his authorized representative in accordance with Vehicle Inspection Section Hearings; 92 Ill. Adm. Code 450. The Secretary will determine the innocence or guilt of the defendant after careful evaluation of the evidence presented at such hearings. If a determination of guilt is made, the Secretary will assess penalties for violations alleged on the citation/complaints.

17) To close the Official Testing Station upon determination of a guilty verdict by Department personnel and subsequent suspension or revocation of testing privileges. Permit(s) and Certificates of Safety will be removed from the facility.

b) Department employees will not solicit or accept any monies, gifts, services or favors for political contributions, supplies furnished, services performed, safety testing equipment purchased or sold, cost of doing business, or for any other activity or reason including "goodwill."

Ill. Admin. Code tit. 92, § 451.60

Amended at 17 Ill. Reg. 12839, effective July 27, 1993