La. Admin. Code tit. 55 § III-805

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-805 - Requirements

A. The Department of Public Safety, upon application and issuance of a motor vehicle inspection license, will authorize a station to conduct certain type inspections. The inspections will be designated by the station number issued to it. Below is an example of a station number.

EXAMPLE NUMBER P03255A-ABCDG

(1)	(2)	(3)	(4)
P	03255	A	BCDG

Position (1) Denotes type of station-

P=Public

D=Dealer

F=Fleet

G=Government

Position (2) Denotes station number

Position (3) Denotes Troop Area the MVI station is located in.

Position (4) Denotes the type of inspection the station is allowed to perform-

B-School Buses

C-Comercial Motor Vehicle Inspections

D-Non-attainment emission testing

G-General inspections-(automobile, trucks, suvs, trailer

M-Motorcycles

B. Classes of Inspection Stations. The classes of Official Motor Vehicle Inspection (MVI) Stations authorized in Louisiana are:

1. Public Station. Stations authorized by the Louisiana Department of Public Safety and Corrections to inspect any and every vehicle presented for inspection. When warranted and approved by the department, certain stations may be designated to inspect only specific classes of vehicles. When authorizing a public station to inspect only a certain class vehicle, the class of vehicle to be inspected and justification for each authorization shall be noted in the remarks section of the station application form. Such stations will display a sign immediately adjacent to the official Motor Vehicle Inspection sign designating the classes of vehicles which can be inspected. The designation of a specific class of vehicle to be inspected by a station may be as follows:

a. trucks and trailers only;

b. passenger vehicles and light duty trucks only;

c. motorcycles only; and

d. stations inspecting commercial vehicles and school buses are required to have special authorization from the department.

2. Dealer Station. Any person, association or corporation licensed as a dealer of vehicles which are subject to registration may be licensed as an official MVI dealer inspection station. These stations may only conduct inspections of both new and used vehicles owned by the dealer which are for sale or demonstration. A notation will be made in the remarks section of the application form indicating what type of vehicles is to be inspected. When a dealer is authorized to inspect, it is mandatory that all vehicles sold as new or used must be properly inspected and a valid inspection certificate affixed thereto as prescribed by the official rules and regulations under LAC 55:III.Chapters 7 and 8.

3. Fleet Station. Any motor vehicle repair or maintenance shop operated or maintained by a person, firm or corporation in whose name 10 or more vehicles are licensed under the provisions of R.S. 47:462, may be designated as an official fleet MVI station. Fleet stations may inspect only those vehicles registered to or under bona fide lease to the company designated as an official fleet inspection station;

4. Government Station. A town, municipality, city, parish or state agency to which the department has granted authority to inspect vehicles owned and registered to these government agencies. These stations will not be approved unless they have their own repair shop; a school board may be granted authority to inspect and certify vehicles operated or contracted by that board.

5. Non-attainment area stations are inspection stations receiving specialized training and licensing. Only non-attainment area stations are permitted to inspect vehicles registered within this area that are subject to the inspection and maintenance (I/M) program as provided in 32:1306(B)(3) and LAC 55:817. The nonattainment area consists of five parishes. These parishes are designated by the four-digit domicile code on the registration. Domicile codes beginning with 03 (Ascension Parish), 17 (East Baton Rouge), 24 (Iberville Parish), 32 (Livingston Parish), or 61 (West Baton Rouge) are within the non-attainment area.

C. Request for Appointment as an Official Inspection Station

1. A written request must be submitted to the department at the main office located at 7919 Independence Blvd., Baton Rouge, LA 70806 in order to become an official MVI station. The request can be mailed or faxed. A representative of the department will be assigned to inspect the premises and interview the personnel to determine that all minimum requirements are met.

a. A background check including a criminal history check will be conducted on each applicant applying for a Motor Vehicle Inspection Station License. Applicants with felony backgrounds may be refused to be licensed.

2. Should a person, firm or corporation currently operating a motor vehicle inspection station make application to add commercial inspections at their location, a thorough investigation and evaluation of the performance of the existing station will be conducted. Should the investigation show that the existing station has been operated within the rules and regulations of the motor vehicle inspection program, and the owner/operator has demonstrated a willingness and desire to fulfill all of the obligations and responsibilities as an MVI station operator, the application for the new station, if all other requirements are met, may be approved.

3. Any station application that is found to be falsified for any reason shall result in a denial of the stations application.

D. Minimum Requirements for a Motor Vehicle Inspection Station

1. The following minimum requirements must be met prior to approval as an official MVI station:

a. the prospective MVI station must project an image of a clean and orderly place of business;

b. MVI station locations must comply with current local occupational, zoning and building inspection codes, and must be current at the time of application or occupation

i. must submit a copy of the occupational license for the MVI station;

ii. if the building is leased, the lessee must provide a copy of the written lease agreement and keep a copy on file at the station. The lease must be at least a minimum of 12 months and include verbiage that the lessee is allowed to conduct motor vehicle inspections. Verbal leases and subleases will not be allowed;

c. must have a covered vehicle stall or bay, with a roof and two permanent connecting walls, large enough to accommodate the inspection of a full-sized motor vehicle.

E. Renewal of Motor Vehicle Inspection Station License

1. All motor vehicle inspection licenses expire on December 31 of each calendar year.

a. Completed renewal packets should be returned to the department 30 days prior to the expiration of the station/mechanic license.

i. All outstanding civil penalties must be paid prior to issuance of the new MVI license.

ii. If all required paperwork and fees are not submitted, the station license will not be renewed.

b. if the motor vehicle inspection station license has not been renewed by December 31, then starting January 1 of the following calendar year, the station must stop conducting all MVI inspections until the license has been renewed and the new license is received by the station from the MVI officer;

c. if the MVI station fails to renew their MVI license by January 31 following the expiration of their expired MVI license, then on February 1 the station license shall be revoked until the following conditions are met:

i. must submit paperwork as required for a new station and must meet all new station/mechanic inspector requirements as stated in this Section. It is the stations responsibility to contact the office if it did not receive its station renewal and complete and return it before the new calendar year;

ii. must pay all outstanding civil penalties.

F. Space Requirements

1. All motor vehicle inspections, including the brake check, must be conducted on the premises licensed and must be conducted on a hard solid surface (concrete or asphalt, not just concrete washout or reclaimed asphalt, etc.). A minimum of 150 feet long by 8 feet wide will be required to conduct the brake test, it will be level as well as free from major defects, and must be conducted in a safe location. Officers may reject any applicant if the station does not have the required space or the location is deemed to be unsafe to safely conduct inspections.

2. Commercial and/or School Bus Stations (only) Inspection Stall or Bay. All commercial and/or school bus stations shall be equipped with a stall or bay that is large enough to accommodate a combination tractor-trailer commercial motor vehicle of legal dimensions. Legal dimensions for a combination tractor-trailer are as follows, overall length 75ft, width 8ft 6in, and height 14ft. The stall or bay must have a roof and two permanent connecting walls. The stall or bay shall have a smooth, level, free from major defects hard surface (concrete or asphalt, not just concrete washout or reclaimed asphalt, etc.) that is able to withstand the weight of an 80,000 lbs combination tractor-trailer. A pit in the stall or bay the length of a combination tractor-trailer is encouraged, but will not be required. Combination tractor-trailers entering or leaving the inspection site shall be able to do so without repeated adjustment. An example would be the vehicle pulling into and backing out of a position to enter or leave a location, especially when it involves doing so from or onto a public roadway. A vehicle having to make multiple attempts to enter from a public roadway would cause a safety issue that affects the general motoring public and will not be allowed.

3. If an applicant requests to become both a general and commercial/school bus inspection station, it shall meet the requirements of both Paragraphs 1 and 2 of Subsection F, Space Requirements.

G. Equipment Required for Safety Inspections

1. The following required equipment will be readily accessible during inspection hours and in good working order:

a. windshield scraper for removing old certificates;

b. numerical stamps (#1 through #12) 1 inch in size, an X stamp, and a black indelible ink stamp pad;

c. tire depth gauge;

d. measuring tape at least 6 feet in length;

e. flashlight;

f. tint meter (two-piece type);

g. adjustable mirror; and

h. a telephone number listed under the name of the station as it appears on the station license, with a telephone located at the place of business. All stations in the non-attainment area shall have the ability to access a telephone and the world wide web simultaneously during normal hours of operation;

i. on board diagnostic systems test equipment and evaporative system test equipment which includes gas cap pressure test equipment as per the United States Environmental Protection Agency (U.S. EPA) specifications.

Stations must have such approved equipment readily accessible and in good working order. This equipment must be in or near the inspection area. The provisions of this Subparagraph shall only apply to inspection stations located in the non-attainment area. Any inspection station incorporated into a new DEQ emissions control program non-attainment area shall adhere to U.S. EPA specifications;

j. mechanic's creeper. The provisions of this Subparagraph shall only apply to stations that conduct commercial and school bus inspections;

k. soapstone marker. The provisions of this Subparagraph shall only apply to stations that conduct commercial and school bus inspections;

l. two wheel chocks (commercial and school bus inspection only);

m. floor jack or lift or two jack stands. This equipment must be capable of lifting and safely holding up the vehicle being inspected.

n. a current Federal Motor Carrier Safety regulation handbook (updated within one calendar year) as prescribed by: the U.S. Department of Transportation, Federal Motor Carrier Safety Administrations, parts 40, 303, 325, 350-399 (commercial and school bus inspections only);

o. brake chamber tool (commercial and school bus inspections only);

p. tire pressure gauge;

q. a current e-mail address from the station;

r. additional equipment may be required by the department as it may be deemed necessary, for the proper operation of an inspection station. The department shall give prior written notice of any additional equipment requirements. After such written notice is given, such additional equipment requirement shall be enforced as if included in these rules.

H. Responsibility of Station Owner or Operator. Upon application for designation as an official MVI station, the owner/operator has pledged himself to:

1. act as directed by the department when inspecting vehicles in accordance with these rules;

2. any changes or updates to Title 55, Public Safety (LAC 55), can be located on the Division of Administration public website: www.doa.la.gov/Pages/osr/lac/books.aspx All inspectors and station owners are required to check for updates twice a year or when advised to do so by the department;

3. use only employees authorized and licensed by the department to perform the actual inspection of motor vehicles;

4. conduct honest, thorough and efficient inspections in accordance with motor vehicle inspection laws and the department's regulations;

5. maintain in good working order all required tools and equipment described in the minimum requirements, and to cease operations immediately and contact the Department of Public Safety, MVI Section when this condition is not met;

6. maintain a clean and orderly place of business and shop. The owner/operator is responsible for his employees in this respect;

7. refrain from the use of alcohol or drugs while on duty. MVI stations shall not be located on the premises or property where alcoholic beverages are sold;

8. keep an adequate supply of all types of inspection and rejection certificates and all necessary forms on hand at all times; adequate supply shall be considered 15 certificates or more of each type;

9. perform inspections and affix certificates of inspection only in an approved bay or stall at the business location designated on the station license, affix valid certificates of inspection only to those vehicles which have been properly inspected and have passed the safety and/or emission requirements;

10. have at least one approved mechanic inspector on duty to conduct all types of inspections that are offered by that station. At a minimum these inspections will be conducted during the hours listed by a station for each normal business day.;

11. must be open a minimum of 40 hours per week. The days and hours the station is open will be determined by the station owner and approved by the department. The days and hours of operation must be posted on the MVI sign;

a. if a station is required to close or there is not an inspector on-duty for any reason during its posted hours, the station owner or operator must notify the MVI Section by phone, fax or e-mail before closing or ceasing inspections. The station will also post a notice of closure on a main door or in a main window that the station is closed or that an inspector is not available. The notice will include the date and approximate time it will reopen or the inspector will be available;

12. ensure that all mechanic inspectors attend all meetings, training programs and various schools required by the Louisiana Department of Public Safety and Corrections;

13. be responsible for the actions of his mechanic inspectors in all matters relating to motor vehicle inspections. All civil penalties will be addressed to the station and the payment of penalties will be the responsibility of the owner/operator. The station owner/operator is responsible for all violations and fines concerning the operation of his/her station including the actions of his/her mechanic inspectors;

14. immediately follow all directives and instructions issued by the department;

15. properly inform all employees of the rules and regulations set forth herein. Continued supervision of all mechanics authorized to inspect motor vehicles must be maintained; and

16. contact the Motor Vehicle Inspection Section of the Louisiana Department of Public Safety and the Department of Environmental Quality of any changes in mechanic inspectors.

I. Requirements for Approval of Mechanic Inspectors. Before any mechanic can perform inspections, the department shall review the mechanic's qualifications and may authorize him to inspect. The following requirements shall be met by each applicant prior to being approved as a mechanic inspector:

1. shall be at least 18 years of age;

2. a criminal history check shall be conducted on all new and renewal applicants who are requesting to be licensed as a mechanic inspector. The following will be grounds for rejection of a mechanic inspector application:

a. any felony conviction within ten years of application, unless the felony is a crime of violence, a felony is defined by R.S. 14:2(A)(4);

b. a felony conviction for an offense related to the operation of a motor vehicle within five years of application, unless the felony is a crime of violence;

c. any felony conviction as defined by R.S. 14:2(B) as a crime of violence;

d. any person who is registered as a sex offender or a child predator;

e. any new mechanics application that is found to be falsified for any reason shall result in a denial of the individual applying. The denial period is at the discretion of the department;

f. any existing mechanic inspector who is convicted of a felony while licensed will be suspended or revoked in accordance with the above Subparagraphs a-e of this Paragraph;

g. if an existing mechanic inspector has been arrested for a felony, he will be suspended until the charges have been adjudicated. In the event there is only inspector licensed to conduct inspections, the station will also be suspended. Before the suspension is lifted, the inspector will provide the department with official certified court documents that show the inspector has been cleared of all felony charges;

h. if an existing mechanic inspector does not have a current certification/accreditation he shall be suspended until the certification/accreditation is again current.

3. shall be able to read and write the English language. They shall be able to complete MVI certificates and reports accurately and legibly;

4. shall possess a valid Louisiana operator's license. The operator's license shall not be subject to any order of suspension, revocation or cancellation or any other order or action which prevents the issuance of a duplicate or renewed operator's license. An approved mechanic inspector residing in a bordering state or those on active military duty shall furnish a valid operator's license from their resident state along with a copy of their driving record. The suspension, revocation, or cancellation of a mechanic inspector's operator's license shall be grounds to suspend his authority to inspect vehicles. A mechanic inspector shall notify the department immediately of such suspension, revocation, or cancellation of his operator's license;

5. shall successfully complete a training program offered by a state accredited and department approved post-secondary educational institution (which shall include community colleges and vocational-technical schools). The instructor of this program shall possess at least two years of previous automotive/truck mechanic experience or be an ASE-certified master technician. The curriculum of this training program shall be subject to review of, and approval by, the department to ensure inclusion of all aspects of the Motor Vehicle Inspection Program. A mechanic inspector employed by a station approved to inspect school buses and commercial vehicles shall also be properly trained in those areas prior to licensure. A mechanic inspector to be employed by a station within the five parish nonattainment area must first successfully complete special training related to emissions testing. A mechanic inspector whose license has not been current for a 12-month period shall successfully complete a new training program in order to renew his license;

6. a mechanic may be approved to inspect at more than one location. A separate application and fee for each location must be submitted;

7. upon completion of the training program, and submission of the mechanic inspector applications current fee, the mechanic will be certified as a mechanic inspector. The department will re-issue the station license with the new inspectors name noted on the license. The inspector may be required to show proficiency and knowledge of the inspection procedures before he/she is allowed to conduct inspections even after attending the class. A mechanic inspector must have successfully completed the MVI school from which he/she is to be licensed or have been licensed by the department within the previous 12 months. If not, the mechanic inspector must attend the motor vehicle inspection class that he wishes to be certified in.

8. Commercial and/or School Bus Stations. The following requirements shall be met by each applicant prior to being approved as a mechanic inspector for stations that are authorized as commercial and/or school bus:

a. shall meet the same requirements outlined in Subsection I of this Section, except as stated here in;

b. shall be a current ASE (automotive service excellence) certified diesel mechanic or have an equivalent accreditation. Proof shall be provided to the department for review that the mechanic is currently certified and again after every reaccreditation period has been renewed, depending on the type of certification. Proof of current ASE certification or an equivalent type accreditation shall be kept on file at each inspection location for each inspector, for department review. The department has the right to deny a mechanics application due to the type of certification/accreditation. Denial by the department will take place if it believes the type of certification/accreditation to be less than the current industry standards, as determined by the department;

c. shall have at least five years of experience as an ASE certified diesel mechanic or an equivalent accreditation. The mechanic shall provide proof of such experience and certification to the department for review. Proof shall be kept on file at each inspection location for each inspector, for department review.

NOTE: for this section an accredited diesel mechanic will have, but not be limited to, auto maintenance and light repair, engine repair, manual drive train and axles, suspension and steering, brakes, light vehicle diesel engines, and diesel engines certifications. In addition for School Bus inspectors, accreditations must include the same areas as above and include School Bus certifications.

J. Duties and Responsibilities of Authorized Mechanic Inspectors

1. The authorized mechanic inspector shall:

a. always properly and thoroughly conduct an official inspection of vehicles presented for that purpose;

b. only affix inspection certificates to an approved vehicle. By doing this, he is placing a certificate of safety on the vehicle, indicating it is safe for operation on the highway;

c. be sure that no life may be jeopardized by his error, carelessness or indifference;

d. owe a duty to his employer, who has pledged to assist in safeguarding the lives of motorists, to ensure against the operation of unsafe vehicles;

e. inform the owner/operator of the actual condition of his vehicle after completion of an inspection;

f. verify that all equipment is of an approved type and is properly adjusted as prescribed. Evaporative system test equipment must be properly calibrated as recommended by the manufacturer;

g. perform each inspection with the understanding that he assumes full responsibility for the quality of the inspection when he signs the inspection certificate and places his name on the station's weekly/monthly log report;

h. always remember that he has been authorized to inspect vehicles because he has demonstrated the knowledge to act as an agent of the state of Louisiana when inspecting vehicles;

i. abide by the inspection laws, rules, regulations and/or procedures. Failure to do so by an authorized mechanic inspector may result in a civil penalty being imposed and could result in the permanent revocation of inspection privileges and may subject him/her to criminal and or civil prosecution;

j. when changing employment from one inspection station to another, the mechanic inspector or station shall inform the department that he is no longer employed by the inspection station;

k. determine whether the vehicle being presented for inspection should be inspected under the normal inspection procedures, school bus regulations or commercial criteria. The inspector shall not examine a vehicle he is not certified to inspect.

2. The department reserves the right to withdraw for cause its authorization of any mechanic inspector or to re-examine a mechanic inspector at any time. If a mechanic inspector has been unlicensed for one year or more he must be re-trained before inspecting any vehicle.

K. Approval as an Inspection Station

1. No inspection station shall be appointed as an official motor vehicle inspection station until all of the requirements have been met.

2. If the application is approved, the applicant will be notified. Once the applicant provides a permit fee, an MVI station license will be issued to the applicant. The station will be required to pay an annual renewal fee. An applicant for a public motor vehicle inspection station shall also provide a $5,000 bond.

3. When all conditions have been met, the station license will be mailed or delivered to the station by a representative of the department appointed to supervise the station. The station license will be presented to any law enforcement officer upon demand.

L. Any applicant who is issued a new station or mechanic inspector license by the department shall be required to serve a one-year probationary period. The department may revoke the license for any violation under the Motor Vehicle Inspection Program contained in this Chapter.

La. Admin. Code tit. 55, § III-805

Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2422 (December 1999), amended LR 27:2260 (December 2001), repromulgated LR 28:344 (February 2002), amended by the Department of Public Safety and Corrections, Office of State Police, LR 38:2550 (October 2012), Amended by the Department of Public Safety and Corrections, Office of State Police, LR 42429 (3/1/2016, Amended LR 441631 (9/1/2018).

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