N.J. Admin. Code § 13:20-33.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:20-33.2 - General provisions; Class I, II, and III licensees

(a) This subchapter contains the inspection standards and test procedures to be used by Class I, Class II, and Class III licensed private inspection facilities when conducting the following vehicle inspections:

1. Passenger vehicle inspection;

2. Commercial vehicle inspection; or

3. Smoke opacity inspection.

(b) A private inspection facility license authorizes the placement of an inspection certificate of approval on a motor vehicle upon:

1. Initial inspection as certification of compliance with inspection requirements; and

2. Reinspection as certification that defects for which the motor vehicle was initially rejected have been repaired, adjusted, or corrected to bring the motor vehicle into compliance with inspection requirements.

(c) An emission or OBD inspection or reinspection shall be performed by a motor vehicle emission inspector licensed in accordance with 39:8-1 et seq. and 13:20-43.17. The motor vehicle emission inspector shall sign his or her name on the motor vehicle inspection report upon completion of the inspection or reinspection of a motor vehicle. A safety inspection or reinspection shall be performed by a mechanic possessing the qualifications set forth at 13:20-44.19. The mechanic shall sign his or her name on the motor vehicle inspection report upon completion of the inspection or reinspection of a motor vehicle.

(d) The fee that may be charged by a licensed private inspection facility for an initial passenger vehicle inspection or reinspection shall not exceed the schedule of inspection charges displayed at the facility's place of business and on file with the Motor Vehicle Commission's Private Inspection Facility Licensing Unit. The schedule of inspection charges for 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 and, if applicable, the inspection charge for the initial inspection of motor vehicles having a GVWR greater than 8,500 pounds.

1. Fees charged by a licensed private inspection facility for an initial vehicle inspection or reinspection shall not exceed 50 percent of the average vehicle inspection fee or reinspection fee charged by the inspection facility within the preceding six months.

(e) The schedule of inspection charges shall be displayed at the facility's place of business and filed with the Motor Vehicle Commission's Private Inspection Facility Licensing Unit.

(f) A Class I, Class II, or Class III licensed private inspection facility shall not perform emission-related or OBD-related motor vehicle repairs, unless it is registered with the Motor Vehicle Commission as a motor vehicle emission repair facility in accordance with N.J.A.C. 13:20-45.

(g) If a licensed private inspection facility is authorized to make repairs, the condition of the rejected item(s) shall be brought into compliance with the inspection standards set forth in this subchapter and the inspection standards established by 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.

(h) A private inspection facility license also requires re-inspection and certification of a motor vehicle when the motor vehicle owner or lessee, or someone not under the direction of the licensee, has made the repairs, adjustments, or corrections. In such cases, the private inspection facility shall re-inspect the rejected item(s) to determine if they conform to the standards set forth in this subchapter and the inspection standards established by 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. If such defect(s) have been brought into compliance with the standards set forth in this subchapter and the inspection standards established by 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, an inspection certificate of approval shall be affixed to the motor vehicle. A private inspection facility may charge a fee for such re-inspection service for motor vehicles having a GVWR of 8,500 pounds or less based on the facility's established hourly labor charge for repair service, but only that portion of an hour which the Motor Vehicle Commission has established to be the average time for re-inspection of specific rejected items for motor vehicles having a GVWR of 8,500 pounds or less by Class I or Class III licensees as set forth in Appendix A, incorporated herein by reference; or that portion of an hour which the Motor Vehicle Commission has established to be the average time for re-inspection of specific rejected items for motor vehicles having a GVWR greater than 8,500 pounds by Class I or Class III licensees as set forth in Appendix B, incorporated herein by reference; or that portion of an hour which the Motor Vehicle Commission has established to be the average time for re-inspection of specific rejected items for Class II or Class III licensees as set forth in Appendix C, incorporated herein by reference.

(i) When an inspection is performed on a motor vehicle, the private inspection facility shall cause to be imprinted on the inspection invoice a stamp with the following: NEW JERSEY

MOTOR VEHICLE COMMISSION

PRIVATE INSPECTION FACILITY

LICENSE NO.

STICKER NO.

DATE:

(j) The private inspection facility license number, the inspection certificate of approval number, if applicable, and the date of inspection shall be contained on the stamp. Each private inspection facility shall purchase the above stamp from a commercial source.

(k) If a passenger vehicle, commercial vehicle and passenger vehicle transportation registered in New Jersey conforms to the inspection standards set forth in this subchapter and the inspection standards established by 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, the motor vehicle shall be certified by a private inspection facility licensee by removing the previously-issued inspection certificate of approval, inspection decal, or inspection rejection sticker, if any, and replacing it with a current inspection certificate of approval. The inspection certificate of approval issued by a private inspection facility licensee shall be affixed to the lower left corner of the windshield inside the passenger compartment of the motor vehicle, approximately three inches from the bottom of the windshield and approximately four inches from the left side of the windshield, but in every case, the inspection certificate of approval shall be completely visible from the front of the motor vehicle. The inspection certificate of approval shall be affixed in an upright position.

(l) If a passenger vehicle, commercial vehicle, or passenger vehicle transportation registered in New Jersey does not conform to the inspection standards set forth in this subchapter or the inspection standards established by 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, a private inspection facility licensee shall present the motor vehicle inspection report for such motor vehicle to the operator thereof, and the licensee shall deface the previously-issued inspection certificate of approval or inspection decal affixed to the motor vehicle, if any, by cutting it in a diagonal manner from the upper right corner of the certificate to the lower left corner of the certificate as viewed from inside the passenger compartment of the motor vehicle and removing the lower right half of such certificate. This shall be an indication that adjustments, corrections, or repairs to the motor vehicle that has failed inspection must be made and the motor vehicle presented for re-inspection within the period of time set forth in 13:20-7.5. If there is no previously-issued certificate of approval or inspection decal affixed to the windshield, the motor vehicle inspection report issued to the operator of the motor vehicle by the licensed private inspection facility shall be an indication that adjustments, corrections, or repairs to the motor vehicle that has failed inspection must be made and the motor vehicle presented for re-inspection within the period of time set forth in 13:20-7.5.

(m) Notwithstanding (l) above, if a passenger vehicle, commercial vehicle, or passenger vehicle transportation registered in New Jersey does not conform to the inspection standards set forth in this subchapter or the inspection standards established by 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, and the nature of the defect(s) found is such as to constitute a hazard to the public safety so as to require immediate repairs to such motor vehicle, a private inspection facility licensee shall present the motor vehicle inspection report for such motor vehicle to the operator thereof, shall remove the previously-issued inspection certificate of approval, inspection decal, and/or inspection rejection sticker, if any, and shall affix a "48 hour" inspection rejection sticker to the lower left corner of the windshield inside the passenger compartment of the motor vehicle. A defect that constitutes a hazard to the public safety so as to require immediate repairs to a motor vehicle shall include, but not be limited to, the items specified in 13:20-7.6(b). The "48 hour" inspection rejection sticker shall be an indication that the defect(s) deemed to constitute a hazard to the public safety must be repaired and the motor vehicle presented for re-inspection within the period of time set forth in 13:20-7.6(a).

(n) A motor vehicle inspection report, issued to an owner or lessee of a motor vehicle with elevated chassis height, a motor vehicle which has been modified at the direction of the New Jersey Department of Labor and Workforce Development, Division of Vocational Rehabilitation Services, a reconstructed vehicle, or a salvage motor vehicle that is subject to inspection at a State specialty inspection facility in accordance with 13:20-7.3(d), shall be marked "MUST BE REINSPECTED AT A STATE SPECIALTY INSPECTION FACILITY." When a motor vehicle inspection report is marked in this manner, a licensed private inspection facility shall neither reinspect nor certify the motor vehicle, as it must be returned to a State specialty inspection facility for such reinspection and certification.

(o) If a motor vehicle is presented at a licensed private inspection facility for reinspection, the private inspection facility may reinspect the motor vehicle and certify it if the rejected item(s) has been repaired, adjusted or corrected so as to conform to the inspection standards set forth in this subchapter and the inspection standards established by 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, provided there are no obvious safety, emission-related, or OBD-related defects. If there are obvious safety, emission-related or OBD-related defects, the motor vehicle shall be subject to a complete reinspection.

(p) If a motor vehicle is presented at a licensed private inspection facility for reinspection and the rejected item(s) has not been repaired, adjusted or corrected so as to conform to the inspection standards set forth in this subchapter or the inspection standards established by 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, the licensed private inspection facility shall not remove the inspection rejection sticker previously affixed to the motor vehicle by an official inspection facility, nor shall the licensed private inspection facility remove the inspection certificate of approval or inspection decal previously defaced by a licensed private inspection facility in accordance with 13:20-33.2 (l) as an indication that the motor vehicle has failed inspection.

(q) If a motor vehicle bearing a "48 hour" inspection rejection sticker is presented at a licensed private inspection facility for reinspection and the defect(s) previously deemed to constitute a hazard to the public safety has not been repaired, the licensed private inspection facility shall not issue a "48 hour" inspection rejection sticker to replace the "48 hour" inspection rejection sticker previously affixed to the motor vehicle.

(r) Notwithstanding (r) above, if a motor vehicle bearing a "48 hour" inspection rejection sticker is presented at a licensed private inspection facility for reinspection and the defect(s) previously deemed to constitute a hazard to the public safety has been repaired so as to conform to the inspection standards set forth in this subchapter and the inspection standards established by 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, but another rejected item(s) not deemed to constitute a hazard to the public safety has not been repaired, adjusted or corrected so as to conform to the inspection standards set forth in this subchapter or the inspection standards established by 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, the licensed private inspection facility shall remove the "48 hour" inspection rejection sticker previously affixed to the motor vehicle and shall present the motor vehicle inspection report or inspection card for such motor vehicle to the operator thereof. The motor vehicle inspection report or inspection card shall be an indication that adjustments, corrections, or repairs to the motor vehicle must be made and the motor vehicle presented for reinspection within the period of time set forth in 13:20-7.5.

(s) Charges for initial inspections, reinspections, and repairs shall be listed separately on the inspection or repair invoice.

(t) A licensed private inspection facility shall not require, as a condition of performing the initial inspection, that any repairs, adjustments, or corrections be performed at the private inspection facility performing the inspection.

(u) Repairs, adjustments or corrections shall not be performed on a motor vehicle at the licensed private inspection facility where the motor vehicle was inspected unless the customer signs a written acknowledgment and waiver that he or she understands his or her right to have the repairs, adjustments or corrections performed elsewhere and expressly waives his or her rights. The acknowledgment/waiver shall contain at least the following information:

I understand my right to have inspection repairs, adjustments, and corrections performed elsewhere.

Customer's Signature ________________ Date _________

I choose to have such inspection repairs, adjustments, and corrections performed at this facility.

Customer's Signature ________________ Date _________

(v) Any motor vehicle presented for initial inspection shall undergo a complete inspection. Once the inspection has commenced it shall not be terminated until the motor vehicle is either certified or rejected. An inspection may be terminated prior to completion when the condition of the motor vehicle being inspected makes it unsafe to complete such inspection and the vehicle shall fail the inspection. These conditions include, but are not limited to:

1. Flat tire(s);

2. Excessive smoke;

3. Uncontrollable engine speed;

4. Brake system failure;

5. Inability of the vehicle to move forward and/or in reverse;

6. Major fluid leak which impairs the vehicle's ability to operate while being inspected; and

7. Inability of the vehicle to operate.

(w) A licensed private inspection facility shall not issue a replacement inspection certificate of approval or inspection decal for any motor vehicle for which the current inspection certificate of approval or inspection decal has been lost, stolen, destroyed or defaced or for any motor vehicle that has had its windshield replaced. Such a replacement inspection certificate of approval or inspection decal shall only be issued by an official inspection facility in accordance with 13:20-32.2 (o).

N.J. Admin. Code § 13:20-33.2

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

Amended by 53 N.J.R. 2056(a), effective 12/6/2021