19 Va. Admin. Code § 30-70-6

Current through Register Vol. 40, No. 22, June 17, 2024

Section 19VAC30-70-6 - Class IV offenses

A. Class IV offenses are those violations considered so critically important to the integrity and credibility of the Official Annual Motor Vehicle Inspection Program as to require immediate and severe disciplinary action. Any Class IV offense is grounds for suspension or revocation. The following violations and actions shall be considered a Class IV offense:

1. Loss of driver's license, with the exception of an administrative court-ordered suspension that does not exceed seven days.

2. Obvious usage of either alcohol or drugs by an employee associated with the Annual Motor Vehicle Inspection Program.

3. Loss of inspection stickers through neglect, or subsequent violations of subsection K of 19VAC30-70-10.

4. Improper use of inspection supplies, such as placement on a vehicle that has not been inspected or failure to affix the inspection sticker to the vehicle in its proper location, after inspection.

5. Falsifying inspection receipts or inspection records.

6. Giving false information during an inspection complaint investigation.

7. Performing an inspection at a station without authority from the safety officer.

8. The arrest of any person associated with the inspection program for a criminal offense or the institution of civil action of a nature that would tend to immediately reflect upon the integrity and reputation of the Department of State Police may be grounds for an inactive inspector or station status until final court disposition. A finding other than acquittal for any criminal offense, civil judgment, or bankruptcy may result in a suspension or revocation of the inspector or station appointment, or both.

9. The use of profanity or verbal abuse by station owners, managers, or safety inspectors toward each other or directed at customers presenting their vehicles for inspection.

10. Illegal use of inspection supplies such as stealing, selling, mailing or giving away, or the attempt thereof.

11. Nonpayment of inspection fees.

12. Conduct displayed by station owners, managers, or safety inspectors that may be rude or discourteous, or the use of profanity or verbal abuse directed at or toward Safety Division Personnel.

13. Failure of any person connected with the inspection program to notify their supervising trooper or Safety Division Area Office within 72 hours of an arrest for a criminal offense or the institution of civil action.

14. Any misuse or falsification of the automated Motor Vehicle Inspection Program (MVIP) system through neglect, or intentionally allowing an assigned password or personal identification number (PIN) to be used by other persons.

15. Willfully obtaining computer services without proper authority from the safety officer.

16. Failure to adequately explain and differentiate, both orally and in writing, to customers what repairs are necessary to pass the safety inspection and those repairs that are only recommended. Each station shall explicitly (not fine print) convey to each customer when his vehicle will be examined beyond the parameters of the state inspection and empower the customer with the ability to decline this service.

17. Allowing a suspended or revoked safety inspector to perform predelivery inspections (PDIs) or have access to inspection supplies, which may be grounds for suspension or revocation of the station appointment and an additional suspension or revocation for the inspector.

B. Disciplinary action for a Class IV offense shall be immediate suspension or revocation. A revocation shall not be less than one year or more than three years. A suspension shall constitute any period of time less than a year and shall not be less than 90 days, unless mitigating circumstances exist. Offenses are cumulative in nature and will remain active for a period of 24 months from the date of the offense. For a subsequent violation within 24 months, the suspension or revocation shall be no less duration than the prior discipline received.

C. In the case of the loss of the driver's license, the suspension shall remain in effect until the driver's license is reinstated and consideration for reinstatement of inspection privileges will be made at that time.

D. In cases concerning nonpayment of fees when the inspection station has been given 15 days to reply to a final notice, the suspension of the affected inspection station shall remain in effect until all inspection fees are paid. Consideration for reinstatement of inspection privileges will be made when all fees are paid. Furthermore, stations that have not paid their processing fee after the 15-day period will not be issued any additional inspection supplies. Supply orders may resume when the inspection fee is paid and the station has been reinstated to an active status.

19 Va. Admin. Code § 30-70-6

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 21, Issue 4, eff. September 22, 2004; Volume 24, Issue 8, eff. March 1, 2008; Volume 28, Issue 24, eff. August 1, 2012; Amended, Virginia Register Volume 32, Issue 24, eff. 10/3/2016; Amended, Virginia Register Volume 33, Issue 25, eff. 9/8/2017; Amended, Virginia Register Volume 35, Issue 01, eff. 10/4/2018; Amended, Virginia Register Volume 35, Issue 25, eff. 9/1/2019.

Statutory Authority: § 46.2-1165 of the Code of Virginia.