Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 23.
VEHICLE INSPECTION
Subchapter D. VEHICLE INSPECTION RECORDS
37 TAC §23.52
The Texas Department of Public Safety proposes amendment
to §23.52, relating to Vehicle Inspection Forms. The main purpose of
the rulemaking is to provide a new form for the collection of fees and surcharges
for Texas Emission Reduction Plan Fund.
The new form created in §23.52 is used in the verification of the
Vehicle Identification Number (VIN) for out-of-state vehicles during first
time state inspection under Texas Transportation Code §548.256.
Tom Haas, Chief of Finance, has determined that for each year of the first
five years this amendment is in effect there will be no fiscal impact for
the state or local governments as a result of this amendment. He has also
determined there is no anticipated economic cost to individuals, small businesses,
or micro-businesses.
Mr. Haas has also determined that for the eight-year period the section
is in effect, the public benefit anticipated is to provide funding under the
plan for the diesel emissions reduction incentive program, the motor vehicle
purchase or lease incentive program, the new technology research and development
program, and to provide funding for the energy efficiency grant program. The
ultimate goal is to provide improved air quality for the public.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
Box 4087, Austin, Texas 78773-0543, (512) 424-2777.
This amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work, Texas Transportation Code, §548.002,
and §548.256(c), as amended by the provisions of Senate Bill 5 passed
by the 77th Legislature.
Texas Government Code, §411.004(3) and Texas Transportation Code, §548.002
and §548.256(c) are affected by the amendments.
§23.52.Vehicle Inspection Forms.
(a)
Rejection receipt, Form VI-7, shall be executed in duplicate
by the certified inspector when a vehicle fails to conform to the standards
of safety. The original shall be given to the driver of the rejected vehicle;
duplicates shall be kept in the vehicle inspection station's records.
(1)
The owner or operator of the vehicle shall pay the inspection
fee for each complete inspection conducted on a vehicle.
(A)
An inspection certificate shall be issued for the vehicle
if it meets all inspection requirements.
(B)
If the vehicle fails to meet inspection requirements, the
owner or operator of the rejected vehicle may:
(i)
have the necessary repairs made on the vehicle by the inspection
station;
(ii)
pay the required inspection fee, accept a rejection receipt
showing all defects for which the vehicle was rejected, and have the vehicle
repaired at any place he chooses;
(iii)
after required adjustments have been made, return the
vehicle to the vehicle inspection station that issued the rejection for one
reinspection without charge, provided the vehicle is returned within 15 days
of the date of the initial inspection.
(C)
If a vehicle inspection station cannot reinspect a vehicle
for which it has issued a rejection receipt, it will return the inspection
fee to the owner or operator of the vehicle.
(2)
A rejection receipt issued to a vehicle which does not
have a valid current inspection certificate does not entitle such vehicle
to legally operate on a public street or highway.
(b)
Every vehicle inspection station shall have a signature
card, Form VI-13, on file with the department.
(1)
The owner, or person whose signature appears on the inspection
station application, Form VI-2, shall endorse the signature card in the space
provided at the bottom of the signature card. Signatures of other designated
employees may be affixed to the signature card upon approval by the vehicle
inspection station owner or operator.
(2)
A requisition, Form VI-18, shall be signed by a person
who is associated with the business requesting certificates or by the owner
or employee with the proper signature as it appears on the signature card
on file with the department.
(3)
The vehicle inspection station owner or operator shall
notify the department representative when an employee authorized to sign the
requisition, Form VI-18, resigns or otherwise leaves the vehicle inspection
station.
(c)
Requisition for certificates, Form VI-18.
(1)
The initial order for certificates is supplied by the department
representative when the vehicle inspection station is placed into operation.
(2)
Any subsequent order for certificates shall be submitted
by the vehicle inspection station and directed to the Texas Department of
Public Safety, Vehicle Inspection Section, Austin, or those local Texas Department
of Public Safety offices which have certificates available.
(3)
Requisition, Form VI-18, shall be accompanied by a cashier's
check or money order made payable to the Texas Department of Public Safety.
(4)
All information required on the requisition, VI-18, shall
be completed. The signature on the requisition shall be a signature that has
been authorized on the signature card, VI-13, on file with the department,
or the signature of a person who is associated with the business requesting
certificates.
(5)
The original and one copy of the requisition, Form VI-18,
shall be submitted by the vehicle inspection station.
(d)
Vehicle inspection station reports, Forms VI-8 and VI-8a,
shall be executed in duplicate with the original showing all required information
on inspections for the previous period. It shall be mailed to Vehicle Inspection
Records Bureau in Austin. The duplicate shall be retained by the vehicle inspection
station for one year.
(e)
Warning notice, Form VI-20, will be issued to the owner
or operator of a vehicle inspection station or to the certified inspector
at a vehicle inspection station for a violation of the provisions of the Uniform
Act or the Rules and Regulations Manual for Official Vehicle Inspection Stations
and Certified Inspectors. The warning notice:
(1)
will be filled out as directed by the department;
(2)
no penalty will be assessed;
(3)
will be entered into the vehicle inspection station's record
at the department if it is an inspection station warning; and
(4)
will be entered into the certified inspector's record at
the department if it is a certified inspector warning.
(f)
Receipt for Texas inspection certificate, Form VI-41, will
be issued by the department representative investigating a motor vehicle traffic
accident when it is apparent that the vehicle involved is damaged to the extent
that repair would be necessary before passing inspection. Reinspection of
the vehicle is required within 30 days after receipt is issued.
(g)
Out-of-State Verification Forms.
The department
shall furnish serially numbered identification certificates[
(1)
Vehicle Identification Certificate,
VI-30, shall be executed in triplicate by the certified inspector when the
vehicle is presented for inspection for the purpose of registration in this
state and the vehicle is subject to collection of the Texas Emissions Reduction
Plan Fund Fee.
(A)
The original of the identification certificate
will be presented to the driver of the vehicle for use in registering and
titling the vehicle. The first copy of the identification certificate will
be forwarded to the department weekly with the Texas Emissions Reduction Plan
Fund Fee collected, minus the statutorily authorized station administrative
cost. The second copy of the inspection certificate will be retained in the
certificate book by the inspection station.
(B)
Form VI-30 will be obtained from the department
by requisition using Form VI-18, signed by a person who is the owner or employee
of the inspection station with the proper signature as it appears on the signature
card on file with the department. These requisitions shall be submitted by
the vehicle inspection station and directed to the Texas Department of Public
Safety, Vehicle Inspection Records, Austin, or those local Texas Department
of Public Safety offices, which have certificates available. Inspection stations
will maintain a sufficiently reasonable number of VI-30 forms on-hand to adequately
provide for out-of-state vehicles, however requisitions of VI-30 forms in
bulk numbers are not allowed.
(C)
The issuance of Form VI-30 by inspection stations
will be recorded on the VI-8, VI-8a, and VI-8b.
(2)
Vehicle Identification Certificate
VI-30A, shall be executed in duplicate by the certified inspector when the
vehicle is presented for inspection for the purpose of registration in this
state and the owner of the vehicle is exempt from the Texas Emissions Reduction
Plan Fund Fee.
(A)
The original of the identification certificate
will be presented to the driver of the vehicle for use in registering and
titling the vehicle. The copy of the identification certificate will be retained
by the inspection station.
(B)
Form VI-30A will be obtained from the department
by requisition using Form VI-18, signed by a person who is the owner or employee
of the inspection station with the proper signature as it appears on the signature
card on file with the department. These requisitions shall be submitted by
the vehicle inspection station and directed to the Texas Department of Public
Safety, Vehicle Inspection Records, Austin, or those local Texas Department
of Public Safety offices, which have certificates available. Inspection stations,
particularly those on or near military bases, will maintain a sufficiently
reasonable number of VI-30A forms on-hand to adequately provide for out-of-state
vehicles, however orders of bulk numbers of this form for exempted vehicle
owners are not allowed.
(C)
The issuance of Form VI-30A by inspection stations
will be recorded on the VI-8, VI-8a, and VI-8b.
(3)
Form VI-30 or Form VI-30A certificates
shall be safeguarded in the same manner required to safeguard safety inspection
certificates.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 23, 2001.
TRD-200104237
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 424-2135
, Form VI-30-A,
] to all vehicle inspection stations for the purpose of verifying the
vehicle identification number on vehicles coming into Texas from another state
or country.
Effective September 1, 2001 until August 30, 2008, two separate
forms are used:
Subchapter F. VEHICLE INSPECTION STATION OPERATION