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Rs 32:1305 Appointment Of Official Inspection Stations

§1305. Appointment of official inspection stations

A.(1) For the purpose of making inspections and issuing official certificates of

inspection and approval as provided in this Chapter, the Department of Public Safety and

Corrections, public safety services, referred to as "department" in this Subsection, shall issue

permits for and furnish instructions and all necessary forms to official inspection stations for

the inspection of vehicles as required in this Chapter and the issuance of official certificates

of inspection and approval.

(2) Subject to an appropriation of funds for this purpose, the Department of Public

Safety and Corrections, public safety services, may develop a system of electronic filing of

inspection information and print on-demand motor vehicle inspection certificates.

(3) The system authorized by Paragraph (2) of this Subsection shall meet the

following requirements:

(a) Such system shall interface with the Department of Public Safety and

Corrections, public safety services, vehicle registration system and shall update all vehicle

records with each inspection. The department shall provide requirements for the inspection

information which shall be added to a vehicle record.

(b) The print on-demand feature shall print a new inspection certificate after the

station has verified through an electronic interface that the vehicle complies with all

inspection requirements for the class and type of vehicle and after the station has verified that

the appropriate fee has been collected. The print on-demand inspection certificate shall

contain such information and security features as necessary to deter unofficial or fraudulent

stickers and to prevent the placement of the certificate on a vehicle other than the vehicle

inspected.

(c) A mechanism for the submission of the state's portion of the inspection fee; such

as, electronic funds transfer, making the state's payment processing system available to the

station, or other such methods as the department may deem appropriate.

(4) Any request for proposal issued for the system authorized by Paragraph (2) of this

Subsection shall require the following:

(a) That each station shall contract with the department's vendor for the acquisition

of any hardware, software, or supplies necessary to implement the system of electronic filing

of inspection information and print on-demand motor vehicle inspection stickers and connect

to the system. The department shall approve the form of the contract. Such contract shall

be subject to the vendor's contract with the state and shall be governed by the laws of

Louisiana.

(b) That the vendor's system shall not retain or capture personal identifying

information either from the department's system or from data entered at the inspection

station.

(5) The department shall establish specifications or minimum requirements for any

station supplied hardware or software used to connect to the system authorized by Paragraph

(2) of this Subsection including but not limited to the minimal level of acceptable internet

connection.

(6) After the system authorized by Paragraph (2) of this Subsection is implemented,

but no sooner than two years after implementation, the department may establish a system

of administrative fines to be assessed against the registered owner of any vehicle if the

vehicle record shows a lapse of a valid inspection sticker for a period of more than sixty

days. Defenses to such fines shall include that the vehicle was sold or otherwise transferred,

the vehicle is registered in another state, or the owner submitted an affidavit of non-operation

within sixty days of the expiration of the last valid inspection and approval issued for the

vehicle. Any fines established shall not exceed twice the amount of the fee for the inspection

certificate for a particular vehicle.

(7) The department shall promulgate rules and regulations as are necessary and in

accordance with the Administrative Procedure Act to implement this Paragraph.

B. Application for permit shall be made upon an official form and shall be granted

only when the director is satisfied that the station is properly equipped and has competent

personnel to make such inspections and adjustments and that inspection will be properly

conducted. The director before issuing a permit may require the applicant to file a bond

conditioned that it will make compensation for any damage to a vehicle during an inspection

or adjustment due to negligence on the part of such applicant or its employees. The

aggregate liability of the surety for all such damages shall in no event exceed the amount of

such bond.

C. The director shall properly supervise and cause inspections to be made of such

stations and shall revoke and require the surrender of the permit issued to a station which he

finds is not properly equipped or conducted. The director shall also revoke and require the

surrender of the permit when such station issues an inspection certificate in violation of R.S.

32:1304(H). The director shall maintain and post at the office of the department lists of all

stations holding permits and of those whose permits have been revoked.

D. Permits for inspecting and issuing official certificates of inspection and approval

shall be issued for a period of one year upon payment to the director of an annual fee of

twenty-five dollars, plus an annual fee of five dollars for each mechanic inspector named in

the permit application.

E. Any motor vehicle repair or maintenance shop operated or maintained by a

person, firm or corporation in whose name there is licensed under the provisions of R.S.

47:462, ten or more vehicles, shall be, at his or its request, designated as an official

inspection station, for the purpose of inspecting and certifying vehicles operated by such

person.

F. Any motor vehicle repair shop or maintenance shop operated by a school board

of any city or parish in whose name there are licensed under the provisions of R.S. 47:462

ten or more vehicles, or which has ten or more vehicles under contract, or which has a

combination of owned and contract vehicles totalling ten or more, shall be, at their request,

designated as an official inspection station for the purpose of inspecting and certifying

vehicles operated or contracted for such board.

G.(1) Any person, corporation, partnership, or other business entity owning more

than forty motor vehicles registered in Louisiana pursuant to the International Registration

Plan, and operating at least one vehicle repair and maintenance shop, shall, upon request in

writing to the Department of Public Safety and Corrections, have one or more of his vehicle

repair and maintenance shops designated as official inspection stations for the purpose of

inspecting and certifying those motor vehicles which are owned by him. Such duly

designated vehicle repair and maintenance shops may be located within or without the state

of Louisiana.

(2) The secretary shall adopt and promulgate rules and regulations in accordance

with the Administrative Procedure Act necessary to implement the provisions of this

Subsection. These rules shall include provisions for total reimbursement by the business

entity of any costs incurred by the state for the administration of this Subsection.

Reimbursement shall be made by the business entity availing itself of this program within

thirty days after submission by the state of the total costs incurred.

(3) The venue for any civil action arising out of this Subsection shall be East Baton

Rouge Parish.

H. The department shall provide for a safety inspection program for the purpose of

inspecting and certifying vehicles which transport forest products in their natural state in

compliance with the Federal Motor Carrier Safety Regulations. The program shall include

a mobile unit which will function as an official inspection station and which will conduct

safety inspections, on a voluntary basis, at or near sawmills, chip mills, and paper mills in

the state. The secretary shall adopt and promulgate rules and regulations in accordance with

the Administrative Procedure Act necessary to implement the provisions of this Subsection.

I. The department shall provide for a safety inspection program for the purpose of

inspecting and certifying vehicles that transport general freight and commodities in

compliance with the Federal Motor Carrier Safety Regulations. The program shall include

a mobile unit that will function as an official inspection station and which will conduct motor

carrier safety inspections, on a voluntary basis. Freight and commodity carrying vehicles and

their drivers participating in this program shall, upon request, be inspected on a date and at

a time and place convenient for both the department and the company. The secretary shall

adopt and promulgate rules and regulations in accordance with the Administrative Procedure

Act necessary to implement the provisions of this Subsection.

Acts 1960, No. 405, §5. Acts 1984, No. 101, §1; Acts 1991, No. 571, §1; Acts 1995,

No. 267, §1; Acts 1997, No. 77, §1; Acts 1997, No. 288, §1; Acts 2003, No. 1262, §1, eff.

July 7, 2003; Acts 2006, No. 432, §1; Acts 2010, No. 995, §1; Acts 2012, No. 254, §1; Acts

2015, No. 344, §1, eff. June 29, 2015.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
inspection
vehicle
station
official
certificate
motor
permit
issue
vehicles
require