§ 32:1305 — Appointment of official inspection stations

Louisiana § 32:1305

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§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.

Legislative History

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.