R714.  Public Safety, Highway Patrol.
R714-158.  Vehicle Safety Inspection Program Requirements.
R714-158-1.  Authority.
	This rule is authorized by Subsection 53-8-204(5).

R714-158-2.  Purpose.
	The purpose of this rule is to set standards governing the administration and enforcement of the safety inspection program in accordance with Title 53, Chapter 8, Part 2.

R714-158-3.  Definitions.
	(1)  Terms used in this rule are defined in Sections 53-8-102, 53-8-202, and the Federal Motor Carrier Safety Regulations contained in Subchapter B, Chapter III, Subtitle B of the Code of Federal Regulations Title 49 - Transportation.
	(2)  In addition:
	(a)  "agency action" means a written warning, suspension, revocation, or denial applied against a certification, license, or application.
	(b)  "applicant" means a person who has applied to the division for a permit or certificate;
	(c)  "certificate" means the authorization for a safety inspector to conduct safety inspections;
	(d)  "conviction" means an adjudication of guilt regarding criminal conduct, including:
	(i)  a finding of guilt by a court or a jury;
	(ii)  a guilty plea;
	(iii)  a plea of nolo contendere; or
	(iv)  a plea which is held in abeyance pending the successful completion of a probationary period;
	(e)  "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;
	(f)  "fleet station" means a station that only conducts safety inspections on vehicles that are owned or leased by the same company that owns the station;
	(g)  "inspection certificate" means the certificate of inspection given when a vehicle passes or fails the requirements of the inspection program;
	(h)  "licensee" means a person who has been granted a permit or certificate by the division;
	(i)  "OEM" means original equipment manufacturer;
	(j)  "online inspection program" means the web-based inspection program used to record safety inspections;
	(k)  "permit" means the authorization for a person to operate a station;
	(l)  "revocation" means the permanent deprivation of a certificate or permit;
	(m)  "inspector" means a person with a valid certificate who is employed by a licensed station;
	(n)  "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections;
	(o)  "suspension" means the temporary deprivation of a certificate or permit;
	(p)  "sticker" means a safety inspection sticker distributed by the division to a station which affixes it to a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or is equipped with an air braking system regardless of weight rating, when that vehicle meets the safety inspection requirements;
	(q)  "sticker report" means the document of inspection given when a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or a vehicle equipped with an air braking system regardless of weight rating, fails or meets the safety inspection requirements; and
	(r)  "Utah Interactive" means the company that has contracted with the division for the setup and facilitation of the online inspection program.

R714-158-4.  Safety Inspection Station Permits.
	(1)  To be eligible for a new permit or to retain a current permit, an applicant shall:
	(a)  employ a station manager who possesses a valid certificate;
	(b)  obtain and maintain a $10,000 surety bond or garage keepers insurance for the station that the permit holder seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;
	(c)  obtain and maintain a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station;
	(d)  obtain and maintain a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and
	(e)  enroll the station in the online inspection program after receiving approval from the division.
	(2)(a)  An applicant seeking to manage or operate a safety inspection station shall submit a completed permit application packet to the division.
	(b)  The permit application packet shall include:
	(i)  a completed permit application form provided by the division;
	(ii)  a non-refundable permit application fee, unless the station the applicant seeks to manage or operate is a government station;
	(iii)  proof of a $10,000 surety bond or garage keepers insurance for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government or fleet station;
	(iv)  documentation of a valid business license for the station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station; and
	(v)  documentation of a valid business registration from the Utah Department of Commerce for the safety inspection station that the applicant seeks to manage or operate, unless the station the applicant seeks to manage or operate is a government station.
	(3)(a)  Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a permit.
	(b)  The division may request additional information to determine if the applicant is eligible for a permit.
	(4)  After receipt of all of the necessary documentation, the division shall inspect the station that the permit holder intends to manage or operate to determine if the station meets the requirements of the safety inspection program.
	(5)(a)  If the division determines that the applicant has met all of the requirements for a permit, the division shall issue the permit to the applicant.
	(b)  The permit is non-transferable.
	(6)(a)  If the division determines that the applicant does not meet the requirements for a permit, the division shall issue a denial letter to the applicant.
	(b)  The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section 11 of this Rule.

R714-158-5.  Building and Equipment Requirements.
	(1)  To be eligible for a permit or to maintain a permit, the inspection station building and site must meet the following conditions:
	(a)  the building is capable of housing the vehicles to be inspected;
	(b)  the building has a level concrete or asphalt floor; and
	(c)  the site has a business sign of a permanent construction, properly displaying the business name that is listed on the business station application, unless the station the applicant seeks to manage or operate is a government or fleet station.
	(2)  An inspection station shall have the following tools and equipment:
	(a)  a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;
	(i)  accessing the manual online does not meet this requirement;
	(b)  the necessary hand tools to conduct an inspection;
	(c)  a hoist capable of lifting all four tires simultaneously off of the ground;
	(i)  stations in operation prior to January 1, 2009 are exempt from this requirement, but the station shall possess a hoist or heavy-duty jack with jack stands;
	(d)  measuring gauges and instruments for determining minimum specifications in the inspection process;
	(e)  a two-piece approved light meter kit capable of measuring window light transmittance at a minimum of +/- 3%;
	(f)  a dial indicator for measuring ball joint and suspension component tolerances;
	(g)  a tire tread depth gauge;
	(i)  a riveted brake lining gauge may be used for tire tread depth gauge;
	(h)  a tire pressure gauge;
	(i)  a tape measure; and
	(j)  the following brake gauges:
	(i)  bonded;
	(ii)  riveted;
	(iii)  disc pad;
	(iv)  rotor; and
	(v)  drum.
	(3)  An inspection station that performs inspections on heavy motor vehicles, trailers, or buses shall have the following tools and equipment:
	(a)  a hoist;
	(b)  a two-piece light meter approved by division;
	(c)  hand tools including wrenches, screwdrivers, and ratchets;
	(d)  a dial indicator for measuring ball joint and suspension component tolerances;
	(e)  a tire tread depth gauge;
	(f)  a current hard copy of the safety inspection manual, or an electronic copy that has been downloaded as a file on a station computer;
	(i)  accessing the manual online does not meet this requirement;
	(g)  a tire pressure gauge;
	(h)  a king pin gauge;
	(i)  a fifth wheel jaw tester;
	(j)  a measuring tape;
	(k)  a current copy of the School Bus Standards and Inspection Manual, if the station inspects school buses; and
	(l)  the following brake gauges:
	(i)  bonded;
	(ii)  riveted;
	(iii)  disc pad;
	(iv)  rotor; and
	(v)  large drum.
	(4)  The division may grant an exception to the minimum requirements of this section upon written request from the applicant or licensee that shows extenuating circumstances justifying the exemption.

R714-158-6.  Safety Inspector Certificates.
	(1)  To be eligible for a certificate, an applicant shall:
	(a)  be 18 years of age or older; and
	(b)  attend and successfully complete the safety inspector training course.
	(2)(a)  An applicant seeking to perform safety inspections shall submit a completed certificate application packet to the division.
	(b)  The application packet shall include:
	(i)  a completed certificate application form provided by the division;
	(ii)  a non-refundable certificate application fee;
	(iii)  a passport, copy of a valid driver license, or identification card issued by a state government within the United States or one of its territories to verify the applicant's identity; and
	(iv)  documentation that the applicant attended and successfully completed the safety inspector training course.
	(3)(a)  Upon receipt of a completed application packet, the division shall review the materials to determine if the applicant is eligible for a certificate.
	(b)  The division may request additional information to determine if the applicant is eligible for a certificate.
	(4)(a)  If the division determines that the applicant has met all of the requirements for a certificate, the division shall issue the certificate to the applicant.
	(b)  The certificate is non-transferable and shall expire five years from the date of issuance.
	(5)(a)  If the division determines that the applicant does not meet the requirements for a certificate, the division shall issue a letter of denial to the applicant.
	(b)  The denial letter shall state the reasons for denial and indicate that the applicant may have the matter reviewed as provided in Section 11 of this Rule.

R714-158-7.  Renewal of Certificates.
	(1)  To be eligible to renew a certificate, a licensee shall retake and successfully complete the safety inspector training course within six months prior to the expiration date of the certificate, either in person or online.
	(2)(a)  A licensee seeking to renew a certificate must submit a completed certificate renewal packet to the division.
	(b)  The certificate renewal packet shall include:
	(i)  a written renewal form provided by the division;
	(ii)  a non-refundable certificate renewal fee; and
	(iii)  documentation the inspector has re-taken and successfully completed the safety inspector training course, either in person or online, within six months prior to the expiration date of inspector's certificate.
	(3)(a)  Upon receipt of a completed renewal packet, the division shall review the materials to determine if the licensee is eligible to renew the permit or certificate.
	(b)  The division may request additional information to determine if the licensee is eligible to renew the certificate.
	(4)  If the division determines the licensee has met all of the requirements for renewal, it shall renew the certificate for the licensee.
	(5)(a)  If the division determines the licensee does not meet the renewal requirements, it shall deny the renewal application for the certificate and notify the licensee in writing.
	(b)  The denial notification shall state the reasons for denial and state the licensee may have the decision reviewed by filing a written request for hearing within 30 calendar days as provided in Section 11 of this Rule.

R714-158-8.  Safety Inspector Training Program.
	(1)(a)  The safety inspector training course shall consist of a 16-hour training program provided by an educational institution approved by the division.
	(b)  The educational institution shall:
	(i)  possess all of the necessary tools to conduct a safety inspection in accordance with Administrative Rules R714-160, R714-161, R714-162, and R714-163;
	(ii)  teach the safety inspection curriculum approved by the division; and
	(iii)  administer the quizzes and final test generated by the division.
	(2)  The safety inspector training course shall be taught by instructors that are employees of an educational institution approved by the division.
	(3)  Students shall attend all 16 hours of the safety inspector training course and pass the final test in order to successfully complete the course.
	(4)(a)  Any student who falsifies information or cheats on a quiz or test during the safety inspection training course shall be removed from the course and not allowed to complete it.
	(b)  A student removed from a safety inspection training course may not retake the class for a period of one year.

R714-158-9.  General Safety Inspection Program Requirements.
	(1)  A permit holder shall be responsible for the management and operation of a station and shall:
	(a)  acquire and maintain the required equipment at the station;
	(b)  ensure all inspections are performed at the station and are conducted in accordance with Administrative Rules R714-158-8, R714-160, R714-161, R714-162, R714-163;
	(c)  ensure all inspection certificates are issued through the online inspection program, unless the program is temporarily unavailable;
	(i)  if the online inspection program is unavailable for more than three business days, the station shall contact the division;
	(d)  retain a copy of all station records for a period of one year, including plate brake test records;
	(e)  make the station and its records available for inspection by the division;
	(f)  ensure the station has an adequate supply of paper inspection certificates and stickers;
	(g)  ensure the paper inspection certificates and stickers are safeguarded against loss or theft;
	(h)  immediately report missing or stolen paper inspection certificates or stickers to the division;
	(i)  display the permit at the station in a prominent location that is easily visible to the public;
	(j)  report any changes in the station's name or address to the division;
	(k)  report any changes in the permit holder's mailing address to the division;
	(l)  notify the division if there is a change in inspectors who are employed at the station;
	(m)  ensure that the station uses and displays only the name of the station provided to the division; and
	(n)  ensure that the station's Utah Interactive account is not delinquent.
	(2)  An inspector shall:
	(a)  work under the direction of a permit holder;
	(i)  an inspector may also be a permit holder for the same station;
	(b)  only conduct inspections onsite at the station designated on the employer's permit;
	(c)  conduct all inspections fully as described in Administrative Rules R714-160, R714-161 R714-162, and R714-163 before an inspection certificate or sticker may be issued or a customer is informed about any reject items;
	(d)  conduct all safety inspections honestly and thoroughly;
	(e)  not coerce customers or sell unneeded parts or repairs;
	(f)  advise customers the vehicle need not be repaired or adjusted at the station that conducted the safety inspection, but needed repairs may be made at any business selected by the customer;
	(g)  obtain the customer's authorization before performing any repair or adjustments;
	(h)  return any part that is replaced to the customer, upon request;
	(i)  show a part that is to be replaced or repaired to the customer if it cannot be returned, upon request;
	(j)  issue all inspection certificates using the online inspection program if the station is enrolled in the program, unless the program is temporarily unavailable;
	(k)  enter the information from a paper inspection certificate to the online inspection program within 72 hours after the program becomes available again;
	(l)  only use his or her assigned username and password issued by the division when using the online inspection program to complete a safety inspection;
	(m)  complete all paper safety inspection records legibly;
	(n)  fully complete everything on the inspection certificates, stickers, and sticker reports on the same date the vehicle inspection is conducted;
	(o)  conduct inspections, issue certificates, and attach stickers to vehicles only at the station where the inspector is employed, unless the inspection is performed on a government-owned emergency fire response vehicle or ambulance;
	(p)  not sell or transfer inspection certificates, stickers, or sticker reports to another station;
	(q)  complete inspection paperwork or enter the information in the online inspection program whenever a vehicle is inspected;
	(r)  avoid conducting safety inspections on his or her personally owned or operated vehicles;
	(s)  report any change to his or her mailing address to the division; and
	(t)  notify the division if he or she changes employers.

R714-158-10.  Inspection Certificates, Stickers, and Sticker Reports.
	(1)  Inspection certificates will be issued in books of 50 for passenger/light truck, books of 25 for ATVs, and books of 25 for stickers and sticker reports.
	(2)  A station may purchase two books of inspection certificates for passenger/light truck, four books of inspection certificates for ATV, and four books of sticker reports to use when the online inspection program is temporarily unavailable.
	(3)  A station may not purchase another book of inspection certificates or sticker reports until the station returns one of the used books that it previously purchased to the division.
	(4)  Unused books of inspection certificates, sticker reports, or stickers may be returned to the division for reimbursement.

R714-158-11.  Grounds for the Denial, Suspension, or Revocation of Station Permit or Inspector Certificate.
	(1)  An applicant or licensee may be denied, suspended, or revoked for any of the following reasons:
	(a)  a violation of any Utah state or federal safety inspection law, rule or regulation;
	(b)  providing any false or misleading information during:
	(i)  the application or renewal process for a permit or certificate;
	(ii)  a division investigation or station visit; or
	(iii)  an administrative hearing; or
	(c)  conviction of a crime involving dishonesty, deception, or theft.
	(2)  In determining whether denial, suspension or revocation of a permit or certificate is appropriate, the division shall consider the applicant or licensee's previous history with the safety inspection program.
	(3)(a)  If an inspector is suspended, the inspector may not conduct safety inspections or represent him or herself to be an inspector.
	(b)  If a permit holder is suspended, no one at the permit holder's station may conduct safety inspections or represent the station as a safety inspection station.
	(c)  An applicant or licensee who is denied a certificate or permit may not be eligible to reapply for a period of 90 days from the date of denial.
	(d)  A licensee whose certificate or permit is revoked shall not be eligible to reapply for another certificate or permit for a period of one year from the date of revocation.

R714-158-12.  Adjudicative Proceedings.
	(1)  All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4-202.
	(2)  The division shall initiate agency action against an applicant or licensee with a notice of agency action in accordance with Section 63G-4-201.
	(3)(a)  An applicant or licensee who receives a notice of agency action indicating that the division intends to deny, suspend, or revoke a permit or a certificate may request a hearing by filing a written request for hearing with the division within 15 calendar days from the date of the notice of agency action.
	(b)  A hearing shall be held before a hearing officer designated by the division, within 30 calendar days of the day that the division receives the timely written request for hearing, unless the parties agree to a later date.
	(c)  If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.
	(d)  At the hearing, the applicant or licensee shall have an opportunity to explain why the division should not take agency action.
	(e)  The hearing officer shall issue a written decision in accordance with Section 63G-4-203 within ten business days of the hearing.
	(4)(a)  An applicant or licensee may appeal the hearing officer's decision to the council by filing an appeal with the division within 30 calendar days of the issuance of the hearing officer's decision.
	(b)  If a timely appeal to the council is filed, the agency action shall be stayed until the council issues a written decision.
	(c)  A hearing shall be held before the council within 30 calendar days of the day that the division receives the written appeal, unless the parties agree to a later date.
	(d)  At the hearing, the applicant or licensee shall have an opportunity to explain why the division's action should be overturned.
	(e)  The council shall issue a written decision in accordance with Section 63G-4-301 within ten business days of the hearing.
	(f)  The written decision of the council shall constitute final agency action and is subject to judicial review pursuant to Section 63G-4-402.

R714-158-13.  Procedures for Safety Inspection Station Closure.
	(1)  When a safety inspection station is going out of business, the manager or owner of the station shall:
	(a)  notify the division of the effective date of the closure at least one week prior to the date of closure;
	(b)  discontinue conducting safety inspections on the date of closure; and
	(c)  within one week after the date of closure, return the following to the division:
	(i)  the station permit;
	(ii)  all inspection certificates;
	(iii)  all stickers; and
	(iv)  all sticker reports.
	(2)  The division shall cancel online access to the Vehicle Safety Inspection System on the effective date of the station closure.

KEY:  motor vehicle safety, inspections
Date of Enactment or Last Substantive Amendment:  September 27, 2016
Notice of Continuation:  June 19, 2017
Authorizing, and Implemented or Interpreted Law:  53-8-204