53-8-204 - Division duties -- Official inspection stations -- Permits -- Fees -- Suspension or revocation -- Utah-based interstate commercial motor carriers.
53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --Suspension or revocation -- Utah-based interstate commercial motor carriers.
(1) The division shall:
(a) conduct examinations of every safety inspection station permit applicant and safetyinspector certificate applicant to determine whether the applicant is properly equipped andqualified to make safety inspections;
(b) issue safety inspection station permits and safety inspector certificates to qualifiedapplicants;
(c) establish application, renewal, and reapplication fees in accordance with Section 63J-1-504 for safety inspection station permits and safety inspector certificates;
(d) provide instructions and all necessary forms, including safety inspection certificates,to safety inspection stations for the inspection of motor vehicles and the issuance of the safetyinspection certificates;
(e) charge a $2 fee for each safety inspection certificate;
(f) investigate complaints regarding safety inspection stations and safety inspectors;
(g) compile and publish all applicable safety inspection laws, rules, instructions, andstandards and distribute them to all safety inspection stations and provide updates to thecompiled laws, rules, instructions, and standards as needed;
(h) establish a fee in accordance with Section 63J-1-504 to cover the cost of compilingand publishing the safety inspection laws, rules, instructions, and standards and any updates; and
(i) assist the council in conducting its meetings and hearings.
(2) (a) (i) Receipts from the fees established in accordance with Subsection (1)(h) arefixed collections to be used by the division for the expenses of the Utah Highway Patrol incurredunder Subsection (1)(h).
(ii) Funds received in excess of the expenses under Subsection (1)(h) shall be depositedin the Transportation Fund.
(b) (i) The first $.75 of the fee under Subsection (1)(e) is a dedicated credit to be usedsolely by the Utah Highway Patrol for the expenses of administering this section.
(ii) The remaining funds collected under Subsection (1)(e) shall be deposited in theTransportation Fund.
(iii) The dedicated credits described under Subsection (2)(b)(i) are in addition to anyother appropriations provided to administer the safety inspection program duties under thissection.
(3) The division may:
(a) before issuing a safety inspection permit, require an applicant, other than a fleetstation or government station, to file a bond that will provide a guarantee that the applicant safetyinspection station will make compensation for any damage to a motor vehicle during aninspection or adjustment due to negligence on the part of an applicant or the applicant'semployees;
(b) establish procedures governing the issuance of safety inspection certificates toUtah-based interstate commercial motor carriers;
(c) suspend, revoke, or refuse renewal of any safety inspection station permit issuedwhen the division finds that the safety inspection station is not:
(i) properly equipped; or
(ii) complying with rules made by the division; and
(d) suspend, revoke, or refuse renewal of any safety inspection station permit or safetyinspector certificate issued when the station or inspector has violated any safety inspection law orrule.
(4) The division shall maintain a record of safety inspection station permits and safetyinspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision shall make rules:
(a) setting minimum standards covering the design, construction, condition, andoperation of motor vehicle equipment for safely operating a motor vehicle on the highway;
(b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle canbe operated safely;
(c) establishing safety inspection station building, equipment, and personnelrequirements necessary to qualify to perform safety inspections;
(d) establishing age, training, examination, and renewal requirements to qualify for asafety inspector certificate;
(e) establishing program guidelines for a school district that elects to implement a safetyinspection apprenticeship program for high school students;
(f) establishing requirements:
(i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
(ii) for maintaining safety inspection records;
(iii) for providing reports to the division; and
(iv) for maintaining and protecting safety inspection certificates;
(g) establishing procedures for a motor vehicle that fails a safety inspection;
(h) setting bonding amounts for safety inspection stations if bonds are required underSubsection (3)(a); and
(i) establishing procedures for a safety inspection station to follow if the station is goingout of business.
(6) The rules of the division:
(a) shall conform as nearly as practical to federal motor vehicle safety standardsincluding 49 CFR 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards 205;and
(b) may incorporate by reference, in whole or in part, the federal standards underSubsection (6)(a) and nationally recognized and readily available standards and codes on motorvehicle safety.
Amended by Chapter 183, 2009 General Session