Regulatory Text: 
Louisiana Administrative Code, Title 55 PUBLIC SAFETY, Part III Motor Vehicles (LAC 55:III)

Chapter 8. Motor Vehicle Inspections

Outline:
Subchapter A.  General
§801.  Definitions. LAd11
§803.  Foreword. LAd11
Subchapter B.  Safety Inspections
§805.  Requirements, Duties, Responsibilities. LAd11
§807.  Operation as an Official Motor Vehicle Inspection Station. LAd11
§809.  General Inspection Requirements. LAd11
§811.  Inspection Procedures. LAd11
§813.  Required Equipment. LAd11
§815.  Miscellaneous Inspection Procedures
Subchapter C.   Vehicle Emission Inspection and Maintenance Program
§817.  General Information. LAd11
§819.  Anti-tampering and Inspection and Maintenance Parameters. LAd11
Superseded by revisions approved by EPA November 13, 2006 (72 FR 66113) effective January 12, 2007 (LAd22).
§819.  Anti-tampering and Inspection and Maintenance Parameters. LAd22
Subchapter E.  Administrative and Audit Procedures
§833.  Investigations; Administrative Actions; Sanctions. LAd11
§835.  Declaratory Orders and Rulings. LAd11


Chapter 8. Motor Vehicle Inspections

Subchapter A.  General

§801.  Definitions. LAd11
As promulgated in the Louisiana Register at LR 25:2421 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    As used in this chapter, the following terms have the meanings described below:

    Department ---- Department of Public Safety & Corrections, Office of State Police, Safety Enforcement Section.

    Deputy Secretary ---- Deputy Secretary of the Department of Public Safety and Corrections, Public Safety Services.

    Person ---- an individual, partnership, corporation, limited liability company, or other legal entity.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2421 (December 1999).

**********************end LAC 55.III.801******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/18/2002


§803.  Foreword. LAd11
As promulgated in the Louisiana Register at LR 25:2421 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  The inspection of vehicles as prescribed in the Louisiana Motor Vehicle Inspection Law is conducted in privately-owned and operated garages and repair shops which have been approved by the Louisiana Department of Public Safety and Corrections.  Although these approved inspection stations are privately owned businesses, the inspection of vehicles in compliance with the law is not entirely a private matter.  During the course of performing these inspections, the station and its personnel are acting as representatives of the State of Louisiana.  The guiding principal of station personnel should be, and must be, providing honest and efficient service to the citizens of our state.

    B.  Official motor vehicle inspection station operators and employees should be courteous and patient when explaining that the requirements of the motor vehicle inspection laws are designed to promote safety.  It should be clearly understood by all employees that the primary function of the inspection station is not an arbitrary enforcement of the law but rather the advancement of highway safety.

    C.  All inspection station personnel must adopt the attitude that they sell safety.  They must also bear in mind that the placement of one inspection certificate on an unsafe vehicle may be the cause of a serious crash.  They owe a duty to themselves, their families, other vehicle owners and operators not to jeopardize lives through error, carelessness or indifference.

    D.  The Official Motor Vehicle Inspection Station License may be revoked if any station owner, operator or employee fails to achieve and maintain a priority standard of service to the motoring public.

    E.  Each official Motor Vehicle Inspection station shall give priority to customers seeking motor vehicle inspections.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2421 (December 1999).

**********************end LAC 55.III.803******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


Subchapter B.  Safety Inspections

§805.  Requirements, Duties, Responsibilities. LAd11
As amended in the Louisiana Register at LR 27:2260 (December 20, 2001).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  Classes of Inspection Stations.  The classes of Official Motor Vehicle Inspection (MVI) Stations authorized in Louisiana are:
        1.  Public Station.  Stations authorized by the Louisiana Department of Public Safety and Corrections to inspect any and every vehicle presented for inspection.  When warranted and approved by the Department, certain stations may be designated to inspect only specific classes of vehicles.  When authorizing a public station to inspect only a certain class vehicle, the class of vehicle to be inspected and justification for each authorization shall be noted in the remarks section of the station application form.  Such stations will display a sign immediately adjacent to the official Motor Vehicle Inspection sign designating the classes of vehicles which can be inspected.  The designation of a specific class of vehicle to be inspected by a station may be as follows:
            a.  trucks and trailers only;
            b.  passenger vehicles and light duty trucks only;
            c.  boat trailers only;
            d.  motorcycles only; and
            e.  stations inspecting commercial vehicles and school buses are required to have special authorization from the Safety Enforcement Supervisor;
        2.  Dealer Station.  Any person, association or corporation licensed as a dealer of vehicles which are subject to registration may be licensed as an official MVI dealer inspection station.  These stations may only conduct inspections of both new and used vehicles owned by the dealer which are for sale or demonstration.  A notation will be made in the remarks section of the application form indicating what type of vehicles are to be inspected.  When a dealer is authorized to inspect, it is mandatory that all vehicles sold as new or used must be properly inspected and a valid inspection certificate affixed thereto as prescribed by the Motor Vehicle Inspection Regulation;
        3.  Fleet Station.  Any motor vehicle repair or maintenance shop operated or maintained by a person, firm or corporation in whose name ten (10) or more vehicles are licensed under the provisions of L.R.S. 47:462, may be designated as an official fleet MVI station.  Fleet stations may inspect only those vehicles registered to or under bona fide lease to the company designated as an official fleet inspection station;
        4.  Government Station.  A town, municipality, city, parish or state agency to which the Department has granted authority to inspect vehicles owned and registered to these government agencies.  These stations will not be approved unless they have their own repair shop;
        5.  School Board Station.  A school board may be granted authority to inspect and certify vehicles operated or contracted by that board;
        6.  Nonattainment area stations are inspection stations receiving specialized training and licensing.  Only Nonattainment Area Stations are permitted to inspect vehicles registered within this area.  The Nonattainment Area consists of five parishes.  These parishes are designated by the four digit domicile code on the registration.  Domicile codes beginning with 03 (Ascension Parish), 17 (East Baton Rouge), 24 (Iberville Parish), 32 (Livingston Parish), or 61 (West Baton Rouge) are within the Nonattainment Area.

    B.  Request for Appointment as an Official Inspection Station
        1.  A written request must be submitted to the Safety
Enforcement Sergeant in the District where the business is located in order to become an official MVI station.  A Safety Enforcement Officer will be assigned to inspect the premises and interview the personnel to determine that all minimum requirements are met.
        2.  Should a person, firm or corporation currently operating a motor vehicle inspection station make application to add commercial inspections at their location, a thorough investigation and evaluation of the performance of the existing station will be conducted.  Should the investigation show that the existing station has been operated within the rules and regulations of the motor vehicle inspection program, and the owner/operator has demonstrated a willingness and desire to fulfill all of the obligations and responsibilities as an MVI station operator, the application for the new station, if all other requirements are met, may be approved.

    C.  Minimum Requirements for a Motor Vehicle Inspection Station
        1.  The following minimum requirements must be met prior to approval as an official MVI station:
            a.  must be in business for ninety (90) days at the present location.  However, if there is no other official MVI station within twenty-five (25) miles of the applicant location, the required operation period shall be thirty (30) days;
            b.  the prospective MVI station must project an image of a clean and orderly place of business;
            c.  MVI station location must comply with zoning codes.

    D.  Space Requirements
        1.  All motor vehicle inspections must be conducted on the premises licensed and must be conducted on a hard surface (concrete or asphalt).  Not withstanding any law, rule or administrative policy to the contrary, official MVI stations shall not be required to reserve a service bay or stall for the exclusive purpose of conducting motor vehicle inspections.

    E.  Equipment Required for Safety Inspections
        1.  The following required equipment will be readily accessible during inspection hours:
            a.  windshield scraper for removing old certificates;
            b.  numerical stamps (#1 through #12) one inch (1") in size, an X stamp, and a black indelible ink stamp pad;
            c.  tire depth gauge;
            d.  measuring tape at least six (6) feet in length;
            e.  flashlight;
            f.  tint meter (two-piece type);
            g.  adjustable mirror; and
            h.  a brake test area to accommodate a twenty mile per hour (20 mph) road test which has been approved by a Safety Enforcement Officer or a brake testing machine which has been approved and properly installed;
            i.  a telephone number listed in the telephone book under the name of the station as it appears on the station license, with a telephone located at the place of business;
            j.  on board diagnostic systems test equipment and evaporative system test equipment which includes gas cap pressure test equipment as per the United States Environmental Protection Agency (US EPA) specifications.  Stations must have approved equipment readily accessible and in good working order.  This equipment must be in or near the inspection area.  The provisions of LAC 55:III,805.E.1.j shall only apply to inspections stations located in the nonattainment area;
            k.  mechanic's creeper.  The provisions of LAC 55:III.805.E.1.k shall only apply to commercial motor vehicle inspection stations;
            l.  soapstone marker.  The provisions of LAC 55:III.805.E.1.k shall only apply to commercial motor vehicle inspection stations;
            m.  floor jack or lift.  The provisions of LAC 55:III.805.E.1.k shall only apply to school bus inspection stations;
            n.  additional equipment may be required by the Department as it may be deemed necessary, for the proper operation of an inspection station.  The Department shall give prior written notice of any additional equipment requirements.  After such written notice is given, such additional equipment requirement shall be enforced as if included in these rules.

    F.  Responsibility of Station Owner or Operator Waiting on Response.  Upon application for designation as an official MVI station, the owner/operator has pledged himself to:
        1.  act as directed by the Louisiana Department of Public Safety and Corrections when inspecting vehicles in accordance with the Official MVI Manual;
        2.  maintain a current, updated Official MVI Manual on the premises at all times.  The manual will be furnished by the Safety Enforcement Section.  The manual will be maintained in good condition and be readily available to the mechanic inspector.  Any changes in the Official Motor Vehicle Inspection Manual received by the station operator must be placed immediately in the station's Official Motor Vehicle Inspection Manual.  It is the owner/operator's responsibility to ensure all of his employees involved in the inspection program are aware of any changes;
        3.  use only employees authorized by the Louisiana Department of Public Safety and Corrections to perform the actual inspection of motor vehicles;
        4.  conduct honest, thorough and efficient inspections in accordance with motor vehicle inspection laws and the Department's regulations;
        5.  maintain in good working order all required tools and equipment described in the minimum requirements, and to cease operations immediately when this condition is not met;
        6.  maintain a clean and orderly place of business and shop.  The owner/operator is responsible for his employees in this respect;
        7.  refrain from the use of alcohol or drugs while on duty;
        8.  keep an adequate supply of both inspection and rejection certificates and all necessary forms on hand at all times;
        9.  perform inspections and affix certificates of inspection only at the business location designated on the station license, affix valid certificates of inspection only to those vehicles which have been properly inspected and have passed the safety requirements, and submit the required inspection report to the local Safety Enforcement Office;
        10.  have at least one (1) approved mechanic inspector on duty to make inspections during the hours of business each normal working day.  The Safety Enforcement Section requests that stations have at least two (2) mechanics certified for each business location;
        11.  be open for inspections at all times each day during normal business hours and to perform inspections throughout the year.  Inspections shall be conducted a minimum of forty (40) hours per week;
        12.  ensure that all mechanic inspectors attend all meetings, training programs and various schools required by the Louisiana Department of Public Safety and Corrections;
        13.  be responsible for the actions of his mechanic inspectors in all matters relating to motor vehicle inspections.  All civil penalties will be addressed to the station and the payment of penalties will be the responsibility of the owner/operator.  The station owner/operator is responsible for all violations concerning the operation of his/her station including the actions of his/her mechanic inspectors;
        14.  immediately follow all directives and instructions issued by a Safety Enforcement Officer; and
        15.  properly inform all employees of the rules and regulations set forth herein.  Continued supervision of all mechanics authorized to inspect motor vehicles must be maintained.

    G.  Requirements for Approval of Mechanic Inspectors.  Before any mechanic can perform inspections, a Safety Enforcement Officer shall approve the mechanic's qualifications and authorize him to inspect.  The following requirements shall be met by each applicant prior to being approved as a mechanic inspector:
        1.  shall be at least eighteen (18) years of age;
        2.  shall not have a felony conviction for related offenses within five (5) years of application;
        3.  shall be able to read and write the English language.  They shall be able to complete MVI certificates and reports accurately and legibly;
        4.  shall possess a valid Louisiana operator's license.  The operator's license shall not be subject to any order of suspension, revocation or cancellation or any other order or action which prevents the issuance of a duplicate or renewed operator's license.  An approved mechanic inspector residing in a bordering state or those on active military duty shall furnish a valid operator's license from their resident state along with a copy of their driving record.  The suspension, revocation, or cancellation of a mechanic inspector's operator's license shall be grounds to suspend his authority to inspect vehicles.  A mechanic inspector shall notify the Safety Enforcement Section immediately of such suspension, revocation, or cancellation of his operator's license;
        5.  shall successfully complete a training program conducted by the Safety Enforcement Section before being licensed to inspect vehicles.  This training shall include all aspects of the Motor Vehicle Inspection program.  Mechanic inspectors employed by stations approved to inspect school buses and commercial vehicles shall also be properly trained in those areas prior to being licensed.  Mechanic inspectors who wish to be employed by a station within the five parish Nonattainment Area must attend special training and cannot transfer from a station outside this area without first successfully passing said training;
        6.  a mechanic may be approved to inspect at more than one location.  A separate application and fee for each location must be submitted;
        7.  upon completion of the training program, the mechanic will be certified as a mechanic inspector.  The Department will issue a license designating approval to that mechanic, authorizing him to conduct inspections of vehicles at a particular location.  The license must be produced upon request by any law enforcement officer.  This license is the responsibility of the mechanic inspector.  If, for any reason, the license cannot be produced, the mechanic inspector may be required to attend a motor vehicle inspection training school to be re-licensed.

    H.  Duties and Responsibilities of Authorized Mechanic Inspectors
        1.  The authorized mechanic inspector shall:
            a.  always properly and thoroughly conduct an official inspection of vehicles presented for that purpose;
            b.  only affix inspection certificates to an approved vehicle.  By doing this, he is placing a certificate of safety on the vehicle, indicating it is safe for operation on the highway;
            c.  be sure that no life may be jeopardized by his error, carelessness or indifference;
            d.  owe a duty to his employer, who has pledged to assist in safeguarding the lives of motorists, to ensure against the operation of unsafe vehicles;
            e.  inform the owner/operator of the actual condition of his vehicle after completion of an inspection;
            f.  verify that all equipment is of an approved type and is properly adjusted as prescribed.  Evaporative System Test equipment must be properly calibrated as recommended by the manufacturer.
            g.  perform each inspection with the understanding that he assumes full responsibility for the quality of the inspection when he signs the inspection certificate and places his name on the station's weekly/monthly log report;
            h.  always remember that he has been authorized to inspect vehicles because he has demonstrated the knowledge to act as an agent of the State of Louisiana when inspecting vehicles;
            i.  abide by the inspection laws, rules, regulations and/or procedures.  Failure to do so by an authorized mechanic inspector may result in a civil penalty being imposed and could result in the permanent revocation of his inspection privileges and may subject him to criminal prosecution;
            j.  when changing employment from one inspection station to another, the mechanic inspector shall return the old mechanic inspector license and be re-certified at the new place of employment by a Safety Enforcement Officer before performing any inspections at the new location.  Failure to obtain certification at the new location may result in revocation of the inspector's license; and
            k.  determine whether the vehicle being presented for inspection should be inspected under the normal inspection procedures, school bus regulations or commercial criteria.  The inspector shall not examine a vehicle he is not certified to inspect.
        2.  The Department reserves the right to withdraw for cause it's authorization of any mechanic inspector or to re-examine a mechanic inspector at any time.  If a mechanic inspector has been unlicensed for one year or more he must be re-trained before inspecting any vehicle.

    I.  Approval as an Inspection Station
        1.  No inspection station shall be appointed as an official Motor Vehicle Inspection station until all of the requirements have been met.
        2.  If the application is approved, the applicant will be notified.  Once the applicant provides a permit fee, a MVI station license will be issued to the applicant.  The station will be required to pay an annual renewal fee.  An applicant for a public Motor Vehicle Inspection station shall also provide a $5,000.00 bond.
        3.  When all conditions have been met, the station license will be delivered to the station by a Safety Enforcement Officer appointed to supervise the station.  The station license will be presented to any law enforcement officer upon demand.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2422 (December 1999), amended LR 27:2260 (December 2001).

**********************end LAC 55.III.805******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/18/2002


§807.  Operation as an Official Motor Vehicle Inspection Station. LAd11
As amended in the Louisiana Register at LR 27:2260 (December 20, 2001).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

NOTE TO READER:  The amendment to §807 approved at LR 27:2260 (December 20, 2001) amends Subsection I.9, not Subsection E.9 as indicated on page LR 27:2260.

    A.  Change of Name, Location and/or Ownership
        1.  Persons operating under a Motor Vehicle Inspection station license contemplating a change of name, location and/or ownership must notify the local Safety Enforcement Office before a change is made.  All changes must be approved by the Department prior to being made by the station.
        2.  Before a change can be made, the former Motor Vehicle Inspection station license and all mechanic license(s) must be returned to the local Safety Enforcement Office.  New station and mechanic applications, along with the appropriate fees and a new bond, must be submitted to reflect the change.  The Safety Enforcement Section will issue a new Motor Vehicle Inspection station license and mechanic license(s).  On the effective date of the change, all inspections will cease under the former Motor Vehicle Inspection station license.
        3.  For a change of name, location and/or ownership, a public inspection station must submit a new bond or a change rider for the existing bond.

    B.  Going Out of Business or Discontinuance of Inspections
        1.  Prior to going out of business or discontinuing inspections, a Motor Vehicle Inspection station owner/operator must immediately notify the local Safety Enforcement Office.  Either occurrence shall result in the cancellation of the Motor Vehicle Inspection station license.  All unused inspection and rejection certificates, along with the Motor Vehicle Inspection station license and all mechanic licenses, must be returned to the local Safety Enforcement Office.

    C.  Official Motor Vehicle Inspection Sign (Public Stations Only)
        1.  All public Motor Vehicle Inspection stations will be required to display an official Motor Vehicle Inspection sign which must be purchased from the Safety Enforcement Section.  The days and hours of operation must also be displayed.  The sign must be displayed in such a manner as to be easily seen by the motoring public.
        2.  If the inspection station is restricted to a certain class of vehicle, another sign designating which vehicles are to be inspected must be placed immediately adjacent to the official Motor Vehicle Inspection sign.  Stations authorized to inspect commercial vehicles and/or school buses must display a sign stating this.  The lettering on this sign, as well as the days and hours of inspection, must be a minimum of three inches (3") in height.

    D.  Periods of Inspection
        1.  All vehicles inspected under the provisions of L.R.S. 32:1301 through L.R.S. 32:1310 (Motor Vehicle Inspection Law) are required to be inspected at least once annually.
        2.  The inspection period shall begin January 1st of each year.
        3.  The re-inspection month shall be determined by the month indicated on each particular vehicle's previous inspection certificate.
        4.  A vehicle presented for inspection in a month other than the expiration month noted on the previous inspection certificate shall be issued a certificate with the month the new inspection was performed.
        5.  Vehicles which have had windshields replaced and have a valid inspection certificate need not be re-inspected, but must carry the original certificate in the vehicle and produce it upon demand.  The certificate must not be voided or mutilated and must be legible on both sides.  This in no way prohibits the owner/operator from having the vehicle reinspected after installation of the new windshield.
        6.  Vehicles which have had inspection certificates lost, stolen or damaged must be re-inspected.  The fee may be charged for this inspection.

    E.  L.R.S. 32:1306(G) Place of Inspection
        1.  Inspection stations need not reserve a bay or stall exclusively for inspections.  However, a station shall give priority to customers seeking motor vehicle inspections.
        2.  Inspection and rejection certificates shall be issued to a vehicle only by an authorized, licensed mechanic inspector within an area approved by the Safety Enforcement Supervisor and at the authorized inspection station.

    F.  Ordering Inspection/Rejection Certificates
        1.  All orders for inspection or rejection certificates should be directed to the local Safety Enforcement Office.  Payment will be by money order or check made payable to the Department of Public Safety and Corrections.
        2.  Demands for inspection or rejection certificates should be anticipated before the station's supply is depleted.  Every Motor Vehicle Inspection station will be required to have an adequate supply of certificates on hand at all times.  Mail orders should allow ten (10) working days for delivery.  Also, a note should be on the outside of the envelope indicating that a sticker order is enclosed.
        3.  Except as otherwise provided in LAC 55, Part III, Chapter 8, inspection and rejection certificates are not transferable from one Motor Vehicle Inspection station to another.  However, report forms, requisition forms and stamps may be borrowed from another station.
        4.  Only authorized commercial Motor Vehicle Inspection stations will be permitted to purchase commercial inspection certificates.
        5.  Official Motor Vehicle Inspection signs, inspection and rejection certificates, requisitions forms, weekly/monthly log reports and all other documents may be obtained from the local Safety Enforcement Office.

    G.  Lost or Stolen Inspection/Rejection Certificates
        1.  All inspection and rejection certificates are the property of the Louisiana Department of Public Safety and Corrections and must be safeguarded against loss.  They must be kept in a secure place under lock and key, available only to the mechanic inspector.  (Inspection/rejection certificates can only be placed on an inspected vehicle.)
        2.  Each inspection station will be accountable for each inspection and rejection certificate it receives from the Department.  Lost or stolen certificates must be accounted for on the weekly/monthly log report by numerical listing.  In lieu of the inspection information, the word "lost" or "stolen" must be noted on the weekly/monthly report by that certificate number.
        3.  Should an inspection or rejection certificate be lost or stolen, the local Safety Enforcement Office must be notified immediately.  If a theft is suspected, the local law enforcement agency shall be asked to investigate the theft and forward a copy of the police report to the local Safety Enforcement Office.
        4.  The loss of any certificates may be grounds for the imposition of a civil penalty or revocation of the station license.  Theft of certificates or possession of stolen certificates may result in prosecution of the person(s) responsible.

    H.  Warning Notices.  A written warning may be issued by a Safety Enforcement Officer for any infraction of the rules and regulations.  This will become a permanent part of the station's file and will be a basis for determining the issuance of a civil penalty or revocation.  A copy shall be given to the mechanic inspector and/or the station owner at the time of issuance.

    I.  Motor Vehicle Inspection Weekly/Monthly Log Report
        1.  All entries must be legible and made in black ink only.  The audit number of the inspection or rejection certificates issued must be listed in numerical order and must be shown on the report.  All other required information must be provided for the vehicle inspected.  Vehicle information will be obtained from the registration.  The operator's license number must be taken from the driver's license and not from the registration.
        2.  Torn, voided or damaged inspection or rejection certificates must be recorded on the log report and attached to the report when it is submitted to the Safety Enforcement Office.  Lost or stolen certificates must also be listed numerically on the report (see Lost or Stolen Inspection/Rejection Certificates)
        3.  Failure to submit all required information on the weekly/monthly report may result in the issuance of a civil penalty or revocation of the Motor Vehicle Inspection station license for that station.  Falsifying information on any official document, including the inspection report, is a criminal offense.  Felony charges may be brought against anyone providing fraudulent information on an inspection report or forging anyone's signature.
        4.  The public Motor Vehicle Inspection station's week will begin on Saturday and end at the close of business on the following Friday.  These reports must be postmarked no later than Saturday, 12:00 noon.
        5.  Dealer, fleet, and government Motor Vehicle Inspection stations will be required to submit a report to the local Safety Enforcement Office once each month and must be received by the fifth (5th) of the following month.
        6.  A second copy of these reports shall be kept in the log book at the Motor Vehicle Inspection station for fourteen (14) months.  These copies must be available for inspection by any law enforcement Officer.
        7.  If a station does not inspect any vehicles during a given week (public) or month (fleet, government or dealer), a log report shall be submitted as previously described with the word "none" written across the report.
        8.  Authorized commercial Motor Vehicle Inspection stations are also required to follow the above regulations.
        9.  Until electronic submittal of data is implemented, the Louisiana Vehicle Inspection/Maintenance Parameter Form must be properly filled out by stations in the five parish non-attainment area for every vehicle which requires an emissions test.  Parameter Forms should be mailed directly to the Department of Public Safety, Safety Enforcement, 527 Florida Boulevard, Room 303, Denham Springs, LA 70726.  In the non-attainment area there may be separate and additional reports required as mandated by the Department of Environmental Quality.  Stations within this area are to properly complete all required reports and they must be postmarked no later than Saturday, 12 noon each week.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2424 (December 1999), amended LR 27:2260 (December 2001).

**********************end LAC 55.III.807******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/18/2002


§809.  General Inspection Requirements. LAd11
As promulgated in the Louisiana Register at LR 25:2426 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  Fees for Inspection
        1.  The fee for safety and commercial inspections will be the current fee set by law for each inspection performed.  Headlamp adjustments are included in this charge.  No sales tax will be collected on inspections.
        2.  A fee may be charged by the inspection station for every inspection done whether approved or rejected.
        3.  A rejected vehicle is entitled to one (1) free reinspection if returned to the same inspection station within the allowed period of time.

    B.  Repairs or Adjustments
        1.  Headlamp adjustments are included in the inspection of a vehicle as stated in L.R.S. 32:1306(C)(2).  No other repairs or adjustments should be made without authorization by the owner or operator of the vehicle.  Any unauthorized repairs or adjustments may result in a civil penalty being imposed or the revocation of the station's license and/or mechanic inspector's license.
        2.  The owner of a vehicle is under no obligation to have defects corrected by the inspection station.  The owner may have the vehicle repaired where he chooses or may repair the vehicle himself.  The inspection station is only required to perform a complete and proper inspection.

    C.  Issuance of Inspection Certificates
        1.  An inspection certificate will be issued for every vehicle inspected which passes the safety requirements.  The month that a certificate is issued shall be indicated by an insert placed in the appropriate area of the certificate.  The year the certificate expires will also be indicated by an insert placed in the appropriate block on the certificate.  All of the information on the back of the sticker must be filled in with black indelible ink.  The certificate will be firmly attached to the lower left-hand corner of the windshield as viewed from the driver's seated position.  Under no circumstances will an inspection certificate be applied to the windshield without the month and year of expiration being noted in the appropriate blocks provided.
        2.  Mechanic inspectors shall fill in all requested information on the back of the inspection sticker and sign in the appropriate space using a black ink pen.
        3.  When inspecting motorcycles, motor driven cycles, trailers and semi-trailers, an "X" will be stamped on the face of the inspection certificate.  Under no circumstances will the stamp cover the month nor the year of expiration insert or the audit number of the inspection certificate.  Inspection certificates of this type will be attached to the registration certificate for the vehicle.
        4.  All trailers will be considered a separate inspection and a certificate will be issued for each.  A separate fee will be charged for each vehicle inspected.  The inspection certificate for a trailer will never be placed on the windshield of the towing vehicle.
        5.  Each inspection shall be a complete inspection.  All of the items noted within these rules and regulations shall be inspected.
        6.  Pre-inspections cause hardship for the customer and will not be allowed.
        7.  Use of the stamp kit in place of certificate inserts is prohibited unless authorized by the Safety Enforcement Office.  Marking pens are not to be used in place of an insert.

    D.  Issuance of Rejection Certificates
        1.  When a vehicle is presented for inspection and fails to pass the safety standards, the current fee will be charged for the service of inspecting the vehicle.  The owner or operator will be advised of the defects causing the vehicle to fail inspection.
        2.  A rejection certificate is valid for a time period of thirty (30) days from the date of issuance.  The owner or operator of the rejected vehicle is allowed this thirty (30) day period to make the necessary repairs or replacements which will place the vehicle in compliance.  If the vehicle presents no hazard to the public, it may be used for normal activities.  If the vehicle presents a definite hazard to the public, a restricted twenty (20) mile limitation on usage may be imposed (see Issuance of Restricted Rejection Certificate).
        3.  When a rejected vehicle is returned to the same inspection station within thirty (30) days of issuance, the inspector is required to check only the items previously found defective unless other obvious defects are noted.  There is no charge for this re-inspection provided that the defects are corrected and the vehicle is returned to the same inspection station within the thirty (30) day time period.  If the vehicle is taken to another inspection station, a complete inspection is to be performed and another fee is required.
        4.  Only one (1) rejection certificate may be issued to a vehicle.  Under no circumstances shall any station issue a second rejection certificate to a vehicle.
        5.  An inspection station may not issue a rejection certificate solely because the station is out of inspection certificates.  If the station's supply of inspection certificates becomes depleted, the station must completely cease inspecting until a new supply of certificates is obtained.
        6.  All rejection certificates must be entered in the weekly/monthly log report in numerical order and must be accounted for.  The log report must indicate the items found defective by making a notation in the appropriate blocks provided.  The reverse side of the rejection certificate must also indicate the defective items found.
        7.  Should the owner or operator of a rejected vehicle refuse to accept the rejection certificate, it will be noted as such on the log report.  The completed rejection certificate will be attached to the log report and sent to the local Safety Enforcement Office at the end of the inspection week as required.
        8.  The rejection certificate must be filled out in black ink only.  It will be noted on the reverse side of the rejection certificate, the date of inspection, a brief description of the vehicle and the expiration date of the rejection certificate.  The face of the rejection certificate will be stamped with the number of the month in which the vehicle was inspected.
        9.  The rejection certificate will be affixed to the lower left-hand corner of the windshield as viewed from the driver's seated position.  The owner or operator will be told by the mechanic inspector of the thirty (30) day expiration of the certificate and what items caused the vehicle to fail inspection.  The owner or operator will be advised of the procedure for re-inspection.
        10.  If the vehicle is returned for re-inspection within the thirty (30) day limit and the defective items have been corrected, and for some reason the station cannot re-inspect the vehicle, the fee collected at the time of rejection must be returned to the owner or operator.
        11.  If the vehicle fails inspection due to an emission system defect, the reverse side of the rejection certificate will be marked to indicate which system failed.

    E.  Issuance of Restricted Rejection Certificates
        1.  If a rejected vehicle presents a definite hazard to the public, the vehicle's usage shall be restricted.  A restricted rejection certificate shall be issued limiting the vehicle's usage to twenty (20) miles.  The owner or operator still has thirty (30) days to repair the defective item(s).  The vehicle should only be used to be repaired, inspected or returned to the owner or operator's residence.  The face of the rejection certificate will be marked with the number of the month it is issued along with an X stamped next to it.  The mileage at which the rejection will expire will be placed on the face of the certificate.  The date of expiration will also be noted on the certificate.
        2.  A vehicle would be classified as restricted when one (1) or more of the following items causes a rejection.  This does not eliminate the fact that a combination of defects may also render the vehicle unsafe and, therefore, restricted.
            a.  no liability insurance;
            b.  steering;
            c.  tires, wheels and rims;
            d.  braking system;
            e.  tail lights or stop lights; or
            f.  exhaust systems.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2426 (December 1999).

**********************end LAC 55.III.809******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


§811.  Inspection Procedures. LAd11
As promulgated in the Louisiana Register at LR 25:2427 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  The mechanic inspector shall record the expired sticker number on the log report then remove the expired sticker prior to continuing with the inspection.

    B.  The mechanic inspector will conduct a review of the documents for the vehicle ensuring that all documents are in agreement.
        1.  Certificate of Registration.  Contains information which must be verified with the corresponding information on the vehicle.  A photocopy or original registration is acceptable.  In lieu of a registration certificate, a vehicle may be inspected with a valid temporary marker.
        2.  Vehicle Identification Number (VIN).  The VIN must agree with Certificate of Registration and the insurance document.  It must match the VIN displayed on the vehicle.
        3.  License Plate.  The registration indicates a license plate number and expiration date of the plate.  This information must correspond with the information displayed on the vehicle.  The license plate cannot be expired.
            a.  Vehicles which display apportioned license plates for trucks which travel out of Louisiana are issued a Louisiana apportioned cab card in lieu of a registration.  This cab card indicates the license plate expires at the end of December.  However, a grace period exists which extends the expiration of the license plate until the end of February.
            b.  A temporary registration authorization indicating an apportioned plate has been applied for is also acceptable in lieu of a registration.  When this condition exists, no license plate is present.  The temporary registration allows the vehicle to be used until the apportioned plate and cab card are issued.
            c.  Vehicles which display either a dealer plate or a temporary cardboard plate with green lettering on a white background are exempt from presenting a registration certificate.  The driver must provide proof of fleet liability insurance coverage.  The insurance must be in the name of the dealership which carries the vehicle in it's inventory.
            d.  Drivers of vehicles which display a valid sixty (60) day temporary marker must also present a bona fide bill of sale.  The bill of sale must indicate the vehicle was purchased within sixty (60) days from the date the vehicle is presented for inspection.
            e.  All vehicles which display a public license plate are exempt from presenting a registration certificate and proof of insurance.  City, parish or state-owned vehicles, if licensed with Louisiana license plates, are required to be inspected and must meet the same requirements of any other vehicle of that same size and weight.
        4.  Operator License: Must be valid and in the immediate possession of the vehicle operator.  It must be presented to the mechanic inspector, and the license number must be taken from the driver's license and recorded in the appropriate block on the weekly/monthly log report.
            a.  A valid out-of-state driver's license is acceptable.  The state in which it was issued must be noted on the log report.
            b.  A temporary driving permit issued in connection with a traffic violation when the operator's license is held may be accepted until the permit expires on the court date noted.
            c.  When inspecting motorcycles, the operator's license must have a motorcycle endorsement.
            d.  Operators of school buses and commercial motor vehicles must possess the appropriate type commercial driver's license.
        5.  Proof of Current Liability Insurance: Must be shown to the mechanic inspector.  The vehicle operator must also sign the log report indicating the vehicle is covered by liability insurance.  (Note: Government vehicles are exempt from furnishing proof of insurance.) One of the following must be presented as proof of insurance.
            a.  A current certificate of insurance, motor vehicle liability insurance policy (or duplicate of the original) or a binder for the same is acceptable.  A vehicle's policy identification card or photocopy of the same may also be accepted.  These documents shall designate the name of the insurance company affording coverage, the policy number, the effective dates of coverage (both the beginning and ending dates are required) and a description of the vehicle covered including the VIN.  A binder must be an official accord binder form and can be handwritten.
            b.  A copy of a motor vehicle liability bond.  This document may or may not describe the vehicle covered.
            c.  A certificate from the state treasurer indicating a deposit was made to the state.  It will not have a description of the vehicle, but the vehicle must be registered under the same name as noted on the certificate.
            d.  A certificate of self-insurance issued by the Louisiana Department of Public Safety and Corrections.  It is not required to describe the vehicle covered.
        6.  License Plate Mounting and Condition: In addition to being valid, the license plate will be inspected for the following:
            a.  Must be secured to their mounting brackets.
            b.  Must be clean, clearly visible and readable for a distance of fifty feet (50') to the rear of the vehicle.  Plates shall not be obscured or damaged so that the numbers cannot be identified.
            c.  Must be mounted in the rear.
            d.  Truck-trailer, emergency fire fighting equipment, dump-body trucks, trucks over six thousand pounds (6,000 lbs) and forestry product licensed vehicles may display the plate on either the front or rear of the vehicle.

    C.  All vehicles presented for inspection will be inspected for all of the following items: vehicle registration, vehicle license plate, driver's license and proof of liability insurance.
    D.  Every motor vehicle, trailer, semi-trailer and pole trailer registered in this state shall bear a valid safety inspection certificate issued in the State of Louisiana.

    E.  The director may authorize the acceptance of out-of-state inspection certificates when the state's inspection laws are similar to those stated herein.  The director may also extend the time within which a certificate shall be obtained by the resident owner of a vehicle which was temporarily out of state during the time an inspection was required.  However, once the vehicle is returned to Louisiana, a valid Louisiana inspection certificate must be obtained immediately.

    F.  State mechanic inspectors must check registrations prior to inspecting vehicles.  Any vehicle registered in the municipalities of New Orleans, Kenner or Westwego must be inspected in those municipalities.  In addition, inspectors must refer to the four digit domicile code on the registration.  Effective January 2000, any vehicle registered with a domicile code beginning with 03 (Ascension Parish), 17 (East Baton Rouge Parish), 24 (Iberville Parish), 32 (Livingston Parish), or 61 (West Baton Rouge Parish), the Nonattainment Area, must be inspected within that five parish area.  There is no longer an exception to this rule.

    G.  When a vehicle is presented for inspection, the mechanic inspector will collect the inspection fee and request that the driver present his operator's license, vehicle registration certificate and proof of liability insurance for the vehicle being inspected.

    H.  The vehicle registration must indicate an address other than in Kenner, Westwego or New Orleans.  Residents of these areas are required to comply with the municipal ordinances of periodic inspections of the area in which they reside.  Exception: In hardship cases approved by a Safety Enforcement Officer, vehicles from these areas with an expired inspection certificate may be inspected at state inspection stations which will be valid until the return of the vehicle to these municipal areas.

    I.  The mechanic inspector shall verify whether or not he is qualified to inspect and the station is approved for the vehicle type being inspected, such as a passenger vehicle, commercial vehicle, school bus, etc.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2427 (December 1999).

**********************end LAC 55.III.811******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


§813.  Required Equipment. LAd11
As promulgated in the Louisiana Register at LR 25:2428 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  Inspected items must be in proper condition and adjustment such that the item does not pose an unsafe condition as to endanger any person or property.

    B.  Speedometer/Odometer
        1.  The speedometer and odometer will be checked while road testing the vehicle.
        2.  Proper operation of the speedometer is required.
        3.  The speedometer shall indicate miles per hour (mph) traveling.
        4.  The odometer shall accurately calculate the mileage driven.  The actual mileage must be recorded on the log report.

    C.  Horn
        1.  The horn shall be securely fastened.
        2.  The horn shall be an original type horn or an equivalent.
        3.  The horn shall be functional and audible for a distance of two hundred feet (200').
        4.  The horn button shall be readily accessible to the operator.
        5.  An auxiliary horn must be wired to a separate switch.

    D.  Brakes
        1.  Every vehicle required to be equipped with brakes must be tested and shall be capable of meeting the requirement as herein stated concerning performance ability.
        2.  The test for stopping distance shall be made on a substantially level, dry, smooth, hard surface that is free from loose material.  It will be conducted at a rate of twenty miles per hour (20 mph) and must meet the minimum breaking distance as listed below.  The vehicle shall not pull to the right or the left causing the vehicle to excessively alter it's direction of travel.
        3.  A platform brake tester may be used instead of performing the road test.  Before attempting to inspect a vehicle's brakes with a platform brake tester, the mechanic inspector shall be trained on and have experience in the use of the machine.  The machine shall have adequate capacity.  The mechanic inspector shall follow all tester manufacturer's directions.
        4.  Classifications for brake application
            a.  Passenger vehicles with a seating capacity of ten (10) people or less including driver and not having a manufacturer's gross vehicle weight rating shall have a braking distance of 25 feet.
            b.  Single unit vehicles with a manufacturer's gross vehicle weight rating of less than 10,000 pounds shall have a braking distance of 30 feet.
            c.  Motorcycles and motor-driven cycles shall have a braking distance of 30 feet.
            d.  Single unit vehicles with a manufacturer's gross weight rating of 10,000 pounds or more shall have a braking distance of 40 feet.
            e.  Combination of a two-axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less shall have a braking distance of 40 feet.
            f.  Buses, regardless of the number of axles, not having a manufacturer's gross weight rating shall have a braking distance of 40 feet.
            g.  All combinations of vehicles in drive away, towaway operations shall have a braking distance of 40 feet.
            h.  All other vehicles and combination of vehicles shall have a braking distance of 50 feet.

    E.  Brake Requirement
        1.  Any vehicle registered as a farm trailer, farm semitrailer, rubber-tired farm wagon, drawn rubber-tired farm equipment or implements of husbandry manufactured or assembled prior to January 1, 1973, and operated or moved only incidentally on the highways of this state, shall be exempt from brake requirements provided that:
            a.  the gross weight does not exceed ten thousand pounds (10,000 lbs.);
            b.  the speed does not exceed thirty miles per hour (30 mph);
            c.  fertilizer distributors or spreaders are exempt from brake requirements.  Commercially owned anhydrous ammonia nurse tank trailers used for the transportation and storage of fertilizer are exempt from the braking requirements.
        2.  Every registered vehicle when presented for inspection shall be equipped with brakes in accordance with the requirements herein stated.
            a.  Every motor vehicle, other than motorcycles or motor driven cycles, shall be equipped with brakes adequate to control movement of and to stop and hold movement of such vehicle.  Two (2) separate means of applying brakes are required, each of which shall effectively apply brakes to at least two (2) wheels and shall be capable of complying with the brake performance shown in the classification table.
            b.  Every motorcycle and every motor driven cycle shall be equipped with at least one (1) brake which may be operated by hand or foot capable of complying with the performance requirements shown in state law.
            c.  Every motorcycle and every motor driven cycle manufactured with two (2) wheels shall be required to be equipped with brakes on both wheels.
            d.  Every 1963 or later model year motor vehicle shall be equipped with brakes on all wheels.  
            e.  Every trailer or semi-trailer exceeding three thousand pounds (3,000 lbs) gross weight shall be equipped with brakes acting on all wheels.
        3.  The following exceptions exist.
            a.  Trailers and semi-trailers having a gross weight between three thousand pounds and five thousand pounds (3,000-5,000 lbs) need only be equipped with brakes on a single axle.
            b.  Trailers and semi-trailers manufactured or assembled prior to January 1, 1963, need only be equipped with brakes on a single axle provided the combination of vehicles, consisting of the towing vehicle and its total load, is capable of complying with the performance requirements.
            c.  Farm trailers and semi-trailers manufactured or assembled prior to January 1, 1973, need not be equipped with brakes.  Every farm trailer and farm semi-trailer manufactured or assembled on or after January 1, 1973, and having a gross weight exceeding three thousand pounds (3,000 lbs) shall be equipped with brakes in accordance with the requirements set forth above.
            d.  Log trailers shall be exempt from brake requirements until January 1, 1973, after which time they shall be equipped with brakes in accordance with the requirements set forth above.
            e.  Trucks and truck-tractors, 1963 and older, which have had an additional axle and wheels (tag axle) added for the purpose of allowing a greater payload must be capable of complying with brake performance requirements for the additional weight or be equipped with brakes on the additional tag axle in order to meet the brake performance requirements.
            f.  Vehicles carrying forest products in their natural state shall not be required to have a brake on the drag axle if the wheels of the drag axle touch the ground only when the vehicle is loaded.  However, this provision does not apply to trailers or trucks with more than two (2) axles.

    F.  Parking Brakes
        1.  The parking brake will be inspected for the proper operation of the alternative braking system.  The parking brake shall operate as originally equipped.  The brake must be inspected for proper setting and release functions.

    G.  Lighting System
        1.  All required bulbs or sealed beams must light when activated.  All lamps must be of an approved type.
        2.  Auxiliary lighting equipment must not be placed on, in or in front of any lamp nor will auxiliary lighting interfere with the necessary visibility width of any lamp.
        3.  All lamp assemblies must be properly fastened.
        4.  No rear lamp is allowed with a broken, missing or defective lens which allows white light to be visible to the rear of the vehicle.
        5.  The use of tape on the surface of the rear lens or the use of any shield that covers any portion of the light will not be allowed unless originally factory equipped.
        6.  Any after market auxiliary lamp installed on a vehicle that is designed to emit white light or any auxiliary lamp mounted facing forward must be covered when used on public streets and highways.  If auxiliary lamps are not properly covered, the inspector shall reject the vehicle.

    H.  Headlamps
        1.  All motor vehicles, except motorcycles, motor scooters and motor bikes shall be equipped with at least two (2) operable headlamps, emitting white light only.  These headlamps may be the multiple beam type or the single beam type.  The type headlamp with which the vehicle is equipped will determine what requirements must be met.
        2.  Motor vehicles must have at least two (2) headlamps, but not more than four (4) headlamps, half mounted on each side on the front of the vehicle.
        3.  The mounted height of headlamps, measured from the center of the lamp to the level ground, will not be more than fifty-four inches (54") nor less than twenty-four inches (24").
        4.  All vehicles must be equipped with an operable dimmer switch and beam indicator (high or low beam designation).
        5.  Headlamp concealment devices must remain fully open when the headlamp is illuminated.  The concealment device must be opened automatically or manually without the use of any tools.
        6.  Aiming of Headlamps is as follows:
            a.  The inspection shall include the adjustment of headlights when needed and if mechanically practical.  This service shall be performed at no additional cost to the operator of the motor vehicle.
            b.  Headlights shall be aimed using only approved equipment and following manufacturer's recommendations.
        7.  Any after market auxiliary lamp installed on a vehicle's roof or on a roll bar that is designed to emit white light must be covered when used on public streets and highways.  If auxiliary lamps are not properly covered, the inspector shall reject the vehicle.

    I.  Parking Lamps on the front of the vehicle.  When actuated, the front parking lamps must display either white or amber light.  These lamps must operate as originally equipped.

    J.  Turn Indicator Lamps, Front and Rear
        1.  Any vehicle manufactured or assembled after December 31, 1962, must be equipped with lamps which indicate the direction of a turn displaying the signal to both the front and rear of the vehicle.
        2.  Front turn indicator lamps: Both front turn indicator lamps must be mounted on the same level and display an amber light, except those vehicles manufactured or assembled prior to January 1, 1969.  Those vehicles may emit either a white or amber colored light.
        3.  Rear turn indicator lamps: Both rear turn indicator lamps must be mounted on the same level with one on each side of the vehicle.  The lamps may emit either red or amber color light only.  The lens covering the lamp may not be cracked, broken or missing causing white light to be emitted to the rear of the vehicle.  The lens must be of an original type lens.
        4.  The signal cancellation must operate as originally equipped and cancel the signal when the turning maneuver is completed, except for truck-tractors, motorcycles or motor driven cycles.

    K.  Tail Lamps
        1.  Tail lamps must be covered with an original type lens.  It cannot be cracked, broken or missing any of the lens which would emit white light to the rear of the vehicle.
        2.  Vehicles manufactured or assembled after December 31, 1962, must be equipped with two (2) tail lamps.
        3.  The tail lamp must emit red light only.
        4.  The maximum height of tail lights is seventy-two inches (72") and the minimum height allowed is fifteen inches (15").

    L.  Stop Lamps
        1.  Vehicles manufactured or assembled after December 31, 1962, are required to have two (2) operational stop lamps with the exception of motorcycles, motor driven cycles or truck tractors, which must have at least one.
        2.  The stop lamps must emit red light only visible at least three hundred feet (300') to the rear of the vehicle.
        3.  The stop lamps must operate as originally equipped.
        4.  The lens covering the stop lamp must be of an original type not broken, cracked or missing any portion which allows white light to be emitted to the rear of the vehicle.

    M.  High Mount Brake Lamp
        1.  All passenger vehicles manufactured September 1, 1985, and thereafter must be equipped with a third stop lamp.  This lamp is to be mounted in the line of sight near the rear window with at least four and one-half inches (4 1/2") of exposed red area on the lens.  Light duty trucks with the model year 1995 and later are required to have high mount lamps.
        2.  The high mount brake lamp must be present and operate as originally equipped.
        3.  The vehicle shall be rejected if the high mount brake lamp is obscured by any add on item such as ladder racks, luggage racks, etc.  Light duty trucks that are equipped with high mount brake lamps and have had a camper top installed must have a similar high mount brake lamp installed on the camper top in a corresponding position in the rear.  If the vehicle comes equipped with a high mount brake lamp, it cannot be obscured by any after market item unless it is replaced with a comparable lamp as originally equipped and visible from the rear of the vehicle.

    N.  Back-Up Lamps
        1.  Vehicles manufactured or assembled after January 1, 1969, must be equipped with no more than two (2) backup lamps.
        2.  The back-up lamp must emit a white light only.
        3.  The back-up lamps must be lighted only when the vehicle is in reverse gear and must not light when the vehicle is in any other gear.

    O.  License Plate Lamp
        1.  The license plate lamp must illuminate the license plate making it visible for fifty feet (50') to the rear.
        2.  The lamp is to be lighted with white light only when headlamps or auxiliary driving lamps are lighted.  Except for antique vehicles, the use of neon lights or the use of any other lights which obscure the license plate is prohibited.

    P.  Outside/Inside Rearview Mirrors
        1.  From the driver's seated position, visually inspect the left outside rearview mirror and the interior mirror for clear and reasonably unobstructed view two hundred feet (200') to the rear.
        2.  The mirrors should not be cracked, pitted or clouded to the extent that the driver's vision would be obscured.  Inspect mirrors for correct location and stable mounting.
        3.  Mirrors must maintain set adjustment so that the rear vision is not impaired.
        4.  All vehicles manufactured after December 31, 1972, must be equipped at the factory with a left-hand, outside rearview mirror.  This includes motorcycles and motor driven cycles.  If two (2) outside mirrors are utilized, no inside mirror is required.

    Q.  Windshield Wipers
        1.  U.S. vehicles produced after January 1, 1968, must be equipped with a wiper system capable of operating at two (2) or more speeds.  Two (2) wipers are required if the vehicle was originally equipped with such.  All motor vehicles equipped with windshields, except motorcycles and motor driven cycles, are required to have windshield wipers.
        2.  Windshield wipers must operate as originally equipped to operate.  If vacuum operated, the engine must be idling and the control must be turned on to the maximum setting.
        3.  Windshield wipers shall not smear or severely streak the windshield.
        4.  Proper contact of the blades with the windshield is required.  Inspect by raising the arm away from the windshield and then release it.  The arm should return to the original position or should urge the wiper blade to contact the windshield firmly.
        5.  The condition of the blades and metal parts must be checked.
        6.  Metal parts and blades shall not be missing or damaged.  Blades shall not show signs of physical breakdown of rubber wiping element.  Rubber blades shall not be damaged, torn or hardened to the point that they do not clear the windshield.
        7.  The windshield wiper control shall be within reach of the driver.

    R.  Windshield Washers
        1.  Legislative Act 129, 1992, L.R.S. 32:356(B) states all vehicles six (6) years old or older are not required to have working windshield washers.  All other vehicles are required to have operating windshield washers.

    S.  Windshields
        1.  Every passenger vehicle, other than a motorcycle, shall be equipped with an adequate windshield.
        2.  For inspection purposes, the windshield is composed of three (3) areas as follows.
            a.  Acute Area.  The acute area is directly in the driver's line of vision in the center of the driver's critical area.  It is 8 1/2" x 11", the size of a standard piece of paper.  In this area no cracks are allowed.  No more than two (2) stars, nicks, chips, bulls eyes or half moons in excess of one-half inch (1/2") will be allowed.
            b.  Critical Area.  The critical area is the area other than the acute area which is cleaned by the normal sweep of the windshield wiper blades on the driver's side only.  In this area, any star larger than two inches (2") in diameter; two (2) or more stars larger than one and one-half inches (1 1/2") in diameter and two (2) or more cracks which extend more than eight inches (8") in length will not be allowed.
            c.  Non-Critical Area.  This area consists of all other windshield area other than the acute or critical area.
        3.  A windshield can be rejected at any time the condition creates a safety hazard.  If a windshield is cracked in such a way as to jeopardize the integrity of the windshield, the vehicle is to be rejected.

    T.  Windows and Glass Sunscreening and Glass Coating
        1.  Windshields are allowed to have sunscreen extend down from the topmost portion of the windshield no more than five inches (5").  The sunscreen shall be transparent and not red or amber in color.
        2.  Vehicles being presented for inspection which have been issued a Sunscreen Certificate shall have only the front side windows inspected.  These must have a reading of forty percent (40%) or higher light transmittal to pass inspection.
        3.  Vehicles being presented for inspection that do not have a sunscreen certificate shall be inspected as follows.
            a.  Windshield.  As stated above, sunscreen may not extend more than five inches (5") from the top of the windshield and may not be red or amber in color.
            b.  Front Side Windows.  Must have at least forty percent (40%) light transmission.
            c.  Side Windows Behind Driver Must have at least twenty-five percent (25%) light transmission.
            d.  Rearmost Glass.  Must have at least twelve percent (12%) light transmission.
            e.  Label.  There must be a label affixed to the lower right corner of the driver's side window.  It must not exceed one and one-half inches (1 1/2") square in size.  It must be installed between the glass and the sunscreen material and must contain the name and city of the installer.
        4.  Light transmission will be checked using only an approved tint meter and following manufacturer's directions.
        5.  Sunscreen shall not have a luminous reflectance of more than twenty percent (20%).
        6.  No tint material may be affixed to the front windshield or the front side windows if the material alters the color of the light transmission.  No tint other than smoke shall be allowed.
        7.  Exceptions to the Sunscreen Rule
            a.  Sunscreen regulations do not apply to windows behind the driver of trucks, buses, trailers, motor homes, multi-purpose passenger vehicles and all windows of vehicles used for law enforcement purposes.
            b.  Vehicles with sunscreen certificates as stated above.
            c.  A person with a medical condition which makes that individual sensitive to sun exposure may obtain a waiver form provided by the Department of Public Safety and Corrections from the Safety Enforcement Office.  The waiver must be completed by a licensed physician and must be signed by a Safety Enforcement Officer.  This waiver exempts the vehicle identified on the form from all restrictions as provided in R.S. 32:361.1.
            d.  Special exemptions for security reasons will be approved only by the Section Commander.

    U.  Body and Sheet Metal.  Exterior components of the body and sheet metal parts must not be damaged and/or dislocated so that they project from the vehicle and present a safety hazard to occupants, pedestrians or other vehicles.

    V.  Fenders
        1.  Fenders, covers or devices including splash aprons and mud flaps shall be required unless the body of the vehicle or attachments afford protection to effectively minimize the spray or splash of water, mud or loose material on the highway from the rear of the vehicle.
        2.  Tires shall not extend beyond fenders or attachments more than one inch (1") to provide a safe condition.
        3.  All vehicles with an unladen weight of under one thousand five hundred pounds (1,500 lbs) and trucks or farm vehicles handling or hauling agricultural or forestry products are exempt from fender requirements.
        4.  Front and rear fenders that have been removed because of being hazardous or unserviceable must be replaced.  If replacement of the front or rear fender removes a required lighting device, the lighting device must be reinstalled or replaced.

    W.  Bumpers
        1.  Bumpers removed from vehicles originally equipped with bumpers will not be permitted.  However, rear bumpers are not required on pickup trucks.
        2.  Rebuilt or modified bumpers must be made of material equivalent to the original bumpers and must be equal in strength.
        3.  Bumpers must be securely attached and not broken or protruding.

    X.  Doors.  The vehicle's doors will be inspected as follows.
        1.  All doors must be present and operational.
        2.  Doors must be secured in the closed position.
        3.  Doors must function as originally equipped by the factory.

    Y.  Hood Latch.  The hood must be securely held in a closed position by an original type latch.

    Z.  Floor Pan.  No holes or rusted areas are permitted in the occupant compartment or trunk.  Inspectors may require that the trunk of a vehicle be opened on vehicles possessing serious body rust throughout.

    AA.  Wheels and Tires
        1.  Conduct a visual check of the wheels and tires to detect any condition that would create a hazard or an unsafe condition.
        2.  All tires must be for highway use.  Tires marked Not For Highway Use, Farm Use Only or For Racing Purposes Only are not allowed.
        3.  Tires without tread wear indicators shall have twothirty seconds inch (2/32") tread remaining when measured in any two (2) adjacent major grooves at a minimum of three (3) locations spaced approximately equal distance around the major tire groove.
        4.  Tires with tread wear indicators shall not allow the indicators to contact the road in any two (2) adjacent major grooves at three (3) locations spaced equally around the tire.
        5.  Cord shall not be exposed through the tread.  Tread cuts, snags or sidewall cracks in excess of one inch (1") in any direction deep enough to expose cords, are not allowed.
        6.  Tires shall not have visible bumps, bulges or knots indicating partial failure or separation of the tire structure.
        7.  Tires shall not be re-grooved or re-cut below the original groove depth except tires which have undertread rubber for this purpose and are identified as such.
        8.  Tires on the same axle shall be of the same type construction.
        9.  Wheels shall not be bent, loose, cracked or damaged as to affect safe operation.
        10.  Rims or wheel flanges shall not be defective.
        11.  Wheels should be secure.  Only one missing or defective bolt, nut or lug is allowed except on a four-hole pattern wheel.  On a four hole pattern wheel no missing or defective lugs are allowed.

    BB.  Steering Mechanism
        1.  An original equipment type steering wheel is required.
            a.  The steering wheel shall be of the same diameter as originally equipped.  Any modification that may affect the proper steering of the vehicle is prohibited.
            b.  Chain-type steering wheels shall not be allowed.
        2.  Excessive play, tightness, binding or jamming shall not be allowed.
            a.  With the front wheels in a straight ahead position, check steering for free play.  More than two inches (2") of free play for power assisted steering and more than three inches (3") of free play for manual steering will not be permitted.
        3.  Excessively worn or broken parts in the steering components, any leakage of the power unit or excessive looseness of the power system fan belt shall not be permitted.
        4.  Modification of the front end and steering mechanism in any manner shall not be permitted.

    CC.  Suspension and Shock Absorbers
        1.  The vehicle must have operational shock absorbers and springs.
        2.  The vehicle must have at least three inches (3") of suspension travel.
        3.  The vehicle must have at least four inches (4") of ground clearance measured from the frame with the vehicle on a level surface.

    DD.  Seats and Seat Belts
        1.  Front seats shall be securely anchored to the floor pan.  Missing anchor bolts are not permitted.  The seat adjusting mechanism shall not slip out of the set position.
        2.  Seat belts shall operate and adjust as originally intended.  Seat belt buckles shall operate properly.
        3.  Webbing shall not be split, frayed or torn.
        4.  Seat belts shall be securely mounted.  Anchorages shall be secure.
        5.  Passenger cars, vans or trucks with a gross weight of six thousand pounds (6,000 lbs) or less, and manufactured after January 1, 1981, require front seat belts only.

    EE.  Exhaust System.  The exhaust system includes the piping leading from the flange of the exhaust manifold to, and including, the mufflers, resonators, tail piping and emission control device.  Visually inspect the exhaust system for rusted or corroded surfaces.
        1.  The vehicle must have a muffler.
        2.  No loose or leaking joints in the exhaust system are allowed.  Also, no holes, leaking seams, loose interior baffles or patches on the muffler are allowed.
        3.  The tail pipe end can not be pinched.
        4.  Elements of the system must be fastened securely, including missing connections or missing or broken hangers.
        5.  A muffler cannot have a cut-out bypass, or similar device which allows fumes to escape.
        6.  The muffler cannot emit excessive smoke, fumes, or noise.
        7.  The tail pipe shall extend past the passenger compartment.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2428 (December 1999).

**********************end LAC 55.III.813******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


§815.  Miscellaneous Inspection Procedures. LAd11
As promulgated in the Louisiana Register at LR 25:2433 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  Trailers
        1.  Every trailer and semi-trailer with a loaded gross weight capacity of up to six thousand pounds (6,000 lbs) shall be equipped with safety chains.  The safety chains shall be securely attached to the towing vehicle when the trailer or semi-trailer is in motion, and shall be of sufficient strength to hold the trailer behind the towing vehicle in case the connection between the two vehicles detaches.
        2.  Trailers shall be inspected for fenders, lights and brakes where applicable.

    B.  Antique Cars.  Motor vehicles which are forty (40) years old or older and which are used primarily for exhibition in shows, parades, tours and other special uses and not for general transportation, and which are registered and licensed as antique as provided in L.R.S. 32:707(L) shall be exempt from the inspection requirements of this chapter.

    C.  Motorcycles.  In addition to other items already stated, motorcycle handlebars will also be inspected as follows:
        1.  They must be constructed of tubing comparable to or exceeding the thickness of the original equipment.
        2.  No cracks, deformation or excessive flexure is allowed.
        3.  Handlebars shall not be more than fifteen inches (15") above the seat.
        4.  Handlebars shall be properly aligned.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2433 (December 1999).

**********************end LAC 55.III.815******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


Subchapter C.  Vehicle Emission Inspection And Maintenance Program

§817.  General Information. LAd11
As promulgated in the Louisiana Register at LR 25:2433 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  Emission Control System Inspections.  This section describes the general procedures to be used by certified inspectors when conducting anti-tampering and other emission control system inspections on 1980 and newer model year gasoline-fueled passenger cars and gasolinefueled light- and heavy-duty trucks (10,000 pounds gvwr or less) registered and/or operated in the State of Louisiana.  The purpose of the vehicle anti-tampering inspection is to detect physical damage to, or disablement or removal of, emission control system components, and to repair or replace defective or missing system components.  The purpose of the evaporative system pressure test is to ensure that the entire evaporative emission system is fully pressurized and functional.  These emission control system inspections are designed to reduce both tailpipe and evaporative pollutant emissions from in-use vehicles operated in Louisiana.

    B.  General Inspection Procedures
        1.  The vehicle anti-tampering inspection is designed to identify any evidence of tampering or obvious need for repair or replacement of a vehicle's emissions control system components.  Vehicles that initially fail the anti-tampering inspection are required to be repaired and re-inspected in order to comply with the inspection guidelines.  The anti-tampering inspections also serve to discourage illegal tampering with the vehicle's emission control system, thereby resulting in additional reductions of vehicular emissions in Louisiana.
        2.  No attempt shall be made by the certified inspector to remove any engine components to perform the anti-tampering inspection.  In instances where certain components are not visible, it will be assumed that the component is properly connected and operative.  However, this assumes that a reasonable attempt was made by the certified inspector to identify and visually examine the component.
        3.  During the inspection, the certified inspector will either pass or fail the vehicle based on the criteria described herein.  The vehicle will be rejected if any of the inspected parameters are found disconnected or tampered with.  The certified inspector will then place a rejection certificate on the vehicle and inform the vehicle operator why the vehicle failed inspection and what corrective measures are required for the vehicle to pass inspection.
        4.  For the purpose of the vehicle anti-tampering and inspection and maintenance program, passenger car means every motor vehicle designed for carrying 10 passengers or less and used for the transportation of people.
        5.  For the purpose of the vehicle anti-tampering and inspection and maintenance program, light-duty truck and heavy-duty truck means a gasoline-fueled motor vehicle with a gross vehicle weight rating of 10,000 pounds or less.  Light- and heavy-duty trucks shall include, but not be limited to, minivans, sport utility vehicles, pick-up trucks, panel delivery trucks, and carry-all trucks.
        6.  Proof of repair or replacement of emission control components shall be provided by the vehicle owner at the time the vehicle is re-inspected.  This proof shall be in the form of a dated repair receipt or a sales invoice and must be presented to the inspection station when the vehicle is reinspected.

    C.  Manufacturer's Emission Control Label
        1.  The manufacturer's emission control label located under the hood consists of a schematic diagram of the original emission control components installed on the vehicle.  The certified inspector should refer to this label diagram when attempting to locate applicable emission control components.  On vehicles equipped with a catalytic unit, a decal is required by federal regulation to have the word catalyst in legible letters.
        2.  Vehicles with catalytic converters should have unleaded fuel only decals near the filler pipe and fuel gauge.  Missing labels will not be grounds for rejection.

    D.  Manufacturer's Information Plate.  The gross vehicle weight rating (gvwr) of a vehicle is stamped on the federal safety sticker located inside the left door of the vehicle.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2433 (December 1999).

**********************end LAC 55.III.817******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


§819.  Anti-tampering and Inspection and Maintenance Parameters. LAd11
As amended in the Louisiana Register at LR 27:2260 (December 20, 2001).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).
Superseded by revisions approved by EPA November 13, 2006 (72 FR 66113) effective January 12, 2007 (LAd22).

    A.  The statewide vehicle anti-tampering program will include a visual inspection of the following emission control system components on all 1980 and newer model year gasoline-fueled passenger cars and gasoline-fueled light- and heavy-duty trucks (10,000 pounds gvwr or less) registered and/or operated in Louisiana:
        1.  catalytic converter system (catalyst);
        2.  air injection system (AIS including belts, hoses, and valves);
        3.  positive crankcase ventilation system (PCV system including hoses and valves);
        4.  evaporative emission control system (charcoal canister, hoses, wires, and control valves); and
        5.  exhaust gas recirculation system (EGR valve and hoses).

    B.  Effective January 1, 2000, and in addition to the antitampering parameter checks listed in subsection A of this section, a vehicle inspection and maintenance program consisting of a gas cap pressure test is required on all subject vehicles, 1980 and newer model year, galoline-fueled passenger cars and gasoline-fueled trucks (10,000 pounds gvwr or less) registered within the five-parish nonattainment area.  The nonattainment area is comprised of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge parishes.

    C.  Effective January 1, 2002, and in addition to the requirements outlined in Subsections A and B of this section, the performance of Onboard Diagnostic (OBD II) system checks will be required on all 1996 and newer model year gasoline-fueled passenger cars and gasoline-fueled trucks (10,000 pounds gvwr or less) registered in the five parish non-attainment area.  These mandatory OBD II checks are to be performed in accordance with the federal “Amendments to Vehicle Inspection Maintenance Program Requirements Incorporating the Onboard Diagnostic Check”; Final Rule at 40 CFR Parts 51 and 85 as published in the Federal Register, Thursday, April 5, 2001 (Volume 66, pages 18156 - 18179).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2434 (December 1999), amended LR 27:2260 (December 2001).

**********************end LAC 55.III.819**************ec9s***LAd11***cxi***
This SIP Citation Was Last Modified on:  03/29/2007


§819.  Anti-tampering and Inspection and Maintenance Parameters. LAd22
As amended in the Louisiana Register at LR 30:2493 (November 20, 2004) and submitted to EPA May 5, 2006.
Approved by EPA November 13, 2006 (71 FR 66113) effective January 12, 2007 (LAd22).

     A.  The statewide vehicle anti-tampering program will include a visual inspection of the following emission control system components on all 1980 and newer model year gasoline-fueled passenger cars and gasoline-fueled light- and heavy-duty trucks (10,000 pounds gvwr or less) registered and/or operated in Louisiana:
         1.  catalytic converter system (catalyst);
         2.  air injection system (AIS including belts, hoses, and valves);
         3.  positive crankcase ventilation system (PCV system including hoses and valves);
         4.  evaporative emission control system (charcoal canister, hoses, wires, and control valves); and
         5.  exhaust gas recirculation system (EGR valve and hoses).

     B.  Effective January 1, 2000, and in addition to the antitampering parameter checks listed in Subsection A of this Section, a vehicle inspection and maintenance program consisting of a gas cap pressure test is required on all subject vehicles, 1980 and newer model year, galoline-fueled passenger cars and gasoline-fueled trucks (10,000 pounds gvwr or less) registered within the five-parish nonattainment area.  The nonattainment area is comprised of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge parishes.

     C.  Effective January 1, 2002, and in addition to the requirements outlined in Subsections A and B of this Section, the performance of Onboard Diagnostic (OBD II) system checks will be required on all 1996 and newer model year gasoline-fueled passenger cars and gasoline-fueled trucks (10,000 pounds gvwr or less) registered in the five parish non-attainment area, except those model year vehicles exempted by the Louisiana Department of Envrionmental Quality pursuant to R.S. 30:2054(B)(8).  These mandatory OBD II checks are to be performed in accordance with the federal Amendments to Vehicle Inspection Maintenance Program Requirements Incorporating the Onboard Diagnostic Check; Final Rule at 40 CFR Parts 51 and 85 as published in the Federal Register, Thursday, April 5, 2001 (Volume 66, pages 18156-18179).

     AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.
     HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2434 (December 1999), amended LR 27:2260 (December 2001), LR 28:345 (February 2002), LR 30:2493 (November 2004).

***end LAC 55.III.819***EPA-R06-OAR-2006-0456***LA010***LAd22***h3v***
This SIP Citation Was Last Modified on:  03/29/2007


Subchapter E.  Administrative and Audit Procedures

§833.  Investigations; Administrative Actions; Sanctions. LAd11
As amended in the Louisiana Register at LR 27:2260 (December 20, 2001).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  The Motor Vehicle Inspection station owner/operator may be investigated for violating any requirement imposed by any inspection law, or any rule or regulation set forth by this Department.  The Department may initiate an administrative proceeding to require the Motor Vehicle Inspection station owner/operator to comply with any requirement contained in any statute or any rule or regulation.  The Department may also issue an action or order in connection with a violation of any statute or rule to impose an administrative sanction including a suspension, revocation or cancellation of any license, permit, certificate or authorization issued pursuant to LAC 55, Part III, Chapter 8 or to impose a civil administrative fine.

    B.  A person who has been denied any license, permit, certification or authorization provided by LAC 55, Part III, Chapter 8, as well as any person who has been subject to any action, order or decision of the Department pursuant to LAC 55, Part III, Chapter 8, may make a written request for an administrative hearing to review such action, order, decision, or denial within thirty days of the date of such action, order, decision, or denial.  The failure to make a timely written request as provided in LAC 55, Part III, Chapter 8, §805 shall result in such action, order, decision, or denial becoming final and no longer subject to review.  The thirty day period provided in LAC 55, Part III, Chapter 8, §805(B) shall commence on the date the action, order, decision, or denial is mailed or hand delivered to the person, as the case may be.

    C.  The Department may immediately and temporarily suspend the license of a Motor Vehicle Inspection station prior to providing an administrative hearing when it is determined that the station has violated any of the provisions of LAC 55:III.819.   In the event of such an immediate and temporary suspension of its license, the station is entitled to an administrative hearing to be held within 14 days of the initial date of suspension.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1304-1310.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2441 (December 1999), amended LR 27:2260 (December 2001).

**********************end LAC 55.III.833******************ec9s****cxi**
This SIP Citation Was Last Modified on:  10/17/2002


§835.  Declaratory Orders and Rulings. LAd11
As promulgated in the Louisiana Register at LR 25:2442 (December 20, 1999).
Approved by EPA September 26, 2002 (67 FR 60594) effective September 26, 2002 (LAd11).

    A.  1.  Any person desiring a ruling on the applicability of R.S. 32:1301 et seq., or any other statute, or the applicability or validity of any rule, regarding the inspection of motor vehicles as provided in Louisiana Motor Vehicle Inspection Law shall submit a written petition to the Deputy Secretary for the Department.
        2.  The written petition shall cite all, constitutional provisions, statutes, ordinances, cases, and rules which are relevant to the issue presented or which the person wishes the Deputy Secretary to consider prior to rendering an order or ruling in connection with the petition.  The petition shall be typed, printed or written legibly, and signed by the person seeking the ruling or order.  The petition shall also contain the person's full printed name, the complete physical and mailing address of the person, and a daytime telephone number.

    B.  If the petition seeks an order or ruling on any action, order or decision of the Department, including the issuance or denial of any license, permit, certification, authorization or approval, the person submitting the petition shall notify all persons specifically named in the action, order or decision, if the person submitting the petition is not one of the named persons.  Such notice shall be sent by certified mail, return receipt requested.  In such case, the petition shall not be considered until proof of such notice has been submitted to the Deputy Secretary, or until the person petitioning for the order or ruling establishes that the person required to receive notice cannot be notified after a due and diligent effort.  The notice shall include a copy of the petition submitted to the Deputy Secretary.

    C.  The Deputy Secretary, or his designee, may request the submission of legal memoranda to be considered in rendering any order or ruling.  The Deputy Secretary or his designee shall base the order or ruling on the documents submitted including the petition and legal memoranda.  If the Deputy Secretary or his designee determines that the submission of evidence is necessary for a ruling, the matter may be referred to a hearing officer prior to the rendering of the order or ruling for the taking of such evidence.

    D.  Notice of the order or ruling shall be sent to the person submitting the petition as well as all other persons provider receiving notice of the petition at the mailing addresses provided in connection with the petition.

    E.  The Deputy Secretary may decline to render an order or ruling if the person submitting the petition has failed to comply with any requirement in this section.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1301 et seq. and R.S. 49:962.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2442 (December 1999).