Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005 Page: 6,589
6499-6834 p. ; 28 cm.View a full description of this periodical.
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(e) Responsibility for inspection program State and/or vendor
property. Each inspection station shall be financially responsible to the
department, or its agents, for all inspection program related property
placed at the inspection station's location.
23.28. Additional Information and Requirements.
(a) [Miniature vehicles.]
(4-) Miniature vehicles such as mini ike g-art r toy
class hesha pass the inspection reqements and obtain an in-
spetion certificate before being operated on the streets and highways
of this tate.]
[(2)] Vehicles with not more than three wheels in contact
with the ground shall be inspected as motor-driven cycles. [All other
vehicles shall be inspected as passenger ears]
(3) Before an inspection eertifCleate is issued to a miniature
vehicle, it shall meet all inspection requirements for its elass of vehicle
and be equipped with lighting devices that meet standards by the Texas
.Department of Publie ft
(b) Reconstructed or rebuilt vehicles.
(1) Reconstructed or rebuilt vehicles using the public high-
ways shall pass all vehicle inspection requirements.
(2) Cars used for competitive racing such as modified stock
cars, dragsters, and hot rods, may be inspected. Rules and regulations
for inspection of passenger cars shall apply to competitive racing cars.
(c) Multipurpose vehicles. A multipurpose passenger vehicle
is a motor vehicle, with exception of a trailer, designed to carry 10
persons or less, constructed either on a truck chassis or with special
features for occasional off-road operation. Lighting and reflector re-
quirements for multipurpose passenger vehicles shall be the same as
for similar type vehicles such as bus or van-type trucks. The type of
registration plate is not a determinative factor in the number of lighting
devices required for inspection purposes.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 27,
2005.
TRD-200504295
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: November 13, 2005
For further information, please call: (512) 424-2135
SUBCHAPTER D. VEHICLE INSPECTION
RECORDS
37 TAC 23.51 - 23.53
The amendments are proposed pursuant to Texas Government
Code, 411.004(3), which authorizes the Public Safety Commis-
sion to adopt rules considered necessary for carrying out the de-
partment's work; and Texas Transportation Code, 548.002 and
548.258 which authorize the department to adopt rules to ad-
minister and enforce the compulsory inspection of vehicles andrequiring inspection stations to use TexasOnline to purchase in-
spection certificates, send records, reports, and other informa-
tion to the department.
Texas Government Code, 411.004(3) and Texas Transportation
Code, 548.002 and 548.258 are affected by this proposal.
23.51. Retention of Records.
(a) Records must be kept in a safe place within the vehicle
inspection station.
(b) Records will be available to authorized officers of the de-
partment.
(c) Records shall be filed in a manner to insure ready availabil-
ity.
(d) Duplicate copies of vehicle inspection station reports, re-
jection receipts, and requisitions shall be kept by the vehicle inspection
station for at least one year from the date of completion.
(e) All reports, requisitions, and other correspondence relative
to vehicle inspection shall be sent to the Texas Department of Public
Safety, Vehicle Inspection Records Bureau in[,] Austin.
(f) Certificates, out of state identification certificates and num-
ber inserts shall be kept locked at all times to prevent theft.
(g) Upon implementation of the Texas Automated Vehicle In-
spection System (TAVIS), inspection records will be transmitted to the
TAVIS database via the TAVIS interface device, or if non-operational,
the alternative TAVIS Interactive Voice Portal.
(1) Records transmitted to the TAVIS database shall be re-
tained in the system and constitute the record or log of the station's
reportable activities. The inspection station is not required to maintain
duplicate paper records of reportable inspections or transactions.
(2) Notwithstanding paragraph (1) of this subsection, any
records that are not incorporated in the TAVIS system, but continue to
be utilized will be retained in accordance with department instructions.
23.52. Vehicle Inspection Forms.
(a) Rejection receipt, Form VI-7, shall be executed in dupli-
cate by the certified inspector when a vehicle fails to conform to the
standards of safety. The original shall be given to the driver of the
rejected vehicle; duplicates shall be kept in the vehicle inspection sta-
tion's records.
(1) The owner or operator of the vehicle shall pay the in-
spection fee for each complete inspection conducted on a vehicle.
(A) An inspection certificate shall be issued for the ve-
hicle if it meets all inspection requirements.
(B) If the vehicle fails to meet inspection requirements,
the owner or operator of the rejected vehicle may:
(i) have the necessary repairs made on the vehicle by
the inspection station;
(ii) pay the required inspection fee, accept a rejec-
tion receipt showing all defects for which the vehicle was rejected, and
have the vehicle repaired at any place he chooses;
(iii) after required adjustments have been made, re-
turn the vehicle to the vehicle inspection station that issued the rejection
for one reinspection without charge, provided the vehicle is returned
within 15 days of the date of the initial inspection.
(C) If a vehicle inspection station cannot reinspect a ve-
hicle for which it has issued a rejection receipt, it will return the inspec-
tion fee to the owner or operator of the vehicle.PROPOSED RULES October 14, 2005 30 TexReg 6589
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Texas. Secretary of State. Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005, periodical, October 14, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97314/m1/88/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.