(a) In accordance with this section, the department
may deny an application for a certificate, revoke or suspend the certificate
of a person, vehicle inspection station, or inspector, place on probation,
or reprimand a person who holds a certificate.
(b) The department will administer penalties by the
category of the violation. The violations listed in this section are
not an exclusive list of violations. The department may assess penalties
for any violations of Texas Transportation Code, Chapter 548 (the
Act), or rules adopted by the department. The attached graphic summarizes
the violation categories and illustrates the method by which penalties
are enhanced for multiple violations.
Attached Graphic
(c) Violation categories are as follows:
(1) Category A.
(A) Issuing a vehicle inspection report without inspecting
one or more items of inspection.
(B) Issuing a vehicle inspection report without requiring
the owner or operator to furnish proof of financial responsibility
for the vehicle at the time of inspection.
(C) Issuing the wrong series or type of inspection
report for the vehicle presented for inspection.
(D) Refusing to inspect a vehicle without an objective
justifiable cause related to safety.
(E) Failure to properly safeguard inspection reports,
department issued forms, the electronic station interface device,
emissions analyzer access/identification card, and/or any personal
identification number (PIN).
(F) Failure to maintain required records.
(G) Failure to have at least one certified inspector
on duty during the posted hours of operations for the vehicle inspection
station.
(H) Failure to display the official department issued
vehicle inspection station sign, certificate of appointment, procedure
chart and other notices in a manner prescribed by the department.
(I) Failure to post hours of operation.
(J) Failure to maintain the required facility standards.
(K) Issuing a vehicle inspection report to a vehicle
with one failing item of inspection.
(L) Failing to enter information or entering incorrect
vehicle information into the electronic station interface device or
emissions analyzer resulting in the reporting of erroneous information
concerning the vehicle.
(M) Failure to conduct an inspection within the inspection
area approved by the department for each vehicle type.
(N) Failure of inspector of record to ensure complete
and proper inspection.
(O) Failure to enter an inspection into the approved
interface device at the time of the inspection.
(P) Conducting an inspection without the appropriate
and operational testing equipment.
(Q) Failure to perform a complete inspection and/or
issue a vehicle inspection report.
(R) Requiring repair or adjustment not required by
the Act, this chapter, or department regulation.
(2) Category B.
(A) Issuing a passing vehicle inspection report without
inspecting the vehicle.
(B) Issuing a passing vehicle inspection report to
a vehicle with multiple failing items of inspection.
(C) Refusing to allow owner to have repairs or adjustments
made at location of owner's choice.
(D) Allowing an uncertified person to perform, in whole
or in part, the inspection or rejection of a required item during
the inspection of a vehicle.
(E) Charging more than the statutory fee.
(F) Acting in a manner that could reasonably be expected
to cause confusion or misunderstanding on the part of an owner or
operator presenting a vehicle regarding the relationship between the
statutorily mandated inspection fee and a fee for any other service
or product offered by the vehicle inspection station.
(G) Failing to list and charge for any additional services
separately from the statutorily mandated inspection fee.
(H) Charging a fee, convenience fee or service charge
in affiliation or connection with the inspection, in a manner that
is false, misleading, deceptive or unauthorized.
(I) Inspector performing inspection while under the
influence of alcohol or drugs.
(J) Inspecting a vehicle at a location other than the
department approved inspection area.
(K) Altering a previously issued inspection report.
(L) Issuing a vehicle inspection report, while employed
as a fleet or government inspection station inspector, to an unauthorized
vehicle. Unauthorized vehicles include those not owned, leased or
under service contract to that entity, or personal vehicles of officers
and employees of the fleet or government inspection station or the
general public.
(M) Preparing or submitting to the department a false,
incorrect, incomplete or misleading form or report, or failing to
enter required data into the emissions testing analyzer or electronic
station interface device and transmitting that data as required by
the department.
(N) Issuing a passing vehicle inspection report without
inspecting multiple inspection items on the vehicle.
(O) Issuing a passing vehicle inspection report by
using the emissions analyzer access/identification card, the electronic
station interface device unique identifier, or the associated PIN
of another.
(P) Giving, sharing, lending or displaying an emissions
analyzer access/identification card, the electronic station interface
device unique identifier, or divulging the associated PIN to another.
(Q) Failure of inspector to enter all required data
pertaining to the inspection, including, but not limited to data entry
into the emissions testing analyzer, electronic station interface
device, vehicle inspection report or any other department required
form.
(R) Conducting multiple inspections outside the inspection
area approved by the department for each vehicle type.
(S) Issuing a passing vehicle inspection report in
violation of Texas Transportation Code, §548.104(d).
(T) Vehicle inspection station owner, operator or manager
directing a state certified inspector under his employ or supervision
to issue a vehicle inspection report when in violation of this chapter,
department regulations, or the Act.
(U) Vehicle inspection station owner, operator, or
manager having knowledge of a state certified inspector under the
owner's employ or supervision issuing a passing vehicle inspection
report in violation of this chapter, department regulations, or the
Act.
(V) Issuing a safety only inspection report to a vehicle
required to undergo a safety and emissions inspection without requiring
a signed and legible affidavit, approved by the department, from the
owner or operator of the vehicle, in a non emissions county.
(W) Disclosing or selling information collected in
relation to a vehicle inspection about a unique customer or a unique
vehicle owner, to a person other than the department or the person
who is the subject of the information, including a customer or vehicle
owner's name, address, or phone number.
(3) Category C.
(A) Issuing more than one vehicle inspection report
without inspecting the vehicles.
(B) Issuing a passing vehicle inspection report to
multiple vehicles with multiple failing items of inspection.
(C) Multiple instances of issuing a passing vehicle
inspection report to vehicles with multiple defects.
(D) Emissions testing the exhaust or electronic connector
of one vehicle, or using an electronic device to simulate or emulate
a vehicle, for the purpose of enabling another vehicle to pass the
emissions test (clean piping or clean scanning), or allowing a certified
inspector or other individual under the person's employment or supervision
to emissions test the exhaust or electronic connector of one vehicle,
or use an electronic device that simulates or emulates a vehicle,
for the purpose of enabling another vehicle to pass the emissions
test (clean piping or clean scanning).
(E) Issuing a passing vehicle inspection report to
a vehicle with multiple emissions related violations or violations
on more than one vehicle.
(F) Allowing a person whose certificate has been suspended
or revoked to participate in a vehicle inspection, issue a vehicle
inspection report or participate in the regulated operations of the
vehicle inspection station.
(G) Charging more than the statutory fee in addition
to not inspecting the vehicle.
(H) Misrepresenting a material fact in any application
to the department or any other information filed pursuant to the Act
or this chapter.
Cont'd... |