|(a) All items of inspection enumerated in this section
shall be required to be inspected in accordance with the Texas Transportation
Code, Chapter 547, any other applicable state or federal law, and
department or federal regulation as provided in the DPS Training and
Operations Manual prior to the issuance of a vehicle inspection report.
(b) All items must be inspected in accordance with
the attached inspection procedures. (The figure in this section reflects
excerpts from the DPS Training and Operations Manual, Chapter 4.)
(c) A vehicle inspection report may not be issued for
a vehicle equipped with a compressed natural gas (CNG) fuel system
unless the vehicle inspector can confirm in a manner provided by subsection
(d) of this section that:
(1) the CNG fuel container meets the requirements of
Code of Federal Regulations, Title 49, §571.304; and
(2) the CNG fuel container has not exceeded the expiration
date provided on the container's label.
(d) The requirements of subsection (c) of this section
may be confirmed by any appropriate combination of the items detailed
in paragraphs (1) - (3) of this subsection:
(1) Observation of Container Label. The vehicle inspector
may confirm the requirement of subsection (c)(2) of this section through
direct observation of the expiration date on the container;
(2) Observation of Label at Fueling Connection Receptacle.
The vehicle inspector may confirm through direct observation of a
label affixed to the vehicle by the original equipment manufacturer
or by a certified installer or inspector of CNG systems (as defined
in subsection (g) of this section) reflecting that the requirements
of subsection (c)(1) or (c)(2) of this section are satisfied; or
(3) Documentation. The vehicle owner may furnish to
the vehicle inspector documentation provided by the original vehicle
equipment manufacturer or by a certified installer or inspector of
CNG systems (as defined in subsection (g) of this section) reflecting
that either or both requirements of subsection (c)(1) and (c)(2) of
this section are satisfied.
(e) The owner or operator of a fleet vehicle may, as
an alternative to the requirements of subsection (c) of this section,
provide proof in the form of a written statement or report issued
by the owner or operator that the vehicle is a fleet vehicle for which
the fleet operator employs a certified installer or inspector of CNG
systems (as defined in subsection (g) of this section).
(f) A copy of the written statement or report provided
to the vehicle inspector under subsections (d)(3) or (e) of this section
must be maintained in the vehicle inspection station's files for a
period of one year from the date of the inspection and made available
to the department on request.
(g) Certified installer or inspector of CNG systems:
For purposes of this section, a certified installer or inspector of
CNG systems is a person licensed by the Railroad Commission of Texas
under 16 TAC §13.61.
(h) An inspection station or inspector, on completion
of an inspection, shall electronically submit to the department's
inspection database the vehicle identification number of the inspected
vehicle, an indication of whether the vehicle passed the inspections
required by the Act and this Chapter, and the odometer reading of
(i) An automated motor vehicle, as defined by Transportation
Code, §545.451, that is incapable of operation by a human operator
present in the vehicle is exempt from the inspection requirements
relating to the steering system, including power steering; high beam
indicator; mirrors; windshield wipers; sun screening devices; or front
seatbelts unless seat belt anchorages were part of the manufacturer's
(j) A motor vehicle that uses electricity as its only
source of motor power and that is not equipped with an internal combustion
engine is exempt from the inspection requirements relating to the
exhaust system, fuel tank cap, and emissions control equipment.
|Source Note: The provisions of this §23.41 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective November 9, 2014, 39 TexReg 8596; amended to be effective March 5, 2015, 40 TexReg 938; amended to be effective November 6, 2016, 41 TexReg 8625; amended to be effective November 2, 2017, 42 TexReg 6031; amended to be effective January 3, 2019, 43 TexReg 8634; amended to be effective January 10, 2022, 47 TexReg 30