TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 448 OFFICIAL TESTING STATIONS
SECTION 448.80 GENERAL RESPONSIBILITY OF STATION OWNER
Section 448.80 General Responsibility of Station Owner
a) The owners shall require all Certificated Safety Testers to comply with all rules and regulations as stated in the Rules, as amended. The owner shall also be strictly responsible for all safety test practices and procedures in the testing station, including, but not limited to, any certified or non-certified personnel allowed either directly or indirectly to perform vehicle safety tests while in the employ, direction and/or control of the owner. The owner is responsible for all safety test practices and procedures in the Station, regardless of whether the owner has knowledge and/or approves of such practices and procedures.
b) The owner be required to submit to the Section a schedule of all rates and charges made by him for performing any adjustments, corrections, or repairs required by a safety test. Nothing in this chapter shall be construed to mean that any adjustment, correction or repair must be made at the station performing the safety test.
c) It shall be the owner's responsibility to notify this Section immediately of any change in ownership, business name, or location. Any such change automatically cancels the existing permit. (See also Section 448.70(u)).
d) It shall be the owner's responsibility to immediately notify the Section when neither he nor any of his employees is eligible to test vehicles. Failure to have at least one employee who is a Certified Safety Tester automatically suspends the Official Testing Station Permit until such time as the owner and/or an employee becomes certified. The owner shall immediately notify the Section of the lane closure and subsequent reopening.
e) It shall be the owner's responsibility to notify the Section and/or the Inspector at least 10 days prior to any voluntary lane closing. (Example: vacations, equipment maintenance, repairs, etc.) Equipment malfunctions should be reported immediately to the Section and/or the Inspector. Reopening the lane following voluntary closure for equipment repairs must be approved by the Inspector.
f) It shall be the owner's responsibility to change the Rules and Regulations immediately upon receipt of any addition, deletion, and/or other notification of change issued by the Department. The complete, current Rules and Regulations shall be kept in the lane area and be available to all Certified Safety Testers at all times.
g) It shall be the responsibility of the owner to bring to the attention of all employees who work with any part of the testing lane operation any material disseminated by the Section, including, but not limited to, changes, additions, and deletions to the Rules (See Section 448.60(f)), and notification of disciplinary actions.
h) It shall be the responsibility of the owner to maintain a sufficient supply of all forms needed in the operation of the Official Testing Station. These forms may be obtained from the Department by submitting an order form (SVI-1274). It will also be the owner's responsibility to ensure his employees utilize the proper forms, accurately complete all forms and reports, and submit reports to the Department as set forth in the Rules.
i) It will be the owner's responsibility to keep on hand sufficient number of Certificates of Safety to issue to rejected vehicles returning for retest. If the Station does not have Certificates on hand, the test fee must be refunded to the vehicle owner.
j) The owner shall be held responsible for accurate safety tests, for maintaining the equipment in proper calibration and working order, and for maintaining the station and lane(s) in proper condition as required in these Rules.
k) It shall be the owner's responsibility to notify this Section immediately of any change in equipment, regardless of whether the lane's classification is affected.
l) If, as the result of an Administrative Hearing, an Official Testing Station Permit is suspended, performance of any and all vehicle inspection activities shall be prohibited for the duration of the suspension. It shall be the owner's responsibility to surrender the Lane Permit, Certificates of Safety, and other related supplies requested to authorized personnel of the Department on the date the suspension begins. The owner shall also be responsible for making certain all employees honor the terms of the suspension. Should a rejected vehicle return for a retest, the original test fee charged must be refunded to the vehicle owner to enable him to secure a test at another Official Testing Station.