Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter F - VIOLATIONS AND ADMINISTRATIVE PENALTIES › Section 23.62 - Violations and Penalty Schedule

Current through Reg. 49, No. 28; July 12, 2024
(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.