MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Simmons (13th)
AN ACT TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO CERTIFY INSPECTION STATIONS FOR THE INSPECTION OF COMMERCIAL VEHICLES; TO AUTHORIZE THE DEPARTMENT TO CERTIFY A VEHICLE MAINTENANCE FACILITY OWNED AND OPERATED BY A POLITICAL SUBDIVISION OR AGENCY OF THIS STATE AS AN INSPECTION STATION; TO SPECIFY WHICH VEHICLES TO WHICH THIS INSPECTION PROGRAM APPLIES; TO AUTHORIZE THE DEPARTMENT TO PROVIDE SERIALLY NUMBERED INSPECTION CERTIFICATES AND VERIFICATION FORMS TO THE INSPECTION STATIONS; TO IMPOSE CERTAIN REQUIREMENTS ON INSPECTORS OR OWNERS OF INSPECTION STATIONS; TO ESTABLISH APPLICATION REQUIREMENTS FOR AN INSPECTION STATION; TO ESTABLISH APPLICATION REQUIREMENTS FOR AN INSPECTOR; TO PROVIDE THE FEE CHARGED FOR INSPECTIONS UNDER THIS ACT; TO PROVIDE THE FEE CHARGED FOR CERTIFICATION AS AN INSPECTOR; TO PROVIDE THE FEE CHARGED FOR CERTIFICATION AS AN INSPECTION STATION; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Department of Public Safety, hereinafter "the department," may certify inspection stations to carry out this act and may instruct and supervise the inspection stations and mechanics for the inspection of the commercial vehicles and equipment subject to this act.
SECTION 2. (1) The department may certify a vehicle maintenance facility owned and operated by a political subdivision or agency of this state as an inspection station.
(2) An inspection station certified under this section is subject to the requirements of this act applicable to another inspection station, except as otherwise provided by this act.
(3) Such facility may inspect only a vehicle owned by the political subdivision or state agency. An officer, employee or inspector of the subdivision or agency may not place an inspection certificate received from the department under this section on a vehicle not owned by the subdivision or agency.
SECTION 3. Except as otherwise provided in this section, a compulsory inspection under this act may be made only by an inspection station, except that the department may:
(a) Permit inspection to be made by an inspector under terms and conditions the department prescribes;
(b) Authorize the acceptance in this state of a certificate of inspection and approval issued in another state having a similar inspection law; and
(c) Authorize the acceptance in this state of a certificate of inspection and approval issued in compliance with 49 CFR 396 and if accepted the inspection fee authorized in this act shall be waived.
(2) The owner of twenty-five (25) or more commercial vehicles registered in this state that are required to be inspected under this act may utilize the periodic inspection required under 49 CFR 396.17 in lieu of the inspection required under this act; however, such owner shall pay the fees required in Sections 21 and 22 of this act and the cost of inspection certificates.
SECTION 4. (1) The department may establish an inspection program for commercial motor vehicles that:
(a) Meets the requirements of federal motor carrier safety regulations; and
(b) Requires a commercial motor vehicle registered in this state or a commercial motor vehicle that is domiciled in this state for more than thirty (30) days to pass an annual inspection of all safety equipment required by the federal motor carrier safety regulations.
(2) A program under this section also applies to any:
(a) Vehicle or combination of vehicles with a gross weight rating of more than ten thousand (10,000) pounds that is operated in interstate commerce and registered in this state;
(b) Any vehicle or combination of vehicles, that have a manufacturer's weight rating (GCWR) over twenty-six thousand (26,000) pounds;
(c) Motor coach or bus, as defined in the applicable federal regulations, that has a gross weight, registered weight or gross weight rating of more than twenty-six thousand (26,000) pounds, or is designed to transport more than fifteen (15) passengers, including the driver; and
(d) Vehicle or combination transporting placardable quantities of hazardous material.
SECTION 5. The department shall provide serially numbered inspection certificates and verification forms to inspection stations. The department may issue a unique inspection certificate for a commercial motor vehicle inspected under this act.
SECTION 6. On being licensed, an inspector or owner of an inspection station shall:
(a) Provide for the safekeeping of inspection certificates and verification forms;
(b) Safeguard the certificates and forms against theft, loss or damage;
(c) Control the sequence of issuance of the certificates and forms; and
(d) Ensure that the certificates and forms are issued in accordance with department rules.
SECTION 7. An inspection station or inspector, on issuing an inspection certificate and verification form, shall:
(a) Make a record and report as prescribed by the department of the inspection and certificate issued; and
(b) Include in the inspection certificate and verification form the information required by the department for the type of vehicle inspected.
SECTION 8. An inspection certificate is invalid after the end of the twelfth month following the month in which the certificate is issued. An unused inspection certificate representing a previous inspection period may not be issued after the beginning of the next period.
SECTION 9. If an inspection certificate is lost, stolen or destroyed during the period during which the certificate is valid, the vehicle must be reinspected, and any applicable fee paid before a new certificate is issued.
SECTION 10. A person may perform an inspection or issue an inspection certificate only if certified to do so by the department under rules adopted by the department.
SECTION 11. (1) To operate as an inspection station, a person must apply to the department for certification. The application must:
(a) Be filed with the department on a form prescribed and provided by the department;
(b) State:
(i) The name of the applicant;
(ii) If the applicant is an association, the names and addresses of the persons constituting the association;
(iii) If the applicant is a corporation, the names and addresses of its principal officers;
(iv) The name under which the applicant transacts or intends to transact business;
(v) The location of the applicant's place of business in the state; and
(vi) Other information required by the department, including information required by the department for identification; and
(c) The application must be signed and sworn or affirmed by:
(i) If the applicant is an individual, the owner; or
(ii) If the applicant is a corporation, an executive officer or person specifically authorized by the corporation to sign the application, to which shall be attached written evidence of the person's authority.
(2) An applicant who has or intends to have more than one (1) place of business in this state must file a separate application for each place of business.
SECTION 12. (1) The department may approve an application for certification as an inspection station only if:
(a) The location complies with department requirements; and
(b) The applicant complies with department rules.
(2) On approval of an application, the department shall issue to the applicant an inspection station certificate. The certificate is valid for each person in whose name the certificate is issued and for the transaction of business at the location designated in the certificate. A certificate is not assignable.
(3) An inspection station certificate shall be conspicuously displayed at the station for which the certificate was issued.
SECTION 13. (1) A member, employee or agent of the department may enter an inspection station during normal business hours to conduct an investigation, inspection or audit of the inspection station or inspector to determine whether the inspection station or inspector is in compliance with:
(a) This act; or
(b) Department rules under this act.
(2) A member, employee, or agent of the department who enters an inspection station for a purpose described by subsection (1) of this section:
(a) Shall notify the manager or person in charge of the inspection station of the presence of the member, employee or agent;
(b) Shall present the manager or person in charge of the inspection station with the proper credentials identifying the member, employee or agent as a member, employee or agent of the department; and
(c) Is entitled to have access to inspection records and any inspection station certificate or inspector certificate.
(3) A member, employee, or agent of the department who enters an inspection station to conduct an investigation, inspection, or audit under subsection (1) of this section must observe the inspection station's rules relating to safety, security and fire protection.
(4) Subsection (2) of this section does not prohibit the department from conducting an undercover investigation or a covert audit of an inspection station.
SECTION 14. An application for certification as an inspector shall:
(a) Be made on a form prescribed and provided by the department; and
(b) State:
(i) The name of the applicant;
(ii) The address of the applicant's residence and place of employment;
(iii) The applicant's driver's license number; and
(iv) Other information required by the department.
SECTION 15. (1) The department may deny a person's application for a certificate; revoke or suspend the certificate of a person, inspection station or inspector; place on probation a person who holds a suspended certificate; or reprimand a person who holds a certificate if:
(a) The station or inspector conducts an inspection, fails to conduct an inspection or issues a certificate:
(i) In violation of this act or a rule adopted under this act;
(ii) Without complying with the requirements of this act or a rule adopted under this act;
(b) The person, station, or inspector commits an offense under this act or violates this act or a rule adopted under this act;
(c) The applicant or certificate holder does not meet the standards for certification under this act or a rule adopted under this act;
(d) The station or inspector does not maintain the qualifications for certification or does not comply with a certification requirement under this act;
(e) The certificate holder or the certificate holder's agent, employee, or representative commits an act or omission that would cause denial, revocation, or suspension of a certificate to an individual applicant or certificate holder;
(f) The station or inspector does not pay a fee required by this act; or
(g) The inspector or owner of an inspection station is convicted of a:
(i) Felony or misdemeanor;
(ii) Similar crime under the jurisdiction of another state or the federal government that is punishable to the same extent as a felony or a misdemeanor in this state; or
(iii) Crime under the jurisdiction of another state or the federal government that would be a felony or a misdemeanor if the crime was committed in this state.
(2) For purposes of subsection (1)(g) of this section, a person is convicted of an offense if a court enters against the person an adjudication of the person's guilt, including an order of probation or deferred adjudication.
(3) If the department suspends a certificate because of a violation of this act, the suspension must be for a period of not less than six (6) months and the department may assess an administrative fine in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00); however, if a person has been convicted of a third offense under Section 26 of this act the certificate shall be suspended indefinitely. A suspension may not be probated or deferred.
(4) Until an inspector or inspection station whose certificate is suspended or revoked receives a new certificate, has the certificate reinstated or has the suspension expire, the inspector or station may not be directly or indirectly involved in an inspection operation.
(5) An immediate family member of an inspector or owner of an inspection station whose certificate is suspended or revoked may not be granted a certificate under this act if the location of the family member's place of business is the same as that of the inspector or owner whose certificate is suspended or revoked unless the family member proves that the inspector or owner whose certificate is suspended or revoked has no involvement with the family member's place of business.
(6) Subsection (1) of this section applies to:
(a) Each member of a partnership or association issued a certificate under this act;
(b) Each Commissioner of Public Safety or officer of a corporation issued a certificate under this act; and
(c) A shareholder who receives compensation from the day-to-day operation of the corporation in the form of a salary.
(7) The department may not suspend, revoke, or deny all certificates of a person who holds more than one (1) inspection station certificate based on a suspension, revocation, or denial of one (1) of that person's inspection station certificates without proof of culpability related to a prior action under this section.
(8) If the department implements the program authorized under this act, it must first develop a penalty schedule consisting of warnings, re-education, suspensions and revocations based on the severity and frequency of offenses committed under the Mississippi Rules of the Road and rules adopted by the department under this act.
SECTION 16. The Commissioner of Public Safety may require the holder of a suspended certificate who is placed on probation to report regularly to the department on a matter that is the basis of the probation.
SECTION 17. (1) Before an application for certification as an inspection station or inspector is denied, the Commissioner of Public Safety or a person the Commissioner of Public Safety designates shall give the person written notification of:
(a) The proposed denial;
(b) Each reason for the proposed denial;
and
(c) The person's right to an administrative hearing to determine whether the evidence warrants the denial.
(2) Before a certificate of appointment as an inspector or inspection station is revoked or suspended, the Commissioner of Public Safety or a person the Commissioner of Public Safety designates shall give written notification to the inspector or inspection station of the revocation or the period of suspension. The notice shall include:
(a) The effective date of the revocation or the period of the suspension, as applicable;
(b) Each reason for the revocation or suspension;
(c) The amount of the administrative fine proposed to be levied; and
(d) A statement explaining the person's right to an administrative hearing to determine whether the evidence warrants the revocation or suspension and imposition of an administrative fine.
(3) Notice under subsection (1) or (2) of this section must be made by personal delivery or by mail to the last address given to the department by the person.
(4) The department may provide that a revocation or suspension take effect on receipt of notice under subsection (2) of this section if the department finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare. Violations that present a threat to public health, safety, or welfare include:
(a) Issuing an inspection certificate with knowledge that the issuance is in violation of this act or rules adopted under this act;
(b) Falsely or fraudulently representing to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(c) Issuing an inspection certificate:
(i) Without authorization to issue the certificate; or
(ii) Without inspecting the vehicle;
(d) Issuing an inspection certificate for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary;
(e) Knowingly issuing an inspection certificate:
(i) For a vehicle without conducting an inspection of each item required to be inspected; or
(ii) For a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with state law or department rules;
(f) Refusing to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(g) Charging for an inspection an amount greater than the authorized fee;
(h) A violation of this act; or
(i) A conviction of a felony or a misdemeanor that directly relates to or affects the duties or responsibilities of a vehicle inspection station or inspector or a conviction of a similar crime under the jurisdiction of another state or the federal government.
(5) For the purpose of subsection (4)(i) of this section, a person is convicted of an offense if a court enters against the person an adjudication of the person's guilt, including an order of probation or deferred adjudication.
(6) To obtain an administrative hearing on a denial, suspension, or revocation under this section, a person must submit a written request for a hearing to the Commissioner of Public Safety not later than the twentieth day after the date notice is delivered personally or is mailed.
(7) If the Commissioner of Public Safety receives a timely request under subsection (6) of this section, the Commissioner of Public Safety shall provide the person with an opportunity for a hearing as soon as practicable. A hearing on a revocation or suspension under subsection (4) of this section that takes effect on receipt of the notice must be held not later than fourteen (14) days after the department receives the request for hearing. The revocation or suspension continues in effect until the hearing is completed if the hearing is continued beyond the 14-day period:
(a) At the request of the inspector or inspection station; or
(b) On a finding of good cause by a judge, administrative law judge, or hearing officer.
(8) If the Commissioner of Public Safety does not receive a timely request under subsection (6) of this section, the Commissioner of Public Safety may deny the application, revoke or suspend a certificate, or sustain the revocation or suspension of a certificate and impose an administrative fine without a hearing.
(9) Except as provided by subsection (7) of this section, the hearing must be held not earlier than the eleventh day after the date written notice of the hearing and a copy of the charges is given to the person by personal service or by certified mail to the last address given to the department by the person.
(10) The Commissioner of Public Safety or a person designated by the Commissioner of Public Safety shall conduct the hearing and may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, or documents. If the hearing is conducted by a person designated by the Commissioner of Public Safety, the Commissioner of Public Safety may take action under this section on a recommendation of the designated person.
(11) On the basis of the evidence submitted at the hearing, the Commissioner of Public Safety may deny the application or revoke or suspend the certificate and impose an administrative fine.
(12) If an administrative law judge or the State Office of Administrative Hearings conducts a hearing under this section and the proposal for decision supports the position of the department, the proposal for decision may recommend a denial of an application or a revocation or suspension or a certificate only. The proposal may not recommend a reprimand or a probated or otherwise deferred disposition of the denial, revocation, or suspension. If the administrative law judge makes a proposal for a decision to deny an application or to suspend or revoke a certificate, the administrative law judge shall include in the proposal the amount of the administrative fine and a finding of the costs, fees, expenses, and reasonable and necessary attorney's fees the state incurred in bringing the proceeding. The Commissioner of Public Safety may adopt the amount of the administrative fine and the finding for costs, fees, and expenses and make the fine and finding a part of the final order entered in the proceeding. Proceeds collected from the administrative fine and a finding made under this subsection shall be paid to the Department of Public Safety.
SECTION 18. (1) A person dissatisfied with the final decision of the Commissioner of Public Safety may appeal the decision by filing a petition.
(2) The district or county attorney or the Attorney General shall represent the Commissioner of Public Safety in the appeal, except that an attorney who is a full-time employee of the department may represent the Commissioner of Public Safety in the appeal with the approval of the Attorney General or Commissioner of Public Safety.
(3) The court in which the appeal is filed shall:
(a) Set the matter for hearing after ten (10) days written notice to the Commissioner of Public Safety and the attorney representing the Commissioner of Public Safety; and
(b) Determine whether an enforcement action of the Commissioner of Public Safety shall be suspended pending hearing and enter an order for the suspension.
(4) The court order takes effect when served on the Commissioner of Public Safety.
(5) The Commissioner of Public Safety shall provide a copy of the petition and court order to the attorney representing the Commissioner of Public Safety.
(6) A stay under this section may not be effective for more than ninety (90) days after the date the petition for appeal is filed. On the expiration of the stay, the Commissioner of Public Safety's enforcement action shall be reinstated or imposed. The department or court may not extend the stay or grant an additional stay.
(7) Judicial review of the final decision of the Commissioner of Public Safety is under the substantial evidence rule.
SECTION 19. (1) If the department implements the program authorized under this act, it shall adopt rules regarding the efficient handling and investigation of complaints by citizens, applicants, inspectors, and inspection stations against an employee or agent of the department who may investigate the compliance of an inspection station or inspector regarding this act or rules adopted under this act.
(2) The rule must provide for a fair, expeditious, and equitable investigation and resolution to complaints received by the department.
SECTION 20. (1) The fee for inspection of a commercial motor vehicle under the program established under Section 4 of this act is:
(a) One Hundred Dollars ($100.00) for inspection of a tractor or short truck;
(b) Seventy-five Dollars ($75.00) for inspection of a trailer; and
(c) Fifty Dollar ($50.00) for inspection of a dolly.
(2) (a) The inspection station shall pay to the department:
(i) Fifty Dollars ($50.00) of each fee for inspection of a tractor or short truck;
(ii) Thirty-seven Dollars and Fifty Cents ($37.50) of each fee for inspection of a trailer; and
(iii) Twenty-five Dollars ($25.00) of each fee for inspection of a dolly.
(b) The department may require the station to make advance payments for certificates to be issued under this section. If advance payment is made:
(i) No additional payment may be required of the station for the certificate; and
(ii) A refund for an unissued certificate shall be made in the same manner as provided for other certificate refunds.
(3) The fees required by this subsection shall be for each unit inspected (tractor, short truck, trailer or dolly).
SECTION 21. An applicant for certification as an inspector must submit with the applicant's first application a fee of Fifty Dollars ($50.00) for certification until August 31 of the even-number year following the date of certification. To be certified after August 31 of that year, the applicant must pay Fifty Dollars ($50.00) as a certificate fee for each subsequent two-year period.
SECTION 22. When an applicant for certification as an inspection station is notified that the application will be approved, the applicant shall pay a fee of One Hundred Dollars ($100.00) for a certificate until August 31 of the odd-number year after the date of appointment. To be certified after August 31 of that year, the applicant must pay a fee of One Hundred Dollars ($100.00) for certification for each subsequent two-year period.
SECTION 23. Each fee collected by the department under this act shall be collected by the Department of Public Safety and a portion of each fee shall be credited to the following programs or funds in the following amounts:
(a) CMV Inspection Program........................ 30%
(b) Motor Carrier Division of Mississippi Highway Safety Patrol................................................ 20%
(c) Office of Enforcement of the Mississippi Department of Transportation............................................ 20%
(d) Department of Public Safety Administrative Fund......................................................... 15%
(e) State General Fund............................ 15%
SECTION 24. (1) A person, including an inspector or an inspection station, commits an offense if the person:
(a) Issues an inspection certificate with knowledge that the issuance is in violation of this act or rules adopted under this act;
(b) Falsely or fraudulently represents to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(c) Misrepresents:
(i) Material information in an application required under this act; or
(ii) Information filed with the department under this act or as required by department rule;
(d) Issues an inspection certificate:
(i) Without authorization to issue the certificate; or
(ii) Without inspecting the vehicle;
(e) Issues an inspection certificate for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary:
(f) Knowingly issues an inspection certificate;
(i) For a vehicle without conducting an inspection of each item required to be inspected; or
(ii) For a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with the state law or department rules;
(g) Refuse to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(h) Charges for an inspection an amount greater than the authorized fee; or
(i) Performs an act prohibited by or fails to perform an act required by this act or a rule adopted under this act.
(2) Unless otherwise specified in this act, an offense under this section is a misdemeanor.
(3) A designated representative of the department may issue a notice of an offense or a notice to appear to a person, including an inspector or inspection station, who violates this act or a rule adopted under this act.
SECTION 25. (1) A person commits an offense if the person:
(a) Displays or causes or permits to be displayed an inspection certificate or insurance document knowing that the certificate or document is counterfeit, tampered with, altered, fictitious, issued for another vehicle, or issued in violation of:
(i) This act, rules adopted under this act, or other law of this state; or
(ii) A law of another state, the United States, the United Mexican States, a state of the United Mexican States, Canada, or a province of Canada;
(b) Transfers an inspection certificate from a windshield or location to another windshield or location.
(2) A person commits an offense if the person:
(a) Makes or possesses, with the intent to sell, circulate, or pass, a counterfeit inspection certificate or insurance document; or
(b) Possesses any part of a stamp, dye, plate, negative, machine, or other device that is used or designated for use in making a counterfeit inspection certificate or insurance document.
(3) The owner of a vehicle commits an offense if the owner knowingly allows the vehicle to be registered or operated while the vehicle displays an inspection certificate in violation of subsection (1) of this section.
(4) A person who commits an offense under subsection (1) or (3) of this section shall be guilty of a misdemeanor. A person who commits an offense under subsection (2) of this section is guilty of a felony and, upon conviction, shall be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment for not more than three (3) years, or both.
(5) In this section:
(a) "Counterfeit" means an imitation of a document that is printed, engraved, copied, photographed, forged, or manufactured by a person not authorized to take that action under:
(i) This act, rules adopted under this act, or other law of this state; or
(ii) A law of another state, the United States, the United Mexican States, a State of the United Mexican States, Canada, or a province of Canada.
(b) "Inspection certificate" means a document that is printed, manufactured, or made by the department or an authorized agent of the department for issuance after a vehicle passes an inspection performed under this act.
(c) "Insurance document" means a standard proof of motor vehicle insurance coverage that is:
(i) In a form prescribed by the Mississippi Insurance Department or by a similarly authorized board, agency, or authority of another state; and
(ii) Issued by an insurer or insurer's agent who is authorized to write motor vehicle insurance coverage.
(d) "Person" includes an inspection station or inspector.
(6) Notwithstanding subsection (3) of this section, an offense under subsection (1)(a) of this section that involves a fictitious inspection certificate is a misdemeanor.
SECTION 26. (1) A person commits an offense if the person operates or moves a motor vehicle, trailer, semitrailer, pole trailer, straight truck, or mobile home, or a combination of those vehicles, that is:
(a) Equipped in violation of this act or a rule adopted under this act; or
(b) In a mechanical condition that endangers a person, including the operator or an occupant, or property.
(2) A person who commits an offense under this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00) for a first offense, One Thousand Dollars ($1,000.00) for a second offence and One Thousand Five Hundred Dollars ($1,500.00) for a third or subsequent offense.
SECTION 27. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation under Section 26 of this act, an assessment equal to fifty percent (50%) of the fine imposed under Section 26 of this act to be distributed in the manner provided for in Section 23 of this act.
SECTION 28. This act shall take effect and be in force from and after July 1, 2016.