307.360. Permits and instructions furnished by superintendent--items to be inspected--inspection stations, permit fee, permit renewal--application contents--mechanic's examination--revocation of p - Missouri Statutes

Permits and instructions furnished by superintendent--items to beinspected--inspection stations, permit fee, permitrenewal--application contents--mechanic's examination--revocationof permits, hearing on.

307.360. 1. The superintendent of the Missouri state highway patrolshall issue permits and written instructions to official inspectionstations and shall furnish forms and certificates for the inspection ofbrakes, lighting equipment, signaling devices, steering mechanisms, horns,mirrors, windshield wipers, tires, wheels, exhaust system, glazing, airpollution control devices, fuel system, and any other safety equipmentrequired by the state. In no instance will road testing of a vehicle beconsidered a part of the inspection procedure.

2. The superintendent of the Missouri state highway patrol shallprescribe the standards and equipment necessary for an official inspectionstation and the qualifications for persons who conduct the inspections, andno applicant may be approved to operate an official inspection stationuntil the applicant meets the standards and has the required equipment andqualified inspectors as prescribed. The superintendent of the Missouristate highway patrol shall establish standards and procedures to befollowed in the making of inspections required by sections 307.350 to307.390 and shall prescribe rules and regulations for the operation of thestations.

3. (1) The application for permit as an official inspection stationshall be made to the superintendent of the Missouri state highway patrol ona form furnished by the superintendent. The fee for a permit to operate anofficial inspection station shall be ten dollars per year and each permitshall be renewed annually on the date of issue. All fees shall be payableto the director of revenue and shall be deposited by him in the statetreasury to the credit of the state highway fund.

(2) The application shall set forth the name under which applicanttransacts or intends to transact business, the location of the applicant'splace of business and such other information as the superintendent of theMissouri state highway patrol may require. If the applicant has or intendsto have more than one place of business within the state, a separateapplication shall be made for each place of business. If the applicant isa partnership, the application shall set forth the names of the partners;if a corporation, the names of the officers shall be shown. Theapplication shall be signed and verified by oath or affirmation of theowner or an authorized officer or partner.

(3) Each location which fulfills the superintendent of the Missouristate highway patrol's requirements and whose owners, proprietors andemployees comply with the superintendent's regulations and qualificationsshall be designated as an official inspection station and the applicantissued a certificate. The superintendent of the Missouri state highwaypatrol shall investigate all applicants for inspection station permits todetermine whether or not the premises, equipment and personnel meet therequirements prescribed by him.

(4) Any automobile mechanic who has had at least one year ofpractical experience as an automotive mechanic or any person who hassuccessfully completed a course of vocational instruction in automotivemechanics from a generally recognized educational institution, eitherpublic or private, and who has demonstrated the knowledge and ability toconduct an inspection in compliance with the regulations established by thesuperintendent of the Missouri state highway patrol may be issued a permitto conduct inspections at any official inspection station. No personwithout a valid permit shall conduct any part of an inspection, except aperson without a valid permit may assist in the inspection of a vehicle byoperating the vehicle's lighting equipment and signaling devices. Thesuperintendent of the Missouri state highway patrol may require a mechanicto be reexamined at any time to determine the mechanic's knowledge andability to conduct an inspection. If the mechanic fails the reexaminationor refuses to be reexamined, the permit issued to the mechanic shall besuspended until the mechanic passes the examination but under nocircumstances can the mechanic again be tested until a period of thirtydays has elapsed. No fee shall be charged for the permit and the permitshall remain valid for a period of three years from the date of issue oruntil suspended or revoked by the superintendent of the Missouri statehighway patrol.

(5) The superintendent of the Missouri state highway patrol may issuea private official inspection station permit to any association, person,partnership, corporation and/or subsidiary corporation, and governmentalentity having registered or titled in his, her or its name in this stateone or more vehicles of the type required to be inspected by section307.350, or who maintains such vehicles under a written maintenanceagreement of at least one year's duration and who maintains approvedinspection facilities and has qualified personnel; but separate permitsmust be obtained for separate facilities of the same association, person,partnership, corporation and/or subsidiary corporation, or governmentalentity. Such private stations shall inspect only vehicles registered or tobe registered, titled or to be titled or maintained in the name of theperson or organization described on the application for permit. No feeshall be charged for a permit issued to a governmental entity.

4. (1) The superintendent of the Missouri state highway patrol shallsupervise and cause inspections to be made of the official inspectionstations and inspecting personnel and if the superintendent finds that theprovisions of sections 307.350 to 307.390 or the regulations issuedpursuant to sections 307.350 to 307.390 are not being complied with, orthat the business of an official inspection station, in connection withcorrections, adjustments, repairs or inspection of vehicles is beingimproperly conducted, the superintendent shall suspend or revoke the permitof the station for a period of not less than thirty days or more than oneyear and require the immediate surrender and return of the permit, togetherwith all official forms and certificates of inspection and approval. Ifthe superintendent finds that an inspector has violated any of theprovisions of sections 307.350 to 307.390 or the regulations issuedpursuant to sections 307.350 to 307.390, the superintendent shall suspendor revoke the inspector's permit for a period of not less than thirty daysnor more than one year. If a station operator or if an inspector violatesany of the provisions of sections 307.350 to 307.390, he or she is subjectto prosecution as provided in section 307.390.

(2) The suspension or revocation of a station permit or of aninspector's permit shall be in writing to the operator, inspector, or theperson in charge of the station. Before suspending or revoking either ofthe permits, the superintendent shall serve notice in writing by certifiedmail or by personal service to the permittee at the permittee's address ofrecord giving the permittee the opportunity to appear in the office of thesuperintendent on a stated date, not less than ten nor more than thirtydays after the mailing or service of the notice, for a hearing to showcause why the permittee's permit should not be suspended or revoked. Aninspection station owner or an inspector may appear in person or by counselin the office of the superintendent to show cause why the proposedsuspension or revocation is in error, or to present any other facts ortestimony that would bear on the final decision of the superintendent. Ifthe permittee or the permittee's agent does not appear on the stated dayafter receipt of notice, it shall be presumed that the permittee admits theallegations of fact contained in the hearing notification letter. Thedecision of the superintendent may in such case be based upon the writtenreports submitted by the superintendent's officers. The order of thesuperintendent, specifying his findings of fact and conclusions of law,shall be considered final immediately after receipt of notice thereof bythe permittee.

(3) Any person whose permit is suspended or revoked or whoseapplication for a permit is denied may within ten days appeal the action asprovided in chapter 536, RSMo.

(L. 1967 p. 418 § 3, A.L. 1971 S.B. 110, A.L. 1973 S.B. 131, A.L. 1979 S.B. 20, A.L. 1999 S.B. 19)

Effective 7-1-00

*Transferred 1969; formerly 304.720