307.365. Inspection station permit not transferable--approval to be on official form--report to superintendent--defects, correction of, who may make--inspection fee--sticker fee--inspection fund, crea - Missouri Statutes

Inspection station permit not transferable--approval to be on officialform--report to superintendent--defects, correction of, who maymake--inspection fee--sticker fee--inspection fund, created,purpose--discontinuation of station, procedures.

307.365. 1. No permit for an official inspection station shall beassigned or transferred or used at any location other than thereindesignated and every permit shall be posted in a conspicuous place at thelocation designated. The superintendent of the Missouri state highwaypatrol shall design and furnish each official inspection station, at nocost, one official sign made of metal or other durable material to bedisplayed in a conspicuous location to designate the station as an officialinspection station. Additional signs may be obtained by an officialinspection station for a fee equal to the cost to the state. Eachinspection station shall also be supplied with one or more posters whichmust be displayed in a conspicuous location at the place of inspection andwhich informs the public that required repairs or corrections need not bemade at the inspection station.

2. No person operating an official inspection station pursuant to theprovisions of sections 307.350 to 307.390 may issue a certificate ofinspection and approval for any vehicle except upon an official formfurnished by the superintendent of the Missouri state highway patrol forthat purpose and only after inspecting the vehicle and determining that itsbrakes, lighting equipment, signaling devices, steering mechanisms, horns,mirrors, windshield wipers, tires, wheels, exhaust system, glazing, airpollution control devices, fuel system and any other safety equipment asrequired by the state are in proper condition and adjustment to be operatedupon the public highways of this state with safety to the driver oroperator, other occupants therein, as well as other persons and propertyupon the highways, as provided by sections 307.350 to 307.390 and theregulations prescribed by the superintendent of the Missouri state highwaypatrol. Brakes may be inspected for safety by means of visual inspectionor computerized brake testing. No person operating an official inspectionstation shall furnish, loan, give or sell a certificate of inspection andapproval to any other person except those entitled to receive it underprovisions of sections 307.350 to 307.390. No person shall have in suchperson's possession any certificate of inspection and approval and/orinspection sticker with knowledge that the certificate and/or inspectionsticker has been illegally purchased, stolen or counterfeited.

3. The superintendent of the Missouri state highway patrol mayrequire officially designated stations to furnish reports upon formsfurnished by the superintendent for that purpose as the superintendentconsiders reasonably necessary for the proper and efficient administrationof sections 307.350 to 307.390.

4. If, upon inspection, defects or unsafe conditions are found, theowner may correct them or shall have them corrected at any place the ownerchooses within twenty days after the defect or unsafe condition is found,and shall have the right to remove the vehicle to such place forcorrection, but before the vehicle is operated thereafter upon the publichighways of this state, a certificate of inspection and approval must beobtained. The inspecting personnel of the official inspection station mustinform the owner that the corrections need not be made at the inspectionstation.

5. A fee, not to exceed twelve dollars, as determined by eachofficial inspection station, may be charged by an official inspectionstation for each official inspection including the issuance of thecertificate of inspection and approval, sticker, seal or other device and atotal fee, not to exceed ten dollars, as determined by each officialinspection station, may be charged for an official inspection of a traileror motorcycle, which shall include the issuance of the certificate ofinspection and approval, sticker, seal or other device. Such fee shall beconspicuously posted on the premises of each such official inspectionstation. No owner shall be charged an additional inspection fee uponhaving corrected defects or unsafe conditions found in an inspectioncompleted within the previous twenty consecutive days, excluding Saturdays,Sundays and holidays, if such follow-up inspection is made by the stationmaking the initial inspection. Every inspection for which a fee is chargedshall be a complete inspection, and upon completion of the inspection, ifany defects are found the owner of the vehicle shall be furnished a list ofthe defects and a receipt for the fee paid for the inspection. If theowner of a vehicle decides to have any necessary repairs or correctionsmade at the official inspection station, the owner shall be furnished awritten estimate of the cost of such repairs before such repairs orcorrections are made by the official inspection station. The writtenestimate shall have plainly written upon it that the owner understands thatthe corrections need not be made by the official inspection station andshall have a signature line for the owner. The owner must sign below thestatement on the signature line before any repairs are made.

6. Certificates of inspection and approval, sticker, seal or otherdevice shall be purchased by the official inspection stations from thesuperintendent of the Missouri state highway patrol. The superintendent ofthe Missouri state highway patrol shall collect a fee of one dollar andfifty cents for each certificate of inspection, sticker, seal or otherdevice issued to the official inspection stations, except that no chargeshall be made for certificates of inspection, sticker, seal or other deviceissued to official inspection stations operated by governmental entities.All fees collected shall be deposited in the state treasury with one dollarof each fee collected credited to the state highway fund and, for thepurpose of administering and enforcing the state motor vehicle laws andtraffic regulations, fifty cents credited to the "Highway Patrol InspectionFund" which is hereby created. The moneys collected and deposited in thehighway patrol inspection fund shall be expended subject to appropriationsby the general assembly for the administration and enforcement of sections307.350 to 307.390 by the Missouri state highway patrol. The unexpendedbalance in the fund at the end of each biennium exceeding the amount of theappropriations from the fund for the first two fiscal years shall betransferred to the state road fund, and the provisions of section 33.080,RSMo, relating to the transfer of funds to the general revenue fund at theend of the biennium, shall not apply to the fund.

7. The owner or operator of any inspection station who discontinuesoperation during the period that a station permit is valid or whose stationpermit is suspended or revoked shall return all official signs and postersand any current unused inspection stickers, seals or other devices to thesuperintendent of the Missouri state highway patrol and shall receive afull refund on request except for official signs and posters, provided therequest is made during the calendar year or within sixty days thereafter inthe manner prescribed by the superintendent of the Missouri state highwaypatrol. Stations which have a valid permit shall exchange unused previousyear issue inspection stickers and/or decals for an identical number ofcurrent year issue, provided the unused stickers and/or decals aresubmitted for exchange not later than April thirtieth of the currentcalendar year, in the manner prescribed by the superintendent of theMissouri state highway patrol.

8. Notwithstanding the provisions of section 307.390 to the contrary,a violation of this section shall be a class C misdemeanor.

(L. 1967 p. 418 § 4, A.L. 1971 S.B. 110, A.L. 1973 H.B. 207, A.L. 1979 S.B. 20, A.L. 1983 S.B. 315, A.L. 1992 S.B. 465, A.L. 1999 S.B. 19, A.L. 2009 H.B. 683)

*Transferred 1969; formerly 304.730