HOUSE BILL NO. 22 Offered January 11, 2006 Prefiled December 5, 2005 A BILL to amend and reenact §§ 46.2-1163 and 46.2-1167 of the Code of Virginia, relating to fees for vehicle safety inspections; disposition of fees. ---------- Patron-- Abbitt ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1.  That §§ 46.2-1163 and 46.2-1167 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-1163. Official inspection stations; safety inspection approval stickers; actions of Superintendent subject to the Administrative Process Act.

The Superintendent may designate, furnish instructions to, and supervise official inspection stations for the inspection of motor vehicles, trailers, and semitrailers and for adjusting and correcting equipment enumerated in this chapter in such a manner as to conform to specifications hereinbefore set forth. The Superintendent shall adopt and furnish to such official inspection stations regulations governing the making of inspections required by this chapter. The Superintendent may at any time, after five days' written notice, revoke the designation of any official inspection station designated by him.

If no defects are discovered or when the equipment has been corrected in accordance with this title, the official inspection station shall issue to the operator or owner of the vehicle, on forms furnished by the Department of State Police, a duplicate of which is retained by such station, a certificate showing the date of correction, registration number of the vehicle, and the official designation of such station. There also shall be placed on the windshield of the vehicle at a place to be designated by the Superintendent an approval sticker furnished by the Department of State Police. If any vehicle is not equipped with a windshield, the approval sticker shall be placed on the vehicle in a location designated by the Superintendent. If the vehicle is a motorcycle, the approval sticker may be placed on a plate securely fastened to the motorcycle for the purpose of displaying the sticker or in any other location designated by the Superintendent. This sticker shall be displayed on the windshield of such vehicle or at such other designated place upon the vehicle at all times when it is operated on the highways in the Commonwealth and until such time as a new inspection period shall be designated and a new inspection sticker issued. Common carriers, operating under certificate from the State Corporation Commission or the Department of Motor Vehicles, who desire to do so may use with the approval of the Superintendent private inspection stations for the inspection and correction of their equipment.

Actions of the Superintendent relating to official inspection stations shall be governed by the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

§ 46.2-1167. (Effective January 1, 2006) Charges for inspection and reinspection; exemption.

A. Each official safety inspection station may charge no more than:

1. FiftyFifty-one dollars for each inspection of any (i) tractor truck, (ii) truck that has a gross vehicle weight rating of 26,000 pounds or more, or (iii) motor vehicle that is used to transport passengers and has a seating capacity of more than 15 passengers, including the driver, $0.50 of which shall be transmitted to the Department of State Police to support the Department's costs in administering the motor vehicle safety inspection program;

2. TwelveThirteen dollars for each inspection of any motorcycle, $10 of which shall be retained by the inspection station and $2 $2.50 of which shall be transmitted to the Department of State Police who shall retain $0.50 $1.00 to support the Department's costs in administering the motor vehicle safety inspection program and deposit the remaining $1.50 into the Motorcycle Rider Safety Training Program Fund created pursuant to § 46.2-1191; and

3. FifteenSixteen dollars for each inspection of any other vehicle, $0.50 of which shall be transmitted to the Department of State Police to support the Department's costs in administering the motor vehicle safety inspection program.

No such charge shall be mandatory, however, and no such charge shall be made unless the station has previously contracted therefor.

B. Each official safety inspection station may charge $1 for each reinspection of a vehicle rejected by the station, as provided in § 46.2-1158, if the vehicle is submitted for reinspection within the validity period of the rejection sticker. If a rejected vehicle is not submitted to the same station within the validity period of the rejection sticker or is submitted to another official safety inspection station, an amount no greater than that permitted under subsection A may be charged for the inspection.