605 REINSPECTION OF REJECTED VEHICLES

605.1 Any motor vehicle or trailer to which a rejection sticker was issued shall be issued an “approved” inspection sticker upon determination that the items for which the rejection sticker was issued have been brought into compliance with applicable equipment and exhaust emission standards.605.2 The determination that the items which were the basis for the issuance of the rejection sticker have been brought into compliance with the applicable standards and the subsequent issuance of an “approved” inspection sticker may be made by the following:- (a) Personnel of the motor vehicle inspection facilities operated by the District of Columbia; or

- (b) Personnel of a facility other than a District inspection facility; Provided, that the owner of the facility has obtained a permit from the Mayor to perform reinspections in accordance with rules and regulations promulgated by the Mayor for the issuance, suspension, revocation, and denial of renewal of reinspection facility permits.

- (c) Beginning September 19, 2005, and extending for a temporary period to be determined by the Director, reinspections shall only be conducted by personnel described in paragraph (a) of this subsection.605.3 Reinspection stations shall be licensed by the Director, Department of Consumer and Regulatory Affairs (DCRA) prior to engaging in the service of vehicle reinspection as specified in this section.605.4 Reinspection licenses shall be issued upon determination by the Director Department of Motor Vehicles that the applicant has met the qualifications for licensing as specified in this section.605.5 The following two (2) classes of permits (hereinafter referred to as “business licenses or licenses”), shall be issued:- (a) Class I licenses shall be issued to reinspection stations to engage in the reinspection of motor vehicles and trailers, excluding emissions testing; and

- (b) Class II licenses shall be issued to owners or operators of fleets of vehicles that are subject to District vehicle inspections, and are authorized to perform vehicle inspections of their fleets.605.6 Class I licenses may be issued to the owner of a facility to provide “full service” in all

vehicle rejection categories or “limited service” in one (1) or more of the following categories:

(a) [Deleted] 38 DCR 801 (January 25, 1991)

(b) Brake system;

(c) Exhaust system;

(d) Steering, suspension, tires and wheels;

(e) Glass (windshield, windows);

(f) Electrical: all switches, signals, wipers, lenses and lights including headlight installation;

(g) Miscellaneous: (any rejected item not in other categories); and

(h) Motorcycles and motorized bicycles.

605.7 Applicants for reinspection licenses or renewal of licenses shall demonstrate their ability to perform the duties necessary to reinspect vehicles, and to conduct business in accordance with applicable subsequent provisions of this chapter.

605.8 In order to perform the duties necessary to reinspect vehicles, an applicant reinspection station shall meet the following requirements:

(a) Have available on the premises that equipment which is necessary to perform the reinspection for which the station is licensed and which meets the standards established in the section “Facilities and Equipment” in this chapter; and

(b) Employ at least one (1) individual who has been certified as a motor vehicle reinspector by the D.C. Government as specified in the Section “Reinspector Certification” in this chapter for those reinspection categories to which the application applies.

605.9 As a demonstration of proper business practices an applicant shall do the following:

(a) Be registered with the Department of Finance and Revenue and possess an appropriate occupancy permit;

(b) Be a licensed repair facility, as stipulated in 16 DCMR § 600, and comply with provisions stated therein; and

1. (c) Have, in the judgment of the Director, Department of Motor Vehicles, a sound reputation for moral character and business practices as evidenced by appropriate District Government tax, consumer, and court records.605.10 Applications for licenses shall be made on forms provided by the DCRA consisting of two (2) parts, principal and supplementary.605.11 The principal application shall elicit information bearing upon the nature and location of the applicant's business, the experience of the applicant and his or her employees, and the nature of the reinspection license sought by the applicant.605.12 The supplementary application shall cover the background of the owner and each partner of an unincorporated business and each principal executive officer and controlling individual of a corporation or association and shall be filed by each owner, partner, controlling individual or officer.605.13 Upon approval of a station's application, a license for the applicable reinspection categories shall be issued by the Director, DCRA.605.14 Licenses shall be issued for a period of two (2) years and the license shall remain with the original licensee for the period of the license and shall not be transferable.605.15 Fees for licenses shall be as follows:- (a) For all Class I full services' and 'limited service' stations or Class II licenses the fee shall be fifty dollars (\$ 50); and
2. (b) For any amendment to the licenses categories or any other changes to the license the fee shall be ten dollars (\$ 10).605.16 The license period shall extend for two (2) years from June 30th of every even-numbered year.605.17 Any application approved during the first twelve (12) months of the license period shall be considered as beginning on the first day of that licensing period and shall extend for the entire normal licensing period. The total license fee of fifty dollars (\$ 50) shall be paid at the time of the issuance of a license.605.18 Any application approved after the first twelve (12) months of the normal licensing period shall be considered as beginning on that day and extending for the remainder of that licensing period. A fee of twenty-five dollars (\$ 25) shall be paid at the time of issuance of a license.605.19 Each licensed reinspection station shall have the authority to reinspect vehicles for items rejected that are covered by the particular station's license and to certify that specific items

for which a vehicle was rejected at District inspection have been corrected to conform with the technical standards set forth in the Motor Vehicle Inspection Manual of the District of Columbia (hereafter referred to as “the Manual”).

605.20 No licensee shall certify that items for which a vehicle was rejected at a District inspection have been corrected unless a certified reinspector in that station’s employment has made a determination that the items were corrected and has certified the items as stated herein.605.21 Certification shall be evidenced by the affixation of an inspection sticker (hereinafter referred to as an “approved inspection sticker”) approved by the Director, DPW, on the vehicle in the place specified in the Manual, and by signing the reinspection card as specified herein.605.22 Certification of a vehicle by the licensee shall constitute the licensee’s representation that a certified reinspector on the licensee’s payroll has inspected the vehicle and has determined that the rejected items detected at District inspection have been corrected to conform with the standards set forth in the Manual.605.23 Class I licensees, upon being presented with a vehicle for repair or adjustment of rejected items detected at District inspections may occasionally opt to “farm out” part of the repair or adjustment work, that is, to have the repair or adjustment work performed with the equipment or by the employees of another firm.605.24 Repair or adjustment work performed under this “farming out” option shall be deemed to be work performed under the direction of the Class I licensee. Exercise of this option shall not relieve the licensee of this ultimate duty, as set forth in this section, to have the sufficiency of all adjustments or repairs inspected by a certified reinspector on the licensee’s payroll prior to certification of the vehicle.605.25 Licensees who elect to exercise the “farming out” option may be held responsible in any subsequent proceedings against the licensee for any negligent and/or fraudulent repair practices perpetrated on the consumer by the party to whom the work was farmed out.605.26 All Class I licensees shall conspicuously display a schedule of reinspection charges and hourly rates at the place of business and shall file a copy thereof with the Department of Consumer and Regulatory Affairs.605.27 The fee which a Class I station may charge for the reinspection of rejected items that have been repaired somewhere other than that station, shall not exceed the amount equal to a station’s hourly charge for repair services multiplied by the average time for reinspection of an item as established in the Manual.

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 4.206(c), Special Edition; as amended by 2 § (b) of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980, D.C. Law 3-152,27 DCR

4907,4912 (November 7, 1980); by Final Rulemaking published at 29 DCR 3249 (July 30, 1982); by Final Rulemaking published at 38 DCR 801 (January 25, 1991); by Final Rulemaking published at 52 DCR 5639 (September 23, 2005); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006).