1. (a) Duties and responsibilities of certified inspectors. Before a person may inspect vehicles under the Texas Vehicle Inspection Act, the person will be examined and certified by the Texas Department of Public Safety.

   1. (1) A certified inspector will be thoroughly instructed in the vehicle inspection program.
   2. (2) A certified inspector shall conduct a thorough and efficient inspection of every vehicle presented for an official inspection.
   3. (3) A certified inspector shall not use alcohol or drugs while on duty. Prescription drugs may be used when prescribed by a licensed physician, provided normal faculties will not be impaired while on duty.
   4. (4) A certified inspector shall inspect a vehicle presented for inspection within a reasonable time.
   5. (5) A certified inspector shall notify the department representative supervising the vehicle inspection station immediately if his driver's license is suspended or revoked.
   6. (6) A certified inspector shall conduct each inspection, and affix each inspection certificate, in the approved inspection area of the vehicle inspection station location designated on the certificate of appointment. The road test may be conducted outside this area.
   7. (7) The certified inspector shall consult the vehicle owner or operator prior to making a repair or adjustment.
   8. (8) The certified inspector shall not delegate responsibility for a proper and thorough inspection to any other person, and shall have complete control of the vehicle to be tested during the entire test procedure.
   9. (9) The certified inspector shall not require a vehicle owner whose vehicle has been rejected to have repairs made at a specific garage.
   10. (10) The certified inspector shall maintain a clean and orderly appearance and be courteous in his contact with the public.

2. (b) Qualifications for certification as a certified inspector. To qualify as an inspector an applicant shall:

   1. (1) be at least 18 years of age;
   2. (2) hold a valid driver's license from his or her state of residence;
   3. (3) be employed by a licensed vehicle inspection station;
   4. (4) not be subject to denial of an application nor suspension or revocation of a certificate for felony conviction or other reasons stated in §23.15(a)(13) of this title (relating to Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings);
   5. (5) not be under suspension in the Texas vehicle inspection program;
   6. (6) make an application for inspector certification on the application form for certified inspectors, VI-3;
   7. (7) attend a training session conducted by the department;
   8. (8) pass, with a grade of not less than 80, a written or oral examination on the law and rules and regulations of the department pertinent to the vehicle inspection program;
   9. (9) successfully demonstrate his ability to correctly operate the testing devices at the vehicle inspection station where he is employed;
   10. (10) submit a statutory fee of $10 when the certification process by the technician is completed and the person is ready for issuance of an inspector's certificate; and
   11. (11) be exempt from the inspector certification fee if employed at a governmental inspection station. Dual authorization for another class of inspection station would require an inspector certification fee.

3. (c) How instruction is furnished. Instruction is furnished by:

   1. (1) inspector schools conducted by the department;
   2. (2) studying Rules and Regulations Manual for Official Inspection Stations and Certified Inspectors;
   3. (3) individual instruction by a department representative or by an equipment company representative; and
   4. (4) learning through association with others--mechanics, service managers, etc.

4. (d) Where certification process may take place.

   1. (1) The written examination may be conducted at the vehicle inspection station where the person is employed, at the Department of Public Safety office, or any place decided upon by the Department of Public Safety.
   2. (2) The demonstration of the ability to correctly operate the testing devices will ordinarily be conducted at the vehicle inspection station where the person is employed, but it may be conducted elsewhere. In every instance, the demonstration will be performed on the same brand name or type device as used at the place of employment.

5. (e) Process for certification and recertification of inspectors.

   1. (1) Periodic certified inspector schools will be conducted by the department.
   2. (2) After each certified inspector school, oral or written examinations will be given individually or in groups by the department representative. Examinations will not necessarily be given during the same hours the school is held.

6. (f) Failure to pass the examination.

   1. (1) Each applicant will be given a minimum of two opportunities to pass an inspector's examination. Applicants will be notified of any failure, shown their mistakes, and given the correct answers to questions missed on the first examination.
   2. (2) Applicants who fail their first examination will be given a different examination for the second examination.
   3. (3) Applicants who fail their second examination must wait at least 30 days before taking a subsequent examination.

7. (g) Failure to pass the demonstration test.

   1. (1) Persons failing the demonstration test will be notified of any mistakes, shown correct usage, and advised where and when a subsequent test may be taken.
   2. (2) After two consecutive failures, additional tests will be conducted only after due evaluation of the circumstances involved.

8. (h) Applicant passing the written test and the demonstration test.

   1. (1) An applicant passing the written and demonstration tests will be so notified.
   2. (2) The service manager or owner will be notified of the applicant's successful completion of the required tests.
   3. (3) Inspection procedure, record keeping, and security regulations will be reviewed by the department.

9. (i) Expiration of certification of inspectors. An inspector's certification will expire:

   1. (1) when individual certification has been withdrawn by the department;
   2. (2) when the certified inspector's driver's license is suspended or expired;
   3. (3) when the certified inspector fails to attend a required recertification school; or
   4. (4) August 31 of each even-numbered year following the date of appointment. Thereafter, appointment as inspector shall be made for two-year periods.
10. (j) Certification after denial. Except as provided in subsection (k) of this section, no person may apply for a license as a certified inspector within one year from the date of the denial by the director of an application from the same person.

11. (k) Certification after suspension.

    1. (1) After expiration of a period of suspension, a person desiring reinstatement may request reinstatement by notifying in writing the appropriate regional supervisor and:

       1. (A) make a written application for reinstatement;
       2. (B) meet all qualifications for appointment;
       3. (C) pass the complete written and demonstration test; and
       4. (D) submit the inspector's certification fee if certification has expired during suspension.
    2. (2) If the certified inspector passes all tests, the inspector certificate card, VI-66, will be reissued.
12. (l) Reexamination; withdrawal of certification. The department representative may require the certified inspector to take all or part of the written and demonstration tests at any time or may require attendance at any training program. Failure to pass a required test disqualifies the certified inspector immediately.
13. (m) Dual authorization. A certified inspector may be certified at more than one vehicle inspection station at the same time. Inspection station owners shall furnish information as may be required by the department pertaining to inspectors employed at stations within three working days of a change in the inspector's employment.

14. (n) Changes in employment.

    1. (1) If a certified inspector changes his place of employment, he shall prove his ability to correctly operate the testing equipment at such new vehicle inspection station, and may be required to take a complete written examination before he will be allowed to inspect at the new location.
    2. (2) No inspections shall be performed by a certified inspector at an idle emission inspection and maintenance station until he has demonstrated to the department representative supervising the station his ability to correctly operate the testing equipment at such station.
    3. (3) The inspection station owner shall notify the department representative supervising the station within three working days of a change in employment of inspectors at that station.
15. (o) Certified inspector schools. Schools are conducted on a regionwide schedule according to need at any time during the year.

16. (p) Withdrawal of application. An application for a license as a certified inspector may be withdrawn by the applicant at any time. An application will be deemed withdrawn when 60 days elapses:

    1. (1) from the first failure of the inspector's written examination; or
    2. (2) from the successful completion of the written idle emissions examination when the applicant has not requested that a demonstration test on the testing equipment be given.

Source Note:The provisions of this §23.61 adopted to be effective December 5, 1977, 2 TexReg 4540; amended to be effective March 31, 1982, 7 TexReg 1182; amended to be effective June 2, 1986, 11 TexReg 2387; amended to be effective July 5, 1990, 15 TexReg 3641; amended to be effective June 8, 1993, 18 TexReg 3355; amended to be effective December 7, 1998, 23 TexReg 12450.