Chapter 680 - MOTOR VEHICLE SAFETY INSPECTION PROGRAM

Sec. 678.302. - Maintenance of designated fire hazard areas. Chapter 684 - SAFE NEIGHBORHOOD IMPROVEMENT Chapter 680 - MOTOR VEHICLE SAFETY INSPECTION PROGRAM[1]

Footnotes: --- (1) ---

Cross reference— Traffic and parking, Tit. XXIII.

State Law reference— Periodic motor vehicle inspection program authorized, F.S. § 325.001; emission inspection, F.S. § 325.201 et seq.

State rule references—Motor vehicle inspection, F.A.C. Ch. 15C-5; motor vehicle emission inspection, F.A.C. Ch. 15C-6.

Sec. 680.101. - Legislative findings and determination.

The Council finds and determines that:

(a)

The 1981 Session of the Legislature repealed F.S. Ch. 325, Pt. II and abolished the statewide motor vehicle safety inspection program, effective October 1, 1981, and after September 30, 1981 there will be no mandatory vehicle safety inspection program throughout the State.

(b)

There are certain types or classes of motor vehicles that should be required to be inspected for operational and structural safety notwithstanding that the general requirement for safety inspections has been repealed.

(c)

Owners and operators of private motor vehicles may wish to continue the safety inspections of their motor vehicles, in order to ascertain whether and to what extent the motor vehicles are safe for operation upon the public streets and highways.

(d)

The public health, welfare and safety will be promoted and protected if a local vehicle inspection program, mandatory in part and voluntary in part, is established by law.

(e)

The motor vehicle safety inspection program created and required by this Chapter is the appropriate method of accomplishing this public purpose.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.101.

Sec. 680.102. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Certificate means an inspection certificate attached to a motor vehicle subject to or authorized for inspection under this Chapter and indicating that the motor vehicle has been lawfully inspected and found to meet the requirements of this Chapter.

(b)

Department means the Neighborhoods Department.

(c)

Director means the Director of the Neighborhoods Department.

(d)

Inspection means the safety inspection of motor vehicles required or authorized under this Chapter.

(e)

Inspection station means a facility operated by the Department to conduct motor vehicle safety inspections as required or authorized by this Chapter.

(f)

Motor vehicle means a vehicle which is included within one or more of the categories of motor vehicles enumerated and described in Section 680.104 as being subject to or authorized for inspection under this Chapter and a vehicle which is required to be inspected under Section 680.118.

(g)

Official inspector means a person who has been duly trained and qualified pursuant to this Chapter to inspect motor vehicles.

(Ord. 81-778-320, § 1; Ord. 81-804-364, § 1; Ord. 83-591-400, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Note— Former § 432.102.

Sec. 680.103. - Safety inspection authorized or required.

Every motor vehicle, if included in the categories enumerated and described in Section 680.104, shall be inspected as provided in this Chapter and shall display a current validated certificate indicating that the inspection has been conducted and that the motor vehicle has been found to comply with the standards and requirements of this Chapter for vehicle safety. A motor vehicle which is required to be inspected by Section 680.118 shall be inspected as provided in this Chapter, but no inspection certificate shall be required as condition for operation of the motor vehicle on the streets and highways of the City.

(Ord. 81-778-320, § 1; Ord. 81-804-364, § 2; Ord. 83-591-400, § 1)

Note— Former § 432.103.

Sec. 680.104. - Motor vehicles subject to or authorized for inspection.

The following categories of motor vehicles, and no others, are subject to or authorized for inspection under this Chapter:

(a)

The following school buses shall mandatorily and without exception be inspected in accordance with this Chapter:

(1)

School buses operated by contractors under contract to the Duval County School Board for transportation of pupils attending the public schools, and

(2)

School buses, as defined in F.S. § 316.615(1), operated by or under contract to any private nursery, pre-elementary, elementary, secondary and college-level school in the City for the purpose of transporting pupils attending the school.

(b)

Motor vehicles owned or maintained by the Fleet Management Division, mandatorily and without exception, except the classes or types of motor vehicles as may be exempted by executive order of the Mayor under Section 680.105.

(c)

Vehicles for hire regulated under Chapter 220, mandatorily and without exception.

(d)

Limousines and other motor vehicles for hire (including chauffeured vehicles such as school buses, but excluding other leased or rental motor vehicles), if these vehicles are driven at all within the General Services District, mandatorily and without exception, except those motor vehicles as are operated under regulation by the Interstate Commerce Commission or substantially in interstate commerce.

(e)

Vans and other motor vehicles with a capacity of more than eight persons, including the driver:

(1)

If the motor vehicles are used for the purpose of transporting passengers:

(i)

To and from work, or

(ii)

To and from activities by social clubs, groups or chores, or

(iii)

To and from nutrition centers or similar community services activities and facilities, and

(2)

Which are commonly owned or contracted for by the employer, social club, group, church or provider, rather than being owned by one of the persons riding in the motor vehicle, and

(3)

Regardless of whether transportation in the motor vehicles is made available with or without charge to the passengers,

Mandatorily and without exception.

(f)

Ambulances and other emergency vehicles owned or operated by persons other than the City, mandatorily and without exception.

(g)

Motor vehicles owned by private individuals, firms, corporations and others, if the owners voluntarily choose to have the motor vehicles inspected under this Chapter, except motor vehicles required to be inspected under subsections (c) through (g) of this Section and motor vehicles required to be inspected by Section 680.118.

(Ord. 81-778-320, § 1; Ord. 81-804-364, § 3; Ord. 82-39-1, § 1; Ord. 82-668-298, § 1; Ord. 82-1121-571, § 4; Ord. 83-591-400, § 1; Ord. 2002-793-E, § 3)

Note— Former § 432.104.

Sec. 680.105. - Exemptions.

The Mayor may exempt from the inspection requirements of this Chapter specified classes or types of motor vehicles owned or maintained by the Fleet Management Division if he determines that requiring the motor vehicles to be inspected under this Chapter would not be in the public interest nor serve public health or safety.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.105.

Sec. 680.106. - Expiration of certificate; early inspection; delayed inspection.

(a)

Every certificate issued shall be valid for not less than one year and shall expire at midnight on the last day of the month designated on the certificate; provided, that in the case of school buses under Section 680.104(a), a certificate shall be valid for a period of 30 school days only. A delinquent fee shall be charged, in addition to the inspection fee, if a motor vehicle is presented for inspection after the expiration date of the certificate. The Director may, by rule, establish midmonth and end-of-month expiration dates so that the workload on the inspection station is evenly distributed through the month, in which case the certificate shall expire at midnight on the day designated on the certificate.

(b)

The owner of a motor vehicle bearing a current, valid certificate may request that the motor vehicle be inspected at any time, under the provisions of this Chapter, before the expiration of the certificate. If the motor vehicle passes the inspection and a validated certificate is issued, the appropriate period shall commence as of the date of the reinspection.

(c)

If the designated day of the month falls on a day on which the inspection station is closed, a motor vehicle may be presented for inspection on the first working day following the expiration date. The expired certificate shall be considered valid and no delinquent fee or violation shall be charged.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1; Ord. 2003-850-E, § 1, 8-12-03)

Note— Former § 432.106.

Sec. 680.107. - Display of certificate required.

Except as provided in Sections 680.103 and 680.106(c), every motor vehicle subject to inspection under this Chapter shall, whenever it is operated on the streets and highways of the City, display a current, validated certificate. The certificate shall be placed in the lower left-hand corner of the windshield of the motor vehicle and attached thereto by such means as are approved by the Director.

(Ord. 81-778-320, § 1; Ord. 82-39-1, § 2; Ord. 83-591-400, § 1)

Note— Former § 432.107.

Sec. 680.108. - Motor vehicles involved in accident or otherwise damaged.

A motor vehicle in the categories enumerated and described in Section 680.104(a) through (f) which is involved in an accident or otherwise damaged so that the equipment required to be inspected by Section 680.109 has been damaged shall not be operated, except to an inspection station or repair shop, upon the streets and highways of the City until it has been reinspected in accordance with the provisions of this Chapter.

(Ord. 81-778-320, § 1; Ord. 82-39-1, § 3; Ord. 83-591-400, § 1)

Note— Former § 432.108.

Sec. 680.109. - Requirements for approval before certificate may be issued.

(a)

The following articles and equipment of each motor vehicle shall be inspected at an inspection station by an official inspector, to determine whether they are in safe operating condition:

(1)

Brakes;

(2)

Lights;

(3)

Horn;

(4)

Steering mechanism;

(5)

Windshield wipers;

(6)

Directional signals;

(7)

Tires; and

(8)

Exhaust system.

The Director shall prescribe by rule the physical conditions and descriptions of safe and unsafe articles and equipment, which shall be used by the official inspectors in making inspections under this Chapter. In the case of school buses, the articles and equipment specified by this subsection shall be modified to include the articles and equipment required by the State Board of Education to be inspected on school buses, and the rules of the State Board of Education shall control as to these articles and equipment and their physical conditions and description as safe and unsafe.

(b)

A tire shall be considered unsafe if:

(1)

A ply or cord is exposed.

(2)

A bump, bulge or knot affecting the tire structure is apparent.

(3)

A break repaired with a boot is evident.

(4)

With respect to tires with no tread wear indicators, there is a tread depth of less than 2/32 of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire.

(5)

With respect to tires with tread wear indicators, the tread wear indicators contact the road in any two tread grooves at three locations equally spaced around the circumference of the tire.

(6)

There is a marking not for highway use or for racing purposes only on the tire.

(7)

There are present any other conditions as may be reasonably demonstrated to render the tire unsafe.

(c)

If a motor vehicle is rejected because its headlights are out of alignment and if the headlights could be adjusted without the removal or replacement of parts, if requested by the owner, the inspection station shall make the adjustment at the time of the inspection and at no expense to the owner or operator of the motor vehicle. The rejection shall be recorded on the inspection form furnished by the Department with a notation that the adjustment was made at the inspection station.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.109.

Sec. 680.110. - Defective vehicles; repair procedures.

When a motor vehicle required to be inspected under Section 680.104(a) through (f) shall, upon inspection, fail to meet the safety requirements of Section 680.109, the inspection station shall issue an authorized receipt and statement for the vehicle indicating that it has been inspected and enumerating the defects found. The owner or operator shall have the defects corrected or repaired at any place he chooses; provided, that in the case of a motor vehicle owned or maintained by the Fleet Management Division, the receipt and statement shall be delivered to the Chief of Fleet Management, who shall decide the manner of correction or repair. The receipt and statement shall operate as a temporary valid inspection certificate for 30 days after the defect and, for the purpose of allowing the owner or operator of the motor vehicle to correct or repair the defect, and the operator shall not be subject to the penalty of Section 680.116 during this time. In any case where a part must be ordered to correct or repair a defect and the part cannot be received and installed within the 30-day period, the receipt and statement, together with a dated copy of the order for the part, shall operate as a temporary valid inspection certificate until the part is received, which time period shall not exceed 90 days from the date the defect was found. The motor vehicle may be reinspected one time for the defect within 30 days when the owner does not have to wait for a part to be received, or within 90 days when the owner must wait for a part, at the inspection station first making the inspection, without additional charge; however, upon payment of the full inspection fee, the motor vehicle may be reinspected at another inspection station.

(Ord. 81-778-320, § 1; Ord. 82-39-1, § 4; Ord. 83-591-400, § 1)

Note— Former § 432.110.

Sec. 680.111. - Supervision of program; rules and procedures.

The supervision of the motor vehicle safety inspection program established by this Chapter shall be the responsibility of the Director of the Neighborhoods Department, but he may delegate operating authority and responsibility to another appointed official in the Department. The Director shall adopt, amend and revoke rules for the administration of this Chapter and procedures for the control, distribution, sale, refund and display of inspection certificates and for the accounting of proceeds of their sale. The Department shall establish rules and regulations necessary to train and qualify official inspectors under this Part, and no person shall be qualified to inspect a motor vehicle until approved by the Department.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 432.111.

Sec. 680.112. - Inspection stations.

The Mayor shall from time to time prescribe which inspection stations formerly operated by the City under former F.S. Ch. 325, Pt. II will be operated as inspection stations under this Chapter, and he may operate one or more stations at a time in his discretion. Inspection stations shall be operated for the convenience of the motoring public. The schedule of operation of inspection stations shall be subject to approval by the Mayor.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.112.

Sec. 680.113. - Fees.

The fees for inspections under this Chapter shall be in accordance with the fee schedule set forth in Section 123.102(c)(9).

(Ord. 81-778-320, § 1; Ord. 82-475-216, § 1; Ord. 82-1121-571, § 5; Ord. 83-591-400, § 1; Ord. 87-963-529, § 1; Ord. 89-872-405, § 13; Ord. 2002-793-E, § 3)

Note— Former § 432.113.

Sec. 680.114. - Inspection not to constitute warranty of mechanical condition.

The inspection of a motor vehicle and the issuance of a certificate under the provisions of this Chapter shall not be construed in any court as a warranty of the mechanical condition of the motor vehicle. No official inspector, inspection station or official of the City shall be liable in damages for any defect in or failure or improper functioning of an item of equipment on a motor vehicle occurring subsequent to an inspection under this Chapter.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.114.

Sec. 680.115. - Violations: certificates.

A person who:

(a)

Uses or issues a certificate for a motor vehicle which has not actually been inspected under the provisions of this Chapter;

(b)

Makes, alters, forges, counterfeits or reproduces a certificate unless authorized by the Director;

(c)

Has in his possession or control any forged, counterfeit or imitation certificate or a reproduction of a certificate, unless possession by such person has been authorized by the Director;

(d)

Barters, trades, sells or gives away an inspection certificate, or conspires to barter, trade, sell or give away an inspection certificate, unless such person has been authorized to issue the certificate by the Director or pursuant to the rules and regulations promulgated by the Director;

(e)

Agrees to supply or to aid in supplying any person with a certificate by any means whatsoever not in accordance with the provisions of this Part;

shall be guilty of a class D offense.

(Ord. 81-778-320, § 1; Ord. 83-591-400, § 1)

Note— Former § 432.115.

Sec. 680.116. - Driving without valid, unexpired certificate.

A person who operates a motor vehicle required to be inspected under Section 680.104(a) through (f) which does not have a valid, unexpired certificate shall be guilty of a class C offense. A separate offense shall be deemed to have been committed on each day during which this offense continues.

(Ord. 81-778-320, § 1; Ord. 82-39-1, § 5; Ord. 83-591-400, § 1)

Note— Former § 432.116.

Sec. 680.117. - Safety of vehicle; inspection.

With respect to a motor vehicle required to be inspected under Section 680.104(a) through (f), any law enforcement officer may at any time, upon reasonable cause to believe that the motor vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the operator of the motor vehicle to stop and submit the vehicle to inspection and such tests with reference thereto as may be appropriate. In the event that the motor vehicle is found to be in an unsafe condition or a required part or equipment is not present or is not in proper repair and adjustment and continued operation of the motor vehicle would, in the opinion of the law enforcement officer, probably present an unduly hazardous operating condition, the officer may require the motor vehicle to be immediately repaired or removed from use. If continued use or operation would not present unduly hazardous operating conditions, the officer shall give written notice to require proper repair and adjustment of the motor vehicle within 48 hours, excluding Sunday.

(Ord. 81-778-320, § 1; Ord. 82-39-1, § 6; Ord. 83-591-400, § 1)

Note— Former § 432.117.

Sec. 680.118. - Operation of motor vehicle with faulty equipment.

A person operating a motor vehicle that is not equipped as required by F.S. Ch. 316 may be issued a faulty equipment citation. If the operator of a motor vehicle is cited for faulty equipment, he shall, within ten days after receiving the citation, have the motor vehicle repaired and inspected as provided in Section 680.109. The official inspector shall give the person accompanying the motor vehicle at the inspection station a statement of the equipment which he has found to be faulty, as provided in Section 680.110, and collect the fee for inspection of the motor vehicle fixed by Section 680.113. The provisions of Sections 680.109 and 680.110 shall be available with respect to adjustments and repairs to the motor vehicle.

(Ord. 81-804-364, § 4; Ord. 82-39-1, § 7; Ord. 83-591-400, § 1)

Note— Former § 432.118.

Sec. 680.119. - Penalty for failure or refusal to have repair and inspection.

A person who has been required to have a motor vehicle repaired and inspected pursuant to Section 680.117 or Section 680.118 and who fails or refuses to have the vehicle repaired (regardless of the defect for which the repair is required) and successfully inspected as provided in Section 680.109 within the period allowed by law shall be guilty of a class C offense. A separate offense shall be deemed to have been committed on each day during which this offense continues.

(Ord. 82-39-1, § 8; Ord. 83-591-400, § 1)

Note— Former § 432.119.

Sec. 678.302. - Maintenance of designated fire hazard areas. Chapter 684 - SAFE NEIGHBORHOOD IMPROVEMENT