§ 20‑183.7A. Penaltiesapplicable to license holders and suspension or revocation of license forsafety violations.
(a) Kinds ofViolations. The civil penalty schedule established in this section applies tosafety self‑inspectors, safety inspection stations, and safety inspectionmechanics. The schedule categorizes safety violations into serious (Type I),minor (Type II), and technical (Type III) violations. A serious violation is aviolation of this Part or a rule adopted to implement this Part that directlyaffects the safety or emissions reduction benefits of the safety inspectionprogram. A minor violation is a violation of this Part or a rule adopted toimplement this Part that reflects negligence or carelessness in conducting asafety inspection or complying with the safety inspection requirements but doesnot directly affect the safety benefits or emission reduction benefits of thesafety inspection program. A technical violation is a violation that is not aserious violation, a minor violation, or another type of offense under thisPart.
(b) Penalty Schedule. The Division must take the following action for a violation:
(1) Type I. For afirst or second Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of two hundred fiftydollars ($250.00) and suspend the license of the business for six months. For athird or subsequent Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one thousand dollars($1,000) and revoke the license of the business for two years. For a first orsecond Type I violation within seven years by a safety inspection mechanic,assess a civil penalty of one hundred dollars ($100.00) and suspend themechanic's license for six months. For a third or subsequent Type I violationwithin seven years by a safety inspection mechanic, assess a civil penalty oftwo hundred fifty dollars ($250.00) and revoke the mechanic's license for twoyears.
(2) Type II. For afirst or second Type II violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one hundred dollars($100.00). For a third or subsequent Type II violation within three years by asafety self‑inspector or a safety inspection station, assess a civilpenalty of two hundred fifty dollars ($250.00) and suspend the license of thebusiness for 90 days. For a first or second Type II violation within sevenyears by a safety inspection mechanic, assess a civil penalty of fifty dollars($50.00). For a third or subsequent Type II violation within seven years by asafety inspection mechanic, assess a civil penalty of one hundred dollars($100.00) and suspend the mechanic's license for 90 days.
(3) Type III. For afirst or second Type III violation within seven years by a safety self‑inspector,a safety inspection station, or a safety inspection mechanic, send a warningletter. For a third or subsequent Type III violation within seven years by thesame safety license holder, assess a civil penalty of twenty‑five dollars($25.00).
(c) Station or Self‑InspectorResponsibility. It is the responsibility of a safety inspection station and asafety self‑inspector to supervise the safety inspection mechanics it employs.A violation by a safety inspection mechanic is considered a violation by thestation or self‑inspector for whom the mechanic is employed.
(d) MultipleViolations. If a safety self‑inspector, a safety inspection station, ora safety inspection mechanic commits two or more violations in the course of asingle safety inspection, the Division shall take only the action specified forthe most significant violation.
(e) Mechanic Training. A safety inspection mechanic whose license has been suspended or revoked mustretake the course required under G.S. 20‑183.4 and successfully completethe course before the mechanic's license can be reinstated. Failure tosuccessfully complete this course continues the period of suspension orrevocation until the course is completed successfully. (2001‑504, s. 12.)
§ 20‑183.7A. Penaltiesapplicable to license holders and suspension or revocation of license forsafety violations.
(a) Kinds ofViolations. The civil penalty schedule established in this section applies tosafety self‑inspectors, safety inspection stations, and safety inspectionmechanics. The schedule categorizes safety violations into serious (Type I),minor (Type II), and technical (Type III) violations. A serious violation is aviolation of this Part or a rule adopted to implement this Part that directlyaffects the safety or emissions reduction benefits of the safety inspectionprogram. A minor violation is a violation of this Part or a rule adopted toimplement this Part that reflects negligence or carelessness in conducting asafety inspection or complying with the safety inspection requirements but doesnot directly affect the safety benefits or emission reduction benefits of thesafety inspection program. A technical violation is a violation that is not aserious violation, a minor violation, or another type of offense under thisPart.
(b) Penalty Schedule. The Division must take the following action for a violation:
(1) Type I. For afirst or second Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of two hundred fiftydollars ($250.00) and suspend the license of the business for six months. For athird or subsequent Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one thousand dollars($1,000) and revoke the license of the business for two years. For a first orsecond Type I violation within seven years by a safety inspection mechanic,assess a civil penalty of one hundred dollars ($100.00) and suspend themechanic's license for six months. For a third or subsequent Type I violationwithin seven years by a safety inspection mechanic, assess a civil penalty oftwo hundred fifty dollars ($250.00) and revoke the mechanic's license for twoyears.
(2) Type II. For afirst or second Type II violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one hundred dollars($100.00). For a third or subsequent Type II violation within three years by asafety self‑inspector or a safety inspection station, assess a civilpenalty of two hundred fifty dollars ($250.00) and suspend the license of thebusiness for 90 days. For a first or second Type II violation within sevenyears by a safety inspection mechanic, assess a civil penalty of fifty dollars($50.00). For a third or subsequent Type II violation within seven years by asafety inspection mechanic, assess a civil penalty of one hundred dollars($100.00) and suspend the mechanic's license for 90 days.
(3) Type III. For afirst or second Type III violation within seven years by a safety self‑inspector,a safety inspection station, or a safety inspection mechanic, send a warningletter. For a third or subsequent Type III violation within seven years by thesame safety license holder, assess a civil penalty of twenty‑five dollars($25.00).
(c) Station or Self‑InspectorResponsibility. It is the responsibility of a safety inspection station and asafety self‑inspector to supervise the safety inspection mechanics it employs.A violation by a safety inspection mechanic is considered a violation by thestation or self‑inspector for whom the mechanic is employed.
(d) MultipleViolations. If a safety self‑inspector, a safety inspection station, ora safety inspection mechanic commits two or more violations in the course of asingle safety inspection, the Division shall take only the action specified forthe most significant violation.
(e) Mechanic Training. A safety inspection mechanic whose license has been suspended or revoked mustretake the course required under G.S. 20‑183.4 and successfully completethe course before the mechanic's license can be reinstated. Failure tosuccessfully complete this course continues the period of suspension orrevocation until the course is completed successfully. (2001‑504, s. 12.)
§ 20‑183.7A. Penaltiesapplicable to license holders and suspension or revocation of license forsafety violations.
(a) Kinds ofViolations. The civil penalty schedule established in this section applies tosafety self‑inspectors, safety inspection stations, and safety inspectionmechanics. The schedule categorizes safety violations into serious (Type I),minor (Type II), and technical (Type III) violations. A serious violation is aviolation of this Part or a rule adopted to implement this Part that directlyaffects the safety or emissions reduction benefits of the safety inspectionprogram. A minor violation is a violation of this Part or a rule adopted toimplement this Part that reflects negligence or carelessness in conducting asafety inspection or complying with the safety inspection requirements but doesnot directly affect the safety benefits or emission reduction benefits of thesafety inspection program. A technical violation is a violation that is not aserious violation, a minor violation, or another type of offense under thisPart.
(b) Penalty Schedule. The Division must take the following action for a violation:
(1) Type I. For afirst or second Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of two hundred fiftydollars ($250.00) and suspend the license of the business for six months. For athird or subsequent Type I violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one thousand dollars($1,000) and revoke the license of the business for two years. For a first orsecond Type I violation within seven years by a safety inspection mechanic,assess a civil penalty of one hundred dollars ($100.00) and suspend themechanic's license for six months. For a third or subsequent Type I violationwithin seven years by a safety inspection mechanic, assess a civil penalty oftwo hundred fifty dollars ($250.00) and revoke the mechanic's license for twoyears.
(2) Type II. For afirst or second Type II violation within three years by a safety self‑inspectoror a safety inspection station, assess a civil penalty of one hundred dollars($100.00). For a third or subsequent Type II violation within three years by asafety self‑inspector or a safety inspection station, assess a civilpenalty of two hundred fifty dollars ($250.00) and suspend the license of thebusiness for 90 days. For a first or second Type II violation within sevenyears by a safety inspection mechanic, assess a civil penalty of fifty dollars($50.00). For a third or subsequent Type II violation within seven years by asafety inspection mechanic, assess a civil penalty of one hundred dollars($100.00) and suspend the mechanic's license for 90 days.
(3) Type III. For afirst or second Type III violation within seven years by a safety self‑inspector,a safety inspection station, or a safety inspection mechanic, send a warningletter. For a third or subsequent Type III violation within seven years by thesame safety license holder, assess a civil penalty of twenty‑five dollars($25.00).
(c) Station or Self‑InspectorResponsibility. It is the responsibility of a safety inspection station and asafety self‑inspector to supervise the safety inspection mechanics it employs.A violation by a safety inspection mechanic is considered a violation by thestation or self‑inspector for whom the mechanic is employed.
(d) MultipleViolations. If a safety self‑inspector, a safety inspection station, ora safety inspection mechanic commits two or more violations in the course of asingle safety inspection, the Division shall take only the action specified forthe most significant violation.
(e) Mechanic Training. A safety inspection mechanic whose license has been suspended or revoked mustretake the course required under G.S. 20‑183.4 and successfully completethe course before the mechanic's license can be reinstated. Failure tosuccessfully complete this course continues the period of suspension orrevocation until the course is completed successfully. (2001‑504, s. 12.)
