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CHAPTER 175. VEHICLE EQUIPMENT AND INSPECTION
Subchap. Sec.
A. GENERAL PROVISIONS 175.1
B. OFFICIAL INSPECTION STATIONS 175.21
C. CERTIFICATE OF INSPECTION 175.41
D. SCHEDULE OF PENALTIES AND SUSPENSIONS: OFFICIAL INSPECTION STATIONS AND CERTIFIED MECHANICS 175.51
E. PASSENGER CARS AND LIGHT TRUCKS 175.61
F. MEDIUM AND HEAVY TRUCKS AND BUSES 175.91
G. RECREATIONAL, SEMI AND UTILITY TRAILERS 175.121
H. MOTORCYCLES 175.141
J. MOTOR-DRIVEN CYCLES AND MOTORIZED PEDALCYCLES 175.171
K. STREET RODS, SPECIALLY CONSTRUCTED AND RECONSTRUCTED VEHICLES 175.201
L. ANIMAL-DRAWN VEHICLES, IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE EQUIPMENT 175.221
M. ALTERNATE FUEL SYSTEMS AND CONTROLS 175.241
N. [Reserved] 175.251
O. VEHICLE SUN SCREENING DEVICES 175.261Authority The provisions of this Chapter 175 issued under the Vehicle Code, 75 Pa.C.S. § § 47014705, 47214732 and 6103, unless otherwise noted.
Source The provisions of this Chapter 175 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499, unless otherwise noted.
Cross References This chapter cited in 52 Pa. Code § 29.402 (relating to vehicle equipment requirements); 52 Pa. Code § 30.31 (relating to vehicles equipment requirements); 52 Pa. Code § 37.272 (relating to vehicle standards); 67 Pa. Code § 171.21 (relating to exhaust system); 67 Pa. Code § 171.24 (relating to fuel system); 67 Pa. Code § 171.59 (relating to lamps and signals); 67 Pa. Code § 177.51 (relating to program requirements); and 67 Pa. Code § 601.1 (relating to definitions).
Subchapter A. GENERAL PROVISIONS
Sec.
175.1. Purpose.
175.2. Definitions.
175.3. Application of equipment rules.
175.4. Vehicles required to be inspected.
175.5. Semiannual inspection.
175.6. Annual inspection.
175.7. Inspection of vehicle reentering this Commonwealth.
175.8. Newly-purchased vehicles.
175.9. Vehicles registered in another state.
175.10. Vehicles requiring emission inspection due to address change.
175.11. Coordination of safety and emission inspection.§ 175.1. Purpose.
This chapter implements 75 Pa.C.S. § § 41014982 (relating to vehicle characteristics).
Source The provisions of this § 175.2 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103, 4301, 4501, 4521, 4524, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.2 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended October 25, 1991, effective October 26, 1991, 21 Pa.B. 5067; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (235214) to (235216).
Cross References This section cited in 67 Pa. Code § 177.51 (relating to program requirements).
§ 175.3. Application of equipment rules.
Equipment rules apply to vehicles operated on a highway, unless specifically exempted by this chapter.
Source The provisions of this § 175.3 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90271).
§ 175.4. Vehicles required to be inspected.
A registered vehicle moved upon a highway shall bear a valid certificate of inspection except for the following:
(1) Special mobile equipment.
(2) An implement of husbandry.
(3) A motor vehicle being towed.
(4) A motor vehicle being driven or a trailer being towed by an official inspection station owner or employee for the purpose of inspection.
(5) A trailer having a registered gross weight of 3,000 pounds or less.
(6) A motorized pedalcycle.
(7) A vehicle being repossessed by a financer or collector-repossessor through the use of miscellaneous motor vehicle business registration plates.
(8) A new vehicle while it is in the process of manufacture including testing, and not in transit from the manufacturer to a purchaser or dealer.
(9) A military vehicle used for training by a private, nonprofit, tax-exempt military educational institution when the vehicle does not travel on public roads in excess of 1 mile and when the property on both sides of the public road is owned by the institution.
(10) An antique vehicle.
Source The provisions of this § 175.4 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85985).
Cross References This section cited in 67 Pa. Code § 175.80 (relating to inspection procedure).
§ 175.5. Semiannual inspection.
School buses, passenger vans under contract with or owned by a school district or a private or parochial schoolincluding vehicles having chartered group and party rights under the Public Utility Commissionand used to transport school students; passenger vans used to transport persons for hire or owned by a commercial enterprise and used for the transportation of employees to or from their place of employment; trailers having a registered gross weight in excess of 10,000 pounds; and motor carrier vehicles shall be subject to semiannual inspection.
Source The provisions of this § 175.5 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended April 2, 1982, effective April 3, 1982, 12 Pa.B. 1098; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (85985) to (85986).
Cross References This section cited in 67 Pa. Code § 257.3 (relating to certificate of inspection).
§ 175.6. Annual inspection.
Other vehicles, including emergency vehicles and private noncommercial vehicles used to transport students, shall be inspected annually.
Source The provisions of this § 175.6 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85986).
§ 175.7. Inspection of vehicle reentering this Commonwealth.
A vehicle subject to inspection which has been outside this Commonwealth continuously for 30 days or more and which, at the time of reentering this Commonwealth, does not bear a currently valid certificate of inspection, is not required to be inspected until 10 days after reentering this Commonwealth.
Source The provisions of this § 175.7 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85986).
§ 175.8. Newly-purchased vehicles.
(a) Vehicles without valid certificate of inspection. A vehicle which does not display a valid certificate of inspection at the time of sale, resale or entry into this Commonwealth shall be inspected within 10 days of sale, resale or entry into this Commonwealth, whichever occurs later. The inspection shall be coordinated with the staggered registration system regardless of the date of a previous inspection in this or another jurisdiction.
(b) Vehicles with valid certificate of inspection. A vehicle which displays a valid certificate of inspection at the time of sale or resale may be driven until the inspection certificate expires.
(c) Vehicles subject to semiannual inspection and mass transit vehicles. Vehicles subject to semiannual inspection and mass transit vehicles are exempt from the provision of subsection (a) which requires coordination of inspection expiration with the staggered registration system.
Authority The provisions of this § 175.8 amended under Vehicle Code,
Source The provisions of this § 175.8 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended September 3, 1982, effective September 4, 1982, 12 Pa.B. 2943; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962. Immediately preceding text appears at serial pages (132832) to (132833).
§ 175.9. Vehicles registered in another state.
A vehicle registered in another state may be inspected. A certificate of inspection shall be issued only if the vehicle meets inspection requirements.
Source The provisions of this § 175.9 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90272).
§ 175.10. Vehicles requiring emission inspection due to address change.
A subject vehicle required to participate in the Emission I/M Program because of vehicle registration change of address shall be phased into the emission inspection program at the time of the expiration of the current safety certificate of inspection.
Source The provisions of this § 175.10 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90272).
§ 175.11. Coordination of safety and emission inspection.
All subject vehicles required to participate in the Enhanced Emission I/M Program shall display on the vehicle a renewed emission certificate of inspection prior to placement of a renewed safety certificate of inspection. A temporary inspection approval indicator may be used to designate vehicles which have successfully passed the required periodic safety inspection, but must display a renewed emission certificate of inspection, or obtain an official waiver, prior to placement of the renewed safety certificate of inspection. Under this chapter, the expiring safety certificate of inspection may be replaced with a new safety certificate of inspection at any time prior to the expiration of the certificate of inspection to which the temporary inspection approval indicator is affixed. The temporary inspection approval indicator does not extend the inspection expiration of any certificate of inspection to which it is affixed.
Authority The provisions of this § 175.11 issued under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.11 adopted September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003.
Subchapter B. OFFICIAL INSPECTION STATIONS
Sec.
175.21. Appointment.
175.22. Making application.
175.23. Approval.
175.24. Required certificates and station signs.
175.25. Inspection area.
175.26. Tools and equipment.
175.27. Hours.
175.28. Certified inspection mechanics.
175.29. Obligations and responsibilities of stations.
175.30. Commonwealth inspection stations.
175.31. Fleet inspection stations.
175.32. Recreational and utility trailer inspection stations.
175.33. Motorcycle inspection stations.
175.34. General inspection stations.
Cross References The provisions of this § 175.21 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90273) to (90274).
§ 175.22. Making application.
(a) Form. The applicant shall file one copy of Form MV-427, Application for Designation as an Official Inspection Station, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance. Requirements shall be as follows:
(1) An applicant for a certificate of appointment shall furnish a bond on a form prescribed by the Department or proof of insurance as required by 75 Pa.C.S. § 4722(c) (relating to certificate of appointment).
(2) The bond or insurance shall be in the amount of $10,000 for each place of business and shall provide compensation to a vehicle owner for damage their vehicle may sustain while it is in possession of the inspection station.
(3) The bond or proof of insurance shall be renewed each year.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance.
(c) Specification of type. The application shall indicate the type of inspection station authorization applied for; that is, Commonwealth, general, fleet, recreational and utility trailer or motorcycle.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application.
(1) If a natural person, the applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, partnership or association, the application shall be signed by an officer, partner, associate or another person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the personfor example, station managerto sign the application shall be attached thereto and attested to by a partner or a corporation or association officer.
Source The provisions of this § 175.22 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90274) to (90275).
§ 175.23. Approval.
(a) Investigation. An inspection station supervisor will conduct an investigation of each applicant to determine full compliance with the Vehicle Code and this chapter.
(b) English comprehension. The applicant and each inspection mechanic shall be sufficiently versed in the English language to read and understand this title.
(c) Issuance of certificate. Upon approval of the application by the Bureau, a certificate of appointment shall be issued to the applicant for the place of business located within this Commonwealth, as set forth in the application. No inspections shall be made unless a certificate of appointment has been issued to and is prominently displayed at the official inspection station.
Source The provisions of this § 175.23 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90275).
Cross References The provisions of this § 175.24 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90275) and (77482).
Cross References The provisions of this § 175.25 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1979, effective December 9, 1979, 8 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77482) to (77483).
Cross References The provisions of this § 175.26 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524 and 6103.
Source The provisions of this § 175.26 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132838) to (132839).
Cross References This section cited in 67 Pa. Code § 175.32 (relating to recreational and utility trailer inspection stations); and 67 Pa. Code § 175.33 (relating to motorcycle inspection stations).
§ 175.27. Hours.
An inspection station shall be open for business a minimum of 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the inspection station supervisor. To be considered for a waiver of this section, 50% of the working hours shall be between 8 a.m. and 5 p.m. Monday through Friday. This section does not apply to Commonwealth or fleet inspection stations.
Source The provisions of this § 175.27 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77485).
§ 175.28. Certified inspection mechanics.
(a) General. An official inspection station shall have at least one certified inspection mechanic. Every inspection shall be performed by a certified inspection mechanic. The mechanic shall only inspect the type of vehicle for which he is certified. The mechanic signing the inspection sticker shall conduct and be responsible for the entire inspection of the vehicle, including the road test, except that the Department may exempt a mechanic from the requirement to perform a road test because of a physical disability. See 75 Pa.C.S. § 4726 (relating to certification of mechanics).
(b) Multiple stations. A certified inspection mechanic may work part time at more than one official inspection station if the mechanic notifies the inspection station supervisor and the Vehicle Control Division of the names and station numbers of all current employers. Failure to do so may result in suspension of the mechanics inspection privileges.
(c) Number of inspections. A certified mechanic may not inspect more than:
(1) Two vehicles other than motorcycles per hour.
(2) Three motorcycles per hour.
(d) Certification requirements. A mechanic desiring to become certified:
(1) Shall be 18 years of age or older.
(2) Shall have a valid drivers license for each class of vehicle which the mechanic will inspect; except that a certified mechanic who inspects school buses is not required to hold a Class 4 license but is required to hold a Class 2 or 3 license. For the purposes of this chapter, a valid drivers license shall not include a learners permit. A mechanic exempted from the requirement to perform the road test shall also be exempt from the requirement of this paragraph.
(3) Shall have attended an approved 9-hour certification course and successfully completed the required written examination.
(4) Shall pass the required tactile test administered by a certified/qualified automotive instructor at an approved education facility.
(e) Recertification. A mechanic shall be certified every 3 years by passing the required written examination within 180 days of receipt of notice from the Department that the mechanic card is due to expire.
(f) Prior certification. A mechanic card without an expiration date shall remain valid for 180 days after the date of notice to the mechanic to attend the certification course. Failure to complete the certification course and pass the required tests within 180 days will result in cancellation.
(g) Mechanic license codes. A mechanic will be issued the following codes for the types of vehicle the mechanic is authorized to inspect:
(1) Passenger cars, trucks 17,000 pounds or less, and trailers less than 10,000 pounds.
(2) Motorcycles.
(3) Trucks over 17,000 pounds, trailers over 10,000 pounds and buses.
(4) All vehicles.
(5) Codes 1 and 2.
(6) Codes 2 and 3.
(7) Codes 1 and 3.
(8) (Reserved).
(9) Electrical speed-timing:
(i) AElectronic speed-timing.
(ii) BMechanical speed-timing.
(iii) CSpeedometer.
(iv) DElectrical-mechanical speed-timing.
(h) Mechanic card. The valid mechanic card shall be carried by the mechanic when performing an inspection.
Source The provisions of this § 175.28 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; corrected April 23, 1982, effective May 9, 1981, 12 Pa.B. 1344; amended October 29, 1982, effective January 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective January 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77485) and (116045) to (116046).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
Although the Department has certified a mechanic under subsection (d)(2) of this section, as having a valid drivers license for each class of vehicles which the mechanic will inspect, an owner of an inspection station is responsible under 67 Pa. Code § 175.29(a)(6) (cited as (6)) for every inspection conducted by an employe of the inspection station. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
The provisions of this § 175.29 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of § 175.29 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862, corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221207) to (221210).
Notes of Decisions Careless recordkeeping is a lesser included offense of improper recordkeeping and no due process violation resulted from a finding of liability for lesser included offense in that accused was informed of substance of charge with reasonable certainty. Department of Transportation v. Tutt, 576 A.2d 1186 (Pa. Cmwlth. 1990).
Evidence supported finding owner strictly liable for actions of inspection station employes who altered the safety and emissions stickers; however, Department committed error by failure to consider point system penalty alternative. Strickland v. Department of Transportation, 574 A.2d 110 (Pa. Cmwlth. 1990).
As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
Receipt of a letter charging an owner of an inspection station with fraudulent record keeping puts that owner on constructive notice that the charge is of the same nature as a previous charge of fraudulent record keeping, and subsection (a)(2) requiring copies of regulations describing violations be available to all employes served notice, thus justifying imposition of a 3-year suspension even though the letter containing the second charge did not specify that the second offense was of the same nature as the first offense. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
An inspection station owner may be penalized for the violation of statutory provisions found in 67 Pa. Code § 175.29 (responsibilities of inspection station owners), as well as by the law of agency, by an employee acting within the scope of his authority, even though the employe acted disobediently and the owner had no reason to anticipate such misconduct. Department of Transportation v. Cox, 476 A.2d 1012 (Pa. Cmwlth. 1984).
The provisions of 67 Pa. Code § 175.29(a)(6)(cited as (6)) must be construed that an owner is responsible, with or without his knowledge, for acts conducted by his employe relating to inspections only where the employe acted within his scope of employment. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
§ 175.30. Commonwealth inspection stations.
(a) Eligibility. This designation will be issued to stations owned and operated by:
(1) The Federal Government.
(2) The Commonwealth.
(3) A political subdivision of the Commonwealth.
(b) General requirements. An applicant for a Commonwealth inspection station shall meet the requirements of this chapter, unless specifically exempted, including the specific requirements for fleet stations.
(c) Certified inspection mechanic. Each official Commonwealth inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(d) Method of inspection. A Commonwealth inspection station shall inspect and issue certificates of inspection only to vehicles registered in the name of the governmental body.
(e) Certificates of inspection. No fee may be charged for certificates of inspection requisitioned by Commonwealth inspection stations.
Source The provisions of this § 175.30 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122828).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
§ 175.31. Fleet inspection stations.
(a) Eligibility. Eligibility requirements are as follows:
(1) A fleet inspection station owner shall own or lease at least 15 or more vehicles.
(2) The certificate of appointment shall authorize inspection of only those vehicles registered or leased by the fleet inspection station owner. Privately owned or registered vehicles of company officers and employes may not be inspected at a fleet inspection station even if they are used for business purposes.
(3) The inspection certificate shall be cancelled if the number of vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Certified inspection mechanic. Each fleet inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(c) Requirements. Requirements shall include the following:
(1) An applicant for a fleet inspection station shall meet the requirements of this chapter, unless specifically exempted.
(2) In addition to the minimum inspection area requirements of § 175.25(b)(1)(i) (relating to inspection area), the inspection area shall be large enough to accommodate the largest vehicle to be inspected at the fleet inspection station.
Source The provisions of this § 175.31 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122828) to (122829).
§ 175.32. Recreational and utility trailer inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect trailers.
(b) Requirements. An applicant for a trailer station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. Each trailer inspection station shall have a mechanic certified to inspect trailers present during normal business hours.
(d) Record sheets. Inspections of trailers shall be recorded on Form MV-480. Inspection of recreational trailers shall be recorded on separate Form MV-480 report sheets.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), trailer stations shall have an ammeterlow range type.
Source The provisions of this § 175.32 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122829).
§ 175.33. Motorcycle inspection stations.
(a) Eligibility. This designation shall be issued to stations that inspect only motorcycles.
(b) General requirements. A motorcycle inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A motorcycle inspection station shall have a mechanic certified to inspect motorcycles present during normal business hours.
(d) Record sheets. A motorcycle inspection shall be recorded on Form MV-431.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), a motorcycle station shall have the following additional tools:
(1) A spoke wrench.
(2) A truing stand.
(3) A photo-electric type aimer or approved headlight aiming screen.
(f) Exemption. A motorcycle station is not required to have floor jacks or a floor stand.
Source The provisions of this § 175.33 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122829) to (122830).
§ 175.34. General inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect vehicles if the station is so equipped.
(b) General requirements. An applicant for a general inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A general inspection station shall have a certified mechanic present during normal business hours.
(d) Method of inspection. A vehicle shall be inspected according to this chapter by a mechanic certified to inspect the appropriate class of vehicle.
Source The provisions of this § 175.34 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122830).
Subchapter C. CERTIFICATE OF INSPECTION
Sec.
175.41. Procedure.
175.42. Recording inspection.
175.43. Security.
175.44. Ordering certificates of inspection.
175.45. Violation of use of certificate of inspection.§ 175.41. Procedure.
(a) Unauthorized display of certificate of inspection. No certificate of inspection or temporary inspection approval indicator may be marked or affixed to a vehicle unless the vehicle has successfully passed inspection, meeting the requirements of 75 Pa. C.S. § § 1019701 (relating to the Vehicle Code) and this chapter.
(b) Type. A certificate of inspection shall be selected for the particular type of vehicle being inspected according to this chapter. The certificate of inspection insert shall correspond to the vehicles registration month based on charts supplied by the Department. The certificate of inspection shall be examined before using. If found to be incorrect, the inspection station supervisor and the Vehicle Control Division shall immediately be notified.
(1) TS-460 shall be used for motor vehicles except motorcycles and motor-driven cycles.
(2) TS-463 shall be used for trailers, motorcycles and motor-driven cycles.
(3) A temporary inspection approval indicator shall be used to designate a vehicle which has successfully passed the required periodic safety inspection, but which shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle.
(c) Required information. The information on the rear of the certificate of inspection shall be completed in its entirety in permanent ink. The odometer reading is not required to be completed for trailers and motorcycles.
(1) The temporary inspection approval indicator shall be affixed as described in subsection (e)(5) so as to be visible to the vehicle operator (while seated in the drivers location) without obscuring any required information entered on the back of the safety certificate of inspection.
(2) When replacing a certificate of inspection for which a temporary inspection approval indicator has been issued, the back of the new certificate of inspection shall be completed using the information recorded on the report sheet (Form MV-431) at the time of the original inspection.
(d) Affixing certificate of inspection or temporary inspection approval indicator. The certificate of inspection or temporary inspection approval indicator shall only be affixed to the vehicle on the premises of the official inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official inspection station. A certificate of inspection or temporary inspection approval indicator may not be issued or affixed at another area of location.
(1) It is the responsibility of the certified inspection mechanic who performed the inspection to affix the certificate of inspection or temporary inspection approval indicator to the vehicle in the location prescribed by the Department. The certificate of inspection or temporary inspection approval indicator shall be affixed only after completion of the entire inspection, including the road test. A mechanic exempted by the Department from performing the road test under this chapter is responsible for affixing the certificate of inspection or temporary inspection approval indicator.
(i) Inspection stations may not replace a certificate of inspection to which a temporary inspection approval indicator has been affixed if one or more of the following apply:
(A) The inspection station did not perform the original inspection of the vehicle or issue the temporary inspection approval indicator affixed to the current certificate of inspection.
(B) The vehicle does not display a renewed emission certificate of inspection.
(C) The original safety certificate of inspection has expired.
(D) The vehicle is in an obviously unsafe condition, including, but not limited to, bald tires, exhaust leaks, broken glazing and broken or missing lighting.
(ii) Inspection stations may charge the posted fee for inspection of a vehicle to which a temporary inspection approval indicator has been affixed. A fee may not be charged for the temporary inspection approval indicator. The posted fee for the new certificate of inspection may only be charged when the new safety certificate of inspection is affixed to the vehicle.
(2) The surface on which the sticker is to be attached shall be wiped dry and clean of road film, grease and moisture for proper adhesion. The following apply:
(i) The glass or body surface shall be cleaned thoroughly.
(ii) The protective slip sheet shall be removed from the adhesive side of the certificate of inspection or temporary inspection approval indicator.
(iii) The sticker shall be positioned carefully, then squeezed until it is tightly affixed to the windshield, body or existing certificate of inspection.
(iv) Only the current certificate of inspection shall be visible.
(e) Certificate of inspection location. The certificate shall be located as follows:
(1) On a motor vehicle, the certificate of inspection shall be affixed in an upright position, to the extreme lower left-hand inside corner of the windshielddrivers side.
(2) On a motorcycle or a motor-driven cycle, the certificate of inspection shall be affixed in a clearly visible, upright position to one of the following areas of the vehicle:
(i) On the left sidetraffic sideof the front fork.
(ii) On the left sidetraffic sideof the front fender.
(iii) On a plate attached by weld or rivets to the left sidetraffic sideof the vehicle for purposes of mounting the certificate of inspection.
(3) The new certificate of inspection may not be placed over the old certificate of inspection. The certificate of inspection which expired or is about to expire shall be removed prior to placement of the new certificate of inspection.
(4) On trailers, the certificate of inspection shall be affixed, in an upright position, to the left fronttraffic sideof the trailer, approximately 6 feet high, if possible. The certificate may not be placed on the nose or front side of the trailer. A holder is permitted if it is in the proper location and the certificate of inspection is affixed to prevent theft or transfer to another vehicle. The new certificate of inspection may not be placed over the old certificate of inspection.
(5) The temporary inspection approval indicator shall be affixed to the top left portion of the reverse side of the existing safety certificate of inspection so as to be visible to the vehicle operator (while seated in the drivers location) without obscuring any required information entered on the back of the safety certificate of inspection.
(f) Inspection cycles. When selecting the proper type of certificate insert, the new expiration date is based upon whether the inspection is an annual or semiannual inspection.
(1) An annually inspected vehicle will receive an inspection for no more than 15 months and no less than 6 months based on the vehicles registration month and charts supplied by the Department.
(2) A semiannually inspected vehicle will receive an inspection for no more than 9 months based on charts supplied by the Department.
(3) Insert stickers will be selected based upon the expiration date on the new inspection. If the vehicle is subject to emission inspection as determined by an I/M indicator on the registration card, the vehicle will receive an I/M indicator tab on the safety certificate of inspection.
(4) A temporary inspection approval indicator shall be used to indicate that a vehicle has successfully passed the required periodic safety inspection, but shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle. The temporary inspection approval indicator does not extend the expiration of any certificate of inspection to which it is affixed.
Authority The provisions of this § 175.42 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.41 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1101; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; corrected November 26, 1982, effective October 30, 1982, 12 Pa.B. 4058; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5130; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221213) to (221215).
Notes of Decisions The provisions of this § 175.42 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103(a), 4107, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.42 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; corrected March 5, 2004, effective February 7, 2004, 34 Pa.B. 1327. Immediately preceding text appears at serial pages (235233) to (235235).
Notes of Decisions As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
The provisions of this § 175.43 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103(a), 4702, 4703, 4728 and 6103.
Source The provisions of this § 175.43 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221217) to (221219).
§ 175.44. Ordering certificates of inspection.
(a) Forms. The following requisition forms shall be used to order certificates of inspection and inserts:
(1) MV-436a. For vehicles.
(2) MV-467a. For inserts and temporary inspection approval indicators.
(b) Contents. Required information shall be entered on the order form.
(1) The correct name, address and station number, as shown on the certificate of appointment, shall be entered on every requisition form.
(2) A requisition shall be personally signed by one of the persons whose signature appears on the signature card, Form MV-417. The signature shall be identical to the one on file or the requisition will be rejected. No one may order certificates of inspection unless his signature is on the signature card on file with the Department.
(c) Additional instructions. The following also apply:
(1) When special delivery is desired, a separate check shall be enclosed for postage. Do not enclose cash or add the amount for postage to the check for certificates of inspection.
(2) Each sticker requisition shall be accompanied by a separate check. Certificates of inspection may be ordered on one requisition form. Checks shall be made payable to the Department of Transportation or PENNDOT.
(3) A requisition may be a snap-out form with two sheets in each set. A copy shall be forwarded to the Department. No copy may be detached.
(4) Orders for certificates of inspection shall be for multiples of 25, with a minimum of 50 certificates, except that Commonwealth and fleet inspection stations shall order a minimum of 25 certificates.
(5) An incomplete or improper certificate of inspection requisition or check shall be returned to the official inspection station for correction. To avoid unnecessary inconvenience or delay, information shall be rechecked carefully.
(6) If certificates of inspection are to be delivered to a mailing address instead of the inspection station address, the mailing address shall be included on every requisition submitted to the Department.
(d) Copies. A copy of the requisition or a Department receipt will be returned with the order of certificates of inspection shipped from the Department. Station copies of the requisitions or Department receipts shall be kept on file at the station for 2 years and shall be made available for inspection upon request of the inspection station supervisor or an authorized representative of the Department.
(e) Suggested schedule. Certificates of inspection should be ordered as needed. Thirty days should be allowed for delivery.
(f) Additional certificates. An inspection station should anticipate its need for additional certificates of inspection.
Authority The provisions of this § 175.44 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.44 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221219) to (221220).
§ 175.45. Violation of use of certificate of inspection.
A person may not do any of the following:
(1) Make, issue, transfer or possess an imitation or counterfeit of an official certificate of inspection or temporary inspection approval indicator and shall be sanctioned consistent with 75 Pa.C.S. § 4730(c) (relating to penalty).
(2) Display or cause to be displayed on a vehicle or have in his possession a certificate of inspection or temporary inspection approval indicator knowing it is fictitious, stolen, issued for another vehicle or issued without an inspection having been made and shall be sanctioned consistent with the provisions of 75 Pa.C.S. § 4730(c) (relating to penalty).
(3) Furnish, loan, give or sell certificates of inspection and approval to another official inspection station or another person except upon an inspection made in accordance with this chapter. See 75 Pa.C.S. § 4730(b).
Authority The provisions of this § 175.45 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.45 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial page (221220).
Subchapter D. SCHEDULE OF PENALTIES AND SUSPENSIONS:
OFFICIAL INSPECTION STATIONS AND CERTIFIED MECHANICS
Sec.
175.51. Cause for suspension.
175.52. Reapplication.
Cross References