§ 175.1. Purpose.

 This chapter implements 75 Pa.C.S. § §  4101—4982 (relating to vehicle characteristics).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ASME Code—The American Society of Mechanical Engineers Boiler and Pressure Vessel Code; Section VIII, Division I, and Section IX of the 1971 and later editions.

   ASTM—The American Society for Testing and Materials.

   Acute area of the windshield—The center of the critical area on the driver’s side of the vehicle directly in the driver’s normal line of vision—8 1/2 inches wide and 5 1/2 inches high.

   Allowable working pressure—The pounds per square inch for which the container was constructed or, if conditions have changed, the maximum pressure at specified temperatures permitted at the most recent inspection by a certified inspector.

   Alteration—A change in the construction, design or installation of a container that affects the strength or safety of the system.

   Antique motor vehicle—A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer’s specifications and registered with the Department as an antique motor vehicle.

   Auxiliary driving lamp—A lighting device mounted to provide illumination in front of the vehicle and to supplement the upper beam of a standard headlamp system; it is not intended for use alone or with the lower beam of a standard headlamp system.

   Back-up lamp—A lamp used to provide illumination behind the vehicle and to provide a warning signal when the vehicle is in reverse gear.

   Bead—That part of the tire made of steel wires wrapped or reinforced by ply cords, that is shaped to fit the rim.

   Belt—A layer made of fabric or other material located under the tread area.

   Bureau—The Bureau of Motor Vehicles of the Department.

   Bus—A motor vehicle as defined in 75 Pa.C.S. §  102 (relating to definitions).

   CGA—The Compressed Gas Association, Inc.; 500 Fifth Avenue; New York, New York 10036.

   Cargo lamp—A lamp mounted on a multipurpose passenger vehicle, truck or bus that provides illumination to load or unload cargo.

   Certified inspection mechanic—A person who holds a valid certification card issued by the Bureau certifying that the person is qualified, has passed all requirements to inspect specific vehicles and holds a valid driver’s license for the correct class of vehicle.

   Certified inspector—A person who holds a certificate issued by the Boiler Division in the Bureau of Occupation and Industrial Safety within the Department of Labor and Industry certifying that the person is qualified to inspect unfired pressure vessels.

   Classic motor vehicle—The term as defined in 75 Pa.C.S. §  102 (relating to definitions).

   Clearance lamps—Lamps which show to the front or rear of a vehicle to indicate overall width and height of a vehicle—on trucks and buses 80 inches or more in width.

   Combination—Two or more vehicles physically interconnected in tandem.

   Commonwealth inspection station—An inspection station appointed to inspect all types of vehicles, space permitted, owned by and engaged exclusively in the performance of the official duties of the Federal Government, the Commonwealth or a political subdivision of the Commonwealth.

   Cord—The strands forming the plies in the tire.

   Critical area of the windshield—The part of the vehicle windshield cleaned by the sweep of the windshield wiper system.

   DOT—The United States Department of Transportation.

   Department—The Department of Transportation of the Commonwealth.

   Designated area—The geographic area which the Department, in conjunction with the Department of Environmental Resources, and the United States Environmental Protection Agency, has identified as an Emission I/M Program designated area. A copy of the Department’s designation is available upon request from the Department.

   Driveaway-towaway operation—An operation in which a motor vehicle, trailer or semitrailer, singly or in combination, constitutes the commodity being transported, when one set or more of wheels of the vehicle are on the highway during the course of transportation, whether or not the vehicle furnished the motive power.

   Emergency vehicle—As defined in 75 Pa.C.S. §  102.

   Essential parts—Integral and body parts of a vehicle of a type required to be registered under the Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model type or mode of operation.

   FMVSS—Federal Motor Vehicle Safety Standards in 49 CFR 571 (relating to Federal motor vehicle safety standards).

   Farm truck—A truck determined by the Department to be used exclusively for agricultural purposes.

   Firefighting vehicle—A vehicle used exclusively for fighting fires. The term does not include passenger cars, buses and motorcycles.

   Fleet inspection station—An inspection station appointed to inspect all types of vehicles, space permitting, leased by or owned and registered in the name of the person in whose name the certificate of appointment is issued.

   Fleet owner—A person, or a Federal, State, or local government agency or authority owning or leasing 15 or more vehicles who or which provides servicing and repair of the vehicles.

   Fog lamps—Lamps which are used with or in lieu of the lower beam headlamps to provide illumination under conditions of rain, snow or fog.

   Foreign vehicle—A vehicle of a type required to be registered under the Vehicle Code brought into this Commonwealth from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this Commonwealth.

   Fuel supply container—A tank or cylinder installed on a vehicle to supply fuel for the propulsion system of the vehicle.

   GCWR—gross combination weight rating—The value specified by the manufacturer as the loaded weight of a combination.

   GVWR—gross vehicle weight rating—The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.

   General inspection station—An inspection station appointed to inspect all types of vehicles if the station is so equipped.

   Groove—The space between two adjacent tread ribs.

   Gross weight—The combined weight of a vehicle or combination of vehicles and its load and driver.

   Hazard warning system or emergency signal system—A driver-controlled system of flashing front and rear lights used to warn approaching motorists when a car has broken down or is traveling at a slow speed.

   Heavy truck—A truck having a registered gross weight in excess of 17,000 pounds or a truck tractor.

   House trailer—Includes the following:

     (i) A trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways.

     (ii) A trailer containing chassis and exterior shell designed and constructed for use as set forth in subparagraph (i) but which is used permanently or temporarily for advertising sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property.

   ICC—The Interstate Commerce Commission; now functionally superseded by DOT in matters relating to safety.

   Identification lamps—Lamps used in groups of three, in a horizontal row, which show to the front or rear, or both, on vehicles 80 inches or more in width.

   Indicator lights—Lamps that are visible to the operator of a vehicle that indicate operation of appropriate electrical circuits, malfunction of vehicle performance and requirement for remedial action by the operator of the vehicle.

   Implement of husbandry—The term as defined in 75 Pa.C.S. §  102.

   Inspection area—The area of a station in which all inspections must be conducted.

   Inspection/Maintenance (I/M) insert tab—A numbered tab, applied to the safety certificate of inspection, which indicates the month in which the safety certificate of inspection expires and that the vehicle is subject to the Emission Inspection Program.

   Inspection/Maintenance (I/M) registration indicator—An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.

   Inspection station supervisor—A person designated by the Department to investigate, inspect and supervise the operation of inspection stations.

   License plate lamp—A lamp used to illuminate the license plate on the rear of the vehicle.

   Light truck—A truck having a registered gross weight of 11,000 pounds or less.

   Material which does not permit a person to see or view the inside of the vehicle—A material which reduces the transmittance of light to below 70% or to a percentage which is less than the percentage permitted by FMVSS No. 205 in effect at the time of the vehicle’s manufacture.

   Manufacturer—A person engaged in the business of constructing or assembling vehicles, motors or bodies of vehicles.

   Medium truck—A truck having a registered gross weight from 11,001 to 17,000 pounds, inclusive.

   Mobile home—A trailer designed and used exclusively for living quarters or commercial purposes which exceeds the maximum size limitations prescribed by this title for operation on a highway and is only incidentally operated on a highway, including a unit transported on a removable or nonremovable frame designed so as to be assembled together with another unit or units into a structure which is used exclusively for living quarters—commonly known as a ‘‘modular unit.’’

   Modular housing undercarriage—A trailer which is used to transport a modular housing unit.

   Modular housing unit—A unit on a removable or nonremovable frame designed for residential or commercial purposes which is wholly or in substantial part fabricated, formed or assembled in manufacturing facilities for assembly and installation on the building site.

   Motor carrier vehicle—A truck, truck-tractor or combination having a gross weight or registered gross weight in excess of 17,000 pounds.

   Motorcycle—A motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

   Motorcycle inspection station—An inspection station appointed to inspect only motorcycles.

   Motor-driven cycle—A motorcycle, including a motor scooter, with a motor which produces not to exceed five-brake horsepower, and every pedalcycle with a motor attached.

   Motor home—A motor vehicle designed or adapted for use as a mobile dwelling or office, except a motor vehicle equipped with a truck camper.

   Motorized pedalcycle—A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission and a maximum design speed of no more than 25 miles per hour.

   Motor vehicle—A vehicle which is self-propelled except one which is propelled solely by human power or by electric power obtained from overhead trolley wires but not operated upon rails.

   Multi-purpose passenger vehicle—A passenger car which is constructed on a truck chassis or which has special features for off-road use in addition to highway use.

   NHTSA—The National Highway Traffic Safety Administration.

   NFPA—The National Fire Protection Association; 470 Atlantic Avenue; Boston, Massachusetts 02210.

   Ornamental lamps—Lamps not required and not located as described in Tables III, IV and V of this chapter, unless available as original equipment. Flashing or revolving lights are not ornamental lamps. Flashing or revolving lights and their use are addressed in Chapters 15 and 173 (relating to authorized vehicles and special operating privileges; and flashing or revolving lights on emergency and authorized vehicles).

   Parking brake system—A brake system used to hold and maintain a vehicle in a stationary position. A positive mechanical means is employed to hold the brake applied when the vehicle is unattended.

   Parking lamps—Steady-burning, low intensity lights used when a vehicle is stopped or parked.

   Passenger car—The term as defined in 75 Pa.C.S. §  102.

   Pedalcycle—A vehicle propelled solely by human-powered pedals.

   Person—A natural person, firm, copartnership, association or corporation.

   Ply—A layer of rubber-coated parallel cords.

   Pole trailer—A trailer, including those with a variable wheelbase, attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular-shaped loads, including poles, pipes or structural members capable of sustaining themselves as beams between the supporting connections.

   Rake—On motorcycles, the angle, measured in degrees, of a motorcycle’s steering axis in relation to a line which is perpendicular to the vehicle wheel base; on passenger cars or trucks, the ground clearance at the front or rear of a vehicle, reduced or increased, giving tilted appearance.

   Reconstructed vehicle—The term as defined in 75 Pa.C.S. §  102.

   Recreational trailer—A trailer designed, adapted and used exclusively for recreational purposes.

   Recreational and utility trailer inspection station—An inspection station appointed to inspect only recreational and utility trailers.

   Reflex reflector—A reflective device used for reflecting light, usually built into a lense.

   Registered gross weight—The term as defined in 75 Pa.C.S. §  102.

   Registration—The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.

   Safety insert tab—A numbered tab, applied to the Safety Certificate of Inspection, which indicates the month in which the safety certificate of inspection expires.

   School bus—The term as defined in 75 Pa.C.S. §  102.

   Secretary—The Secretary of Transportation of this Commonwealth.

   Semitrailer—A trailer constructed so that some part of its weight rests upon, or is carried by, the towing vehicle.

   Service brake system—A brake system used for retarding, stopping and controlling the vehicle under normal operating conditions.

   Side marker lamps—Lamps located on the left and right sides, beamed and intended to indicate vehicle length.

   Snow plow lamp—A lamp used in substitution of headlamps on vehicles equipped with snow plows.

   Special mobile equipment—A vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth-moving and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels and drag lines: and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

   Specially constructed vehicle—A vehicle not originally constructed by a generally recognized manufacturer of vehicles under a distinctive name and materially altered from its original construction but assembled from parts of various vehicles and kits and which would be commonly known as a ‘‘homemade’’ vehicle.

   Stop lamp—A lamp at the rear of the vehicle which indicates the brake is being applied by the operator to slow or stop the vehicle.

   Street rod—A motor vehicle, but not a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.

   Subject vehicle—A gasoline powered vehicle with a gross vehicle weight rating of 11,000 pounds or less, moved upon a highway and registered or titled in a designated area, as defined in Chapter 177 (relating to emission inspection program), except any of the following:

     (i) Special mobile equipment.

     (ii) An implement of husbandry.

     (iii) A motor vehicle being towed.

     (iv) A motor vehicle being driven or towed by an official inspection station owner or employe for the purpose of inspection.

     (v) A classic motor vehicle.

     (vi) An antique motor vehicle.

     (vii) A motorcycle.

     (viii) A motorized pedalcycle.

     (ix) A motor driven cycle.

     (x) A street rod.

     (xi) A vehicle being repossessed by a financer or collector/repossesser through the use of a miscellaneous motor vehicle business registration plate.

     (xii) 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.

     (xiii) 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.

     (xiv) A school bus over 11,000 pounds gross vehicle weight rating.

     (xv) A bus, other than school bus, with a seating capacity of 27 or more.

   Supply line—The piping, tubing or hose, including all related fittings, through which vapor or liquid passes between the first shut-off valve at the container and the final stage regulator or vaporizer.

   Suspend—To withdraw temporarily by formal action of the Department a license, registration or privilege issued or granted by the Department. Following a period of suspension, the Department will restore the license, registration or privilege.

   Tail lamp—A steady burning low-intensity light used on the rear of a vehicle.

   Taxi—A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, on a call and demand service and used for the transportation of persons for compensation.

   Temporary inspection approval indicator—An adhesive insert affixed to the current certificate of safety inspection, as viewed from inside the vehicle, used to designate vehicles which have successfully passed a required periodic safety inspection, but do not display a renewed emission certificate of inspection.

   Tire width—The linear distance between the exteriors of the sidewalls of an uninflated tire, excluding elevations due to labeling, decoration or protective sidebands.

   Trail—The distance measured in inches between the point at which the steering axis of a motorcycle intersects with the ground in front of the motorcycle and the point at which the forward limit of the wheel base intersects with the surface below the motorcycle.

   Trailer—A vehicle designed to be towed by a motor vehicle.

   Trailer inspection station—An inspection station appointed to inspect only trailers.

   Tread—That portion of the tire that comes into contact with the road.

   Tread rib—The tread section running circumferentially around the tire.

   Truck—A motor vehicle designed, used or maintained primarily for the transportation of property.

   Truck-camper—A structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.

   Truck tractor—A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

   Turn signal—A lamp showing to front and rear for the purpose of indicating an intention to turn either to the right or left or for pulling into traffic or changing lanes.

   UL—The Underwriter’s Laboratories, Inc.

   Utility trailer—A trailer, except a recreational trailer, which does not have air brakes.

   VIN—Vehicle identification number—A combination of numerals or letters, or both, which the manufacturer assigns to a vehicle for identification purposes or, in the absence of a manufacturer-assigned number, which the Department assigns to a vehicle for identification purposes.

   Vaporizer—A device that converts liquified natural gas and liquified petroleum gas to the gaseous state by means of heat.

   Vehicle—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

   Vehicle Control Division—The area of the Bureau which administers vehicle equipment and inspection matters.

   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.

   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).

 Equipment rules apply to vehicles operated on a highway, unless specifically exempted by this chapter.

 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.

   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).

 School buses, passenger vans under contract with or owned by a school district or a private or parochial school—including vehicles having chartered group and party rights under the Public Utility Commission—and 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.

   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).

 Other vehicles, including emergency vehicles and private noncommercial vehicles used to transport students, shall be inspected annually.

 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.

 (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.

   The provisions of this §  175.8 amended under Vehicle Code,

 A vehicle registered in another state may be inspected. A certificate of inspection shall be issued only if the vehicle meets inspection requirements.

 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.

 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.

   The provisions of this §  175.11 issued under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

   The provisions of this §  175.11 adopted September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003.

Subchapter B. OFFICIAL INSPECTION STATIONS

Sec.

 (a)  Authority. For the purpose of establishing a system of official inspection stations, the Bureau will issue a certificate of appointment to a privately owned facility within this Commonwealth that complies with the requirements of the Vehicle Code and this title. An official inspection station is authorized to inspect vehicles and issue official certificates of inspection. See 75 Pa.C.S. §  4721 (relating to appointment of official inspection stations).

 (b)  Certificate of appointment. The certificate of appointment will be issued only when the Bureau is satisfied that the station is properly equipped and has certified personnel to make inspections and adjustments. Only those stations fulfilling Department requirements and complying with this chapter will be issued a certificate of appointment. Prior involvement with a suspended inspection station may be sufficient cause to deny appointment. The certificate of appointment at all times shall be conspicuously displayed at the place for which it is issued. See 75 Pa.C.S. §  4722 (relating to certificate of appointment).

 (c)  Certificate not assignable. A certificate of appointment shall be valid only for the person in whose name it is issued and for transaction of business at the place designated therein. A certificate of appointment shall not be assignable to another person or location.

 (d)  Valid certificate required. No person shall in any manner represent a place as an official inspection station unless the station is operating under a valid certificate of appointment issued by the Bureau.

 (e)  Inspection stations with common access. No certificate of appointment may be issued for operation by an official inspection station on the premises of another official inspection station which utilizes the same access. This prohibition does not apply if the inspection stations have separate internal accesses, though sharing common external access.

 (f)  Suspended inspection stations. No certificate of appointment shall be issued for operation of an official safety inspection station on the premises of an official safety inspection station which has been suspended, if the owner of the suspended station continues to conduct any type of business which utilizes the same access. This prohibition shall not apply if the station and the other business each have a separate internal access, though sharing a common external access.

 (g)  Cancellation of appointments. A certificate of appointment previously issued for a station which does not comply with the restrictions contained in subsection (e) or (f) will be cancelled April 28, 1983.

 (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 person—for example, station manager—to sign the application shall be attached thereto and attested to by a partner or a corporation or association officer.

 (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.

   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).

 After appointment, the owner of each inspection station shall prominently display signs required by the Bureau, including the following:

   (1)  A certificate of appointment for each type of station approved for the location.

   (2)  A sign clearly stating the fee for the certificate of inspection separate from the fee for inspection. The fee for inspection shall be the same whether the vehicle passes or fails. The fee for inspection shall include the cost of labor for the inspection, including pulling wheels, but it shall not include the cost of parts, repairs or adjustments. The sign shall clearly indicate the fee for different types of vehicles—for example, passenger cars, trucks and trailers—to the extent that the fee varies among vehicles. Fleet and Commonwealth stations are exempt from this requirement.

   (3)  A current list of certified inspection mechanics, Form TS-443.

   (4)  An official inspection station sign outside the garage, clearly visible to the public. This sign shall have a keystone design which is 24 inches high and 21 inches wide. The station number plate shall be 2 3/4 inches high and 13 3/8 inches wide. The background shall be navy blue with gold lettering. If hung from a bracket, the sign shall be double faced. A previously issued sign will still be permitted. Fleet and Commonwealth stations are exempted from this requirement.

   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).

 (a)  General. The following requirements apply to inspection areas:

   (1)  Except as provided in subsection (b)(1)(iii) and (3), the inspection area shall be entirely within a sound, enclosed building; shall be in good repair; and shall be kept in good condition.

   (2)  An anticipated alteration or change affecting the condition or size of the inspection area shall be reported to the inspection station supervisor at once.

   (3)  The floor shall be of a hard surface and in sound condition. Dirt floors will not be approved.

   (4)  The floor of the inspection area shall be level. No more than 1% slope from front to rear or side to side is acceptable.

   (5)  The inspection area shall be free from obstructions, including shelves, work benches, partitions, displays, machinery and stairways. If the inspection area or any part is located outside the building, the area shall also be kept clear of snow or other substances which would curtail or interfere with inspections.

   (6)  Hoists and lifts are permitted in the inspection area if a thorough and proper inspection can be performed.

 (b)  Minimum requirements. The following minimum dimensions apply to inspection areas:

   (1)  Commonwealth, fleet and general inspection stations:

     (i)   Twelve feet wide by 22 feet long, if the station uses an approved headlight aimer or tester.

     (ii)   Twelve feet wide by 43 feet long, if the station uses an approved headlight aiming screen.

     (iii)   A motor carrier vehicle may be inspected either as single unit or in combination if, in the case of a station meets the requirements of subparagraph (i), the inspection area has an additional unobstructed length of 42 feet or, in the case of a station meets the requirements of subparagraph (ii), an additional unobstructed length of 21 feet.

   (2)  Motorcycle inspection stations:

     (i)   Ten feet wide by 18 feet long, if the station uses an approved headlight tester.

     (ii)   Ten feet wide by 32 feet long, if the station uses an approved headlight aiming screen.

   (3)  Trailer inspection stations: 12 feet wide by 55 feet long.

 (c)  Inspections conducted in inspection area. An inspection shall be conducted entirely within the inspection area with the exception of the road test.

   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).

 (a)  General requirements. An inspection station shall have tools and equipment in good operating condition sufficient to inspect each type of vehicle to be inspected, including the following:

   (1)  Hammers—a ball-peen hammer, one plastic or brass hammer and one rubber hammer.

   (2)  A workbench.

   (3)  A portable light.

   (4)  Socket sets.

   (5)  Assorted open end and box end wrenches.

   (6)  Torque wrenches—foot-pound and inch-pound.

   (7)  Screw drivers—assorted.

   (8)  Pliers—assorted.

   (9)  Test light—continuity tester.

   (10)  Floor stands: four.

   (11)  Floor jack or hoist—wheels shall spin freely.

   (12)  Tire pressure gauge.

   (13)  Brake drum gauges.

   (14)  Micrometer gauges or thickness gauges, with measurements in 1/1000 inch, capable of measuring both the range of rotor thickness and the depth of the scores.

   (15)  A ball joint gauge—not required for recreation, utility and motorcycle stations.

   (16)  A tread depth gauge capable of indicating amount of usable tire tread in increments of 1/32 inch.

   (17)  A brake-lining gauge capable of indicating the amount of usable lining on both riveted and bonded lining in increments of 1/32 inch.

   (18)  An approved headlight testing device—SAE approved No. J600a for photo-electric type and J602c for mechanic aimers. Not required for recreational and utility trailer stations.

   (19)  A paper punch with a minimum diameter or width of 1/4 inch and a maximum diameter or width of 3/8 inch.

 (b)  Discontinued testers. An inspection station equipped with discontinued testers may continue to use them as long as they are in good working order and capable of testing all types of headlights.

   The provisions of this §  175.26 amended under the Vehicle Code, 75 Pa.C.S. § §  4103, 4521, 4524 and 6103.

   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).

   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.

 (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 mechanic’s 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 driver’s 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 driver’s license shall not include a learner’s 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)   A—Electronic speed-timing.

     (ii)   B—Mechanical speed-timing.

     (iii)   C—Speedometer.

     (iv)   D—Electrical-mechanical speed-timing.

 (h)  Mechanic card. The valid mechanic card shall be carried by the mechanic when performing an inspection.

   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).

   In reinstating the suspension of a municipality’s 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).

 (a)  Personal liability. It is the responsibility of the owner of an inspection station to do all of the following:

   (1)  To conduct the business of the official inspection station honestly and in the best interests of this Commonwealth, in accordance with the provisions of the Vehicle Code and this chapter, and, except in the case of a fleet or Commonwealth inspection station, to make every reasonable effort to inspect all vehicles upon request.

   (2)  To make official inspection regulations and supplements available for the use of certified inspection mechanics and other employes involved in inspection.

   (3)  To notify the inspection station supervisor and the Vehicle Control Division when a certified mechanic is hired.

   (4)  To keep current inspection records at the inspection station for examination and audit by the inspection station supervisor and other authorized persons.

   (5)  To keep, for a period of 2 years, duplicate copies of garage report sheets and certificate of inspection requisition forms for each inspection campaign.

   (6)  To assume full responsibility, with or without actual knowledge, for:

     (i)   Every inspection conducted by an employe of the inspection station.

     (ii)   Every inspection conducted on the premises.

     (iii)   Every certificate of inspection issued to the inspection station.

     (iv)   Every certificate of inspection issued by the inspection station.

     (v)   A violation of the Vehicle Code or this chapter related to inspections committed by an employe of the inspection station.

   (7)  To assure that each inspection is performed by an inspection mechanic certified to inspect that type of vehicle.

   (8)  To have available, at all times, a current certificate of inspection for all types of vehicles inspected at that station.

 (b)  Change of ownership. The following apply to change of ownership:

   (1)  In the case of a change of ownership, the certificate of appointment, all unissued certificates of inspection, and all inspection material shall be surrendered immediately to the inspection station supervisor. The new owner shall submit a Form MV-427 application to the Bureau. An investigation of the premises will be conducted by the inspection station supervisor.

   (2)  In the following circumstances, it shall not be necessary to surrender unissued certificates of inspection; however, no inspections shall be conducted until the new ownership has been approved and a new certificate of appointment issued:

     (i)   Creation, modification or termination of a partnership.

     (ii)   Incorporation of a business.

     (iii)   Transfer of the controlling interest in a corporation.

     (iv)   Transfer of ownership to a spouse, child or parent.

 (c)  Change of location. In the case of a change of location of an inspection station, all of the following apply:

   (1)  A Form MV-427 application shall be completed and submitted to the Bureau.

   (2)  An investigation of the premises will be conducted by the inspection station supervisor.

   (3)  Certificates of inspection will be audited by the inspection station supervisor and shall be retained by the station owner.

   (4)  No inspections shall be made at the new location until it has been investigated and approved and a new certificate of appointment issued by the Bureau.

   (5)  If the new location is not approved at the time of the investigation, the inspection station supervisor will pick up all current certificates of inspection and will retain them until the new location is approved.

 (d)  Discontinuance of business. Inspections shall be discontinued in any of the following circumstances:

   (1)  If the owner vacates, abandons or discontinues the inspection business. Immediate notice shall be provided to the Bureau and the inspection station supervisor. The inspection station supervisor will pick up the certificate of appointment and all certificates of inspection, records and other inspection materials and return them to the Bureau.

   (2)  If the owner is deceased. If a member of the family or partner wishes to continue the business, a new application for appointment shall be submitted to the Bureau.

   (3)  If the owner voluntarily discontinues the operation of an inspection station, the owner shall immediately notify the inspection station supervisor. Remaining inspection materials shall be returned to the inspection station supervisor.

 (e)  Notice required. The following events shall be reported at once to the inspection station supervisor and the Bureau; however, it is not necessary to discontinue inspections.

   (1)  Whenever certificates of inspection are damaged, lost or stolen.

   (2)  Whenever a certified mechanic or a person authorized to purchase certificates of inspection is dismissed or resigns.

   (3)  A change in the post office address of an inspection station, not location. The changes shall be reported at once on Form MV-427.

   (4)  A change of the company name, not ownership. The changes shall be reported at once on Form MV-427.

   (5)  When a person who signed the Form MV-427 application for a corporation is no longer in charge of the inspection station:

     (i)   A new Form MV-427 shall be submitted to the Bureau at once.

     (ii)   A new letter of authority is required for the person signing the Form MV-427.

   (6)  Whenever a person whose signature is on the signature card, Form MV-417, resigns or is relieved of inspection responsibilities, the owner shall request new signature cards from the Bureau at once. Upon receipt of new cards, the old cards shall be returned to the Bureau.

 (f)  Customer relations. The garage owner shall consult the vehicle owner for permission to make repairs.

   (1)  The permission may be established at the time the vehicle is brought to the station for inspection or after it is determined the repairs are needed.

   (2)  The vehicle owner shall be allowed to make his own repairs or to select anyone else he desires to do them for him.

   (3)  A part replaced as a result of inspection shall be retained until the vehicle is returned to the customer. The customer shall have the right to examine all replaced parts.

   (4)  The vehicle owner shall be informed in writing on the repair order of any parts which, although in passing condition, the mechanic believes may become dangerous before the next inspection period. The brake and tire readings shall be indicated in writing on the repair order. If a temporary inspection approval indicator is issued, the repair order shall also contain the following information:

     (i)   A statement which specifies that failure to return the vehicle displaying a renewed emission certificate of inspection to the station prior to the expiration of the safety certificate of inspection shall void the temporary inspection approval indicator and necessitate a complete reinspection of the vehicle for which a fee may be charged.

     (ii)   A statement indicating that the fee for affixing a new certificate of inspection which shall be charged upon the return of the vehicle for the new certificate of inspection to be affixed. This fee shall be no greater than the posted fee for the certificate of inspection as required by §  175.24(2) (relating to required certificates and station signs).

   The provisions of this §  175.29 amended under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

   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).

   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).

 (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.

   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).

   In reinstating the suspension of a municipality’s 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).

 (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.

 (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 ammeter—low range type.

 (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.

 (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.

   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.

 (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. § §  101—9701 (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 vehicle’s 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 driver’s 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 windshield—driver’s 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 side—traffic side—of the front fork.

     (ii)   On the left side—traffic side—of the front fender.

     (iii)   On a plate attached by weld or rivets to the left side—traffic side—of 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 front—traffic side—of 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 driver’s 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 vehicle’s 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.

   The provisions of this §  175.42 amended under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

   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).

 (a)  Fraudulent recording. Fraudulent recording of an inspection report sheet will be considered cause for suspension of inspection privileges.

 (b)  Signature. The certified mechanic who performed the entire inspection shall place his signature in the appropriate column of Form MV-431 or MV-480 immediately following the inspection. Both the mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall place their signatures in the appropriate column.

   (1)  When the inspection information is transferred from a work order to the Form MV-431 or MV-480 by anyone other than the certified mechanic who performed the inspection, the work order shall contain the certified mechanic’s signature and be retained for 2 years. The person who enters the information shall place the name of the certified mechanic in the appropriate column and the initials of the person putting the information on the form in the appropriate column. A mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall sign the work order. The person who transfers the information shall place the names of both certified mechanics in the appropriate column.

   (2)  A work order shall be available for inspection upon request by the inspection station supervisor or an authorized representative of the Department.

 (c)  Records retention. The original official inspection report sheet shall be retained as a garage record and kept on file at the station for 2 years. At the close of each inspection period, the official inspection report sheet shall be placed in the station’s files, even though all spaces may not have been used, and a new inspection report sheet shall be started for the new inspection period.

 (d)  Content. The inspection report sheet (Form MV-431 for passenger cars, trucks and buses or MV-480 for motorcycles and trailers) shall be neat and legible and completed in its entirety. Details pertinent to every vehicle inspected, including rejections, shall be recorded on the report sheet. Items inspected, adjusted or repaired shall be recorded. If the report sheet lists a piece of equipment which does not apply to the specific type of vehicle being inspected, a dash shall be placed in the column to indicate it has not been overlooked or neglected. Certificates of inspection issued shall be listed in numeric order.

   (1)  Temporary inspection approval indicators, if issued in lieu of a certificate of inspection, shall be recorded on a separate report sheet (Form MV-431) and shall be indicated in the area designated for the sticker number. This separate report sheet shall be completed as described in this subsection except a ‘‘T’’ shall be entered in the area designated for the sticker number to indicate that a temporary inspection approval indicator was issued. An inspection station may not impose a sticker charge for the issuance of a temporary inspection approval indicator.

   (2)  Upon the return of a vehicle for which a temporary inspection approval indicator has been issued, the station which originally affixed the temporary inspection approval indicator shall:

     (i)   Verify the year, make, body style, VIN and proof of financial responsibility for the vehicle presented for a renewed certificate of inspection to ensure it is the same vehicle indicated on the report sheet (Form MV-431) when the original inspection was performed. This information shall be recorded as a new entry on the regular report sheet (Form MV-431) where all inspection sticker serial numbers issued are recorded.

     (ii)   Record, on the Form MV-431, the serial number of the new certificate of inspection to be affixed to the vehicle along with the vehicle owner’s name, address, VIN, license plate number, vehicle year make and body style. A reference to the date and number of the original inspection performed shall be noted in the shaded area to the left of the area designated for the sticker serial number and total cost (that is, See T-inspection number 123 dated 01/01/97).

     (iii)   Enter, in the appropriate area of the report sheet (Form MV-431), the name of the certified inspection mechanic that verified the original inspection information and that is replacing the certificate of inspection.

   (3)  The certified inspection mechanic replacing the certificate of inspection shall sign the back of the new certificate of inspection and record the information from the original inspection entry (wheels pulled, date of inspection, and the like.) on the new certificate of inspection before it is affixed to the vehicle. The expiring certificate of inspection shall be removed prior to affixing the new certificate of inspection as described in paragraph (2).

   (4)  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:

     (i)   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.

     (ii)   The vehicle does not display a renewed emission certificate of inspection.

     (iii)   The original safety certificate of inspection has expired.

     (iv)   The vehicle is in an obviously unsafe condition, including, but not limited to, bald tires, exhaust leaks, broken glazing and broken or missing lighting.

 (e)  Nonrelated items. Gas, oil or other nonrelated items may not be included in total charges for repair and inspection.

 (f)  Classifications. The form numbers and colors listed in this subsection explain the general classification of vehicles to be recorded on each type of inspection record sheets:

   (1)  Form MV-431. Motor vehicles except motorcycles and motor-driven cycles shall be recorded on this form.

   (2)  Form MV-480. Trailer, motorcycle and motor-driven cycles shall be recorded on this form.

   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.

   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).

   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).

 (a)  Check for errors. When inspection stickers are received by the inspection station, they should be checked for errors. If errors are discovered, they shall be reported to the Vehicle Control Division at once.

 (b)  Not transferable. An inspection certificate is not transferable. It shall only be affixed to vehicles as designated on the inspection record sheet of the inspection station to which the certificates were issued.

 (c)  Removal. Except as provided in paragraphs (1) and (3), a certificate of inspection may not be removed from a vehicle for which the certificate was issued, except to replace it with a new certificate of inspection issued under this chapter and Chapter 177 (relating to emission inspection program).

   (1)  A person replacing or repairing a windshield in a manner that requires removal of a certificate of inspection shall, at the option of the registrant of the vehicle, cut out the portion of the windshield containing the certificate of inspection and deliver it to the registrant of the vehicle or destroy the certificate. The vehicle may be driven up to 5 days if it displays the portion of the old windshield containing the certificate. Within the 5-day period, an official inspection station may affix to the vehicle another certificate of inspection for the same period without reinspecting the vehicle in exchange for the portion of the old windshield containing the certificate of inspection. Example: A #1 certificate of inspection shall be replaced with a #1 certificate of inspection. The replacement may be made any time prior to the expiration of the certificate of inspection. A fee of no more than $2 plus the fee paid to the Department for the certificate may be charged for exchanging the certificate of inspection.

     (i)   A replacement certificate of inspection may not be issued in the following circumstances.

       (A)   Acceptable proof of financial responsibility is not provided. For the purpose of this chapter, financial responsibility shall be proven by one of the following documents:

         (I)   A valid financial responsibility identification card issued in accordance with 31 Pa. Code (relating to insurance).

         (II)   The declaration page of a valid insurance policy.

         (III)   A valid self-insurance identification card.

         (IV)   A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.

         (V)   A valid insurance policy issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.

       (B)   The vehicle is in an obviously unsafe operating condition.

     (ii)   The portion of the windshield containing the certificate of inspection may be retained for audit by the inspection station supervisor.

     (iii)   Record all information from the old certificate of inspection on Form MV-431. The replacement certificate of inspection shall be recorded on the same Form MV-431 and marked ‘‘replacement sticker issued.’’

     (iv)   ‘‘Replacement’’ shall be marked on the reverse side of the replacement certificate of inspection.

   (2)  Only one current, valid certificate of inspection shall be visible on a vehicle. The old certificate of inspection shall be removed and completely destroyed before a new sticker may be affixed.

   (3)  A vehicle that has an expired emission certificate of inspection affixed and which no longer has an I/M Registration Indicator on the registration card, shall have the expired emission sticker removed by the safety inspection mechanic who is affixing a new safety certificate of inspection.

 (d)  Security. Inspection certificates and temporary inspection approval indicators shall be kept under lock and key in a safe place. The station owner shall be solely responsible for their safety and shall account for certificates of inspection and temporary inspection approval indicators issued to the station.

 (e)  Unused. Unused certificates of inspection for an expired period shall be retained by the inspection station until audited by the inspection station supervisor. The Department will refund 75% of the purchase price of the unused certificates of inspection after the audit has been completed.

 (f)  Issuance of certificates of inspection. Certificates of inspection will not be issued by the Bureau to anyone who cannot display an executed signature card, Form MV-417. The signature card may not be entrusted to anyone except an employe or other person for whom the inspection station owner or manager will accept full responsibility for certificates of inspection delivered to that person.

 (g)  New signature cards. A new signature card shall be ordered from the Vehicle Control Division immediately whenever one or more of the following occur:

   (1)  The station copy is lost or stolen. The loss shall be immediately reported to the Vehicle Control Division.

   (2)  An employe whose signature appears on the card is no longer employed by the station.

   (3)  The card is defaced, torn or illegible.

   (4)  A signature is to be added.

   The provisions of this §  175.43 amended under the Vehicle Code, 75 Pa.C.S. § §  4101, 4103(a), 4702, 4703, 4728 and 6103.

 (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.

   The provisions of this §  175.44 amended under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

 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).

   The provisions of this §  175.45 amended under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

   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.

 (a)  Schedule. The complete operation of an official inspection station is the responsibility of the owner. Failure to comply with the appropriate provisions of 75 Pa.C.S. § §  101—9821 (relating to the Vehicle Code) will be considered sufficient cause for suspension of inspection privileges. A violator is also subject to criminal prosecution.