§ 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 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.

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 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).

   Vehicle inspections must be performed by a certified inspection mechanic. Department of Transportation v. Catanese, 515 A.2d 345 (Pa. Cmwlth. 1986); appeal denied 529 A.2d 1083 (Pa. 1987).



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