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Subchapter B. OFFICIAL INSPECTION STATIONS
Sec.
175.21. Appointment.
175.22. Making application.
175.23. Approval.
175.24. Required certificates and station signs.
175.25. Inspection area.
175.26. Tools and equipment.
175.27. Hours.
175.28. Certified inspection mechanics.
175.29. Obligations and responsibilities of stations.
175.30. Commonwealth inspection stations.
175.31. Fleet inspection stations.
175.32. Recreational and utility trailer inspection stations.
175.33. Motorcycle inspection stations.
175.34. General inspection stations.
Cross References The provisions of this § 175.21 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90273) to (90274).
§ 175.22. Making application.
(a) Form. The applicant shall file one copy of Form MV-427, Application for Designation as an Official Inspection Station, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance. Requirements shall be as follows:
(1) An applicant for a certificate of appointment shall furnish a bond on a form prescribed by the Department or proof of insurance as required by 75 Pa.C.S. § 4722(c) (relating to certificate of appointment).
(2) The bond or insurance shall be in the amount of $10,000 for each place of business and shall provide compensation to a vehicle owner for damage their vehicle may sustain while it is in possession of the inspection station.
(3) The bond or proof of insurance shall be renewed each year.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance.
(c) Specification of type. The application shall indicate the type of inspection station authorization applied for; that is, Commonwealth, general, fleet, recreational and utility trailer or motorcycle.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application.
(1) If a natural person, the applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, partnership or association, the application shall be signed by an officer, partner, associate or another person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the personfor example, station managerto sign the application shall be attached thereto and attested to by a partner or a corporation or association officer.
Source The provisions of this § 175.22 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90274) to (90275).
§ 175.23. Approval.
(a) Investigation. An inspection station supervisor will conduct an investigation of each applicant to determine full compliance with the Vehicle Code and this chapter.
(b) English comprehension. The applicant and each inspection mechanic shall be sufficiently versed in the English language to read and understand this title.
(c) Issuance of certificate. Upon approval of the application by the Bureau, a certificate of appointment shall be issued to the applicant for the place of business located within this Commonwealth, as set forth in the application. No inspections shall be made unless a certificate of appointment has been issued to and is prominently displayed at the official inspection station.
Source The provisions of this § 175.23 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90275).
Cross References The provisions of this § 175.24 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90275) and (77482).
Cross References The provisions of this § 175.25 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1979, effective December 9, 1979, 8 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77482) to (77483).
Cross References The provisions of this § 175.26 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524 and 6103.
Source The provisions of this § 175.26 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132838) to (132839).
Cross References This section cited in 67 Pa. Code § 175.32 (relating to recreational and utility trailer inspection stations); and 67 Pa. Code § 175.33 (relating to motorcycle inspection stations).
§ 175.27. Hours.
An inspection station shall be open for business a minimum of 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the inspection station supervisor. To be considered for a waiver of this section, 50% of the working hours shall be between 8 a.m. and 5 p.m. Monday through Friday. This section does not apply to Commonwealth or fleet inspection stations.
Source The provisions of this § 175.27 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77485).
§ 175.28. Certified inspection mechanics.
(a) General. An official inspection station shall have at least one certified inspection mechanic. Every inspection shall be performed by a certified inspection mechanic. The mechanic shall only inspect the type of vehicle for which he is certified. The mechanic signing the inspection sticker shall conduct and be responsible for the entire inspection of the vehicle, including the road test, except that the Department may exempt a mechanic from the requirement to perform a road test because of a physical disability. See 75 Pa.C.S. § 4726 (relating to certification of mechanics).
(b) Multiple stations. A certified inspection mechanic may work part time at more than one official inspection station if the mechanic notifies the inspection station supervisor and the Vehicle Control Division of the names and station numbers of all current employers. Failure to do so may result in suspension of the mechanics inspection privileges.
(c) Number of inspections. A certified mechanic may not inspect more than:
(1) Two vehicles other than motorcycles per hour.
(2) Three motorcycles per hour.
(d) Certification requirements. A mechanic desiring to become certified:
(1) Shall be 18 years of age or older.
(2) Shall have a valid drivers license for each class of vehicle which the mechanic will inspect; except that a certified mechanic who inspects school buses is not required to hold a Class 4 license but is required to hold a Class 2 or 3 license. For the purposes of this chapter, a valid drivers license shall not include a learners permit. A mechanic exempted from the requirement to perform the road test shall also be exempt from the requirement of this paragraph.
(3) Shall have attended an approved 9-hour certification course and successfully completed the required written examination.
(4) Shall pass the required tactile test administered by a certified/qualified automotive instructor at an approved education facility.
(e) Recertification. A mechanic shall be certified every 3 years by passing the required written examination within 180 days of receipt of notice from the Department that the mechanic card is due to expire.
(f) Prior certification. A mechanic card without an expiration date shall remain valid for 180 days after the date of notice to the mechanic to attend the certification course. Failure to complete the certification course and pass the required tests within 180 days will result in cancellation.
(g) Mechanic license codes. A mechanic will be issued the following codes for the types of vehicle the mechanic is authorized to inspect:
(1) Passenger cars, trucks 17,000 pounds or less, and trailers less than 10,000 pounds.
(2) Motorcycles.
(3) Trucks over 17,000 pounds, trailers over 10,000 pounds and buses.
(4) All vehicles.
(5) Codes 1 and 2.
(6) Codes 2 and 3.
(7) Codes 1 and 3.
(8) (Reserved).
(9) Electrical speed-timing:
(i) AElectronic speed-timing.
(ii) BMechanical speed-timing.
(iii) CSpeedometer.
(iv) DElectrical-mechanical speed-timing.
(h) Mechanic card. The valid mechanic card shall be carried by the mechanic when performing an inspection.
Source The provisions of this § 175.28 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; corrected April 23, 1982, effective May 9, 1981, 12 Pa.B. 1344; amended October 29, 1982, effective January 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective January 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77485) and (116045) to (116046).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
Although the Department has certified a mechanic under subsection (d)(2) of this section, as having a valid drivers license for each class of vehicles which the mechanic will inspect, an owner of an inspection station is responsible under 67 Pa. Code § 175.29(a)(6) (cited as (6)) for every inspection conducted by an employe of the inspection station. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
The provisions of this § 175.29 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of § 175.29 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862, corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221207) to (221210).
Notes of Decisions Careless recordkeeping is a lesser included offense of improper recordkeeping and no due process violation resulted from a finding of liability for lesser included offense in that accused was informed of substance of charge with reasonable certainty. Department of Transportation v. Tutt, 576 A.2d 1186 (Pa. Cmwlth. 1990).
Evidence supported finding owner strictly liable for actions of inspection station employes who altered the safety and emissions stickers; however, Department committed error by failure to consider point system penalty alternative. Strickland v. Department of Transportation, 574 A.2d 110 (Pa. Cmwlth. 1990).
As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
Receipt of a letter charging an owner of an inspection station with fraudulent record keeping puts that owner on constructive notice that the charge is of the same nature as a previous charge of fraudulent record keeping, and subsection (a)(2) requiring copies of regulations describing violations be available to all employes served notice, thus justifying imposition of a 3-year suspension even though the letter containing the second charge did not specify that the second offense was of the same nature as the first offense. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
An inspection station owner may be penalized for the violation of statutory provisions found in 67 Pa. Code § 175.29 (responsibilities of inspection station owners), as well as by the law of agency, by an employee acting within the scope of his authority, even though the employe acted disobediently and the owner had no reason to anticipate such misconduct. Department of Transportation v. Cox, 476 A.2d 1012 (Pa. Cmwlth. 1984).
The provisions of 67 Pa. Code § 175.29(a)(6)(cited as (6)) must be construed that an owner is responsible, with or without his knowledge, for acts conducted by his employe relating to inspections only where the employe acted within his scope of employment. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
§ 175.30. Commonwealth inspection stations.
(a) Eligibility. This designation will be issued to stations owned and operated by:
(1) The Federal Government.
(2) The Commonwealth.
(3) A political subdivision of the Commonwealth.
(b) General requirements. An applicant for a Commonwealth inspection station shall meet the requirements of this chapter, unless specifically exempted, including the specific requirements for fleet stations.
(c) Certified inspection mechanic. Each official Commonwealth inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(d) Method of inspection. A Commonwealth inspection station shall inspect and issue certificates of inspection only to vehicles registered in the name of the governmental body.
(e) Certificates of inspection. No fee may be charged for certificates of inspection requisitioned by Commonwealth inspection stations.
Source The provisions of this § 175.30 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122828).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
§ 175.31. Fleet inspection stations.
(a) Eligibility. Eligibility requirements are as follows:
(1) A fleet inspection station owner shall own or lease at least 15 or more vehicles.
(2) The certificate of appointment shall authorize inspection of only those vehicles registered or leased by the fleet inspection station owner. Privately owned or registered vehicles of company officers and employes may not be inspected at a fleet inspection station even if they are used for business purposes.
(3) The inspection certificate shall be cancelled if the number of vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Certified inspection mechanic. Each fleet inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(c) Requirements. Requirements shall include the following:
(1) An applicant for a fleet inspection station shall meet the requirements of this chapter, unless specifically exempted.
(2) In addition to the minimum inspection area requirements of § 175.25(b)(1)(i) (relating to inspection area), the inspection area shall be large enough to accommodate the largest vehicle to be inspected at the fleet inspection station.
Source The provisions of this § 175.31 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122828) to (122829).
§ 175.32. Recreational and utility trailer inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect trailers.
(b) Requirements. An applicant for a trailer station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. Each trailer inspection station shall have a mechanic certified to inspect trailers present during normal business hours.
(d) Record sheets. Inspections of trailers shall be recorded on Form MV-480. Inspection of recreational trailers shall be recorded on separate Form MV-480 report sheets.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), trailer stations shall have an ammeterlow range type.
Source The provisions of this § 175.32 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122829).
§ 175.33. Motorcycle inspection stations.
(a) Eligibility. This designation shall be issued to stations that inspect only motorcycles.
(b) General requirements. A motorcycle inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A motorcycle inspection station shall have a mechanic certified to inspect motorcycles present during normal business hours.
(d) Record sheets. A motorcycle inspection shall be recorded on Form MV-431.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), a motorcycle station shall have the following additional tools:
(1) A spoke wrench.
(2) A truing stand.
(3) A photo-electric type aimer or approved headlight aiming screen.
(f) Exemption. A motorcycle station is not required to have floor jacks or a floor stand.
Source The provisions of this § 175.33 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122829) to (122830).
§ 175.34. General inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect vehicles if the station is so equipped.
(b) General requirements. An applicant for a general inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A general inspection station shall have a certified mechanic present during normal business hours.
(d) Method of inspection. A vehicle shall be inspected according to this chapter by a mechanic certified to inspect the appropriate class of vehicle.
Source The provisions of this § 175.34 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122830).
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