Subchapter C. CERTIFICATE OF INSPECTION

§ 175.41. Procedure.

 (a)  Unauthorized display of certificate of inspection. No certificate of inspection or temporary inspection approval indicator may be marked or affixed to a vehicle unless the vehicle has successfully passed inspection, meeting the requirements of 75 Pa. C.S. § §  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).