§ 177.253. Responsibility of the station owner for vehicles which fail the emission inspection.
(a) Owners or operators of vehicles that fail the emission inspection shall be provided with an emission inspection report as described in § 177.252 (relating to emission inspection report) as well as the consumer complaint procedure, including the telephone number of the quality assurance officer or the Vehicle Inspection Division.
(b) Owners or operators of vehicles that fail the emission inspection may challenge the results.
(1) A challenge regarding the performance or results of the test shall be made within 10 days of the failure of the emission inspection.
(2) A quality assurance officer or Department representative will function as a referee and will arrange to meet with the owner or operator of a vehicle that fails if requested.
(3) The referee will first determine whether test equipment functioned properly. If the test equipment is functioning correctly, the referee will determine whether proper test procedures were followed. If the equipment and procedures were correct and the vehicle still fails the inspection, the vehicle shall be brought into compliance prior to a retest. If the vehicle passes, a certificate of inspection will be affixed to the vehicle.
(4) If the referee determines that the test equipment malfunctioned, the equipment shall be brought into compliance prior to a referee test. If the equipment cannot be brought into compliance at this meeting, the owner or operator of the vehicle may request that the referee test be conducted at an alternate test location.
Source The provisions of this § 177.253 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial page (235274).
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