Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article VII - Vehicle Characteristics › Chapter 175 - VEHICLE EQUIPMENT AND INSPECTION › Subchapter D - SCHEDULE OF PENALTIES AND SUSPENSIONS: OFFICIAL INSPECTION STATIONS AND CERTIFIED MECHANICS › Section 175.51 - Cause for suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(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. (relating to Vehicle Code) will be
						considered sufficient cause for suspension of inspection privileges. A violator
						is also subject to criminal prosecution.
Duration of
									 Suspension
Type of
									 Violation
1st Violation
2nd
									 Violation
3rd and Subsequent Violation
(1)
Category 1
(i) Issuance or possession of altered, forged,
									 stolen or counterfeit certification of inspection
1
									 year
Permanent
(ii) Furnish, lend, give, sell or receive a
									 certificate of inspection without inspection
1
									 year
Permanent
(iii) Faulty inspection of equipment or
									 parts
2 months
1 year
3 years
(2) Category 2
(i) Fraudulent recordkeeping
1
									 year
Permanent
(ii) Improper recordkeeping
2
									 months
1 year
3 years
(iii) Failure to verify registration, title,
									 manufacturer's statement of origin, financial responsibility information, or
									 inspecting a vehicle with an expired registration or when valid proof of
									 financial responsibility has not been submitted.
2 months
4
									 months
1 year
(iv) Failure to affix certificate of inspection
									 immediately upon successful completion of the inspection
2
									 months
4 months
1 year
(v) Improperly assigning certificate of
									 inspection
2 months
4 months
1 year
(vi) Failure to produce records, certificates
									 of inspection, signature cards, certificate of appointment or mechanic card
									 upon demand by inspection station supervisor or authorized representative of
									 the Department
2 months or until produced
6 months or until
									 produced
1 year or until produced
(vii) Improper certificate of inspection
									 security
Warning
4 months
1 year
(viii) Careless
									 recordkeeping
Warning
4 months
6 months
(3) Category 3
(i) Inspection by mechanic with suspended,
									 revoked, cancelled or recalled operating privilege
2 months
6
									 months
1 year
(ii) Inspecting more than three motorcycles or
									 two other vehicles per hour
4 months
6 months
1 year
(iii) Inspection by uncertified
									 mechanic
4 months
6 months
1 year
(4) Category 4
(i) Misstatement of fact
2 months
4 months
1 year
(ii) Performing or indicating unnecessary
									 repairs for the purpose of passing an inspection
4 months
6
									 months
1 year
(iii) Performing repairs for the purpose of
									 passing an inspection without vehicle owner authori-zation
4 months
6 months
1 year
(iv) Unclean inspection area
2 months
4 months
6 months
(v) Required tools or equip-ment missing or
									 broken
Warning if tools are repaired or replaced; if not, suspension
									 until tools are repaired or replaced
2 months or until tools are
									 repaired or replaced, whichever is greater
6 months or until tools are
									 repaired or replaced whichever is greater
(vi) Bad check
Warning if amount due
									 is paid within 10 days from date notified. If not, suspension until amount due
									 is paid
2 months or until amount due is paid, whichever is greater
6 months or until amount due is paid, whichever is greater
(vii) Failure to report discontinuance of
									 business
1 year
3 years
Permanent
(viii) Failure to notify the Department of
									 changes of ownership, location or other changes affecting an official
									 inspection station
4 months
6 months
1 year
(ix) Failure to give a written receipt or work
									 order to customer, or to list required information on work order
2
									 months
4 months
1 year
(x) Failure to satisfy monetary penalties for
									 violations of Chapter 177 (relating to emission inspec-tion program) within 90
									 days of notification
Suspension until amount due is paid
2
									 months or until amount due is paid, whichever is greater
6 months or
									 until amount due is paid, whichever is greater
(b)
Assignment of points.
The Department will permit the station owner to consent to the acceptance of a
						point assessment for the station in lieu of suspension, if the station owner,
						manager, supervisor or other management level employe was without knowledge of
						the violation, and should not have known of the violation.
(1) The station owner bears the burden of
						proving that it provided proper supervision of the employe who committed the
						violation, but that supervision could not have prevented the
						violation.
(2) By accepting the
						assessment of points the station owner waives the right to appeal the
						Department's determination in the case to a court of record. If the station
						owner refuses to accept the point assessment, the Department will issue the
						suspension indicated in this subchapter.