Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article VII - Vehicle Characteristics › Chapter 177 - EMISSION INSPECTION PROGRAM › Subchapter F - SCHEDULE OF PENALTIES AND HEARINGPROCEDURE › SCHEDULE OF PENALTIES AND SUSPENSIONS › Section 177.602 - Schedule of penalties for emission inspection stations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Schedule of penalties
.
						  The complete operation of an official emission inspection station shall be the
						  responsibility of the owner. Failure to comply with the appropriate provisions
						  of the Vehicle Code or this chapter will be considered sufficient cause for
						  suspension of emission inspection privileges. In addition, violators are also
						  subject to criminal prosecution. Every general, fleet or Commonwealth emission
						  inspection station shall be subject to the following schedule of penalties and
						  suspension:
Duration of
										Suspension
Type of Violation
1st Offense
2nd Offense
3rd and Subsequent Offenses
Category 1 (Fraudulent
										Activities)
(i) Issuance or possession of altered,
										forged, stolen or counterfeit certificate of emission inspection
1
										year and $2,500 fine
Permanent and $5,000 fine
(ii) Furnish, lend, give, sell or receive a
										certificate of emission inspection without inspection
1 year and
										$2,500 fine
Permanent and $5,000 fine
(iii) Fraudulent recordkeeping
1
										year and $2,500 fine
Permanent and $5,000 fine
Category 2 (Improper
										Activities)
(iv) Faulty inspection
3 months and
										$1,000 fine
1 year and $2,500 fine
3 years and $5,000 fine
(v) Inspecting more subject vehicles per hour
										per emission inspection inspector than permitted by § 177.408(g)
3 months
6 months
1 year
(vi) Failure to produce records upon demand
										by Department quality assurance officer or other authorized Commonwealth
										representative or agent
3 months or until produced, whichever is
										greater
6 months or until produced, whichever is greater
1
										year or until produced, whichever is greater
(vii) Inspection by uncertified inspector
3 months
6 months and $1,000 fine
1 year and $2,500
										fine
(viii) Improper recordkeeping
2
										months
6 months
1 year
(ix) Improper inspection
Warning
2 months and $250 fine
6 months and $500 fine
(x) Requiring or indicating unnecessary
										repairs for purpose of inspection
3 months
6 months
1 year
(xi) Misstatement of fact
1 month
3 months
1 year
(xii) Improper assigning of certificate of
										inspection
1 month
3 months
1 year
(xiii) Failure to verify registration or
										emission inspecting a vehicle with an expired registration
2 months
4 months
6 months
(xiv) Failure to affix certificate of
										inspection immediately upon successful completion of the inspection
2
										months
4 months
6 months
Category 3 (Careless
										Activities)
(xv) Inspection by emission inspector with
										suspended, revoked, cancelled, expired or recalled vehicle operating privilege
2 months
4 months
6 months
(xvi) Inspection by emission inspector with
										expired inspector certification
Warning
4 months
6
										months
(xvii) Improper use of emission inspector
										certification
Warning
2 months and $250 fine
6
										months and $500 fine
(xviii) Improper security of certificate of
										inspection
Warning
3 months
1 year
(xix) Unclean inspection area
Warning
Warning
3 months
(xx) Careless recordkeeping
Warning
Warning
3 months
(xxi) Missing or broken tools
Warning, if repaired or replaced; if not, suspension until tools are
										repaired or replaced
1 month or until tools are repaired or replaced,
										whichever is greater
6 months or until tools are repaired or replaced,
										whichever is greater
(xxii) Bad Check
Warning, if amount
										due is paid within 10 days from date notified. If not, suspension until amount
										is paid
3 months or until amount due is paid, whichever is greater
6 months or until amount due is paid, whichever is greater
Category 4
										(Negligent)
(xxiii) Failure to report discontinuance of
										business
1 year
2 years
Permanent
(xxiv) Failure to notify the Department of
										changes of ownership, location or other changes affecting an official
										inspection station
3 months
6 months
1 year
(xxv) Failure to make emission inspection
										test printout available to customer
Warning
Warning and $100
										fine
1 month
(b)
Assignment of points
. If
						  the station owner, manager, supervisor or other management level employee was
						  without knowledge of the violation, the Department may permit the station owner
						  to consent to the acceptance of a point assessment for the station in lieu of
						  suspension.
(1) The station owner bears the
						  burden of proving that the station owner provided proper supervision of the
						  employee who committed the violation, but that the owner's 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 provided in this chapter
						  for the offense committed.