[26 Pa.B. 1221]
[Continued from previous Web Page] § 177.603. Schedule of penalties for emission inspectors.
An emission inspector shall assume full responsibility for the inspector's acts as an emission inspector. 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. A violator may also be subject to criminal prosecution. After providing the emission inspector with an opportunity for a hearing, the Department may impose suspensions or penalties upon the emission inspector according to the following schedule of offenses for violations:
Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offense (1) Category 1. Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year Permanent Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year Permanent Fraudulent recordkeeping 1 year Permanent Faulty inspection 2 months & $100 fine 1 year & $500 Fine 3 years & $1,000 Fine (2) Category 2. Failure to produce records upon demand by quality assurance officer or other authorized Commonwealth representative or agent Suspension until records are produced Inspection by uncertified inspector 4 months 6 months 1 year Improper recordkeeping Warning 2 months 6 months Improper inspection Warning & $100 fine 2 months & $250 fine 6 months & $500 fine Improper assigning of certificate of emission inspection Warning 2 months 6 months Improper security of certificate of emission inspection Warning 2 months 6 months (3) Category 3. Unclean inspection area Warning 1 month 4 months Careless recordkeeping Warning 1 month 4 months Failure to give vehicle emission inspection test printout to customer Warning 1 month 4 months
§ 177.604. Subsequent violations.
Determination of second and subsequent violations will be made on the basis of previous violations in the same category within a 3-year period.
§ 177.605. Multiple violations.
If multiple violations are reviewed and considered at one Departmental hearing, the Department will impose separate penalties for each violation as required by the schedule of penalties. The Department may direct that a suspension be served concurrently or consecutively. Violations affecting more than one vehicle will be treated as separate violations.
DEPARTMENTAL HEARING PROCEDURE § 177.651. Notice of alleged violation and opportunity for a Departmental hearing.
Except for a penalty or sanction imposed under the contract between the Department and the contractor, a person charged by the Department's quality assurance officers or other authorized personnel to be in violation of this chapter or the Vehicle Code shall have the right to request a hearing regarding the charges. The hearing will be conducted in accordance with the following:
(1) The Department will provide written notice to a dealer, contractor, inspector or other employe of the contractor of the nature of the alleged violation and of the opportunity and procedure to request a Departmental hearing.
(2) The hearing, if requested, will take place within 14 days of the request.
(3) The hearing will be conducted by Department personnel at a site established by the Department.
§ 177.652. Official documents.
(a) Whenever an emission inspection station or inspector is suspended or cancelled, the Department may order the surrender, upon demand, to an inspection station investigator or authorized representative of the Department, of the following items:
(1) Inspector certification card.
(2) Other items pertaining to the certification of the emission inspector to conduct vehicle emission inspections.
(3) Inspection records.
(4) Certificate of appointment.
(5) Signature cards.
(6) Unused certificates of emission inspection
(7) Unused I/M monthly inserts.
(b) Certificates of emission inspection and records confiscated as the result of an investigation will be retained by the inspection station investigator. Certificates of emission inspection and records confiscated as the result of a suspension will be returned to the Department. They will be returned if inspection privileges are restored or the station is reappointed.
RESTORATION AFTER SUSPENSION § 177.671. Restoration of certification of an emission inspector after suspension.
An emission inspector who has had the privilege to conduct enhanced emission inspections suspended shall have the certification restored as follows:
(1) A certified emission inspector who has been suspended for a Category 1 violation or on two or more occasions for a violation of Category 2 or Category 3 under this chapter may not have the certification restored unless the emission inspector obtains classroom instruction and passes a written test and a tactile test according to procedures established by the Department.
(2) A certified emission inspection inspector who has not been previously suspended for a violation of Category 2 or Category 3 under this chapter will have the certification restored at the termination of the suspension.
§ 177.672. Restoration of certification of an emission inspection station after suspension.
(a) Restoration after suspensions. Stations that have had their privilege to inspect suspended shall be restored as follows:
(1) Stations that have been suspended as a result of a point accumulation will have their point total reduced to six points upon restoration.
(2) Additional points assessed against the station since the last violation resulting in a suspension will be added to the point record unless the station has served an additional suspension under § 177.602(c)(3) (relating to schedule of penalties for emission inspection stations).
(b) Removal of points. Points assessed against a station shall be removed at the rate of two points for each 12 consecutive months in which the station has not had any additional violations charged against it that could result in additional points. The 12-month period starts at the date of the last violation resulting in points or from the date of restoration of a suspension resulting form an accumulation of points, whichever occurred last.
(c) Subsequent violations. Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
(d) Multiple violations. In the case of multiple violations, considered at one time, the Department will impose separate penalties for each violation as required by the schedule. The Department may direct that a suspension be served concurrently. If the Department permits a station to accept points in lieu of a suspension, the points will be assigned for the more serious violation affecting each vehicle. Violations affecting more than one vehicle will be treated as separate violations.
(e) Application process. After a suspension has been served, inspection privileges will not be restored until an Official Emission Inspection Update/Official Emission Inspection Station Application has been received and processed by the Department. Upon receipt of an application for reappointment following a suspension of more than 3 months or more, a complete and thorough investigation by the inspection station investigator will be conducted to determine if the applicant qualifies for reappointment under the requirements of the Department. Other applications for reappointment are subject to investigation at the discretion of the Department.
REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD RESTING) § 177.691. Registration Recall Committee.
(a) Composition. The Registration Recall Committee (Committee) of the Department will consist of a Vehicle Registration Section manager, an Emission Inspection Section manager and the Director of the Bureau or a designee.
(b) Frequency of meetings of Registration Recall Committee. The Committee will meet on the first Monday of each month and as needed.
(c) Basis of recalling registrations. The Committee will recall the vehicle registration when the following conditions are met:
(1) The contractor forwards documentation to the Department that a subject vehicle has failed to pass an on-road emissions test.
(2) The vehicle owner or operator of the vehicle has failed to produce within 30 days of the failure of the on-road emission test evidence that the vehicle has passed a retest or evidence of an emission test waiver.
(d) Determination of the Committee. Upon a determination by the Committee that the subject vehicle had failed an on-road emission test and that the owner or operator of the subject vehicle had failed to produce evidence of a correction of the failure or a waiver, the Committee will issue a letter to the owner or operator of the subject vehicle recalling the vehicle registration until proof of passing an emission test or receiving a waiver has been submitted to the Department.
(e) Appeal. An appeal from the recall of vehicle registration under this section shall be commenced consistent with Chapter 491 (relating to administrative practice and procedure).
[Pa.B. Doc. No. 96-439. Filed for public inspection March 15, 1996, 9:00 a.m.]
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