[26 Pa.B. 1221]
[Continued from previous Web Page] § 177.424. General emission inspection stations.
(a) Eligibility. The designation, general emission inspection station, will be issued to stations that emission inspect all subject vehicles, if the station is so equipped.
(b) General requirements. An applicant for a general emission inspection station shall comply with this chapter unless specifically exempted.
(c) Certified enhanced emission inspection inspector. Each general emission inspection station shall have a certified enhanced emission inspection inspector present during normal business hours.
(d) Method of inspection. Subject vehicles shall be inspected consistent with this chapter by a certified emission inspection inspector.
§ 177.425. Security.
(a) Unlawful possession. No person may knowingly possess certificates of emission inspection which have been illegally purchased, stolen or counterfeited.
(b) Not transferable. Emission inspection stickers are not transferable. They shall only be affixed to the subject vehicle as recorded on the Exhaust Emission Analyzer and the Vehicle Emission Inspection Report sheet.
(c) Removal. No certificates of emission inspection may be removed from a vehicle for which the certificate was issued except to replace it with a new certificate of emission inspection issued under this chapter. This prohibition is not applicable to expired certificates of emission inspection on vehicles registered outside the designated areas. These expired certificates of emission inspection shall be removed only by a certified emission or safety inspection inspector.
(1) A person replacing a windshield or repairing a windshield in a manner which requires removal of a certificate of emission inspection shall, at the option of the registrant of the vehicle, cut out the portion of the windshield containing the emission certificate and deliver it to the registrant of the vehicle or destroy the emission certificate. The vehicle may be driven up to 5 days if it displays the portion of the old windshield containing the emission certificate. Within the 5-day period an appropriate official emission inspection station may affix to the vehicle another certificate of emission inspection for the same period without reinspecting the vehicle in exchange for the portion of the old windshield containing the certificate of emission inspection. A labor fee of no more than $2 may be charged for the exchanged certificate of emission inspection. The replacement may be made at any time prior to the expiration of the certificate of emission inspection.
(i) The portion of the windshield containing the certificate of emission inspection may be retained for audit by the inspection station investigator.
(ii) The replacement certificate of emission inspection shall be recorded on the appropriate record showing all information except inspection items.
(iii) ''Replacement'' shall be marked on the reverse side of the replacement certificate of emission inspection.
(2) A certificate of emission inspection may not be removed from a vehicle until a complete inspection has been made.
(3) Only one current, valid certificate of emission inspection shall be visible on a vehicle. The old certificate of emission inspection shall be removed and completely destroyed before a new sticker can be affixed after an inspection and approval.
(d) Lock and key. Emission inspection stickers 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 all emission certificates of inspection issued to the station.
(e) Unused. Unused certificates of emission inspection for an expired period shall be retained by the emission inspection station until audited by the inspection station investigator. After an audit is completed, the inspection station investigator shall destroy them.
(f) Issuance of emission certificates of inspection. Certificates of emission inspection will not be issued by the Bureau to anyone that has not been listed on an executed Authorized Agents for Receiving Stickers Form.
(g) Authorized agents for receiving stickers. The Authorized Agents for Receiving Stickers Form shall be completed upon receipt as instructed on the back side of the form and submitted within 1 day of receipt to the Vehicle Control Division whenever:
(1) An employe, whose signature appears on the form, is no longer employed by the station.
(2) The card is defaced, torn or illegible.
(3) An authorized agent is to be added.
§ 177.426. Ordering certificates of emission inspection.
(a) Requisitions. A properly completed Requisition For Official Inspection Sticker Form for certificates of emission inspection and a Sticker Insert Requisition Form for emission inserts shall be submitted to the Department. If certificates of emission inspection or sticker inserts 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.
(b) Contents. The following 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) If special delivery is desired, either shipping costs shall be paid by the station to the delivery agent upon receipt of the stickers, or if a sticker requisition is accompanied by a check for special delivery, the check shall be made payable to the ''Department of Transportation.''
(3) The Requisition for Official Inspection Sticker Form and Sticker Insert Requisition for Official Inspection Sticker Form and Sticker Insert Requisition Form shall be completed and forwarded to the Department.
(4) A copy of the requisition or a Department receipt will be returned with the order of certificates of emission inspection shipped from the Department. Station copies of 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 investigator or authorized representative of the Department.
(5) Certificates of emission inspection shall be ordered in multiples of 25, with a minimum order of 50 certificates, except that Commonwealth and fleet inspection stations shall order a minimum of 25 certificates.
(6) Incomplete or improper certificates of emission inspection requisitions shall be returned to the official emission inspection station for correction to avoid unnecessary inconvenience or delay. Information shall be rechecked very carefully.
(c) Inventory. Emission inspection stations should anticipate their need for additional certificates of emission inspection.
(d) (Reserved).
§ 177.427. Violations of use of certificate of emission inspection.
A person may not:
(1) Make, issue, transfer or possess any imitation or counterfeit of an official certificate of emission inspection.
(2) Display or cause to be displayed on a vehicle or have in possession a certificate of emission inspection knowing the same to be fictitious or stolen or issued for another vehicle or issued without an emission inspection having been made.
(3) Furnish, loan, give or sell certificates of emission inspection and approval to any official emission inspection station or other person except upon an emission inspection performed in accordance with this chapter.
QUALITY ASSURANCE § 177.431. Quality assurance.
Performance audits. The Department will conduct performance audits on a periodic basis to determine whether inspectors are correctly performing the tests and other required functions.
(1) Performance audits may be of two types:
(i) Overt performance audits which may include the following:
(A) A check for appropriate document security.
(B) A check to see that required recordkeeping practices are being followed.
(C) A check for licenses or certificates and other required display information.
(D) Observation and written evaluation of each inspector's ability to properly perform an inspection.
(ii) Covert performance audits which may include the following:
(A) Remote visual observation of inspector and inspection station personnel performance, which may include the use of binoculars or video cameras.
(B) Site visits using covert vehicles.
(C) Other activities deemed appropriate by the Department as necessary to maintain the level of quality assurance for the enhanced emission inspection program required by Federal law.
(2) The station owner and the employes of the station owner shall make available information requested by the Department and shall fully cooperate with Department personnel who conduct the audits and other authorized Commonwealth representatives or agents.
Subchapter E. EQUIPMENT MANUFACTURERS' AND CONTRACTOR'S REQUIREMENTS AND OBLIGATIONS EQUIPMENT MANUFACTURERS' REQUIREMENTS
Sec.
177.501. Equipment approval procedures. 177.502. Service Commitment. 177.503. Performance Commitment. 177.504. Revocation of Approval. CONTRACTOR OBLIGATIONS
177.521. Contractor obligations and responsibilities.
EQUIPMENT MANUFACTURERS' REQUIREMENTS § 177.501. Equipment approval procedures.
The manufacturer shall meet the following conditions for preliminary and final approval for participation in the enhanced emission inspection program.
(1) Preliminary approval. The following requirements shall be met for preliminary approval:
(i) The manufacturer shall provide a certified copy of BAR 90 approved certification of the analyzer to be used. If a BAR 90 approved certification is not possible, a certified document stating complete testing compliance with all BAR 90 test requirements shall be provided. Testing shall be completed by a reputable independent testing laboratory.
(ii) The manufacturer shall provide documentation that the automatic data collection system will meet the Pennsylvania Automatic Data Collection system requirements and provide flow descriptions and detailed operations with proposed screens for Automatic Data Collection requirements.
(iii) The manufacturer shall submit a description of the proposed methods the manufacturer or distributor will use to meet Department analyzer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(iv) The manufacturer shall provide a document that the dynamometer meets all Federal requirements for ASM test equipment as specified in 40 CFR, Part 85 (relating to control of air pollution from motor vehicles and motor vehicle engines), which is adopted by reference.
(2) Final approval. The following requirements shall be met for final approval:
(i) The manufacturer shall provide a certified copy of BAR 90 approved certification or a certified document stating complete testing compliance with BAR 90 test requirements by a reputable independent testing laboratory that completed the testing.
(ii) The manufacturer shall provide a certified document that the Automatic Data Collection system meets the Pennsylvania Automatic Data Collection system requirements and provide final flow descriptions and diagrams and final detailed operations with final screens.
(iii) The manufacturer shall provide test tapes and printed listing of the test information transmitted to include a minimum of 200 engine tests with a representative sample of all cut points. All cut points shall be tested.
(iv) The manufacturer shall provide a document that the dynamometer meets all Federal requirements for ASM test equipment as specified in 40 CFR, Part 85, which is adopted by reference.
(v) The manufacturer shall submit a certified signed statement that the description of the methods the manufacturer or distributor will use shall meet or surpass all Department analyzer and dynamometer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(3) Certification. A manufacturer shall cause a corporate officer with production management responsibility and a corporate officer with administration/operations management responsibility, if a corporation; the general partners, if a partnership; or the owner, if a sole proprietorship, to certify in writing and attest in affidavit form to the Department that the exhaust emission analyzer meets the specifications of this section and quality assurance and that the manufacturer meets or surpasses stated field requirements.
§ 177.502. Service commitment.
(a) Manufacturers and distributors shall provide the following service commitments:
(1) Supply equipment for sale, lease or rent as specified by the purchase order delivery date.
(2) Train, at no cost, on the initial visit for installation of the emission analyzer or dynamometer, or both, all certified enhanced emission inspection inspectors employed at the time of installation regarding the proper use of the analyzer or the dynamometer, or both, and provide, within 45 days of the request by a station owner or operator, onsite training for additional inspectors for a service fee.
(3) Provide or permit test standards or procedures utilized by test equipment to be modified consistent with Federal requirements for emission inspection programs.
(4) Provide maintenance on purchased equipment within 5 business days of an oral or written request from the station. A fee may be charged for this service.
(5) Visit each station at least every 3 months, no less than 80 calendar days and no greater than 95 calendar days from the previous visit--or in the case of the initial visit, from the delivery date of the equipment--to calibrate the analyzer or other equipment in accordance with Bureau procedures.
(b) Manufacturers and distributors shall offer to equipment purchasers the ability to contract for the following services for additional fees:
(1) Provide replacement equipment while servicing faulty equipment.
(2) Provide inspections, calibrations, training or maintenance or any combination thereof on a more frequent basis than specified in subsection (a).
(c) Manufacturers or distributors shall permit equipment purchasers to contract with other Department approved service providers for the services specified in subsection (b).
(d) All other Department approved equipment service representatives shall provide the following service commitments:
(1) Maintenance on equipment within 5 business days or an oral or written request from the station. A fee may be charged for this service.
(2) Replacement equipment while servicing faulty equipment. A fee may be charged for this service.
§ 177.503. Performance commitment.
(a) The manufacturer or distributor shall agree that, if it decides to discontinue participation in the program or if its name is removed from the list of approved manufacturers or distributors of emission analyzers by the Department, it will buy back all emission analyzers and dynamometers from the inspection stations which purchased them for an amount equal to the unamortized cost based on straight line amortization over the expected useful life of the analyzer.
(b) The manufacturer or distributor shall agree to provide a specific performance bond, irrevocable letter of credit, a certified check, or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable tothe Department in the amount of $1 million initially, and in the amount of an additional $400,000, for every 250 analyzers sold to Pennsylvania licensed emission inspection stations. This security will be used:
(1) To insure that money is available to reimburse licensed inspection stations for the reasonable value of existing emission analyzers and dynamometers in the event that the manufacturer or distributor goes out of business in this Commonwealth or is removed by the Department from the list of approved manufacturers or distributors for substantial failure to comply with the terms and conditions of the agreement or this chapter.
(2) To be used in part or in whole in the event of nonperformance or default of the manufacturer or distributor.
§ 177.504. Revocation of approval.
(a) The Department may, at any time, on the basis of manufacturer or distributor failure to comply with this chapter, Chapter 41 of the Vehicle Code (relating to equipment standards), or any contract or agreement between the manufacturer and the Department, revoke or suspend the manufacturer's or distributor's approval to provide new or replacement emission analyzers and dynamometers to Pennsylvania emission inspection stations, and may remove the manufacturer or distributor's name from the list of approved emission analyzers and dynamometers if the manufacturer or distributor has failed to make satisfactory progress toward correcting notice of failure within 30 calendar days after having received written notice by the Department.
(b) The following shall constitute, together or individually, a default under this subsection and may be cause for revocation of approval, termination of an agreement, or forfeiture of security provided in § 177.503(b) (relating to performance commitment):
(1) Failure of emission analyzer equipment or dynamometers, or both, provided by the manufacturer or distributor to licensed emission inspection stations to comply with the manufacturer's or distributor's approved application.
(2) Failure, on the initial visit for installation of the emission analyzer or dynamometer, or both, to train all certified enhanced emission inspection inspectors employed by the emission inspection applicant stations.
(3) Failure to provide optional contracted services to stations provided any of the listed optional contracted services are specified in the station/manufacturer contract.
(c) Other Department approved equipment service providers shall agree to provide a specific performance bond, irrevocable letter of credit, certified check or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department in the amount of $200,000.
CONTRACTOR OBLIGATIONS § 177.521. Contractor obligations and responsibilities.
(a) Services to be contracted. The Department intends to contract with a vendor to perform services, including inspection station audits, inspection test data collection, on-road testing and other quality assurance efforts needed to comply with Federal law. The vendor shall be responsible for providing all services as specified in contracts executed with the Department, which shall be available for public review.
(b) Subcontracts. The vendor may subcontract any of these services, with the approval of the Department, but the vendor shall be liable to the Department for the performance of the subcontractor.
(c) Personal liability. The contractor, or those acting as agents of the contractor, shall assume full responsibility for:
(1) Making records available to the Department quality assurance personnel and other authorized Commonwealth personnel during periodic audits.
(2) Providing to the Department, at no cost to the Department, the results of the emission tests conducted at enhanced emission inspection stations. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(3) Providing to the Department, at no cost to the Department, the results of inspection station audits and on-road testing. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(4) Maintaining copies of test results and other data in the event that there are problems with the online transmission. The copies may be discarded only after notification by the Department that data from the original transmission has been satisfactorily transferred for data processing.
(5) Using computer control of quality assurance checks and quality control charts whenever possible.
Subchapter F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE SCHEDULE OF PENALTIES AND SUSPENSIONS
Sec.
177.602. Schedule of penalties for emission inspection stations. 177.603. Schedule of penalties for emission inspectors. 177.604. Subsequent violations. 177.605. Multiple violations. DEPARTMENTAL HEARING PROCEDURE
177.651. Notice of alleged violation and opportunity for a Departmental hearing. 177.652. Official documents. RESTORATION AFTER SUSPENSION
177.671. Restoration of certification of an emission inspector after suspension. 177.672. Restoration of certification of an emission inspection station after suspension. REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD TESTING)
177.691. Registration Recall Committee
SCHEDULE OF PENALTIES AND SUSPENSIONS § 177.602. Schedule of penalties for emission inspection stations.
(a) 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 Offense Category 1 Issuance or possession of altered, forged, stolen or counterfeit certificate of inspection 1 year & $2,500 fine Permanent & $5,000 fine Furnish, lend, give, sell or receive a certificate of inspection without inspection 1 year & $2,500 fine Permanent & $5,000 fine Fraudulent recordkeeping 1 year & $2,500 fine Permanent & $5,000 fine Faulty inspection 3 months & $1,000 fine 1 year & $2,500 fine 3 years & $5,000 fine Category 2 Inspecting more than 12 subject vehicles per hour per emission inspection inspector 3 months 6 months 3 years Failure to produce records upon demand by inspection station investigator 3 months 6 months 1 year Inspection by uncertified inspector 3 months 6 months & $1,000 fine 1 year & $2,500 fine Unnecessary repairs for purpose of inspection 3 months 6 months 1 year Misstatement of fact 1 month 3 months 1 year Improper assigning of certificate of inspection 1 month 3 months 1 year Category 3 Improper security of certificate of inspection Warning 3 months 1 year Unclean inspection area Warning Warning 3 months Careless recordkeeping Warning Warning 3 months Required tools or equipment missing or broken Warning if tools are 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. Bad Check Warning, if amount due is paid within 10 days from date notified. If not, suspension until amount due 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 Failure to report discontinuance of business 1 year 2 years Permanent Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year
(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.
(1) The station owner bears the burden of proving that the station owner provided proper supervision of the employe 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.
(c) Point determination. When offering a point assessment, in lieu of a suspension, the Department will calculate points in the following manner:
(1) One point will be assessed for every 2 months of suspension which the Department would otherwise impose.
(2) A point assessment will not exceed 8 points for a single violation.
(3) If an inspection station is currently serving a suspension for a violation of this chapter, no point assessment will be made. A subsequent violation which occurs while a current suspension is being served, will result in a suspension that will run consecutively with the current suspension.
(d) Point suspension. The Department will suspend the privileges of an official inspection station for an accumulation of points whenever the station accumulates 10 or more points.
(1) The first occurrence of an accumulation of 10 points or more shall result in a suspension for 2 months for each point over 9 points; the second occurrence of an accumulation of 10 points or more shall result in a suspension for 4 months for each point over 9 points; the third occurrence of an accumulation of 10 points or more shall result in a suspension for 6 months for each point over 9 points.
(2) The fourth occurrence for an accumulation of 10 or more points shall result in a permanent suspension.
(3) Only suspensions issued as the result of an accumulation of points shall be counted in determining whether a suspension for points accumulation's is a second, third or fourth suspension.
(4) If the point record of a station has been reduced to zero, a subsequent accumulation of points that will result in the suspension of the station will be considered first, second, third and fourth suspensions.
(e) Warning. The Department may permit the station to consent to the acceptance of a warning in lieu of a first violation suspension, if the station owner appointee and supervisors were without knowledge of the violation and reasonably could not have known of the violation. The consent warning will only be issued to stations which have had no suspendable violations for 3 years prior to the date of the violation which is being considered. The station bears the burden of proving that it provided proper supervision of the employe who committed the violation but that its supervision could not have prevented the violation. Consent warnings replace the first violations suspension, and a second violation will be considered a second violation. Consent warnings will be issued only for the following types of violations:
(1) Furnishing, lending, giving, selling or receiving a certificate of inspection without inspection.
(2) Fraudulent recordkeeping.
(3) Improper recordkeeping.
(4) Faulty inspection.
(f) Voluntary discontinuance. A certificate of appointment will be cancelled by the Department whenever the owner voluntarily discontinues the operation of an emission inspection station. Remaining emission inspection materials shall be returned to the inspection station investigator upon request of the Department.
(g) Abandonment. A certificate of appointment will be cancelled by the Department, and inspection materials confiscated when the owner of record abandons the place of business and cannot be located.
(h) Sale of business. If an emission inspection station is sold or leased to a new owner, an application will not be considered while the station is suspended or restored pending an appeal of a suspension.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
