PROPOSED RULEMAKING
[ 67 PA. CODE CH. 175 ]
Vehicle Equipment Standards and Safety Inspection Process
[42 Pa.B. 4704]
[Saturday, July 28, 2012]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 4103, 4301, 4501, 4521 and 6103, proposes to amend Chapter 175 (relating to vehicle equipment and inspection) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of Chapter 175 is to establish vehicle equipment standards, including lighting, brakes and other devices, and to regulate the vehicle equipment safety inspection process.
Purpose of the Proposed Rulemaking
The purpose of the proposed amendments to Chapter 175 is to revise equipment and inspection standards, including the frequency of inspection, coordination of inspection with vehicle registration, hours of operation of official inspection stations, certification of inspection mechanics, recording inspections, windshield replacement procedures, ordering inspection stickers, cause for suspension of inspection privileges, bumper height, rear wheel shields, mirrors, tire size, pedalcycle racks, exhaust systems, motorcycle handlebars and street rod equipment requirements.
Summary of Significant Amendments
Proposed amendments to § 175.2 (relating to definitions) add the terms ''collectible motor vehicle'' and ''mass transit vehicle'' because these terms are used in Chapter 175 and not defined. The term ''renewed emissions certificate of inspection'' is proposed to be added and is necessary to accommodate changes in the method by which inspection stations determine if a vehicle may receive a safety inspection.
Further proposed amendments to § 175.2 delete the language defining some terms and adopt by reference the definitions of those terms as defined in 75 Pa.C.S. § 102 (relating to definitions). The definition of ''subject vehicle'' is proposed to be amended by changing the gross vehicle weight rating at which gasoline powered vehicles are subject to emissions inspection to reflect corresponding changes in the emissions inspection program.
Proposed amendments to § 175.5 (relating to semiannual inspection) reflect amendments to 75 Pa.C.S. (relating to Vehicle Code) (code) changing the frequency of inspection for trailers having a registered gross weight in excess of 10,000 pounds from semiannual to annual. The proposed definition of ''mass transit vehicle'' coincides with the requirements of the code. The section further clarifies semiannual inspection requirements for certain motor carrier vehicles.
Proposed amendments to § 175.6 (relating to annual inspection) include motor homes as a vehicle type and to clarify that vehicles built on a truck chassis have to be inspected according to the inspection criteria for a truck based on the registered gross weight of the vehicle.
Proposed amendments to § 175.11 (relating to coordination of safety and emission inspection) are a result of the elimination of the requirement to coordinate safety and emissions inspection expirations to match the vehicle registration expiration. Previously, a vehicle owner was required to obtain a renewed emissions inspection sticker prior to receiving a safety inspection sticker. Because these sticker expirations are no longer required to match, the Department finds it necessary to redefine the conditions under which an emissions inspection is a prerequisite to a safety inspection.
Proposed amendments to § 175.27 (relating to hours) reflect changes to the code regarding the hours of operation of official inspection stations. These proposed amendments specify the conditions under which an inspection station qualifies for a waiver from the required 40 hours per week hours of operation.
Proposed amendments to § 175.28 (relating to certified inspection mechanics) address the need for inspection mechanics to have a valid driver's license for the types of vehicles the mechanic wishes to inspect, to perform inspections and to address school bus, occupational and probationary licenses for inspection mechanics. Proposed amendments to this section delete the reference to the length of time required for the mechanic certification course and to extend the recertification requirements to not more than 5 years. Subsection (g) is proposed to be amended to replace the list of mechanic codes with a table for clarification and to add a new mechanic license code. The section is proposed to be amended to provide for the certification of nonmechanics to perform document review for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title.
Proposed amendments to § 175.29 (relating to obligations and responsibilities of stations) reflect terms more commonly used in the industry, specifically receipts and work orders.
Proposed amendments to § 175.33 (relating to motorcycle inspection stations) correct a form number.
Proposed § 175.35 (relating to enhanced vehicle safety inspection stations) addresses the requirements for enhanced vehicle safety inspection stations.
Proposed amendments to § 175.41 (relating to procedure) delete references to the coordination of inspection and vehicle registration expirations. This proposed amendment is a result of amendments to the code that eliminated this requirement. Additionally, proposed amendments to this section make it clear that an inspection certificate or temporary inspection approval indicator shall be affixed immediately after successful completion of the inspection.
Proposed amendments to § 175.42 (relating to recording inspection) permit official inspection stations to maintain inspection records electronically provided they are able to comply with the regulatory requirements regarding recordkeeping. Proposed amendments to this section also require official inspection stations to retain inspection records (paper or electronic) until they are audited by an authorized representative of the Department. Proposed amendments to this section accommodate the use of an electronic data collection and storage program. This information will serve as an added tool for the industry.
Proposed amendments to §§ 175.43 and 175.44 (relating to security; and ordering certificates of inspection) delete references to obsolete form MV-417 (signature card) and reflect the current process for authorizing purchasers of inspection stickers.
Proposed amendments to § 175.44 delete the required minimum number of inspection stickers which may be ordered by an official inspection station.
Proposed amendments to § 175.51 (relating to cause for suspension) add a penalty to the schedule of penalties for official safety inspection stations and certified mechanics. This additional penalty authorizes the suspension of safety inspection privileges for nonpayment of emissions inspection fines owed to the Department.
Proposed amendments to § 175.66 (relating to lighting and electrical systems) authorize the use of laser guided systems during highway maintenance operations. The use of these systems allows the vehicle operator to more closely determine the position of highway maintenance equipment thus helping to reduce property damage. A similar amendment is proposed in § 175.96 (relating to lighting and electrical systems).
Proposed amendments to § 175.78 (relating to chassis) delete standards regarding bumper height that were determined to be overly complex and unworkable. A simpler standard is proposed. This section was further proposed to be amended by deleting the requirement for rear wheel shields. These proposed amendments also appear in § 175.80 (relating to inspection procedure).
Proposed amendments to § 175.80 allow additional forms of vehicle identification to be presented for the purpose of inspecting vehicles that are owned by a licensed dealer. This proposed amendment also appears in §§ 175.110, 175.130, 175.160, 175.190 and 175.220.
Proposed amendments to § 175.80 delete standards regarding bumper height that were determined to be overly complex and unworkable. A simpler standard is proposed.
Proposed amendments to § 175.80 add language regarding acceptable tire size. Similar proposed amendments also appear in §§ 175.110, 175.130, 175.160, 175.174 and 175.190.
Proposed amendments to § 175.96 permit the use of pedalcycle racks on the front of public buses. This proposed amendment is the result of a change to 75 Pa.C.S. § 4537 (relating to device used to carry pedalcyles). A similar proposed amendment also appears in § 175.110 (relating to inspection procedure).
Section 175.105(b)(5)(i) (relating to exhaust systems) is proposed to be deleted. The effectiveness of this paragraph was postponed indefinitely. Language establishing effective dates in subparagraphs (ii) and (iii) is also proposed to be deleted. Similar amendments appear in § 175.110(d)(6)(viii).
Proposed amendments to § 175.110(a) include additional provisions for verification of ownership of vehicles presented for inspection by a dealer. Section 175.110(d)(6)(viii)(A) is proposed to be deleted. The effectiveness of this clause was postponed indefinitely. Language establishing effective dates in clauses (B) and (C) is also proposed to be deleted.
Proposed amendments to § 175.130 (relating to inspection procedure) include additional provisions for verification of ownership of vehicles presented for inspection by a licensed dealer. Language regarding acceptable tire size is also proposed to be added.
Proposed amendments to § 175.143 (relating to steering) delete requirements regarding acceptable heights for motorcycle handlebars and add provisions allowing steering wheels on motorcycles. Similar proposed amendments also appear in §§ 175.160, 175.172 and 175.190 (relating to inspection procedure; steering; and inspection procedure).
Proposed amendments to § 175.146 (relating to lighting and electrical systems) prohibit the use of ornamental lamps unless they were available as original equipment or are auxiliary lighting used to protect the driver as permitted by 75 Pa.C.S. § 4310 (related to motorcycle lighting). This proposed amendment also appears in § 175.175 (relating to lighting and electrical systems).
Proposed amendments to § 175.208 (relating to body) exempt street rods from requirements regarding hoods, fenders and bumpers. A similar proposed amendment also appears in §§ 175.209 and 175.220 (relating to chassis; and inspection procedure). This proposed amendment is a result of changes to the code regarding required equipment on street rods.
Persons and Entities Affected
This proposed rulemaking will affect owners of vehicles subject to inspection, official inspection stations, certified inspection mechanics and law enforcement personnel.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of any additional funds by the Commonwealth or local municipalities. This proposed rulemaking may impose additional costs on vehicles owners to bring their vehicles into compliance with these regulations. The proposed amendments will not require the completion of any additional forms, reports or other paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 17, 2012, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the public comment period. The Department is not establishing a sunset date for these regulations since these regulations are needed to administer provisions required under the code. The Department, however, will continue to closely monitor these regulations for effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Anita Wasko, Director, Bureau of Motor Vehicles, Department of Transportation, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104 within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin
Contact Person
The contact person for technical questions about the proposed rulemaking is Kristen Singer, Manager, Vehicle Inspection Division, Department of Transportation, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104, (717) 787-2171.
BARRY J. SCHOCH, P.E.,
SecretaryFiscal Note: 18-425. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 175. VEHICLE EQUIPMENT AND INSPECTION
Subchapter A. GENERAL PROVISIONS § 175.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
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Antique motor vehicle—[A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer's specifications and registered with the Department as an antique motor vehicle] The term as defined in 75 Pa.C.S. § 102 (relating to definitions).
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Collectible motor vehicle—The term as defined in 75 Pa.C.S. § 102.
Combination—[Two or more vehicles physically interconnected in tandem] The term as defined in 75 Pa.C.S. § 102.
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Department—[The Department of Transportation of the Commonwealth] The term as defined in 75 Pa.C.S. § 102.
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Driveaway-towaway operation—[An operation in which a motor vehicle, trailer or semitrailer, singly or in combination, constitutes the commodity being transported, when one set or more of wheels of the vehicle are on the highway during the course of transportation, whether or not the vehicle furnished the motive power] The term as defined in 75 Pa.C.S. § 102.
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Essential parts—[Integral and body parts of a vehicle of a type required to be registered under the Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model type or mode of operation] The term as defined in 75 Pa.C.S. § 102.
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Farm [truck] vehicle—[A truck determined by the Department to be used exclusively for agricultural purposes] The term as defined in 75 Pa.C.S. § 102.
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Fleet owner—[A person, or a Federal, State, or local government agency or authority owning or leasing 15 or more vehicles who or which provides servicing and repair of the vehicles] The term as defined in 75 Pa.C.S. § 102.
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Foreign vehicle—[A vehicle of a type required to be registered under the Vehicle Code brought into this Commonwealth from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this Commonwealth] The term as defined in 75 Pa.C.S. § 102.
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GCWR—[gross] Gross combination weight rating—[The value specified by the manufacturer as the loaded weight of a combination] The term as defined in 75 Pa.C.S. § 102.
GVWR—[gross] Gross vehicle weight rating—[The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle] The term as defined in 75 Pa.C.S. § 102.
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Gross weight—[The combined weight of a vehicle or combination of vehicles and its load and driver] The term as defined in 75 Pa.C.S. § 102.
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House trailer—[Includes the following:
(i) A trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways.
(ii) A trailer containing chassis and exterior shell designed and constructed for use as set forth in subparagraph (i) but which is used permanently or temporarily for advertising sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property] The term as defined in 75 Pa.C.S. § 102.
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Manufacturer—[A person engaged in the business of constructing or assembling vehicles, motors or bodies of vehicles] The term as defined in 75 Pa.C.S. § 102.
Mass transit vehicle—The term as defined in 75 Pa.C.S. § 102.
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Mobile home—[A trailer designed and used exclusively for living quarters or commercial purposes which exceeds the maximum size limitations prescribed by this title for operation on a highway and is only incidentally operated on a highway, including a unit transported on a removable or nonremovable frame designed so as to be assembled together with another unit or units into a structure which is used exclusively for living quarters—commonly known as a ''modular unit''] The term as defined in 75 Pa.C.S. § 102.
Modular housing undercarriage—[A trailer which is used to transport a modular housing unit] The term as defined in 75 Pa.C.S. § 102.
Modular housing unit—[A unit on a removable or nonremovable frame designed for residential or commercial purposes which is wholly or in substantial part fabricated, formed or assembled in manufacturing facilities for assembly and installation on the building site] The term as defined in 75 Pa.C.S. § 102.
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Motorcycle—[A motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground] The term as defined in 75 Pa.C.S. § 102.
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Motor home—[A motor vehicle designed or adapted for use as a mobile dwelling or office, except a motor vehicle equipped with a truck camper] The term as defined in 75 Pa.C.S. § 102.
Motorized pedalcycle—[A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission and a maximum design speed of no more than 25 miles per hour] The term as defined in 75 Pa.C.S. § 102.
Motor vehicle—[A vehicle which is self-propelled except one which is propelled solely by human power or by electric power obtained from overhead trolley wires but not operated upon rails] The term as defined in 75 Pa.C.S. § 102.
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Pedalcycle—[A vehicle propelled solely by human-powered pedals] The term as defined in 75 Pa.C.S. § 102.
Person—[A natural person, firm, copartnership, association or corporation] The term as defined in 75 Pa.C.S. § 102.
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Recreational trailer—[A trailer designed, adapted and used exclusively for recreational purposes] The term as defined in 75 Pa.C.S. § 102.
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Registration—[The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates] The term as defined in 75 Pa.C.S. § 102.
Renewed emissions certificate of inspection—An emissions certificate of inspection that remains valid for more than 90 days.
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Secretary—[The Secretary of Transportation of this Commonwealth] The term as defined in 75 Pa.C.S. § 102.
Semitrailer—[A trailer constructed so that some part of its weight rests upon, or is carried by, the towing vehicle] The term as defined in 75 Pa.C.S. § 102.
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Special mobile equipment—[A vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth-moving and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels and drag lines: and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached] The term as defined in 75 Pa.C.S. § 102.
Specially constructed vehicle—[A vehicle not originally constructed by a generally recognized manufacturer of vehicles under a distinctive name and materially altered from its original construction but assembled from parts of various vehicles and kits and which would be commonly known as a ''homemade'' vehicle] The term as defined in 75 Pa.C.S. § 102.
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Street rod—[A motor vehicle, but not a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds] The term as defined in 75 Pa.C.S. § 102.
Subject vehicle—A gasoline powered vehicle with a gross vehicle weight rating of [11,000] 9,000 pounds or less, moved upon a highway and registered or titled in a designated area, as defined in Chapter 177 (relating to emission inspection program), except any of the following:
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Suspend—[To withdraw temporarily by formal action of the Department a license, registration or privilege issued or granted by the Department. Following a period of suspension, the Department will restore the license, registration or privilege] The term as defined in 75 Pa.C.S. § 102.
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Taxi—[A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, on a call and demand service and used for the transportation of persons for compensation] The term as defined in 75 Pa.C.S. § 102.
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Tire width—[The linear distance between the exteriors of the sidewalls of an uninflated tire, excluding elevations due to labeling, decoration or protective sidebands] The term as defined in 75 Pa.C.S. § 102.
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Trailer—[A vehicle designed to be towed by a motor vehicle] The term as defined in 75 Pa.C.S. § 102.
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Truck—[A motor vehicle designed, used or maintained primarily for the transportation of property] The term as defined in 75 Pa.C.S. § 102.
Truck-camper—[A structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space] The term as defined in 75 Pa.C.S. § 102.
Truck tractor—[A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn] The term as defined in 75 Pa.C.S. § 102.
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Utility trailer—[A trailer, except a recreational trailer, which does not have air brakes] The term as defined in 75 Pa.C.S. § 102.
VIN—Vehicle identification number—[A combination of numerals or letters, or both, which the manufacturer assigns to a vehicle for identification purposes or, in the absence of a manufacturer-assigned number, which the Department assigns to a vehicle for identification purposes] The term as defined in 75 Pa.C.S. § 102.
[Vaporizer—A device that converts liquified natural gas and liquified petroleum gas to the gaseous state by means of heat.]
Vehicle—[Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks] The term as defined in 75 Pa.C.S. § 102.
Vehicle [Control] Inspection Division—The area of the Bureau which administers vehicle equipment and inspection matters.
§ 175.5. Semiannual inspection.
School buses, [passenger vans] vehicles which are under contract with or owned by a school district or a private or parochial school[—], including vehicles having chartered group and party rights under the Public Utility Commission[—] and used to transport school students; passenger vans used to transport persons for hire or owned by a commercial enterprise and used for the transportation of employees to or from their place of employment; [trailers having a registered gross weight in excess of 10,000 pounds;] mass transit vehicles and motor carrier vehicles with a registered gross weight in excess of 17,000 pounds other than farm vehicles for which a biennial certificate of exemption has been issued shall be subject to semiannual inspection.
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§ 175.6. Annual inspection.
Other vehicles, including motor homes, emergency vehicles and private noncommercial vehicles used to transport students, shall be inspected annually. Motor homes and emergency vehicles built on a truck chassis shall be inspected according to the appropriate truck inspection procedure based on the registered gross weight of the vehicle.
§ 175.11. Coordination of safety and emission inspection.
(a) All subject vehicles required to participate in the [Enhanced] Emission I/M Program shall display on the vehicle a renewed emission certificate of inspection prior to placement of a renewed safety certificate of inspection.
(b) Upon successful completion of a safety inspection, a certificate of inspection may be affixed to the vehicle if the vehicle's emissions certificate of inspection is valid for more than 90 days from the date of the safety inspection.
(c) If the emissions certificate of inspection expires in less than 90 days from the date of the safety inspection, the vehicle shall receive a renewed emissions certificate of inspection prior to a renewed safety certificate of inspection being affixed.
(d) A temporary inspection approval indicator may be used to designate vehicles which have successfully passed the required periodic safety inspection, but must display a renewed emission certificate of inspection, or obtain an official waiver, prior to placement of the renewed safety certificate of inspection.
(e) Under this chapter, the expiring safety certificate of inspection may be replaced with a new safety certificate of inspection at any time prior to the expiration of the certificate of inspection to which the temporary inspection approval indicator is affixed. The temporary inspection approval indicator does not extend the inspection expiration of any certificate of inspection to which it is affixed.
Subchapter B. OFFICIAL INSPECTION STATIONS § 175.27. Hours.
(a) An inspection station shall be open for business a minimum of 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the inspection station supervisor. To be considered for a waiver of this section, [50% of the working hours shall be between 8 a.m. and 5 p.m.] the inspection station shall be open for business at least 10 business hours between 7 a.m. and 8 p.m. Monday through Friday. A request for a waiver of this section shall be submitted on a form provided by the Department. A waiver of this section may be denied or revoked for any of the following reasons:
(1) A violation of this chapter was committed by the inspection station owner, manager, a certified inspection mechanic or other employee at the station within 3 years immediately preceding a request for a waiver.
(2) The station owner, manager, a certified inspection mechanic or other employee at an inspection station that has been granted a waiver of this section commits a violation of this chapter after the waiver has been granted.
(3) Station personnel currently employed or hired have been or are currently suspended for a violation of this chapter.
(4) The Department or a designee is unable, on two attempts on two different business days, to perform an official visit, including a periodic records audit, during the hours specified in the approved waiver.
(5) An inspection station fails to be in operation during the hours specified in the waiver.
(6) An inspection station fails to comply with this section.
(b) This section does not apply to Commonwealth or fleet inspection stations.
§ 175.28. Certified inspection mechanics.
(a) General. An official inspection station shall have at least one certified inspection mechanic. Every inspection shall be performed by a certified inspection mechanic. The mechanic shall only inspect the type of vehicle for which he is certified and for which he holds a valid driver's license, except as otherwise provided in 75 Pa.C.S. § 4726(a) (relating to certification of mechanics). The mechanic signing the inspection sticker shall conduct and be responsible for the entire inspection of the vehicle, including the road test, except that the Department may exempt a mechanic from the requirement to perform a road test because of a physical disability. See 75 Pa.C.S. § 4726 [(relating to certification of mechanics)].
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(d) Certification requirements. A mechanic desiring to maintain certification or to become certified:
(1) Shall be 18 years of age or older.
(2) Shall, as provided in subsection (a), have a valid driver's license for each class of vehicle which the mechanic will inspect; except that a certified mechanic who inspects school buses is not required to hold a [Class 4 license but is required to hold a Class 2 or 3 license] school bus driver endorsement. For the purposes of this chapter, a valid driver's license [shall] does not include a learner's permit, a probationary license held by a driver for less than 3 years, an occupational limited license or an interlock license. A mechanic exempted from the requirement to perform the road test shall also be exempt from the requirement of this paragraph.
(3) Shall have [attended] completed an approved [9-hour] certification course and successfully completed the required [written] examination.
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(e) Recertification. A mechanic shall be certified [every 3] for no more than 5 years. Mechanics may renew their mechanic certification by passing the required [written] examination within 180 days of receipt of notice from the Department that the mechanic card is due to expire.
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(g) Mechanic license codes. A mechanic will be issued codes from the following [codes] table for the types of vehicle inspections and equipment testing the mechanic is authorized to [inspect] perform:
[(1) Passenger cars, trucks 17,000 pounds or less, and trailers less than 10,000 pounds.
(2) Motorcycles.
(3) Trucks over 17,000 pounds, trailers over 10,000 pounds, and buses.
(4) All vehicles.
(5) Codes 1 and 2.
(6) Codes 2 and 3.
(7) Codes 1 and 3
(8) (Reserved).
(9) Electrical speed timing:
(i) A—Electronic speed timing.
(ii) B—Mechanical speed timing.
(iii) C—Speedometer.
(iv) D—Electrical-mechanical speed timing.]
Code Authorized Inspection or Testing
1 Inspection of passenger cars, trucks 17,000 pounds or less and trailers less than 10,000 pounds 2 Inspection of motorcycles 3 Inspection of trucks over 17,000 pounds, trailers over 10,000 pounds and buses 4 Inspection of vehicles 5 Inspections under codes 1 and 2 6 Inspections under codes 2 and 3 7 Inspections under codes 1 and 3 9 Testing and calibration of electronic (nonradar) speed timing devices that measure elapsed time between two sensors A Testing and calibration electronic (radar) speed timing devices B Testing and calibration of stopwatches C Testing and calibration of speedometers D Testing and calibration of electronic (nonradar) speed timing devices that calculate average speed between two points J Enhanced vehicle safety inspections in conjunction with inspections under existing mechanic license codes in this table for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title (h) Mechanic card. The valid mechanic card shall be carried by the mechanic when performing an inspection.
(i) Certified document reviewer. The Department may certify nonmechanics to perform document review for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title.
§ 175.29. Obligations and responsibilities of stations.
(a) Personal liability. It is the responsibility of the owner of an inspection station to do all of the following:
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(4) To keep [current] inspection records [at the inspection station] and required work orders available for examination and audit by the inspection station supervisor and other authorized persons.
(5) To keep[, for a period of 2 years, duplicate copies of garage report sheets and] certificate of inspection requisition forms for each inspection campaign.
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(f) Customer relations. The garage owner shall consult the vehicle owner for permission to make repairs.
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(4) The vehicle owner shall be informed in writing on the [repair] receipt or work order of any parts which, although in passing condition, the mechanic believes may become dangerous before the next inspection period. The brake and tire readings shall be indicated in writing on the [repair] receipt or work order. If a temporary inspection approval indicator is issued, the [repair] receipt or work order shall also contain the following information:
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§ 175.33. Motorcycle inspection stations.
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(d) Record sheets. A motorcycle inspection shall be recorded on Form [MV-431] MV-480.
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(Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 175.35. Enhanced vehicle safety inspection stations.
(a) Eligibility. The enhanced vehicle safety inspection designation will be issued to stations that perform enhanced vehicle safety inspections for the purpose of titling reconstructed, specially constructed, recovered theft, flood, collectible, modified vehicles, street rods and other vehicles requiring a branded certificate of title as prescribed by the Department.
(b) General requirements. In addition to contractual requirements prescribed by the Department, an applicant for an enhanced vehicle safety inspection station shall meet the requirements of this chapter unless specifically exempted.
(c) Certified enhanced inspection mechanic. Each enhanced vehicle safety inspection station shall have a certified enhanced inspection mechanic authorized by the Department employed and present during normal business hours.
(d) Certified document reviewer. An enhanced vehicle safety inspection station shall have a certified document reviewer authorized by the Department employed and present during normal business hours. The certified enhanced inspection mechanic may act as the certified document reviewer.
(e) Method of inspection. A subject vehicle shall undergo an enhanced vehicle safety inspection according to this chapter by a mechanic certified to perform enhanced inspections on the appropriate class of vehicle.
(f) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), enhanced vehicle safety inspection stations shall have additional tools and equipment as contractually required by the Department.
Subchapter C. CERTIFICATE OF INSPECTION § 175.41. Procedure.
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(b) Type. A certificate of inspection shall be selected for the particular type of vehicle being inspected according to this chapter. [The certificate of inspection insert shall correspond to the vehicle's registration month based on charts supplied by the Department.] The certificate of inspection shall be examined before using. If found to be incorrect, the inspection station supervisor and the Vehicle [Control] Inspection Division shall immediately be notified.
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(c) Required information. The information on the rear of the certificate of inspection shall be completed in its entirety in permanent ink. The odometer reading is not required to be completed for trailers and motorcycles.
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(2) When replacing a certificate of inspection for which a temporary inspection approval indicator has been issued, the back of the new certificate of inspection shall be completed using the information recorded [on the report sheet (Form MV-431)] at the time of the original inspection.
(d) Affixing certificate of inspection or temporary inspection approval indicator. The certificate of inspection or temporary inspection approval indicator shall only be affixed to the vehicle immediately upon the successful completion of the inspection, on the premises of the official inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official inspection station. A certificate of inspection or temporary inspection approval indicator may not be issued or affixed at another area [of] or location.
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(f) Inspection cycles. When selecting the proper type of certificate insert, the new expiration date is based upon whether the inspection is an annual or semiannual inspection.
(1) An annually inspected vehicle will receive an inspection for [no more than 15 months and no less than 6 months based on the vehicle's registration month and charts supplied by the Department] 1 year from the expiration of the safety inspection sticker which is about to expire, except motorcycles, which receive an expiration in accordance with charts provided by the Department. A sticker may not be issued for more than 15 months from the month of inspection. If a vehicle, other than a motorcycle, does not display a currently valid certificate of inspection, the vehicle shall receive an inspection valid for 1 year from the month of inspection.
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§ 175.42. Recording inspection.
(a) Fraudulent recording. Fraudulent recording of an inspection [report sheet] will be considered cause for suspension of inspection privileges.
(b) Signature. The certified mechanic who performed the entire inspection shall place his signature in accordance with the following recordkeeping requirements:
(1) At stations utilizing Form MV-431 or MV-480, the certified mechanic who performed the entire inspection shall place his signature in the appropriate column of Form MV-431 or MV-480 immediately following the inspection. Both the mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall place their signatures in the appropriate column.
[(1)] (i) When the inspection information is transferred from a work order to the Form MV-431 or MV-480 by anyone other than the certified mechanic who performed the inspection, the work order shall contain the certified mechanic's signature and be retained for [2 years] audit.
(ii) The person who enters the information shall place the name of the certified mechanic in the appropriate column and the initials of the person putting the information on the form in the appropriate column.
(iii) A mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall sign the work order.
(iv) The person who transfers the information shall place the names of both certified mechanics in the appropriate column.
(2) [A work order shall be available for inspection upon request by the inspection station supervisor or an authorized representative of the Department.] At stations utilizing an electronic data collection and storage program, the certified mechanic who performed the entire inspection shall place his signature on the work order immediately following the inspection. Both the mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall place their signatures on the work order. Work orders shall be retained for audit.
(c) Records retention.
(1) The original official inspection report sheet (Form MV-431 or MV-480) shall be retained as a garage record and kept on file at the station for [2 years] audit. At the close of each inspection period, the official inspection report sheet shall be placed in the station's files, even though all spaces may not have been used, and a new inspection report sheet shall be started for the new inspection period.
(2) A work order signed by the inspecting mechanic as required under this section shall be available for inspection upon request by the inspection station supervisor or an authorized representative of the Department.
(d) Content.
(1) Stations utilizing Form MV-431 or MV-480. The paper inspection report sheet (Form MV-431 for passenger cars, trucks and buses or MV-480 for motorcycles and trailers) shall be neat and legible and completed in its entirety. Details pertinent to every vehicle inspected, including rejections, shall be recorded on the report sheet at the time of inspection. Items inspected, adjusted or repaired shall be recorded. If the report sheet lists a piece of equipment which does not apply to the specific type of vehicle being inspected, a dash shall be placed in the column to indicate it has not been overlooked or neglected. Certificates of inspection issued shall be listed in numeric order.
[(1)] (i) Temporary inspection approval indicators, if issued in lieu of a certificate of inspection, shall be recorded on a separate report sheet (Form MV-431) and shall be indicated in the area designated for the sticker number. This separate report sheet shall be completed as described in this subsection except a ''T'' shall be entered in the area designated for the sticker number to indicate that a temporary inspection approval indicator was issued. An inspection station may not impose a sticker charge for the issuance of a temporary inspection approval indicator.
[(2)] (ii) Upon the return of a vehicle for which a temporary inspection approval indicator has been issued, the station which originally affixed the temporary inspection approval indicator shall:
[(i)] (A) Verify the year, make, body style, VIN and proof of financial responsibility for the vehicle presented for a renewed certificate of inspection to ensure it is the same vehicle indicated on the report sheet (Form MV-431) when the original inspection was performed. This infor-mation shall be recorded as a new entry on the regular report sheet (Form MV-431) where all inspection sticker serial numbers issued are recorded.
[(ii)] (B) Record, on the Form MV-431, the serial number of the new certificate of inspection to be affixed to the vehicle along with the vehicle owner's name, address, VIN, license plate number, vehicle year make and body style. A reference to the date and number of the original inspection performed shall be noted in the shaded area to the left of the area designated for the sticker serial number and total cost (that is, See T-inspection number 123 dated 01/01/97).
[(iii)] (C) Enter, in the appropriate area of the report sheet (Form MV-431), the name of the certified inspection mechanic that verified the original inspection information and that is replacing the certificate of inspection.
(2) Stations utilizing an electronic data collection and storage program. The inspection record shall be completed in its entirety. Details pertinent to every vehicle inspected, including rejections, shall be recorded at the time of inspection. Items inspected, adjusted or repaired shall be recorded. If the inspection record lists a piece of equipment which does not apply to the specific type of vehicle being inspected, it shall be designated in the inspection record as ''N/A'' to indicate it has not been overlooked or neglected.
(i) For those vehicles which pass the safety inspection but do not yet display a renewed emission certificate of inspection as required, stations shall record a pending or incomplete safety inspection without issuing a safety certificate of inspection.
(ii) The temporary inspection approval indicator shall be affixed as described in § 175.41 (relating to procedure). Upon the return of a vehicle for which a temporary inspection approval indicator has been issued, the station which originally affixed the temporary inspection approval indicator shall:
(A) Verify the year, make, body style, VIN and proof of financial responsibility for the vehicle presented for a renewed certificate of inspection to ensure it is the same vehicle indicated on the inspector record when the original inspection was performed.
(B) Record, on the pending inspection record, the serial number of the new certificate of inspection to be affixed to the vehicle.
(C) If the name of the certified inspection mechanic that verified the original inspection information and that is replacing the certificate of inspection is someone other than the certified inspection mechanic who performed the original inspection, he shall also sign the work order.
(3) Replacing a certificate of inspection. The certified inspection mechanic replacing the certificate of inspection shall sign the back of the new certificate of inspection and record the information from the original inspection entry (wheels pulled, date of inspection, and the like.) on the new certificate of inspection before it is affixed to the vehicle. [The expiring certificate of inspection shall be removed prior to affixing the new certificate of inspection as described in paragraph (2).]
(4) Prohibitions against replacing certificate of inspection. Inspection stations may not replace a certificate of inspection to which a temporary inspection approval indicator has been affixed if one or more of the following apply:
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(f) Classifications. The form numbers [and colors] listed in this subsection explain the general classification of vehicles to be recorded on each type of inspection record [sheets]:
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§ 175.43. Security.
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(c) Removal. Except as provided in paragraphs (1) and (3), a certificate of inspection may not be removed from a vehicle for which the certificate was issued, except to replace it with a new certificate of inspection issued under this chapter and Chapter 177 (relating to emission inspection program).
(1) A person replacing or repairing a windshield in a manner that requires removal of a certificate of inspection shall, at the option of the registrant of the vehicle, cut out the portion of the windshield containing the certificate of inspection and deliver it to the registrant of the vehicle or destroy the certificate. The vehicle may be driven up to 5 days if it displays the portion of the old windshield containing the certificate. Within the 5-day period, an official inspection station may affix to the vehicle another certificate of inspection for the same period without reinspecting the vehicle in exchange for the portion of the old windshield containing the certificate of inspection. Example: A #1 certificate of inspection shall be replaced with a #1 certificate of inspection. The replacement may be made any time prior to the expiration of the certificate of inspection. A fee of no more than $2 plus the fee paid to the Department for the certificate may be charged for exchanging the certificate of inspection.
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(ii) The portion of the windshield containing the certificate of inspection [may] shall be retained for audit by the inspection station supervisor.
(iii) Record all information from the old certificate of inspection on Form MV-431. The replacement certificate of inspection shall be recorded on the same Form MV-431 and marked ''replacement sticker issued.'' Stations utilizing an electronic data collection and storage program shall use the appropriate replacement sticker function menu to record replacements.
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(f) Issuance of certificates of inspection. Certificates of inspection will not be issued by the Bureau to anyone who [cannot display an executed signature card, Form MV-417] is not listed as an authorized purchaser on Form MV-500 on file with the Bureau. The [signature card may not be entrusted to anyoneexcept an employe or other person for whom the] inspection station owner or manager [will] shall accept full responsibility for certificates of inspection delivered to [that person] authorized purchasers listed on Form MV-500.
(g) [New signature cards. A new signature card] Authorized purchasers. A new MV-500 to authorize persons to purchase certificates of inspection shall be ordered from the Vehicle [Control] Inspection Division immediately whenever [one or more of the following occur:] an employee whose signature appears on the form is no longer employed by the station or a signature is to be added or deleted.
[(1) The station copy is lost or stolen. The loss shall be immediately reported to the Vehicle Control Division.
(2) An employe whose signature appears on the card is no longer employed by the station.
(3) The card is defaced, torn or illegible.
(4) A signature is to be added.]
§ 175.44. Ordering certificates of inspection.
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(b) Contents. Required information shall be entered on the order form.
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(2) A requisition shall be personally signed by one of the persons whose signature appears on [the signature card, Form MV-417] Form MV-500. The signature shall be identical to the one on file or the requisition will be rejected. No one may order certificates of inspection unless his signature is on the [signature card] Form MV-500 on file with the Department.
(c) Additional instructions. The following also apply:
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(4) [Orders for certificates of inspection shall be for multiples of 25, with a minimum of 50 certificates, except that Commonwealth and fleet inspection stations shall order a minimum of 25 certificates.
(5)] An incomplete or improper certificate of inspection requisition or check shall be returned to the official inspection station for correction. To avoid unnecessary inconvenience or delay, information shall be rechecked carefully.
[(6)] (5) If certificates of inspection 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.
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