[27 Pa.B. 5010]
[Continued from previous Web Page] (A) A new Official Emission Inspection Station Update/Official Emission Inspection Station Application shall be submitted to the Bureau immediately.
(B) A new letter of authority shall be required for the person signing the Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(6) Whenever a person, whose name is on the Authorized Agents For Receiving Stickers Form, resigns or is relieved of his emission inspection responsibilities, the owner shall complete a new Authorized Agents For Receiving Stickers Form and submit the completed form to the Bureau immediately.
(7) Customer relations shall be governed by the following:
(i) The garage owner or certified emission inspector shall consult the vehicle owner for permission before emission adjustments are made.
(A) Permission may be established at the time the vehicle is brought to the station or after it is determined to what extent adjustments are needed.
(B) The vehicle owner is allowed to perform his own adjustments, or to select anyone he chooses to do the work for him.
(ii) Parts replaced as a result of inspection shall be retained until the vehicle is returned to the customer. The customer shall have the right to examine replaced parts.
(iii) Inspection station owners and inspectors should be courteous and patient in explaining to the motorist that the requirements of emission inspection are designed to promote clean air. Employes should clearly understand that the function of an official emission inspection station is to perform emission inspections consistent with this chapter.
(iv) The garage owner, authorized manager or certified emission inspection inspector shall provide notice to customers of the location of the nearest quality assurance officer or the Vehicle Inspection Division.
§ 177.422. Commonwealth basic and enhanced emission inspection stations.
(a) Eligibility. The designation, Commonwealth Enhanced Emission Inspection Station, will be issued to stations owned and operated by the following:
(1) The Federal government.
(2) The Commonwealth.
(3) A political subdivision of the Commonwealth.
(b) General requirements. An applicant for a Commonwealth emission inspection station shall meet the requirements of this chapter, including the requirements for fleet stations.
(c) Certified emission inspection inspector. Each official Commonwealth emission inspection station shall have at least one certified emission inspection inspector.
(d) Method of inspection. A Commonwealth emission inspection station may, by mutual agreement with another governmental body, inspect and issue certificates of emission inspection to vehicles registered in the name of that governmental body. Inspection fees, as defined in this chapter, may be charged for the inspection. Charges may be collected for repairs.
§ 177.423. Fleet basic and enhanced emission inspection stations.
(a) Eligibility requirements for fleet emission inspection stations are as follows:
(1) Minimum number of vehicles. A fleet emission inspection station owner shall own or lease at least 15 subject vehicles.
(2) Authorized subject vehicles. The certificate of appointment shall authorize emission inspection of subject vehicles registered or leased by the fleet emission inspection station owner. Privately owned or registered vehicles of company officers and employes may not be emission inspected at a fleet emission inspection station, even if they are used for business purposes.
(3) Certificate cancellation. The fleet emission inspection certificate shall be cancelled if the number of subject vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Each fleet emission inspection station shall have at least one certified enhanced emission inspection inspector.
(c) Requirements for fleet inspection stations shall include the following:
(1) Applicants for a fleet emission inspection station shall comply with this chapter unless specifically exempted.
(2) Inspection areas shall be large enough to accommodate the largest subject vehicle to be inspected at the fleet emission inspection facility, in addition to meeting the minimum inspection area requirements of § 177.405 (relating to emission inspection areas).
(d) Limited inspection periods and limitations on the length of service requirements are permitted if the station meets the following:
(1) Fleet vehicles subject to emission inspections are registered in the limited inspection periods, as defined in § 177.3 (relating to definitions).
(2) The station owner, in writing, requests the Department to permit a limited inspection period. This request shall specify the month in which emission inspections will be performed.
(3) The station owner submits a copy of the manufacturer/station agreement specifying regulation service commitments for the limited inspection period.
(4) The station owner is granted written Department approval after a station review and a fleet vehicle registration certification is completed. The approval will designate the months in which emission inspections shall be performed.
(5) The station owner performs emission inspections only during months designated by the Department.
(e) Limited inspection period emission analyzer service requirements with accompanying limitations as to the length of service requirements are as follows:
(1) Station owners shall ensure that required manufacturer/station service commitments are in force during this limited period.
(2) Station owners shall pay for costs to bring the approved analyzer into compliance and monthly or quarterly fees required by the manufacturer or other approved service representative during the limited inspection period.
(3) Station owners shall be responsible for notifying the quality assurance officer or the Vehicle Inspection Division of the starting and ending times for the limited inspection periods. Failure to notify the Department may result in cancellation of this privilege.
(4) Station owners may not permit emission inspections to be performed during the limited inspection period until the Department has been notified by the analyzer manufacturer or other approved Commonwealth agent or service representative that the analyzer is in compliance with all requirements and the Department so notifies the station owner. Failure to comply with this paragraph may result in cancellation of limited inspection period privileges.
§ 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. A person may not 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 or other approved recording medium.
(c) Removal. Certificates of emission inspection may not 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 quality assurance officer.
(ii) The replacement certificate of emission inspection shall be recorded on the appropriate record, either hard copy or VIID, 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 quality assurance officer. After an audit is completed, the quality assurance officer 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 Inspection 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 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 quality assurance officer 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.
§ 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.
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, as required by § 177.425(d).
(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.
(3) Each quality assurance officer shall be audited on an annual basis.
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.
(a) The manufacturer shall meet the following conditions for interim and final approval for participation in the basic emission inspection program.
(1) Interim approval. The following requirements shall be met for interim approval:
(i) The manufacturer shall provide a certified copy of BAR 80-approved certification of the analyzer to be used.
(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.
(2) Final approval. The following requirements shall be met for final approval:
(i) The manufacturer shall provide a certified copy of BAR 80 approved certification or a certified document stating complete testing compliance with BAR 80 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 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.
(b) The manufacturer shall meet the following conditions for interim and final approval for participation in the enhanced emission inspection program:
(1) Interim approval. The following requirements shall be met for interim approval:
(i) The manufacturer shall provide a statement certifying that the test equipment provided will meet all requirements of PA 97 equipment as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements), and that the manufacturer will provide certification that the gas analyzer and dynamometer to be used will meet the performance standards of BAR 97 as they apply to the PA 97 analyzer and dynamometer before receiving final approval for the equipment from the Department.
(ii) The manufacturer shall provide a document that the dynamometer will meet all requirements for ASM test equipment as specified in Appendix A and will meet California Bar performance standards as they apply to the PA 97 analyzer and dynamometer prior to receiving final approval for this equipment from the Department.
(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 equipment manufacturer shall apply to the Department for final approval.
(2) Final approval. The following requirements shall be met for final approval:
(i) The manufacturer shall provide a certified copy of BAR 97 approved certification or a certified document stating complete testing compliance with BAR 97 test requirements by a reputable independent testing laboratory that completed the testing, or certify that the gas analyzer meets all performance standards of California BAR 97 as they apply to the PA gas analyzer.
(ii) The manufacturer shall certify that the approved test equipment will comply with the data collection requirements of this chapter.
(iii) The manufacturer shall provide a document that the dynamometer meets all state and California BAR requirements for ASM test equipment as specified in Appendix A and California BAR 97 specifications or certify that the dynamometer meets all performance standards of California BAR 97 as they apply to the PA dynamometer and ASM test equipment.
(iv) The manufacturer shall provide certification 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.
(v) The manufacturer shall offer as an option an equipment lease arrangement of at least 10 years to prospective equipment purchasers.
(vi) The manufacturer shall offer as an option a ''fee per test'' equipment financing opportunity to prospective equipment purchasers.
(vii) The manufacturer shall offer as an option a provision for installation of emission inspection test equipment, at the request of prospective equipment purchasers.
(viii) The manufacturer shall clearly identify equipment features which are listed as options but which are essential to comply with the program and equipment specifications of this chapter.
(ix) Equipment manufacturers and providers shall receive prior approval from the Department for any costs associated with program software updates or revisions.
(c) Certification. A manufacturer shall cause 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 and dynamometer, if applicable, 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.
(2) Train, at no cost, on the initial visit for installation of the emission analyzer or dynamometer, or both, all certified emission inspection inspectors employed at the time of installation regarding the proper use of the analyzer or the dynamometer, or both, and provide, within 7 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 or leased equipment within 1 business day of 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 as provided in Appendix A.
(b) Manufacturers and distributors shall offer to equipment purchasers the ability to contract for the following services for additional fees:
(1) Provide service for faulty equipment.
(2) Provide replacement parts and equipment while servicing faulty equipment.
(3) 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) Replacement parts or equipment provided shall be the same as or equivalent to the parts or equipment provided by the original equipment manufacturers.
(e) All Department approved equipment service representatives shall provide the following service commitments:
(1) Maintenance on equipment within 1 business day of 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 to the Department in the amount of $1 million initially, and in the amount of an additional $400,000, for every 250 analyzers sold to Pennsylvania certified emission inspection stations. This security will be:
(1) Used to insure that money is available to reimburse certified emission 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) Used in part or in whole in the event of nonperformance or default of the manufacturer or distributor.
(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. These funds may be used in part or in whole in the event of nonperformance or default of the service provider.
§ 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 certified 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 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. The Department may, at any time, on the basis of the service provider's failure to comply with this chapter, revoke or suspend the approval of other service providers to provide service and parts to certified emission inspection stations.
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 but not limited to, 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. Schedule of penalties for certified repair technicians. SCHEDULE OF PENALTIES FOR CERTIFIED REPAIR TECHNICIANS.
177.605 Subsequent violations. 177.606. 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. 177.673. Restoration of certification of a certified repair technician 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) 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:
(1) Schedule of penalties for basic emission inspection stations.
Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (i) ssuance or possession of altered, forged, stolen, or counterfeit certificate of inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of inspection without inspection 1 year Permanent (iii) Fraudulent record keeping 1 year Permanent (iv) Improper record keeping 3 months 1 year 3 years (v) Faulty inspection 3 months 1 year 3 years Category 2 (vi) Inspecting more than 12 subject vehicles per hour per emission inspection mechanic 3 months 6 months 3 years (vii) Failure to produce records upon demand by inspection station investigator 3 months 6 months 1 year (viii) Inspection by uncertified mechanic 3 months 6 months 1 year (ix) Unnecessary repairs for purpose of inspection 3 months 6 months 1 year (x) Misstatement of fact 1 month 3 months 1 year (xi) Improper assigning of certificate of inspection 1 month 3 months 1 year Category 3 (xii) Improper certificate of inspection security Warning 3 months 1 year (xiii) Unclean inspection area Warning 3 months 6 months (xiv) Careless record keeping Warning 3 months 6 months (xv) 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 (xvi) 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 (xvii) Failure to report discontinuance of business 1 year 2 years Permanent (xviii) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (2) Schedule of penalties for enhanced emission inspection stations.
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 & $2,500 fine Permanent & $5,000 fine (iii) Fraudulent recordkeeping 1 year and $2,500 fine Permanent & $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 Section 177.408(f) 3 months 6 months 3 years
[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.
