PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 175 ]
Vehicle Equipment and Inspection
[47 Pa.B. 1748]
[Saturday, March 25, 2017]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 4103, 4301, 4501, 4551, 4721 and 6103, proposes to amend Chapter 175 (relating to vehicle equipment and inspection) to read as set forth in Annex A.
Purpose of Chapter
The purpose of Chapter 175 is to implement 75 Pa.C.S. Part IV (relating to vehicle characteristics) and provide clear standards for the inspection of vehicles.
Purpose of this Proposed Rulemaking
The purpose of this proposed rulemaking is to delete outdated procedures, modernize language and include provisions that reflect modern vehicles and associated equipment. Additional proposed amendments include: adding sanctions to enforce existing regulations and ensure safe vehicles remain the primary focus; providing clarification to inspection mechanics regarding frequently asked questions; and adding language that accurately reflects the current inspection process.
Summary of Significant Amendments
Proposed amendments to § 175.2 (relating to definitions) update, amend, add and delete definitions.
Proposed amendments to Chapter 175, Subchapter B (relating to official inspection stations) reflect the requirement that a station shall have a valid Pennsylvania sales tax number and a valid Employer Identification Number or Social Security number to be appointed. Proposed amendments require that the Department be added as the certificate holder on the required bond or insurance and that lapse of coverage will result in suspension. The approval process is proposed to be updated to reflect current practices. Requirements regarding the test drive of vehicles with adaptive controls are proposed to be added.
Proposed amendments to Chapter 175, Subchapter C (relating to certificate of inspection) allow the station, not the mechanic, to accept and record the financial responsibility requirement when presented on an electronic device. Language throughout is proposed to be amended to reflect current practices.
Proposed amendments to Chapter 175, Subchapter D (relating to schedule of penalties and suspensions: official inspection stations and certified safety inspectors) increase the suspension time for egregious violations and add additional sanctions for revoked sales tax numbers and the lapse of insurance coverage.
Proposed amendments to Chapter 175, Subchapter E (relating to passenger cars and light trucks) modernize the inspection process, reflect current equipment on modern vehicles and provide broader language that will allow the regulations to keep up with changing technology. Clarification is provided on airless tires and tire size. Lighting technology is addressed to ensure they meet modern standards. Language is proposed to be added to allow for the capability to prove financial responsibility through electronic devices. Safety issues are addressed to reflect what the industry is encountering to ensure that only safe vehicles are operated on highways. The current regulations do not allow for the introduction and approval of new devices and technologies and proposed amendments throughout are intended to modernize regulations to reflect industry trends.
Proposed amendments to Chapter 175, Subchapter G (relating to recreational, semi and utility trailers) delete the reference to proof of financial responsibility as this is no longer a requirement.
Persons and Entities Affected
This proposed rulemaking affects vehicle inspection station owners and personnel, as well as licensed operators of vehicles.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. The proposed amendments will not require the completion of any additional forms. Additional reports or paperwork will not be required.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on March 10, 2017, 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 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 in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) 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.
Effective Date
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.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department will continue to closely monitor these regulations for effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Anita M. Wasko, Director, Bureau of Motor Vehicles, 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 this proposed rulemaking is Kay Kishbaugh, Manager, Vehicle Inspection Division, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104, (717) 783-4597.
LESLIE S. RICHARDS,
SecretaryFiscal Note: 18-466. 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:
* * * * * Allowable working pressure—The pounds per square inch for which the container was constructed or, if conditions have changed, the maximum pressure at specified temperatures permitted at the most recent inspection by a [certified] safety inspector.
* * * * * Cargo lamp—A lamp mounted on a multipurpose passenger vehicle, truck or bus that provides illumination to load or unload cargo.
[Certified inspection mechanic—A person who holds a valid certification card issued by the Bureau certifying that the person is qualified, has passed all requirements to inspect specific vehicles and holds a valid driver's license for the correct class of vehicle.
Certified inspector—A person who holds a certificate issued by the Boiler Division in the Bureau of Occupation and Industrial Safety within the Department of Labor and Industry certifying that the person is qualified to inspect unfired pressure vessels.]
Classic motor vehicle—The term as defined in 75 Pa.C.S. § 102.
* * * * * Inspection/Maintenance (I/M) registration indicator—An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.
[Inspection station supervisor—A person designated by the Department to investigate, inspect and supervise the operation of inspection stations.]
License plate lamp—A lamp used to illuminate the license plate on the rear of the vehicle.
* * * * * Multi-purpose passenger vehicle—A passenger car [which is] constructed on a truck chassis or [which] that has special features for off-road use in addition to highway use.
* * * * * Pole trailer—A trailer, including those with a variable wheelbase, attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular-shaped loads, including poles, pipes or structural members capable of sustaining themselves as beams between the supporting connections.
Quality Assurance Officer—A person designated by the Department to investigate, inspect, audit and supervise the operation of inspection stations (safety, emission and enhanced) and training schools.
Rake—On motorcycles, the angle, measured in degrees, of a motorcycle's steering axis in relation to a line [which] that is perpendicular to the vehicle wheel base; on passenger cars or trucks, the ground clearance at the front or rear of a vehicle, reduced or increased, giving a tilted appearance.
* * * * * Safety insert tab—A numbered tab, applied to the Safety Certificate of Inspection, which indicates the month in which the safety certificate of inspection expires.
Safety inspector—A person who holds a valid certification card issued by the Bureau certifying that the person is qualified, has passed all requirements to inspect specific vehicles and holds a valid driver's license for the correct class of vehicle.
School bus—The term as defined in 75 Pa.C.S. § 102.
* * * * * [Snow plow] Snowplow lamp—A lamp used in substitution of headlamps on vehicles equipped with [snow plows] snowplows.
Special mobile equipment—The term as defined in 75 Pa.C.S. § 102.
Specially constructed vehicle—The term as defined in 75 Pa.C.S. § 102.
Stop lamp—A lamp at the rear of the vehicle [which] that indicates the brake is being applied by the operator to slow or stop the vehicle.
Street rod—The term as defined in 75 Pa.C.S. § 102.
Subject vehicle—A gasoline powered vehicle with a gross vehicle weight rating of 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:
* * * * * (xi) A vehicle being repossessed by a financer or collector/repossesser [through the use of] using a miscellaneous motor vehicle business registration plate.
(xii) A new vehicle while it is in the process of manufacture, including testing and not in transit from the manufacturer to a purchaser or dealer.
(xiii) A military vehicle used for training by a private, nonprofit, tax exempt military educational institution when the vehicle does not travel on public roads in excess of 1 mile and when the property on both sides of the public road is owned by the institution.
(xiv) A school bus over 11,000 pounds [gross vehicle weight rating] GVWR.
* * * * * Temporary inspection approval indicator—An adhesive insert affixed to the current certificate of safety inspection, as viewed from inside the vehicle, used to designate vehicles [which] that have successfully passed a required periodic safety inspection, but do not display a renewed emission certificate of inspection.
Tire width—The term as defined in 75 Pa.C.S. § 102.
Trail—The distance measured in inches between the point at which the steering axis of a motorcycle intersects with the ground in front of the motorcycle and the point at which the forward limit of the [wheel base] wheelbase intersects with the surface below the motorcycle.
* * * * * Turn signal—A lamp showing to front and rear [for the purpose of] indicating an intention to turn either [to the right or left or for] right or left, pulling into traffic or changing lanes.
UL—The Underwriter's Laboratories, Inc.
Utility trailer—The term as defined in 75 Pa.C.S. § 102.
VIN—Vehicle identification number—The term as defined in 75 Pa.C.S. § 102.
Vehicle—The term as defined in 75 Pa.C.S. § 102.
Vehicle Inspection Division—The area of the Bureau [which] that administers vehicle equipment and inspection matters.
§ 175.4. Vehicles required to be inspected.
A registered vehicle moved upon a highway [shall] must bear a valid certificate of inspection except for the following:
* * * * * (7) A vehicle being repossessed by a financer or [collector-repossessor] collector-repossesser through the use of miscellaneous motor vehicle business registration plates.
* * * * * § 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] annually, in accordance with the appropriate truck inspection procedure based on the registered gross weight of the vehicle.
§ 175.7. Inspection of vehicle reentering this Commonwealth.
A vehicle subject to inspection [which] that has been outside this Commonwealth continuously for 30 days or more and [which, at the time of reentering] that at the time of re-entering this Commonwealth[,] does not bear a currently valid certificate of inspection[, is not] is required to be inspected [until] within 10 days after reentering this Commonwealth.
§ 175.8. Newly-purchased vehicles.
(a) Vehicles without a valid certificate of inspection. A vehicle [which] that does not display a valid certificate of inspection at the time of sale, resale or entry into this Commonwealth shall be inspected within 10 days of sale, resale or entry into this Commonwealth, whichever occurs later. The inspection shall be coordinated with the staggered registration system regardless of the date of a previous inspection in this or another jurisdiction.
(b) Vehicles with a valid certificate of inspection. A vehicle [which] that displays a valid certificate of inspection at the time of sale or resale may be driven until the inspection certificate expires.
(c) Vehicles subject to a semiannual inspection and mass transit vehicles. Vehicles subject to a semiannual inspection and mass transit vehicles are exempt from the provision of subsection (a) [which] that requires coordination of inspection expiration with the staggered registration system.
§ 175.9. Vehicles registered in another state.
A vehicle registered in another state may be inspected. A certificate of inspection [shall be] is issued only if the vehicle meets inspection requirements.
§ 175.10. Vehicles requiring emission inspection due to address change.
A subject vehicle required to participate in the Emission I/M Program because of a vehicle registration change of address shall be phased into the emission inspection program at the time of the expiration of the current safety certificate of inspection.
§ 175.11. Coordination of safety and emission inspection.
* * * * * (d) A temporary inspection approval indicator may be used to designate vehicles [which] that 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.
* * * * *
Subchapter B. OFFICIAL INSPECTION STATIONS § 175.21. Appointment.
(a) Authority. For the purpose of establishing a system of official inspection stations, the Bureau will issue a certificate of appointment to a privately owned facility within this Commonwealth that complies with the requirements of [the Vehicle Code] 75 Pa.C.S. (relating to Vehicle Code) and this title. An official inspection station is authorized to inspect vehicles and issue official certificates of inspection. See 75 Pa.C.S. § 4721 (relating to appointment of official inspection stations).
(b) Certificate of appointment. The certificate of appointment will be issued only when the Bureau is satisfied that the station is properly equipped and has certified personnel to make inspections and adjustments. Only those stations fulfilling Department requirements and complying with this chapter will be issued a certificate of appointment. Prior involvement with a suspended inspection station may be [sufficient] cause to deny appointment. A station applying for reappointment after a period of suspension shall enroll in the Department's e-Safety program prior to reappointment, and shall maintain its participation in the e-Safety program as a condition of maintaining its certificate of appointment. The certificate of appointment, at all times [shall], must be conspicuously displayed at the [place] station for which it is issued. See 75 Pa.C.S. § 4722 (relating to certificate of appointment).
(c) Certificate not assignable. A certificate of appointment [shall be] is valid only for the person in whose name it is issued and for transaction of business at the place designated therein. A certificate of appointment [shall not be] is not assignable to another person or location.
(d) Valid certificate required. No person shall in any manner represent a place as an official inspection station unless the station is operating under a valid certificate of appointment issued by the Bureau.
(e) Inspection stations with common access. No certificate of appointment may be issued for operation by an official inspection station on the premises of another official inspection station [which] that utilizes the same access. This prohibition does not apply if the inspection stations have separate internal accesses, though sharing common external access.
(f) Suspended inspection stations. No certificate of appointment shall be issued for operation of an official safety inspection station on the premises of an official safety inspection station [which] that has been suspended, if the owner of the suspended station continues to conduct any type of business [which] that utilizes the same access. This prohibition [shall] does not apply if the station and the other business each have a separate internal access, though sharing a common external access.
[(g) Cancellation of appointments. A certificate of appointment previously issued for a station which does not comply with the restrictions contained in subsection (e) or (f) will be cancelled April 28, 1983.]
§ 175.22. Making application.
(a) Form. The applicant shall file one copy of Form MV-427, Application for Designation as an Official Inspection Station, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance. [Requirements shall be as follows:] All of the following are required:
(1) An applicant for a certificate of appointment shall furnish a bond on a form prescribed by the Department or proof of insurance as required [by] under 75 Pa.C.S. § 4722(c) (relating to certificate of appointment).
(2) The bond or insurance [shall be in the amount of $10,000] is required for each place of business and shall provide compensation to a vehicle owner for damage their vehicle may sustain while it is in possession of the inspection station.
(3) The bond or proof of insurance shall be renewed each year. The Department must be listed as the certificate holder on the bond or insurance policy.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance and the station has applied for reappointment.
(c) Specification of type. The application [shall] must indicate the type of inspection station authorization applied for; that is, Commonwealth, general, fleet, recreational and utility trailer, or motorcycle.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application. The applicant shall be authorized to conduct business in this Commonwealth and shall provide a valid State sales tax identification number and a valid Employer Identification Number or Social Security number to the Department prior to authorization.
(1) If a natural person, the applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, partnership or association, the application shall be signed by an officer, partner, associate or another person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the person—for example, station manager—to sign the application [shall] must be attached thereto and attested to by a partner or a corporation or association officer.
§ 175.23. Approval.
(a) Investigation. [An inspection station supervisor will conduct an investigation of each applicant to determine full compliance with the Vehicle Code and this chapter.] Upon submission of application or reapplication, the Bureau will conduct a review of the information provided. Subject to initial approval by the Bureau, a Quality Assurance Officer will conduct an investigation of the physical location and equipment to determine full compliance with 75 Pa.C.S. (relating to Vehicle Code) and this chapter.
(b) English comprehension. The applicant and each [inspection mechanic] safety inspector shall be sufficiently versed in the English language to read and understand this title.
(c) Issuance of certificate of appointment. A certificate of appointment will be provided only upon approval of the application by the Bureau and upon a successful site inspection by the Quality Assurance Officer. [Upon approval of the application by the Bureau, a certificate of appointment shall] A certificate of appointment will be issued to the applicant for the place of business located within this Commonwealth, as set forth in the application. No vehicle inspections shall be [made] conducted unless a certificate of appointment has been issued to and is prominently displayed at the official inspection station.
§ 175.24. Required certificates and station signs.
After appointment, the owner of each inspection station shall prominently display signs required by the Bureau, including all of the following:
(1) A certificate of appointment for each type of station approved for the location.
(2) A sign clearly stating the fee for the certificate of inspection separate from the fee for inspection. The fee for inspection shall be the same whether the vehicle passes or fails. The fee for inspection [shall] must include the cost of the inspection, the electronic processing of inspection data and labor for the inspection, including pulling wheels, but it [shall] may not include the cost of parts, repairs or adjustments. The sign [shall] must clearly indicate the fee for different types of vehicles—for example, passenger cars, trucks and trailers—to the extent that the fee varies among vehicles. Fleet and Commonwealth stations are exempt from this requirement.
(3) A current list of certified [inspection mechanics, Form TS-443] safety inspectors on a Department-approved form.
(4) An official inspection station sign outside the garage, clearly visible to the public. This sign [shall] must have a keystone design [which] that is 24 inches high and 21 inches wide. The station number plate [shall] must be 2 3/4 inches high and 13 3/8 inches wide. The background [shall] must be navy blue with gold lettering. If hung from a bracket, the sign [shall] must be double faced. A previously issued sign will still be permitted providing that the sign remains clearly legible. Signage that has deteriorated or been defaced shall be replaced. Fleet and Commonwealth stations are exempted from this requirement.
§ 175.25. Inspection area.
(a) General. The following requirements apply to inspection areas:
(1) Except as provided in subsection (b)(1)(iii) and (3), the inspection area [shall] must be entirely within a sound, enclosed building; [shall] must be in good repair; and shall be kept in good condition.
(2) An anticipated alteration or change affecting the condition or size of the inspection area shall be reported to the [inspection station supervisor at once] Quality Assurance Officer immediately.
(3) The floor [shall] must be of a hard surface and in sound condition. Dirt floors will not be approved.
(4) The floor of the inspection area [shall] must be level. No more than 1% slope from front to rear or side to side is acceptable.
(5) The inspection area [shall] must be free from obstructions, including shelves, [work benches] workbenches, partitions, displays, machinery and stairways. If the inspection area or any part is located outside the building, the area [shall] must also be kept clear of snow or other substances [which] that would curtail or interfere with inspections. Work areas must remain free of debris with the required tools easily accessible.
(6) Hoists and lifts are permitted in the inspection area if a thorough and proper inspection can be performed.
(b) Minimum requirements. The following minimum dimensions apply to inspection areas:
(1) Commonwealth, fleet and general inspection stations:
(i) Twelve feet wide by 22 feet long, if the station uses an approved headlight aimer or tester.
(ii) Twelve feet wide by 43 feet long, if the station uses an approved [headlight aiming] headlight-aiming screen.
(iii) A motor carrier vehicle may be inspected either as single unit or in combination if, in the case of a station [meets] meeting the requirements of subparagraph (i), the inspection area has an additional unobstructed length of 42 feet or, in the case of a station [meets] meeting the requirements of subparagraph (ii), an additional unobstructed length of 21 feet.
(2) Motorcycle inspection stations:
(i) Ten feet wide by 18 feet long, if the station uses an approved headlight tester.
(ii) Ten feet wide by 32 feet long, if the station uses an approved [headlight aiming] headlight-aiming screen.
(3) Trailer inspection stations: 12 feet wide by 55 feet long.
(c) Inspections conducted in inspection area. An inspection shall be conducted entirely within the inspection area with the exception of the road test.
§ 175.26. Tools and equipment.
(a) General requirements. An inspection station [shall] must have tools and equipment in good operating condition sufficient to inspect each type of vehicle to be inspected, including the following:
* * * * * (18) An approved headlight testing device—SAE approved No. J600a for photo-electric type and J602c for mechanic aimers. Not required for recreational and utility trailer stations.
[(19) A paper punch with a minimum diameter or width of 1/4 inch and a maximum diameter or width of 3/8 inch.]
(b) Discontinued testers. An inspection station equipped with discontinued testers may continue to use them as long as they are in good working order and capable of testing all types of headlights.
§ 175.27. Hours.
(a) An inspection station [shall] must 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] Quality Assurance Officer. To be considered for a waiver of this section, the inspection station [shall] must 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:
* * * * * (4) The Department or a designee is unable[, on two attempts on 2 different business days,] to perform an official visit, including a periodic records audit, during the hours specified in the approved waiver.
* * * * * § 175.28. Certified [inspection mechanics] safety inspectors.
(a) General. An official inspection station [shall] must have at least one certified [inspection mechanic] safety inspector. Every inspection shall be performed by a certified [inspection mechanic] safety inspector. The [mechanic] safety inspector 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] With the exception of verifying financial responsibility in an electronic format, the safety inspector signing the inspection sticker shall conduct and be responsible for the entire inspection of the vehicle, including the [road] test drive, except that the Department may exempt a [mechanic] safety inspector from the requirement to perform a [road] test drive because of a physical disability. See 75 Pa.C.S. § 4726. In the event the vehicle to be inspected has adaptive controls, if the safety inspector is unable or not allowed to perform the test drive, the safety inspector may not perform the inspection. The vehicle shall be inspected by a safety inspector capable of conducting the test drive with the adaptive controls or defer the inspection to another station or the entity that installed the adaptive devices.
(b) Multiple stations. A certified [inspection mechanic] safety inspector may work part time at more than one official inspection station if the [mechanic] safety inspector notifies the [inspection station supervisor] Quality Assurance Officer and the Vehicle Control Division of the names and station numbers of all current employers. Failure to do so may result in suspension of the [mechanic's] safety inspector's inspection privileges.
(c) Number of inspections. A certified [mechanic] safety inspector may not inspect more than:
(1) Two vehicles other than motorcycles per hour.
(2) Three motorcycles per hour.
(d) Certification requirements. A [mechanic] safety inspector 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] that the safety inspector will inspect; except that a certified [mechanic] safety inspector who inspects school buses is not required to hold a school bus driver endorsement. For the purposes of this chapter, a valid driver's license 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] safety inspector exempted from the requirement to perform the [road test shall also be] test drive is also exempt from the requirement of this paragraph.
(3) Shall have completed an approved certification course and successfully completed the required examination.
(4) Shall pass the required tactile test administered by a certified/qualified automotive instructor at an approved education facility.
(e) Recertification. A [mechanic] safety inspector shall be certified for no more than 5 years. [Mechanics may renew their mechanic] A safety inspector may renew his safety inspector certification by passing the required examination within 180 days of receipt of notice from the Department that the [mechanic] safety inspector card is due to expire.
(f) Prior certification. A [mechanic] safety inspector card without an expiration date shall remain valid for 180 days after the date of notice to the [mechanic] safety inspector to attend the certification course. Failure to complete the certification course and pass the required tests within 180 days will result in cancellation.
(g) [Mechanic] Safety inspector license codes. A [mechanic] safety inspector will be issued codes from the following table for the types of vehicle inspections and equipment testing the [mechanic] safety inspector is authorized to perform:
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 all vehicles 5 Inspection 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 of 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 inspection in conjunction with inspection under existing [mechanic] safety inspector license codes in this table for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title (h) [Mechanic] Safety inspector card. The valid [mechanic] safety inspector card shall be carried by the [mechanic] safety inspector when performing an inspection.
(i) Certified document reviewer. The Department may certify [nonmechanics] nonsafety inspectors 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:
(1) To conduct the business of the official inspection station honestly and in the best interests of this Commonwealth, in accordance with [the provisions of] 75 Pa.C.S (relating to Vehicle Code) and this chapter, and, except in the case of a fleet or Commonwealth inspection station, to make every reasonable effort to inspect all vehicles upon request.
(2) To make official inspection regulations and supplements available for the use of certified [inspection mechanics] safety inspectors and other employees involved in inspection.
(3) [To notify the inspection station supervisor and the Vehicle Control Division when a certified mechanic is hired.] To notify the Quality Assurance Officer and the Vehicle Inspection Division when a certified safety inspector is hired.
(4) To keep inspection records and required work orders available for examination and audit by the [inspection station supervisor and other authorized persons] Quality Assurance Officer or an authorized representative of the Department.
* * * * * (b) Change of ownership. The following apply to change of ownership:
(1) In the case of a change of ownership, the certificate of appointment, all unissued certificates of inspection[,] and all inspection material shall be surrendered immediately to the [inspection station supervisor] Quality Assurance Officer. The new owner shall submit a Form MV-427 application to the Bureau. An investigation of the premises will be conducted by the [inspection station supervisor] Quality Assurance Officer.
* * * * * (c) Change of location. In the case of a change of location of an inspection station, all of the following apply:
(1) A Form MV-427 application shall be completed and submitted to the Bureau.
(2) An investigation of the premises will be conducted by the [inspection station supervisor] Quality Assurance Officer.
(3) Certificates of inspection will be audited by the [inspection station supervisor] Quality Assurance Officer and shall be retained by the station owner.
(4) No inspections shall be made at the new location until it has been investigated and approved and a new certificate of appointment issued by the Bureau.
(5) If the new location is not approved at the time of the investigation, the [inspection station supervisor] Quality Assurance Officer will pick up all current certificates of inspection and will retain them until the new location is approved.
(d) Discontinuance of business. Inspections shall be discontinued in any of the following circumstances:
(1) If the owner vacates, abandons or discontinues the inspection business. Immediate notice shall be provided to the Bureau and the [inspection station supervisor] Quality Assurance Officer. The [inspection station supervisor] Quality Assurance Officer will pick up the certificate of appointment and all certificates of inspection, records and other inspection materials, and return them to the Bureau.
(2) If the owner is deceased. If a member of the family or partner wishes to continue the business, a new application for appointment shall be submitted to the Bureau.
(3) If the owner voluntarily discontinues the operation of an inspection station, the owner shall immediately notify the [inspection station supervisor] Quality Assurance Officer. Remaining inspection materials shall be returned to the [inspection station supervisor] Quality Assurance Officer.
(e) Notice required. [The following events shall be reported at once to the inspection station supervisor and the Bureau; however, it is not necessary to discontinue inspections.] The following events shall be reported immediately to the Quality Assurance Officer and the Bureau:
(1) Whenever certificates of inspection are damaged, lost or stolen. Lost or stolen stickers shall be immediately reported to local law enforcement or the Pennsylvania State Police.
* * * * * § 175.30. Commonwealth inspection stations.
* * * * * (c) Certified [inspection mechanic] safety inspector. Each official Commonwealth inspection station shall have at least one [inspection mechanic] safety inspector certified to inspect each type of vehicle [which] that will be inspected.
* * * * * § 175.31. Fleet inspection stations.
(a) Eligibility. Eligibility requirements are as follows:
(1) A fleet inspection station owner shall own or lease at least 15 or more vehicles.
(2) The certificate of appointment [shall] will authorize inspection of only those vehicles registered or leased by the fleet inspection station owner. Privately owned or registered vehicles of company officers and [employes] employees may not be inspected at a fleet inspection station even if they are used for business purposes.
(3) The inspection certificate [shall] will be cancelled if the number of vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Certified [inspection mechanic] safety inspector. Each fleet inspection station shall have at least one [inspection mechanic] safety inspector certified to inspect each type of vehicle [which] that will be inspected.
(c) Requirements. Requirements [shall] include all of the following:
(1) An applicant for a fleet inspection station shall meet the requirements of this chapter, unless specifically exempted.
(2) In addition to the minimum inspection area requirements of § 175.25(b)(1)(i) (relating to inspection area), the inspection area shall be large enough to accommodate the largest vehicle to be inspected at the fleet inspection station.
Subchapter C. CERTIFICATE OF INSPECTION § 175.41. Procedure.
(a) Unauthorized display of certificate of inspection. No certificate of inspection or temporary inspection approval indicator may be marked or affixed to a vehicle unless the vehicle has successfully passed inspection, meeting the requirements of 75 Pa.C.S. (relating to Vehicle Code) and this chapter.
(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 shall be examined before using. If found to be incorrect, the [inspection station supervisor and] Quality Assurance Officer or the Vehicle Inspection Division shall immediately be notified. A temporary inspection approval indicator shall be used to designate a vehicle that has successfully passed the required periodic safety inspection. The vehicle must display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle.
[(1) TS-460 shall be used for motor vehicles except motorcycles and motor-driven cycles.
(2) TS-463 shall be used for trailers, motorcycles and motor-driven cycles.
(3) A temporary inspection approval indicator shall be used to designate a vehicle which has successfully passed the required periodic safety inspection, but which shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle.]
(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.
* * * * * § 175.42. Recording inspection.
* * * * * (c) Records retention.
(1) The original official inspection report sheet (Form MV-431 or MV-480) or electronic version shall be retained as a garage record and [kept on file] maintained at the station for audit. At the close of each inspection period, the [official inspection report sheet] hard copy MV-431 or MV-480 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] safety inspector as required under this section shall be available for inspection upon request by the [inspection station supervisor] Quality Assurance Officer 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] that 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.
* * * * * (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] that 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] that 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.
* * * * * § 175.43. Security.
* * * * * (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.
(i) A replacement certificate of inspection may not be issued in the following circumstances[.]:
(A) Acceptable proof of financial responsibility is not provided. For the purpose of this chapter, financial responsibility shall be proven by one of the following documents:
(I) A valid paper or electronic financial responsibility identification card issued in accordance with 31 Pa. Code (relating to insurance).
(II) The declaration page of a valid insurance policy.
(III) A valid self-insurance identification card.
(IV) A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.
(V) A valid insurance policy issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.
(VI) Proof of insurance in an electronic format on an electronic device. For inspection purposes, hard copy proof of insurance is not necessary. The station may verify and record proof of financial responsibility when presented electronically.
(B) The vehicle is in an obviously unsafe operating condition.
* * * * * § 175.44. Ordering certificates of inspection.
* * * * * (c) Additional instructions. [The] All of the following also apply:
(1) When special delivery is desired, a separate check shall be enclosed for postage. Do not enclose cash or add the amount for postage to the check for certificates of inspection.
(2) Each sticker requisition [shall] must be accompanied by a separate check. Certificates of inspection may be ordered on one requisition form. Checks shall be made payable to the ''Department of Transportation'' or [''PENNDOT.''] ''PennDOT.''
* * * * *
Subchapter D. SCHEDULE OF PENALTIES AND SUSPENSIONS: OFFICIAL INSPECTION STATIONS AND CERTIFIED [MECHANICS] SAFETY INSPECTORS § 175.51. Cause for suspension.
(a) Schedule. The complete operation of an official inspection station is the responsibility of the owner. Failure to comply with the appropriate provisions of 75 Pa.C.S. (relating to Vehicle Code) and these regulations will be considered sufficient cause for suspension of inspection privileges or revocation of the certificate of appointment, or both. A violator is also subject to criminal prosecution.
Duration of Suspension
Type of Violation 1st Violation 2nd Violation 3rd and
Subsequent
Violation(1) Category 1 (i) Issuance or possession of altered, forged, stolen
or counterfeit certification of inspection1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate
of inspection without inspection1 year Permanent (iii) Faulty inspection of equipment or parts [2] 6 months 1 year [3 years] Permanent (2) Category 2 (i) Fraudulent recordkeeping 1 year Permanent (ii) Improper recordkeeping 2 months 1 year 3 years (iii) Failure to verify registration, title, manufacturer's statement of origin, financial responsibility information, or inspecting a vehicle with an expired registration or when valid proof
of financial responsibility has not been submitted. The station may verify and record proof of financial responsibility when presented electronically.[2] 4 months [4] 6 months 1 year (iv) Failure to affix certificate of inspection immediately upon successful completion of the inspection [2] 6 months [4 months]
1 year[1 year] Permanent (v) Improperly assigning certificate of inspection 2 months 4 months 1 year (vi) Failure to produce records, certificates of inspection, signature cards, certificate of appointment or [mechanic] safety inspector card upon demand by [inspection station supervisor] Quality Assurance Officer or authorized representative of the Department [2 months or until produced] Until produced plus 2 months [6 months or until produced] Until produced plus 6 months [1 year or until produced] Until produced plus 1 year (vii) Improper certificate of inspection security [Warning] 2 months 4 months 1 year (viii) Careless recordkeeping Warning 4 months 6 months (ix) Failure to report lost or stolen stickers 2 months 6 months 1 year (3) Category 3 (i) Inspection by [mechanic] safety inspector with suspended, revoked, cancelled or recalled operating privilege [2] 6 months [6 months]
1 year[1 year] Permanent (ii) Inspecting more than three motorcycles or two other vehicles per hour 4 months 6 months 1 year (iii) Inspection by uncertified [mechanic] safety inspector [4] 6 months [6 months]
1 year[1 year] Permanent (4) Category 4 (i) Misstatement of fact 2 months 4 months 1 year (ii) Performing or indicating unnecessary repairs
for the purpose of passing an inspection4 months 6 months 1 year (iii) Performing repairs for the purpose of passing
an inspection without vehicle owner authorization4 months 6 months 1 year (iv) Unclean inspection area 2 months 4 months 6 months (v) Required tools or equipment missing or broken Warning, only if tools are repaired
or replaced within 20 days; if not, suspension until tools are repaired or replaced2 months or until tools are repaired or replaced, whichever is greater 6 months or until tools are repaired or replaced, whichever is greater (vi) Bad check or failure to satisfy monetary obligations to the Department Warning, if amount due is paid within
10 days from date notified[. If]; if not, suspension until amount due is paid[2] 3 months or until amount due is paid, whichever is greater 6 months or until amount due is paid, whichever is greater (vii) Failure to report discontinuance of business 1 year from date discontinuance
is discovered[3 years] Permanent from
date discontin-
uance is discovered[Permanent] (viii) Failure to notify the Department of changes
of ownership, location or other changes affecting
an official inspection station4 months 6 months 1 year (ix) Failure to satisify monetary penalties for violations of Chapter 177 (relating to emission inspection program) within 90 days of notification Suspension until amount due is paid 2 months or until amount due is paid, whichever is greater 6 months or until amount due is paid, whichever is greater (x) Failure to maintain bond or insurance,
or lapse in the station's insurance policyUntil proof of insurance or bond is provided to the Department plus
3 monthsUntil proof of insurance or bond is provided to the Department plus
6 monthsUntil proof of insurance or bond is provided to the Department plus
1 year(xi) Failure to maintain tax identification number Until proof of tax identification number is provided to the Department plus
3 monthsUntil proof of tax identification number is provided to the Department plus
6 monthsUntil proof of tax identification number is provided to the Department number plus 1 year 1st through 3rd Violations 4th Violation 5th and Subsequent Violation [(ix)] (xii) Failure to give a written receipt or
work order to customer, or to list required information on work order[2 months] Counseling [4] 6 months 1 year [(x) Failure to satisfy monetary penalties for violations of Chapter 177 (relating to emission inspection program) within 90 days of notification Suspension until amount due is paid 2 months or until amount due is paid, whichever is greater 6 months or until amount due is paid, whichever is greater] (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] employee was without knowledge of the violation, and should not have known of the violation.
(1) The station owner bears the burden of proving that it provided proper supervision of the [employe] employee who committed the violation, but that 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 indicated in this subchapter.
(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] that the Department would otherwise impose.
(2) A point assessment will not exceed eight 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 ten or more points.
[(1) The first occurrence of an accumulation of ten points or more shall result in a suspension for a period of 2 months for each point over nine points; the second occurrence of an accumulation of ten points or more shall result in a suspension for a period of 4 months for each point over nine points; the third occurrence of an accumulation of ten points or more shall result in a suspension for a period of 6 months for each point over nine points.
(2) The fourth occurrence for an accumulation of ten or more points shall result in a permanent suspension.]
(1) The first occurrence of an accumulation of ten points or more will result in a suspension for 2 months for each point over nine points.
(2) The second occurrence of an accumulation of ten points or more will result in a suspension for 4 months for each point over nine points.
(3) The third occurrence of an accumulation of ten points or more will result in a suspension of 1 year.
[(3)] (4) Only suspensions issued as the result of an accumulation of points shall be counted in determining whether a suspension for point accumulation is a second[, third or fourth] or third suspension.
[(4)] (5) 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[,] or third [and fourth] suspensions.
(e) Restoration of suspensions. Stations and [mechanics] safety inspectors that have had their privilege to inspect suspended [shall] will be restored as follows:
(1) A station that has been suspended as a result of a point accumulation [shall] will have its point total reduced to six points upon restoration.
(2) Additional points assessed against the station since the last violation resulting in a suspension will be added to the point record unless the station has served an additional suspension under subsection (c)(3).
(3) A certified [inspection mechanic] safety inspector that has been suspended under this chapter will be restored at the termination of the suspension.
(4) Prior to restoration, the station shall meet the reapplication requirements of § 175.52 (relating to reapplication) to ensure timely restoration.
(f) Removal of points. Points assessed against a station [shall] will be removed at the rate of two points for each 12 consecutive months in which the station has not had additional violations charged against it that could result in additional points. The 12-month period starts at the date of the last violation resulting in points or from the date of restoration of a suspension resulting from an accumulation of points, whichever occurred last.
(g) Subsequent violations. Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
(h) Multiple violations. In the case of multiple violations [which] that are reviewed and considered at one Departmental hearing, the Department will impose separate penalties for each violation as required by the schedule. The Department may direct that a suspension be served concurrently. If the Department permits a station to accept points in lieu of a suspension, the points will be assigned for the more serious violation affecting each vehicle. Violations affecting more than one vehicle will be treated as separate violations.
(i) Sale of business. An inspection station may be sold, transferred or leased to a new owner, and an application for appointment will be considered while the station is suspended or restored pending an appeal unless sold, transferred or leased to a person affiliated with the station or related to the station owner.
(j) Confiscated materials. Certificates of inspection and records confiscated as the result of an investigation will be retained by the [inspection station supervisor] Quality Assurance Officer. Certificates of inspection, certificates of appointment, [mechanic] safety inspector certification cards and records confiscated as the result of a suspension will be returned to the Department. [The Department will refund 75% of the purchase price for certificates of inspection confiscated as the result of a suspension.]
(k) Official documents. Whenever an inspection station or [mechanic is suspended or cancelled] safety inspector is suspended, the Department may order the surrender, upon demand, to [an Inspection Station Supervisor] a Quality Assurance Officer or authorized representative of the Department of any of the following items:
(1) Inspection records.
(2) A certificate of appointment.
(3) Signature cards.
(4) Unused certificates of inspection.
(5) Unused monthly insert tabs.
(6) A [mechanic] safety inspector certification card.
§ 175.52. Reapplication.
After a suspension has been served, inspection privileges will not be restored until an application for reappointment has been received by the Department. Upon receipt of [an] a complete application for reappointment following suspension of 3 months or more, a complete and thorough investigation by the [inspection station supervisor] Quality Assurance Officer will be conducted to determine if the applicant qualifies for reappointment under Subchapter B (relating to official inspection stations). Other applications for reappointment are subject to investigation at the discretion of the Department. [The station shall submit an application for appointment 30 days prior to the restoration date to ensure timely restoration.]
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