§ 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 and other employees involved in inspection.
(3) To notify the inspection station supervisor and the Vehicle Control Division when a certified mechanic 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.
(5) To keep certificate of inspection requisition forms for each inspection campaign.
(6) To assume full responsibility, with or without actual knowledge, for:
(i) Every inspection conducted by an employe of the inspection station.
(ii) Every inspection conducted on the premises.
(iii) Every certificate of inspection issued to the inspection station.
(iv) Every certificate of inspection issued by the inspection station.
(v) A violation of the Vehicle Code or this chapter related to inspections committed by an employe of the inspection station.
(7) To assure that each inspection is performed by an inspection mechanic certified to inspect that type of vehicle.
(8) To have available, at all times, a current certificate of inspection for all types of vehicles inspected at that station.
(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. 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.
(2) In the following circumstances, it shall not be necessary to surrender unissued certificates of inspection; however, no inspections shall be conducted until the new ownership has been approved and a new certificate of appointment issued:
(i) Creation, modification or termination of a partnership.
(ii) Incorporation of a business.
(iii) Transfer of the controlling interest in a corporation.
(iv) Transfer of ownership to a spouse, child or parent.
(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.
(3) Certificates of inspection will be audited by the inspection station supervisor 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 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. The inspection station supervisor 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. Remaining inspection materials shall be returned to the inspection station supervisor.
(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.
(1) Whenever certificates of inspection are damaged, lost or stolen.
(2) Whenever a certified mechanic or a person authorized to purchase certificates of inspection is dismissed or resigns.
(3) A change in the post office address of an inspection station, not location. The changes shall be reported at once on Form MV-427.
(4) A change of the company name, not ownership. The changes shall be reported at once on Form MV-427.
(5) When a person who signed the Form MV-427 application for a corporation is no longer in charge of the inspection station:
(i) A new Form MV-427 shall be submitted to the Bureau at once.
(ii) A new letter of authority is required for the person signing the Form MV-427.
(6) Whenever a person whose signature is on the signature card, Form MV-417, resigns or is relieved of inspection responsibilities, the owner shall request new signature cards from the Bureau at once. Upon receipt of new cards, the old cards shall be returned to the Bureau.
(f) Customer relations. The garage owner shall consult the vehicle owner for permission to make repairs.
(1) The permission may be established at the time the vehicle is brought to the station for inspection or after it is determined the repairs are needed.
(2) The vehicle owner shall be allowed to make his own repairs or to select anyone else he desires to do them for him.
(3) A part 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 all replaced parts.
(4) The vehicle owner shall be informed in writing on the receipt or work order of any parts which, although in passing condition, the mechanic believes may become dangerous before the next inspection period. The brake and tire readings shall be indicated in writing on the receipt or work order. If a temporary inspection approval indicator is issued, the receipt or work order shall also contain the following information:
(i) A statement which specifies that failure to return the vehicle displaying a renewed emission certificate of inspection to the station prior to the expiration of the safety certificate of inspection shall void the temporary inspection approval indicator and necessitate a complete reinspection of the vehicle for which a fee may be charged.
(ii) A statement indicating that the fee for affixing a new certificate of inspection which shall be charged upon the return of the vehicle for the new certificate of inspection to be affixed. This fee shall be no greater than the posted fee for the certificate of inspection as required by § 175.24(2) (relating to required certificates and station signs).
Authority The provisions of this § 175.29 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103, 4301, 4501, 4521, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of § 175.29 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862, corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; amended October 25, 2013, effective October 26, 2013, 43 Pa.B. 6349. Immediately preceding text appears at serial pages (337715) to (337716) and (235225) to (235226).
Notes of Decisions Careless recordkeeping is a lesser included offense of improper recordkeeping and no due process violation resulted from a finding of liability for lesser included offense in that accused was informed of substance of charge with reasonable certainty. Department of Transportation v. Tutt, 576 A.2d 1186 (Pa. Cmwlth. 1990).
Evidence supported finding owner strictly liable for actions of inspection station employes who altered the safety and emissions stickers; however, Department committed error by failure to consider point system penalty alternative. Strickland v. Department of Transportation, 574 A.2d 110 (Pa. Cmwlth. 1990).
As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
Receipt of a letter charging an owner of an inspection station with fraudulent record keeping puts that owner on constructive notice that the charge is ‘‘of the same nature’’ as a previous charge of fraudulent record keeping, and subsection (a)(2) requiring copies of regulations describing violations be available to all employes served notice, thus justifying imposition of a 3-year suspension even though the letter containing the second charge did not specify that the second offense was ‘‘of the same nature’’ as the first offense. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
An inspection station owner may be penalized for the violation of statutory provisions found in 67 Pa. Code § 175.29 (responsibilities of inspection station owners), as well as by the law of agency, by an employee acting within the scope of his authority, even though the employe acted disobediently and the owner had no reason to anticipate such misconduct. Department of Transportation v. Cox, 476 A.2d 1012 (Pa. Cmwlth. 1984).
The provisions of 67 Pa. Code § 175.29(a)(6)(cited as (6)) must be construed that an owner is responsible, with or without his knowledge, for acts conducted by his employe relating to inspections only where the employe acted within his scope of employment. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
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