Subchapter C. CERTIFICATE OF INSPECTION
Sec.
175.41. Procedure.
175.42. Recording inspection.
175.43. Security.
175.44. Ordering certificates of inspection.
175.45. Violation of use of 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 the Vehicle Inspection Division shall immediately be notified.
(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.
(1) The temporary inspection approval indicator shall be affixed as described in subsection (e)(5) so as to be visible to the vehicle operator (while seated in the driver’s location) without obscuring any required information entered on the back of the safety certificate of inspection.
(2) When replacing a certificate of inspection for which a temporary inspection approval indicator has been issued, the back of the new certificate of inspection shall be completed using the information recorded at the time of the original inspection.
(d) Affixing certificate of inspection or temporary inspection approval indicator. The certificate of inspection or temporary inspection approval indicator shall only be affixed to the vehicle immediately upon the successful completion of the inspection, on the premises of the official inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official inspection station. A certificate of inspection or temporary approval indicator may not be issued or affixed at another area or location.
(1) It is the responsibility of the certified inspection mechanic who performed the inspection to affix the certificate of inspection or temporary inspection approval indicator to the vehicle in the location prescribed by the Department. The certificate of inspection or temporary inspection approval indicator shall be affixed only after completion of the entire inspection, including the road test. A mechanic exempted by the Department from performing the road test under this chapter is responsible for affixing the certificate of inspection or temporary inspection approval indicator.
(i) Inspection stations may not replace a certificate of inspection to which a temporary inspection approval indicator has been affixed if one or more of the following apply:
(A) The inspection station did not perform the original inspection of the vehicle or issue the temporary inspection approval indicator affixed to the current certificate of inspection.
(B) The vehicle does not display a renewed emission certificate of inspection.
(C) The original safety certificate of inspection has expired.
(D) The vehicle is in an obviously unsafe condition, including, but not limited to, bald tires, exhaust leaks, broken glazing and broken or missing lighting.
(ii) Inspection stations may charge the posted fee for inspection of a vehicle to which a temporary inspection approval indicator has been affixed. A fee may not be charged for the temporary inspection approval indicator. The posted fee for the new certificate of inspection may only be charged when the new safety certificate of inspection is affixed to the vehicle.
(2) The surface on which the sticker is to be attached shall be wiped dry and clean of road film, grease and moisture for proper adhesion. The following apply:
(i) The glass or body surface shall be cleaned thoroughly.
(ii) The protective slip sheet shall be removed from the adhesive side of the certificate of inspection or temporary inspection approval indicator.
(iii) The sticker shall be positioned carefully, then squeezed until it is tightly affixed to the windshield, body or existing certificate of inspection.
(iv) Only the current certificate of inspection shall be visible.
(e) Certificate of inspection location. The certificate shall be located as follows:
(1) On a motor vehicle, the certificate of inspection shall be affixed in an upright position, to the extreme lower left-hand inside corner of the windshield—driver’s side.
(2) On a motorcycle or a motor-driven cycle, the certificate of inspection shall be affixed in a clearly visible, upright position to one of the following areas of the vehicle:
(i) On the left side—traffic side—of the front fork.
(ii) On the left side—traffic side—of the front fender.
(iii) On a plate attached by weld or rivets to the left side—traffic side—of the vehicle for purposes of mounting the certificate of inspection.
(3) The new certificate of inspection may not be placed over the old certificate of inspection. The certificate of inspection which expired or is about to expire shall be removed prior to placement of the new certificate of inspection.
(4) On trailers, the certificate of inspection shall be affixed, in an upright position, to the left front—traffic side—of the trailer, approximately 6 feet high, if possible. The certificate may not be placed on the nose or front side of the trailer. A holder is permitted if it is in the proper location and the certificate of inspection is affixed to prevent theft or transfer to another vehicle. The new certificate of inspection may not be placed over the old certificate of inspection.
(5) The temporary inspection approval indicator shall be affixed to the top left portion of the reverse side of the existing safety certificate of inspection so as to be visible to the vehicle operator (while seated in the driver’s location) without obscuring any required information entered on the back of the safety certificate of inspection.
(f) Inspection cycles. When selecting the proper type of certificate insert, the new expiration date is based upon whether the inspection is an annual or semiannual inspection.
(1) An annually inspected vehicle will receive an inspection for 1 year from the expiration of the safety inspection sticker which is about to expire, except motorcycles, which receive an expiration in accordance with charts provided by the Department. A sticker may not be issued for more than 15 months from the month of inspection. If a vehicle, other than a motorcycle, does not display a currently valid certificate of inspection, the vehicle shall receive an inspection valid for 1 year from the month of inspection.
(2) A semiannually inspected vehicle will receive an inspection for no more than 9 months based on charts supplied by the Department.
(3) Insert stickers will be selected based upon the expiration date on the new inspection. If the vehicle is subject to emission inspection as determined by an I/M indicator on the registration card, the vehicle will receive an I/M indicator tab on the safety certificate of inspection.
(4) A temporary inspection approval indicator shall be used to indicate that a vehicle has successfully passed the required periodic safety inspection, but shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle. The temporary inspection approval indicator does not extend the expiration of any certificate of inspection to which it is affixed.
Authority The provisions of this § 175.42 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 this § 175.41 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1101; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; corrected November 26, 1982, effective October 30, 1982, 12 Pa.B. 4058; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5130; 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 (235229) to (235232) and (302897).
Notes of Decisions One year suspension of inspection privileges was warranted where service station owner furnished certificate without inspection by affixing inspection certificate to dump truck and permitted owner to remove truck from station before bringing the vehicle into compliance with the Vehicle Code. Department of Transportation v. DiMichele, 575 A.2d 678 (Pa. Cmwlth. 1990).
Cross References This section cited in § 175.42 (relating to recording inspection).
§ 175.42. Recording inspection.
(a) Fraudulent recording. Fraudulent recording of an inspection will be considered cause for suspension of inspection privileges.
(b) Signature. The certified mechanic who performed the entire inspection shall place his signature in accordance with the following recordkeeping requirements:
(1) At stations utilizing Form MV-431 or MV-480, the certified mechanic who performed the entire inspection shall place his signature in the appropriate column of Form MV-431 or MV-480 immediately following the inspection. Both the mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall place their signatures in the appropriate column.
(i) When the inspection information is transferred from a work order to the Form MV-431 or MV-480 by anyone other than the certified mechanic who performed the inspection, the work order shall contain the certified mechanic’s signature and be retained for audit.
(ii) The person who enters the information shall place the name of the certified mechanic in the appropriate column and the initials of the person putting the information on the form in the appropriate column.
(iii) A mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall sign the work order.
(iv) The person who transfers the information shall place the names of both certified mechanics in the appropriate column.
(2) At stations utilizing an electronic data collection and storage program, the certified mechanic who performed the entire inspection shall place his signature on the work order immediately following the inspection. Both the mechanic exempted from performing the road test under this chapter and the certified mechanic who performed the road test shall place their signatures on the work order. Work orders shall be retained for audit.
(c) Records retention.
(1) The original official inspection report sheet (Form MV-431 or MV-480) shall be retained as a garage record and kept on file at the station for audit. At the close of each inspection period, the official inspection report sheet shall be placed in the station’s files, even though all spaces may not have been used, and a new inspection report sheet shall be started for the new inspection period.
(2) A work order signed by the inspecting mechanic as required under this section shall be available for inspection upon request by the inspection station supervisor or an authorized representative of the Department.
(d) Content.
(1) Stations utilizing Form MV-431 or MV-480. The paper inspection report sheet (Form MV-431 for passenger cars, trucks and buses or MV-480 for motorcycles and trailers) shall be neat and legible and completed in its entirety. Details pertinent to every vehicle inspected, including rejections, shall be recorded on the report sheet at the time of inspection. Items inspected, adjusted or repaired shall be recorded. If the report sheet lists a piece of equipment which does not apply to the specific type of vehicle being inspected, a dash shall be placed in the column to indicate it has not been overlooked or neglected. Certificates of inspection issued shall be listed in numeric order.
(i) Temporary inspection approval indicators, if issued in lieu of a certificate of inspection, shall be recorded on a separate report sheet (Form MV-431) and shall be indicated in the area designated for the sticker number. This separate report sheet shall be completed as described in this subsection except a ‘‘T’’ shall be entered in the area designated for the sticker number to indicate that a temporary inspection approval indicator was issued. An inspection station may not impose a sticker charge for the issuance of a temporary inspection approval indicator.
(ii) Upon the return of a vehicle for which a temporary inspection approval indicator has been issued, the station which originally affixed the temporary inspection approval indicator shall:
(A) Verify the year, make, body style, VIN and proof of financial responsibility for the vehicle presented for a renewed certificate of inspection to ensure it is the same vehicle indicated on the report sheet (Form MV-431) when the original inspection was performed. This information shall be recorded as a new entry on the regular report sheet (Form MV-431) where all inspection sticker serial numbers issued are recorded.
(B) Record, on the Form MV-431, the serial number of the new certificate of inspection to be affixed to the vehicle along with the vehicle owner’s name, address, VIN, license plate number, vehicle year make and body style. A reference to the date and number of the original inspection performed shall be noted in the shaded area to the left of the area designated for the sticker serial number and total cost (that is, See T-inspection number 123 dated 01/01/97).
(C) Enter, in the appropriate area of the report sheet (Form MV-431), the name of the certified inspection mechanic that verified the original inspection information and that is replacing the certificate of inspection.
(2) Stations utilizing an electronic data collection and storage program. The inspection record shall be completed in its entirety. Details pertinent to every vehicle inspected, including rejections, shall be recorded at the time of inspection. Items inspected, adjusted or repaired shall be recorded. If the inspection record lists a piece of equipment which does not apply to the specific type of vehicle being inspected, it shall be designated in the inspection record as ‘‘N/A’’ to indicate it has not been overlooked or neglected.
(i) For those vehicles which pass the safety inspection but do not yet display a renewed emission certificate of inspection as required, stations shall record a pending or incomplete safety inspection without issuing a safety certificate of inspection.
(ii) The temporary inspection approval indicator shall be affixed as described in § 175.41 (relating to procedure). Upon the return of a vehicle for which a temporary inspection approval indicator has been issued, the station which originally affixed the temporary inspection approval indicator shall:
(A) Verify the year, make, body style, VIN and proof of financial responsibility for the vehicle presented for a renewed certificate of inspection to ensure it is the same vehicle indicated on the inspector record when the original inspection was performed.
(B) Record, on the pending inspection record, the serial number of the new certificate of inspection to be affixed to the vehicle.
(C) If the name of the certified inspection mechanic that verified the original inspection information and that is replacing the certificate of inspection is someone other than the certified inspection mechanic who performed the original inspection, he shall also sign the work order.
(3) Replacing a certificate of inspection. The certified inspection mechanic replacing the certificate of inspection shall sign the back of the new certificate of inspection and record the information from the original inspection entry (wheels pulled, date of inspection, and the like) on the new certificate of inspection before it is affixed to the vehicle.
(4) Prohibitions against replacing a certificate of inspection. Inspection stations may not replace a certificate of inspection to which a temporary inspection approval indicator has been affixed if one or more of the following apply:
(i) The inspection station did not perform the original inspection of the vehicle or issue the temporary inspection approval indicator affixed to the current certificate of inspection.
(ii) The vehicle does not display a renewed emission certificate of inspection.
(iii) The original safety certificate of inspection has expired.
(iv) The vehicle is in an obviously unsafe condition, including, but not limited to, bald tires, exhaust leaks, broken glazing and broken or missing lighting.
(e) Nonrelated items. Gas, oil or other nonrelated items may not be included in total charges for repair and inspection.
(f) Classifications. The form numbers listed in this subsection explain the general classification of vehicles to be recorded on each type of inspection record:
(1) Form MV-431. Motor vehicles except motorcycles and motor-driven cycles shall be recorded on this form.
(2) Form MV-480. Trailer, motorcycle and motor-driven cycles shall be recorded on this form.
Authority The provisions of this § 175.42 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103, 4103(a), 4107, 4301, 4501, 4521, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.42 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended October 29, 1982, effective October 30, 1982, 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 February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; corrected March 5, 2004, effective February 7, 2004, 34 Pa.B. 1327; amended October 25, 2013, effective October 26, 2013, 43 Pa.B. 6349. Immediately preceding text appears at serial pages (302897) to (302898) and (305143).
Notes of Decisions 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).
While 67 Pa. Code § 175.202(b) (now 67 Pa. Code § 175.42(b)(1)), which allows someone other than the certified mechanic who performed the inspection to enter the required information onto the inspection form, requires the mechanic to sign the appropriate forms immediately after he has performed the inspection, there is no similar provision regarding the time when someone other than the mechanic must record the necessary information on the official forms. Department of Transportation v. Sortino, 462 A.2d 925 (Pa. Cmwlth. 1983).
§ 175.43. Security.
(a) Check for errors. When inspection stickers are received by the inspection station, they should be checked for errors. If errors are discovered, they shall be reported to the Vehicle Control Division at once.
(b) Not transferable. An inspection certificate is not transferable. It shall only be affixed to vehicles as designated on the inspection record sheet of the inspection station to which the certificates were issued.
(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 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.
(B) The vehicle is in an obviously unsafe operating condition.
(ii) The portion of the windshield containing the certificate of inspection shall be retained for audit by the inspection station supervisor.
(iii) Record all information from the old certificate of inspection on Form MV-431. The replacement certificate of inspection shall be recorded on the same Form MV-431 and marked ‘‘replacement sticker issued.’’ Stations utilizing an electronic data collection and storage program shall use the appropriate replacement sticker function menu to record replacements.
(iv) ‘‘Replacement’’ shall be marked on the reverse side of the replacement certificate of inspection.
(2) Only one current, valid certificate of inspection shall be visible on a vehicle. The old certificate of inspection shall be removed and completely destroyed before a new sticker may be affixed.
(3) A vehicle that has an expired emission certificate of inspection affixed and which no longer has an I/M registration indicator on the registration card, shall have the expired emission sticker removed by the safety inspection mechanic who is affixing a new safety certificate of inspection.
(d) Security. Inspection certificates and temporary inspection approval indicators 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 certificates of inspection and temporary inspection approval indicators issued to the station.
(e) Unused. Unused certificates of inspection for an expired period shall be retained by the inspection station until audited by the inspection station supervisor. The Department will refund 75% of the purchase price of the unused certificates of inspection after the audit has been completed.
(f) Issuance of certificates of inspection. Certificates of inspection will not be issued by the Bureau to anyone who is not listed as an authorized purchaser on Form MV-500 on file with the Bureau. The inspection station owner or manager shall accept full responsibility for certificates of inspection delivered to authorized purchasers listed on Form MV-500.
(g) Authorized purchasers. A new MV-500 to authorize persons to purchase certificates of inspection shall be ordered from the Vehicle Inspection Division immediately whenever an employee whose signature appears on the form is no longer employed by the station or a signature is to be added or deleted.
Authority The provisions of this § 175.43 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103, 4103(a), 4301, 4501, 4521, 4702, 4703, 4728 and 6103.
Source The provisions of this § 175.43 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; 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 (305143) to (305144) and (235237).
§ 175.44. Ordering certificates of inspection.
(a) Forms. The following requisition forms shall be used to order certificates of inspection and inserts:
(1) MV-436a. For vehicles.
(2) MV-467a. For inserts and temporary inspection approval indicators.
(b) Contents. Required 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) A requisition shall be personally signed by one of the persons whose signature appears on Form MV-500. The signature shall be identical to the one on file or the requisition will be rejected. No one may order certificates of inspection unless his signature is on the Form MV-500 on file with the Department.
(c) Additional instructions. 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 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.’’
(3) A requisition may be a snap-out form with two sheets in each set. A copy shall be forwarded to the Department. No copy may be detached.
(4) An incomplete or improper certificate of inspection requisition or check shall be returned to the official inspection station for correction. To avoid unnecessary inconvenience or delay, information shall be rechecked carefully.
(5) If certificates of inspection are to be delivered to a mailing address instead of the inspection station address, the mailing address shall be included on every requisition submitted to the Department.
(d) Copies. A copy of the requisition or a Department receipt will be returned with the order of certificates of inspection shipped from the Department. Station copies of the requisitions or Department receipts shall be kept on file at the station for 2 years and shall be made available for inspection upon request of the inspection station supervisor or an authorized representative of the Department.
(e) Suggested schedule. Certificates of inspection should be ordered as needed. Thirty days should be allowed for delivery.
(f) Additional certificates. An inspection station should anticipate its need for additional certificates of inspection.
Authority The provisions of this § 175.44 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 this § 175.44 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; 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 (235237) to (235239).
§ 175.45. Violation of use of certificate of inspection.
A person may not do any of the following:
(1) Make, issue, transfer or possess an imitation or counterfeit of an official certificate of inspection or temporary inspection approval indicator and shall be sanctioned consistent with 75 Pa.C.S. § 4730(c) (relating to penalty).
(2) Display or cause to be displayed on a vehicle or have in his possession a certificate of inspection or temporary inspection approval indicator knowing it is fictitious, stolen, issued for another vehicle or issued without an inspection having been made and shall be sanctioned consistent with the provisions of 75 Pa.C.S. § 4730(c) (relating to penalty).
(3) Furnish, loan, give or sell certificates of inspection and approval to another official inspection station or another person except upon an inspection made in accordance with this chapter. See 75 Pa.C.S. § 4730(b).
Authority The provisions of this § 175.45 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.45 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial page (221220).
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