§ 177.603. Schedule of penalties for emission inspectors.
Emission inspectors shall assume full responsibility for their acts as emission inspectors. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of emission inspection privileges. A violator may also be subject to criminal prosecution. After providing the emission inspector with an opportunity for a hearing, the Department may impose suspensions or penalties upon the emission inspector according to the following schedule of offenses for violations:
Duration of Suspension Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 3 months 1 year 3 years (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until produced (vii) Inspection by uncertified inspector 3 months and $100 fine 6 months and $500 fine 1 year and $1,000 fine (viii) Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning 2 months & $250 fine 6 months and $500 fine (x) Requiring or indicating repairs unnecessary for purpose of passing inspection 3 months 6 months 1 year (xi) Misstatement of fact 1 month 3 months 1 year (xii) Improper assigning of certificate of inspection Warning 2 months 6 months (xiii) Failure to verify registration or emission inspecting a vehicle with an expired registration 2 months 4 months 6 months (xiv) Failure to affix certificate of inspection immediately upon successful completion of the inspection 2 months 4 months 6 months (xv) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activities) (xvi) Inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege 2 months 4 months 6 months (xvii) Inspection by emission inspector with expired inspector certification Warning 4 months 6 months (xviii) Improper use of emission inspector certification Warning 2 months and $250 fine 6 months and $500 fine (xix) Improper security of certificate of emission inspection Warning 2 months 4 months (xx) Unclean inspection area Warning 1 month 4 months (xxi) Careless record keeping Warning 1 month 4 months (xxii) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months
Source The provisions of this § 177.603 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706. Immediately preceding text appears at serial pages (235313) to (235316).
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