67 Pa. Code § 177.38. [Reserved].

§ 177.38. [Reserved].

Source

   The provisions of this §  177.38 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4193; amended August 31, 1984, effective September 1, 1984, 14 Pa.B. 3171; amended March 4, 1988, effective March 5, 1988, 18 Pa.B. 939; reserved September 26, 1997, effective October 1, 1997, 27 Pa.B. 5010. Immediately preceding text appears at serial pages (125285) to (125288) and (153617) to (153618).

Notes of Decisions

   Handwritten entry on a computer printout for an emissions inspection was a de minimis infraction and did not warrant the 3 month suspension of the service station because the vehicle in question passed inspection on a corresponding printout. Department of Transportation v. Slipp, 550 A.2d 838 (Pa. Cmwlth. 1988).
   A Department of Transportation regulation requiring service stations to maintain a second copy of each of the emissions test for 2 years was not retroactive to the date of reprimand hearing of a service station owner who kept the results of the tests on a computer disc prior to the effective date of the regulation even though the regulation was in effect at the time of the appeal. Department of Transportation v. Slipp, 550 A.2d 838 (Pa. Cmwlth. 1988).
   Petitioner’s lack of knowledge of State regulations was not a defense to his failure to comply with this section and the assurances from a representative for the company which sold the emissions inspection equipment that petitioner didn’t need an additional certificate were not sufficient to excuse petitioner’s lack of knowledge. Department of Transportation v. Sloane Toyota, Inc., 558 A.2d 585 (Pa. Cmwlth. 1989).
   Evidence supported finding owner strictly liable for actions of inspection station employees 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).

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