1. (a) Schedule of penalties. The complete operation of an official emission inspection station shall be the responsibility of the owner. 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. In addition, violators are also subject to criminal prosecution. Every general, fleet or Commonwealth emission inspection station shall be subject to the following schedule of penalties and suspension:

   	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 and $2,500 fine	Permanent and $5,000 fine
   (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection	1 year and $2,500 fine	Permanent and $5,000 fine
   (iii) Fraudulent recordkeeping	1 year and $2,500 fine	Permanent and $5,000 fine
   Category 2 (Improper Activities)
   (iv) Faulty inspection	3 months and $1,000 fine	1 year and $2,500 fine	3 years and $5,000 fine
   (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g)	3 months	6 months	1 year
   (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent	3 months or until produced, whichever is greater	6 months or until produced, whichever is greater	1 year or until produced, whichever is greater
   (vii) Inspection by uncertified inspector	3 months	6 months and $1,000 fine	1 year and $2,500 fine
   (viii) Improper recordkeeping	2 months	6 months	1 year
   (ix) Improper inspection	Warning	2 months and $250 fine	6 months and $500 fine
   (x) Requiring or indicating unnecessary repairs for purpose of inspection	3 months	6 months	1 year
   (xi) Misstatement of fact	1 month	3 months	1 year
   (xii) Improper assigning of certificate of inspection	1 month	3 months	1 year
   (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
   Category 3 (Careless Activities)
   (xv) Inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege	2 months	4 months	6 months
   (xvi) Inspection by emission inspector with expired inspector certification	Warning	4 months	6 months
   (xvii) Improper use of emission inspector certification	Warning	2 months and $250 fine	6 months and $500 fine
   (xviii) Improper security of certificate of inspection	Warning	3 months	1 year
   (xix) Unclean inspection area	Warning	Warning	3 months
   (xx) Careless recordkeeping	Warning	Warning	3 months
   (xxi) Missing or broken tools	Warning, if repaired or replaced; if not, suspension until tools are repaired or replaced	1 month or until tools are repaired or replaced, whichever is greater	6 months or until tools are repaired or replaced, whichever is greater
   (xxii) Bad Check	Warning, if amount due is paid within 10 days from date notified. If not, suspension until amount is paid	3 months or until amount due is paid, whichever is greater	6 months or until amount due is paid, whichever is greater
   Category 4 (Negligent)
   (xxiii) Failure to report discontinuance of business	1 year	2 years	Permanent
   (xxiv) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station	3 months	6 months	1 year
   (xxv) Failure to make emission inspection test printout available to customer	Warning	Warning and $100 fine	1 month

2. (b) Assignment of points. If the station owner, manager, supervisor or other management level employee was without knowledge of the violation, the Department may permit the station owner to consent to the acceptance of a point assessment for the station in lieu of suspension.

   1. (1) The station owner bears the burden of proving that the station owner provided proper supervision of the employee who committed the violation, but that the owner’s supervision could not have prevented the violation.
   2. (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 provided in this chapter for the offense committed.

3. (c) Point determination. When offering a point assessment, in lieu of a suspension, the Department will calculate points in the following manner:

   1. (1) One point will be assessed for every month of suspension which the Department would otherwise impose.
   2. (2) A point assessment will not exceed 8 points for a single violation.
   3. (3) If an inspection station is currently serving a suspension for a violation of this chapter, no point assessment will be made.

4. (d) Point suspension. The Department will suspend the privileges of an official inspection station for an accumulation of points whenever the station accumulates 10 or more points.

   1. (1) The first occurrence of an accumulation of 10 points or more shall result in a suspension for 2 months for each point over 9 points; the second occurrence of an accumulation of 10 points or more shall result in a suspension for 4 months for each point over 9 points; the third occurrence of an accumulation of 10 points or more shall result in a suspension for 6 months for each point over 9 points.
   2. (2) The fourth occurrence for an accumulation of 10 or more points shall result in a permanent suspension.
   3. (3) Only suspensions issued as the result of an accumulation of points shall be counted in determining whether a suspension for point accumulation’s is a second, third or fourth suspension.
   4. (4) 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, third and fourth suspensions.
5. (e) Voluntary discontinuance. A certificate of appointment will be cancelled by the Department whenever the owner voluntarily discontinues the operation of an emission inspection station. Remaining emission inspection materials shall be returned to the quality assurance officer upon request of the Department.
6. (f) Abandonment. A certificate of appointment will be cancelled by the Department, and inspection materials confiscated when the owner of record abandons the place of business and cannot be located.
7. (g) Sale of business. If an emission inspection station is sold or leased to a new owner, an application will not be considered while the station is suspended or restored pending an appeal of a suspension.

Source

The provisions of this § 177.602 amended November 21, 2003, effective November 22, 2003, 33 Pa.B. 5706; corrected July 21, 2006, effective February 7, 2004, 36 Pa.B. 3815. Immediately preceding text appears at serial pages (301944) to (301951).

Cross References

This section cited in 67 Pa. Code § 177.672 (relating to restoration of certification of an emission inspection station after suspension).