Opinion by
As a result of incidents occurring on May 17,18 and 20, 1979, the motor vehicle inspection license of Fisher’s Garage was suspended by the Department of Transportation (Department) for six months for fraudulent record keeping and for three months for faulty inspection. The official inspection mechanic’s license issued to Edward R. Fisher (Fisher) was suspended for the same periods and for the same reasons. An appeal from the Department’s actions was taken
On May 17,1979 a motor vehicle previously rejected for inspection by Fisher was returned to his garage for a reinspection. After that inspection was concluded and an official inspection certificate had been affixed to the vehicle, Fisher noticed an excessively loud noise emanating from the vehicle as it was being driven away. Suspecting an exhaust leak, Fisher made telephone contact with the operator of the vehicle and asked him to return it to the garage. Within two hours, the vehicle was returned and it was verified that indeed there was an exhaust leak.
Fisher’s sole contention in his appeal to this Court is that the trial court erred when it relied upon an allegedly independent basis for finding a faulty inspection, to wit, the failure of Fisher to road-test the vehicle. Fisher argues that the Department is somehow “locked in” by the trooper’s findings of the leaking exhaust, the cracked windshield and the insecure trailer hitch as the bases for the faulty inspection charge. The argument is tenuous at best.
First, the charge against Fisher was a faulty inspection. The trooper’s observations of what was wrong with the vehicle, as contained in his written report, were supportive of that charge but did not constitute the charge. The trooper’s report also mentioned that another mechanic performed parts of the inspection for Fisher. As we have noted, this is also a violation of Department regulations.
Next, the trial court did find that the vehicle had a defect in its exhaust system when it was seen at Fisher’s Garage by the trooper. The Court also found that if Fisher had road-tested the vehicle as he was required to do by Department regulations, the defect would have been discovered before the customer drove it away. When the inspection certificate was affixed, the vehicle had a defective exhaust and it had not been road-tested by the official inspection mechanic. Therein lies a faulty inspection.
Order affirmed.
Order
And Now, this 23rd day of October, 1980, the order of the Dauphin County Court of Common Pleas, dated September 13,1979 sustaining the suspension for three months of Edward R. Fisher as an official inspection mechanic and the suspension for three months of the inspection license of Fisher’s Garage, is affirmed.
When the customer returned the ear for the reinspection, he informed the garage that he wanted “a piece of tail pipe put in behind the muffler because I had a leak there.” For this repair he was charged $12.22.
