Subchapter A. Inspection Requirements
Subchapter B. Official Inspection Stations
[Note: Insofar as the inspection of motorized pedalcycles and trailers with a gross weight of 3,000 pounds or less is required by Chapter 47, enforcement of it was suspended by section 8(g) of Act 81 of 1976, as amended April 6, 1979, P.L. 2, No. 2, until such time as the General Assembly by law revises said provisions and repeals the suspension imposed.]
§4721. Appointment of official inspection stations.
§4722. Certificate of appointment.
§4723. Certificate of appointment for inspecting fleet vehicles.
§4724. Suspension of certificates of appointment.
§4725. Use of certificate of appointment at official inspection stations.
§4726. Certification of mechanics.
§4727. Issuance of certificate of inspection.
§4728. Display of certificate of inspection.
§4729. Removal of certificate of inspection.
§4730. Violations of use of certificate of inspection.
§4731. Records of inspections and certificates issued.
§4732. Inspection Advisory Board.
§4733. Prohibited provision.
For the purpose of establishing a system of official inspection stations, the department shall issue certificates of appointment to privately owned facilities within this Commonwealth that comply with the requirements of this chapter and regulations adopted by the department. The department shall issue instructions and all necessary forms to such facilities. Official inspection stations are authorized to inspect vehicles and mass transit vehicles and issue official certificates of inspection.
(a) Application and issuance.--Application for a certificate of appointment shall be made upon an official form. The certificate of appointment shall be issued only when the department is satisfied that the station is equipped properly and has competent personnel to make inspections and adjustments and that inspections will be conducted properly. Only those stations fulfilling department requirements and complying with department regulations shall be issued a certificate of appointment.
(b) Separate application for each place of business.--If the applicant has or intends to have more than one place of business within this Commonwealth, a separate application shall be made for each place of business.
(c) Bond or proof of insurance.--Before issuing a certificate of appointment the department shall require a bond or proof of insurance to provide compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the applicant or its employees in such amount as is deemed adequate by the department pursuant to department regulations.
The department may issue a certificate of appointment under the provisions of this chapter to any person who owns or leases 15 or more vehicles or mass transit vehicles and who meets the requirements of this chapter and regulations adopted by the department. The certificate of appointment may authorize inspection of only those vehicles or mass transit vehicles owned or leased by such person.
(a) General rule.--The department shall supervise and inspect official inspection stations and may suspend the certificate of appointment issued to a station which it finds is not properly equipped or conducted or which has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the department. The department shall maintain a list of all stations holding certificates of appointment and of those whose certificates of appointment have been suspended. Any suspended certificate of appointment and all unused certificates of inspection shall be returned immediately to the department.
(b) Judicial review.--Any person whose certificate of appointment has been denied or suspended under this chapter shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The court shall set the matter for hearing upon 60 days' written notice to the department and take testimony and examine into the facts of the case and determine whether the petitioner is entitled to a certificate of appointment or is subject to suspension of the certificate of appointment under the provisions of this chapter.
(a) General rule.--No person shall in any manner represent any place as an official inspection station unless the station is operating under a valid certificate of appointment issued by the department.
(b) Transfer, use and posting.--No certificate of appointment for any official inspection station shall be assigned or transferred or used at any location other than the one designated in the certificate. The certificate of appointment shall be posted in a conspicuous place at such location.
(c) Penalty.--Any person violating this section is guilty of a summary offense punishable:
(a) General rule.--No mechanic shall conduct motor vehicle inspections or mass transit vehicle inspections at an official inspection station unless certified as to training, qualifications and competence by the department or the department's designate according to department regulations. The regulations relating to mass transit vehicle inspections shall require that any mechanic conducting such inspections shall possess proven competence in the area of mass transit vehicle operation and maintenance. The provisions of this title or regulations adopted thereunder shall not be construed or applied in a manner which would preclude or impair the right of a person who is a resident of another state, and who is in possession of a valid driver's license issued by such state, to be certified to conduct motor vehicle inspections or mass transit vehicle inspections at an official inspection station in this Commonwealth. A certified official inspection mechanic performing a road test on a vehicle for the purpose of conducting a motor vehicle inspection is not required to hold a commercial driver's license if the entire road test is performed on private property, provided the mechanic holds a valid Class C driver's license and the road test area is of adequate space and size to perform a complete and proper road test as specified in department regulations. No official inspection station appointment shall be issued or renewed unless a certified official inspection mechanic is employed there.
(b) Supervision and suspension.--The department shall supervise mechanics certified under this section and may suspend the certification issued to a mechanic if it finds that the mechanic has improperly conducted inspections or has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the department. The department shall maintain a list of all certified mechanics and of those whose certification has been suspended. Any suspended certificate shall be returned immediately to the department.
(c) Judicial review.--Any mechanic whose certificate has been denied or suspended under this chapter shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The court shall set the matter for hearing upon 60 days' written notice to the department and take testimony and examine into the facts of the case and determine whether the petitioner is entitled to certification or is subject to suspension of the certification under the provisions of this chapter.
(a) Requirements prior to inspection.--No vehicle, except a vehicle held by a dealer or manufacturer for which titling is not required or a mass transit vehicle for which titling is not required, shall be inspected unless it is duly registered or titled in this Commonwealth or in any other jurisdiction. The certified inspection mechanic shall examine the registration card, title or other document as specified in department regulations in order to ascertain that the vehicle is registered or titled or that an application for title has been submitted by the vehicle owner.
(b) Requirements for issuance of certificate.--An official certificate of inspection shall not be issued unless the vehicle or mass transit vehicle is inspected and found to be in compliance with the provisions of this chapter including any regulations promulgated by the department. Notation of the odometer reading shall be included on any certificate of inspection or other document as specified in department regulations.
(c) Unsafe school buses.--School buses found to be unsafe and placed out of service by an enforcement agency shall be reported by the enforcement agency to the school authorities.
(d) Proof of insurance.--
(i) An identification card as required by regulations promulgated by the Insurance Department.
(ii) The declaration page of an insurance policy.
(iii) A certificate of financial responsibility.
(iv) A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in Pennsylvania.
(e) Penalty.--An inspection official who fails to complete the official State Inspection record under subsection (d) or who issues a certificate of inspection with reason to know that there has been a violation of section 7122(4) (relating to altered, forged or counterfeit documents and plates) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. This subsection does not impose vicarious liability upon the station owner. The criminal liability of the station owner is dependent upon actual commission of the offense or upon solicitation, attempt or conspiracy to commit the offense.
The appropriate certificate of inspection shall be affixed to the vehicle or mass transit vehicle as specified in regulations adopted by the department.
No certificate of inspection shall be removed from a vehicle or a mass transit vehicle for which the certificate was issued except to replace it with a new certificate of inspection issued in accordance with the provisions of this chapter or as follows:
(b) Unauthorized use by official inspection station.--No official inspection station shall furnish, loan, give or sell certificates of inspection and approval to any other official inspection station or any other person except upon an inspection made in accordance with the requirements of this chapter.
(c) Penalty.--A violation of the provisions of this section constitutes a summary offense punishable:
A record shall be made of every inspection and every certificate issued and the record shall be forwarded to the department in the manner and at the time the department shall specify by regulation. An official inspection station and its records shall be open for inspection by any police officer or authorized department employee.
(a) Membership.--There shall be an Inspection Advisory Board consisting of 11 members appointed by the secretary. The board shall be composed of an authorized representative of the department and of the Pennsylvania State Police and representatives of the automotive industry and the public, as follows: a new car dealer, a used car dealer, a fleet owner, a certified mechanic, a service station operator, a parts and equipment wholesaler, an independent repair shop operator and two members of the general public who are licensed drivers.
(b) Duties.--The board shall advise the department and review regulations proposed by the department concerning inspection requirements and operation of official inspection stations.
(a) General rule.--It shall be unlawful for any agreement to contain a provision requiring the operation of a retail motor vehicle fuel station during those hours that are proven by a retail motor vehicle fuel station owner or operator to be unprofitable to such owner or operator.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
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