[27 Pa.B. 5010]
[Continued from previous Web Page] (b) If a referee test is requested after the vehicle has failed the free retest and the vehicle passes the referee test, a certificate of inspection shall be affixed to the vehicle and the vehicle owner or operator need not pay for this test.
(c) If a referee test is requested after the vehicle has failed the free retest and the vehicle fails the referee test, the vehicle owner or operator shall pay for this test and any subsequent retests. If expenditures for repairs meet or exceed the requirements for a waiver stated in § 177.281 (relating to issuance of waiver), a certificate of inspection with a waiver indicator may be issued. If the requirements for a waiver have not been met, the vehicle shall then be repaired to meet the requirements for passing the emission inspection or for issuance of a waiver.
ISSUANCE OF WAIVER § 177.281. Issuance of waiver.
The Department or a single contractor shall issue a certificate of emission inspection with an indicator to show that the vehicle has received a waiver if:
(1) The subject vehicle has failed the initial emission inspection, qualifying repairs have been completed and the subject vehicle has failed the retest.
(2) Emission control devices, as originally equipped, are installed. Vehicles with emission devices which are obsolete and cannot be obtained through the original equipment manufacturer, aftermarket manufacturers or suppliers of used parts are exempt from this paragraph. Specific reporting requirements shall be completed and maintained as specified by the Department in this section and Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements.)
(3) The amount spent on qualifying repairs for a basic emission inspection:
(i) Would exceed $50 for 1974 and newer model year vehicles.
(ii) Would exceed $25 for pre-1974 model year vehicles.
(iii) Is recorded on the written estimate stating the general problem, the necessary major parts replacement items and the total necessary repair and labor costs which would exceed the total cost limitations.
(iv) Does not include costs for repairs performed on the vehicle before the initial test failure.
(v) Does include parts costs and labor costs paid for emission repair services performed on the vehicle if paid by the vehicle owner.
(vi) Does not include labor costs when work was performed by the vehicle owner or nonmechanic.
(vii) A low emission tune-up was performed within the cost limitations listed in subparagraph (i) or (ii).
(4) For an enhanced emission inspection, the procedure shall be as described in Appendix A and the amount spent on qualifying repairs shall:
(i) Be at least $150 for the 2-year period after commencement of the program in the affected area, and which thereafter shall be subject to annual adjustment as described in § 177.282 (relating to annual adjustment of minimum waiver expenditure).
(ii) Include charges for electronic diagnostic inspection, parts costs and labor costs paid for qualifying emission repair services performed on the vehicle if paid by the vehicle owner and if the qualifying repairs were performed by a recognized or certified repair technician. For qualifying emission repair services performed by someone other than a recognized or certified repair technician, the cost of parts but not labor utilized by nonrepair technicians may apply toward the waiver limit. The cost of parts for the repair or replacement for the following emission control components may be applied: oxygen sensor; catalytic converter; thermal reactor; EGR valve; fuel filler or gas cap; evaporative canister; PCV valve; air pump; distributor; ignition wires; coil; spark plugs; and power train management system. The cost of hoses, gaskets, belts, clamps, brackets or other accessories directly associated with these components may also be applied to the waiver limit. These repairs shall have been performed no more than 60 days prior to the initial emission inspection test.
(iii) Be considered qualifying if they are appropriate to the cause of the test failure.
(iv) Exclude expenses which are incurred in the repair of emission control devices which are:
(A) Found to be tampered with.
(B) Rendered inoperative.
(C) Not installed.
(v) Exclude costs recoverable under an emission warranty, insurance policy or prepaid maintenance agreement. These recoverable cost repairs shall be used before necessary repair costs can be applied toward the waiver cost limitations. The operator of a vehicle within the statutory age and mileage coverage under section 207(b) of the Clean Air Act (42 U.S.C.A. 7525(b)) shall present a written denial of warranty coverage from the manufacturer or authorized dealer for this provision to be waived.
(vi) Exclude the fee for emission inspection.
(vii) Exclude charges for giving a written estimate of needed repairs, except that the fee for an electronic diagnostic inspection may be included.
(viii) Exclude charges for checking for the presence of emission control devices.
(4) The vehicle owner or driver shall present the original of repair bills or receipts for parts to the inspection station to demonstrate compliance with the qualifying dollar amount for that year. The bills shall:
(i) Include the name, address and telephone number of the repair facility.
(ii) Describe the repairs that were performed.
(iii) State the labor or parts costs, or both, for each repair.
(iv) State on the written estimate the general problem, the necessary major parts replacement items and the total necessary repair and labor costs which would exceed the total cost limitations.
(5) Upon completion of waiver requirements and a visual check to determine that repairs were actually made, a certificate of emission inspection with a waiver indicator shall be affixed to the subject vehicle.
(6) Vehicles subject to an enhanced emission test may be issued a certificate of emission inspection with a waiver indicator without meeting the emission test standards of § 177.204 (relating to emission standards) if, after failing an emission retest, a complete, documented physical and functional diagnosis and inspection performed by emission inspection station personnel shows that no additional emission related repairs are needed.
§ 177.282. Annual adjustment of minimum waiver expenditure for enhanced emission inspection areas.
The minimum expenditure for the first 2 years after commencement of the program in an affected area is $150. Beginning with the 3rd year of the program in an affected area, an expenditure of at least $450 shall be required to qualify for a waiver. The $450 expenditure shall be adjusted annually in January of each year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989. The procedure for using the Consumer Price Index for determining the minimum waiver expenditure shall be as follows:
(1) The Consumer Price Index for a calendar year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.
(2) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
§ 177.283. (Reserved).
CERTIFICATES OF EMISSION INSPECTION PROCEDURES § 177.291. Certificates of emission inspection procedures.
(a) Certificates issued. The Department will issue a certificate of emission inspection, through an official emission inspection station, valid until the next scheduled emission inspection, for a subject motor vehicle which meets both the following:
(1) The motor vehicle has passed an inspection or reinspection performed by the emission inspection station.
(2) The motor vehicle has all required emission control devices installed under § 177.281 (relating to issuance of waiver).
(b) Certification procedures.
(1) Motor vehicles inspected under safety inspection regulations existing on October 1, 1997, shall have their registration card checked by the examining inspector for an I/M designated code printed on the registration card.
(2) A registration card containing the designation I/M shall indicate that the vehicles shall be emission inspected.
(3) A motor vehicle with a registration card containing the designation ''emission inspection required'' shall have a specified I/M indicator insert placed on the proper certificate of safety inspection and affixed to the windshield upon passing safety inspection.
(4) A subject vehicle shall be required to undergo an annual emission inspection and, with the exception of vehicles which receive a waiver under § 177.281 (relating to issuance of waiver) may not exceed the emission standards specified in § 177.204 (relating to emission standards). Upon compliance or issuance of a Certificate of Waiver an emission inspection sticker shall be affixed to the immediate right (when viewed from the driver's position) of the safety inspection sticker or, in the case where a truck weight class sticker is present, to the immediate right (when viewed from the driver's position) of the truck weight class sticker.
(5) If the vehicle fails the emission inspection, no certificate of emission inspection may be issued except under § 177.281.
(6) A motor vehicle bearing a specified safety inspection sticker with an I/M Indicator Insert which does not have a currently valid emission inspection sticker affixed to the windshield shall be in violation of section 4703 of the Vehicle Code (relating to operation of vehicle without official certificate of inspection) and shall be subject to the penalties and fines provided in the Vehicle Code.
(c) Unauthorized display of certificate of emission inspection. A certificate of emission inspection may not be marked and affixed to a vehicle until it has successfully passed emission inspection requirements of Chapters 45 and 47 of the Vehicle Code (relating to other required equipment; and inspection of vehicles) and this chapter.
(d) Required information. The required information on the rear of the certificate of emission inspection shall be completed in permanent ink.
(e) Inspection cycle. The proper I/M monthly insert for certificate of emission inspection shall be coordinated with the vehicle safety inspection. Vehicles which are emission inspected shall receive an inspection for no more than 15 months and no less than 3 months, based on the vehicle's registration month and charts supplied by the Department.
(f) Affixing certificate. The certificate of emission inspection shall be affixed to the vehicle only at the premises of the official emission inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official emission inspection station. Certificates of emission inspection may not be issued or affixed at any other area or location.
(1) The surface on which the sticker is to be attached shall be wiped dry and clean of road film, grease or moisture for proper adhesion. The following instructions apply:
(i) Clean the glass thoroughly.
(ii) Remove the protective slip sheet from the adhesive side of sticker.
(iii) Place the proper monthly indicator insert in the appropriate position so that month and year of expiration are visible to oncoming traffic.
(iv) Position the sticker carefully to the immediate right (when viewed from the driver's position) of the current certificate of safety inspection or, where a truck weight class sticker is present, to the immediate right (when viewed from the driver's position) of the truck weight class sticker. Press firmly until tightly affixed to the windshield.
(2) It shall be the responsibility of the certified emission inspector to affix the certificate of emission inspection. Only the certified emission inspector who performed the entire emission inspection shall affix the certificate of emission inspection to the vehicle.
(g) Faulty inspection. A deviation or change in the procedure specified in this section shall be considered a faulty inspection and the certificate of emission inspection issued as a result shall be void.
(h) Unauthorized display of certificate of emission inspection. A certificate of emission inspection may not be marked and affixed to a vehicle until the vehicle has successfully passed an emission inspection meeting the emission requirements of Chapters 45 and 47 of the Vehicle Code (relating to other required equipment and inspection of vehicles) and this chapter.
(i) Data entry errors. If a data entry error occurs, the error and the error correction shall be clearly noted on the computerized record of inspection.
(j) Voided certificates of emission inspection. If it is necessary to void a certificate of emission inspection, the certificate number and the reason shall be clearly noted on the computerized record of inspection.
§ 177.292. Recording inspection.
(a) Fraudulent recording. Fraudulent recording of required data or other forms and cards will be considered cause for suspension of inspection privileges.
(b) Proper forms. The emission inspection inspector shall enter required data into the emission analyzer and record required information on the proper and applicable report forms and place his signature in the appropriate columns designated. This shall be done immediately following the emission inspection.
(c) Certificate of waiver. For basic inspection program areas, a Certificate of Waiver Form shall be completed and maintained at the emission inspection station for every emission certificate of waiver issued. Information required on the form shall be completed and shall correspond exactly to the subject vehicle for which the waiver was issued. For enhanced emission inspection areas, the electronic waiver process shall be completed on the inspection analyzer. A waiver insert, as supplied by the Department, shall be placed on each emission certificate of inspection issued through the waiver process. The certificate of waiver form may be collected or the results of the electronic waiver process may be reviewed by the Department or its designee on an unannounced periodic basis.
(d) Nonrelated items. Gas, oil or other nonrelated items may not be included in the total charges for emission inspection.
(e) Supply. A supply of report sheets and other emission forms may be obtained from the Vehicle Inspection Division.
ON-ROAD TESTING § 177.301. Authorization to conduct on-road emission testing.
The Department will conduct on-road testing of subject vehicles as authorized in section 4704(a)(4) of the Vehicle Code (relating to inspection by police or Commonwealth personnel).
§ 177.302. On-road testing devices.
Testing may include the use of remote sensing devices or systematic roadside checks using tailpipe exhaust testing devices.
§ 177.303. (Reserved)
§ 177.304. Failure of on-road emission test.
The owner or operator of a subject vehicle that was required to have an enhanced emission inspection and that fails an on-road emission test shall have 30 days following notice of the failure in which to have the failed vehicle pass an enhanced emission inspection or to produce evidence that the subject vehicle has a valid emissions test waiver.
§ 177.305. Failure to produce proof of correction of on-road emission test failure.
If the owner of a subject vehicle fails to produce, within 30 days following notice of the failure of an on-road test, evidence that the vehicle has passed an emission inspection or evidence that the vehicle has a valid emissions inspection test waiver, the Department will recall the vehicle's registration. The vehicle may not be driven on the roads of this Commonwealth except as permitted under section 4703(b)(11) of the Vehicle Code (relating to operation of vehicle without official certificate of inspection).
Subchapter D. OFFICIAL EMISSION INSPECTION STATION REQUIREMENTS GENERAL
Sec.
177.401. Appointment. 177.402. Application. 177.403. Approval of emission inspection station. 177.404. Required certificates and station signs. 177.405. Emission inspection areas. 177.406. Tools and equipment. 177.407. Hours of operation. 177.408. Certified emission inspectors. OBLIGATIONS AND RESPONSIBILITIES OF STATION OWNERS/AGENTS
177.421. Obligations and responsibilities of station owners/agents. 177.422. Commonwealth enhanced emission inspection stations. 177.423. Fleet basic and emission inspection stations. 177.424. General emission inspection stations. 177.425. Security. 177.426. Ordering certificates of emission inspection. 177.427. Violations of use of certificate of emission inspection. QUALITY ASSURANCE
177.431. Quality assurance.
GENERAL § 177.401. Appointment.
(a) Authority. For the purpose of establishing a system of official emission inspection stations, the Bureau will issue certificates of appointment to facilities within this Commonwealth that comply with the Vehicle Code and this title. Official basic and enhanced emission inspection stations are authorized to conduct basic and enhanced emission inspections and issue official certificates of emission inspection.
(b) Certificate of appointment. The certificate of appointment for emission inspection stations will be issued only when the Bureau is satisfied that the station is properly equipped and employs certified basic or enhanced emission inspectors, as applicable, to perform basic or enhanced emission inspections. Only those stations fulfilling Department requirements and complying with this chapter will be issued an emission certificate of appointment. Prior involvement with a suspended inspection station may be sufficient cause to deny appointment. The emission certificate of appointment shall be conspicuously displayed at the place for which issued, in accordance with 75 PA C.S. § 4722 (relating to certificate of appointment).
(c) Certificate not assignable. A certificate of appointment for an emission inspection station may not be assigned or transferred to another person, business entity or location and shall be valid only for the person or business entity in whose name it is issued and for transaction of business at the place designated therein.
(d) Valid certificate required. No person may represent any place as an official emission inspection station unless the station is operating under a valid certificate of appointment issued by the Bureau.
(e) Inspection stations with common access. An emission certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of another official emission inspection station which utilizes the same access. This subsection does not apply where the inspection stations have separate internal accesses, though sharing a common external access.
(f) Suspended inspection stations. An emission certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of an official emission inspection station which has been suspended if the owner of the suspended station continues to conduct any type of business which utilizes the same access. This subsection does not apply where the station and the other business each have a separate internal access, though sharing a common external access.
§ 177.402. Application.
(a) Form. The applicant shall file one copy of the Official Emission Inspection Station Update/Official Emission Inspection Station Application, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance.
(1) An applicant for a certificate of appointment shall furnish a bond, on a form prescribed by the Department, or proof of insurance as required by section 4722(c) of the Vehicle Code (relating to certificate of appointment).
(2) The bond or insurance shall be in the amount of $10,000 for each place of business and shall provide compensation to a vehicle owner for damage the vehicle may sustain while it is in the possession of the emission inspection station.
(3) The bond or insurance shall be renewed each year.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance.
(c) Specification of type. The application shall indicate the type of emission inspection station authorization applied for, that is, Commonwealth, general or fleet.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application:
(1) The applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, co-partnership or association, the application shall be signed by an officer, partner or associate, or some other person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the person to sign the application shall be attached to the application and attested to by a partner, or corporation or association officer.
§ 177.403. Approval of emission inspection station.
(a) Investigation. A quality assurance officer or other authorized Commonwealth representative or agent will conduct an investigation of each applicant to determine full compliance with Chapter 47 of the Vehicle Code (relating to inspection of vehicles) and this chapter.
(b) English comprehension. The applicant and each certified emission inspector shall be sufficiently versed in the English language to understand the Vehicle Code and this chapter.
(c) Issuance and display of certificate. Upon approval of the application by the Bureau, a certificate of appointment will be issued to the applicant for the place of business within this Commonwealth as set forth in the application. Emissions inspections may not be performed unless a certificate of appointment has been issued to and is prominently displayed at the officially designated station.
§ 177.404. Required certificates and station signs.
After appointment the owner of an emission inspection station shall prominently display the following:
(1) A certificate of appointment for each type of emission inspection station approved for the location.
(2) A sign clearly stating the fee for inspection, that the fee is the same whether the vehicle passes or fails, that the fee for inspection includes the cost of labor for the inspection, but not the cost of parts, repairs and adjustments, and that no additional charge shall be made by the inspecting station for one necessary reinspection within 30 days of the original inspection. Fleet and Commonwealth stations are exempt from this paragraph.
(3) The current list of certified emission inspectors.
(4) An approved official emission inspection sign outside of the garage that is clearly visible to the public. This sign shall have a keystone design which is at least 24 inches high and 21 inches wide. The background shall be navy blue with gold lettering. The station number plate shall be at least 3 inches high and at least 13 inches wide. The background shall be green with white station numbers. If a keystone designated sign is already present, the station number shall be placed below present plates. If hung from a bracket, the sign shall be double faced. Fleet and Commonwealth emission inspection stations are exempt from this paragraph.
(5) A sign clearly providing the location and telephone number of the quality assurance officer or the Vehicle Inspection Division.
§ 177.405. Emission inspection areas.
(a) Emission inspections shall be conducted within approved enclosed or outside inspection areas that are safe, sound, well ventilated, and in good repair and condition.
(1) Emission inspections shall be conducted within an approved enclosed building when outside temperatures are below 35°F or above 110°F or relative humidity exceeds 85%, or when it is precipitating.
(2) Emission inspections may be conducted in an approved area outside an enclosed building when outside temperatures are between 35°F and 110°F with from 0 to 85% relative humidity and if there is no precipitation. The analyzer shall remain within the approved enclosed building at all times but the probe and exhaust gas hose may be extended outside to the vehicle being inspected.
(b) Anticipated alterations or changes affecting the condition, size or safety of inspection areas shall be reported to the Quality Assurance Officer within 5 days of the anticipated alteration or change.
(c) The floor shall be of a hard, clean surface and in sound, smooth condition. Dirt floors will not be approved.
(d) The inspection area shall be free of obstructions, including shelves, work benches, partitions, displays, machinery and stairways, unless, in the opinion of the Quality Assurance Officer, the obstruction does not protrude into the area far enough to curtail or interfere with inspection.
(e) Enhanced emission inspection stations shall be at least 12 feet by 22 feet.
§ 177.406. Tools and equipment.
(a) General requirements. Official emission inspection stations shall have tools and equipment in good, satisfactory operating condition to be able to conduct emission inspections upon a subject vehicle. Tools required shall include the following:
(1) Portable light.
(2) Socket set.
(3) Screw drivers (assorted).
(4) Floor jack.
(5) Pliers (assorted sizes).
(6) Floor stands (two).
(7) Tachometer.
(8) Vacuum gauge.
(9) Hand vacuum pump.
(10) Dwell meter.
(11) Timing light.
(12) Spark plug gapper.
(13) Propane enrichment set.
(14) Ohms resistance gauge.
(15) Wheel chocks.
(16) Approved emission inspection and maintenance textbooks/workbooks or electronic or computerized medium with supplements and current changes and approved handbooks and manuals.
(17) Exhaust emission analyzer approved by the Bureau and certified by the manufacturer as meeting or surpassing specifications set forth in subsection (b).
(18) PCV tester.
(19) Approved dynamometer, where applicable.
(20) Digital multimeter, if applicable.
(b) Analyzer specifications. Exhaust emission analyzers approved by the Bureau shall meet the following requirements:
(1) Conform, as applicable, to the following requirements:
(i) For basic emision program areas, meet the specifications in the BAR 80 and Appendix B (relating to Department procedures and specifications), and meet section 207(b) of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) regarding warranty specifications.
(ii) For enhanced emission program areas, meet PA 97 equipment specifications as provided in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements) and meet section 207(b) of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) requiring warranty specifications.
(2) Conform with the following minimum specifications:
(i) Upon the activation of the emission test, the Automatic data collection unit or VIID, as applicable, shall automatically set the standard required for comparison as defined in § 177.204 (relating to emission standards). Standards shall be field programmed by the manufacturer or provided by the vehicle inspection information database, as applicable.
(ii) Approved exhaust emission analyzers shall be powered by alternating current.
(iii) The sample probe shall meet or surpass BAR 80 or PA 97, as applicable, sample probe requirements and be capable of being placed in the tailpipe a minimum of 10 inches with a device, if necessary, to preclude sample dilution.
(3) Field calibration gases. Field calibration gases shall meet the following standards:
(i) Basic emmission inspection program test equipment 1.6% CO, 600 ppm propane; and 11% CO2, the carrier gas in nitrogen, with a 5% blend tolerance and a certified analytical accuracy of +/-2%. More than three gas blends are acceptable if the 1.6% CO, 600 ppm propane and 11% CO2 concentrations with a 5% blend tolerance and +/-2% accuracy are maintained. Accuracy of the field calibration gases traceable to National Bureau of Standards (NBS) standard gas +/-2% shall be certified by the individual gas blender and attested to in affidavit form to the Department by a corporate officer. A concentration label stating the gas standard manufacturer's name and production location, batch number and container fill date shall be affixed to the container. Gases used shall be secured from Bureau approved gas blenders. The seller of emission analyzers sold, used or contracted shall have a full gas container installed and operational at time of delivery.
(ii) Enhanced emission inspection test equipment. The calibration gases shall be as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).
§ 177.407. Hours of operation.
Emission inspection stations shall be open for business a minimum of 5 days per week, 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the quality assurance officer. To qualify for a waiver from the provisions of this section, 50% of the working hours shall be between 8 a.m. and 5 p.m. Monday through Friday. This section does not apply to:
(i) Commonwealth or fleet emission inspection stations,
(ii) Emission inspection stations owned and operated by more than one owner to do test-only inspections.
§ 177.408. Certified emission inspectors.
(a) General rule. Personnel who perform enhanced emission inspections at each emission inspection station will be certified by the Department as basic or enhanced emission inspectors, as applicable. The enhanced emission inspection shall be completely performed by certified enhanced emission inspectors.
(b) Multiple stations. A certified emission inspector may work at more than one emission inspection station.
(c) Certified enhanced emission inspector requirements. An inspector desiring to be certified to perform enhanced emission inspections shall:
(1) Be 18 years of age or older.
(2) Possess a valid Pennsylvania driver license.
(3) Have done the following:
(i) Completed an enhanced emission inspection training course, approved by the Department, that included, at a minimum, information on the following:
(A) The air pollution problem, including its cause and effects.
(B) The purpose, function and goal of the inspection program.
(C) Emission inspection regulations and procedures of the Commonwealth.
(D) Technical details of the test procedures and the rationale for their design.
(E) Emission control device function, configuration and inspection.
(F) Test equipment operation, calibration and maintenance.
(G) Quality control procedures and their purpose.
(H) Public relations.
(I) Safety and health issues related to the inspection process.
(ii) Passed a required written test with a minimum of 80% correct test responses.
(iii) Proved, through means of a computer-based training/testing (CBT) procedure under supervision of a certified educational instructor or other qualified Commonwealth employe or agent, the ability to perform a complete emission inspection, to properly utilize test equipment and to follow other required test procedures as prescribed in §§ 177.202, 177.203, 177.271 and 177.272. The inability to properly conduct the test procedures shall constitute refusal of certification.
(4) Complete a refresher training course, under procedures established by the Department which are stated in Appendix B, or pass the required written test every 2 years.
(d) Certified basic emission inspector requirements. An inspector desiring to be certified to perform basic emission inspections shall:
(1) Be at least 18 years of age.
(2) Have:
(i) Completed a required emission course.
(ii) Passed a required written test.
(iii) Satisfactorily proven, under supervision of the instructor, the ability to perform a complete emission inspection and analyzer calibration.
(iv) Filed proper application forms.
(3) Renew his certification every 2 years under procedures established by the Department.
(e) Identification. While conducting inspections, a certified enhanced emission inspector shall have in his possession a currently valid inspector basic or enhanced emission inspection certification card issued by the Department.
(f) Names of inspectors. The names of certified emission inspectors and their inspector certification numbers shall be placed on the Current List of Certified Emission Inspectors form which shall be posted in a conspicuous location at the emission inspection station.
(g) Number of inspections. The number of inspections performed by a certified enhanced emission inspector may not exceed more than 12 subject vehicles per hour for the basic or enhanced one or two-speed idle emission inspection and 6 inspections per hour utilizing ASM test equipment and procedures.
OBLIGATIONS AND RESPONSIBILITIES OF STATION OWNERS/AGENTS § 177.421. Obligations and responsibilities of station owners/agents.
(a) Personal liability. It is the responsibility of the owner of an enhanced emission inspection station:
(1) To conduct the business of the official enhanced emission inspection station honestly and in the best interests of the Commonwealth, under the Vehicle Code and this chapter and, except in the case of a fleet or Commonwealth emission inspection station, to make every reasonable effort to inspect all vehicles upon request.
(2) To make official emission inspection regulations and supplements available for the use of all certified emission inspectors and other employes involved.
(3) To notify within 5 days the quality assurance officer and the Vehicle Inspection Division when a certified emission inspector is hired, resigns or is dismissed.
(4) For basic emission inspection stations, to keep, at the station, for 2 years, current emission inspection records for examination by the quality assurance officer or other authorized persons. For enhanced emission inspection stations, emission inspection records will be maintained on the VIID.
(5) To assume full responsibility for providing the vehicle emission test report to motorists after testing and to have the possible repair requirements stated on a form provided to the vehicle owner or operator.
(6) To keep, at the station, as applicable, for 2 years, duplicate copies of completed Certificate of Emission Requisition Forms, repair order forms related to waivers and the original Certificate of Waiver Forms, and other required forms.
(7) To assume full responsibility, with or without actual knowledge, for:
(i) Every emission inspection conducted at the emission inspection station.
(ii) Every emission inspection waiver delivered by a certified repair technician at the emission inspection station.
(iii) Every certificate of emission inspection issued to the emission inspection station.
(iv) Every violation of the Vehicle Code or this chapter related to emission inspections committed by an employe of the emission inspection station.
(v) Maintaining an adequate supply of current certificates of emission inspection and inserts for issuance.
(8) To perform, as applicable, required maintenance and calibration procedures of emission analyzers according to procedures established by the Department and perform electronic zero and span checks hourly during periods of operation and weekly leak checks.
(9) For basic emission inspection stations, to complete and retain at the station, for 2 years, weekly emission analyzer maintenance and calibration records. The emission analyzer calibration record shall be submitted to the designated Department officials or representatives upon request. The records for enhanced emission inspection stations may be maintained on the VIID.
(10) To place an emission analyzer out of service when calibration cannot be performed according to procedures established by the Department.
(11) To maintain instrument calibration test results.
(i) For basic emission inspection stations, the analyzer manufacturer or other approved service representative shall write maintenance and calibration information on the Emission Analyzer Maintenance and Calibration Report. This report shall be maintained at the station for 2 years.
(ii) For enhanced emission inspection stations, the information required in this paragraph shall be entered into the VIID by the analyzer manufacturer or other approved service representative as directed by the Department.
(12) To enter into an agreement with the manufacturer or distributor supplying an emission analyzer or other approved service provider to provide the analyzer calibration on the station premises as required by this chapter.
(13) For basic emission inspection stations, to maintain a copy of the inspection report for each inspection. The reports shall be kept in sequential test order whether a sticker is issued or not. Inspection reports shall be completed and signed by the emission inspector. Sticker information may be maintained on an Emission Inspection Record form for each emission inspection. The inspection reports shall be maintained for 2 years. For enhanced emission inspection stations, this information shall be entered into the VIID.
(14) To maintain adequate numbers of current certificates of emission inspection and inserts for issuance.
(i) Data entry errors. If a data entry error occurs, the error and the error correction shall be clearly noted.
(ii) Voided stickers. If it is necessary to void a sticker, the sticker number and the reason shall be clearly noted.
(b) Certificate of appointment. A certificate of appointment is not assignable and is valid only for the owner in whose name it is issued.
(1) If there is a change of ownership, the certificate of appointment, unissued certificates of inspection and inspection material shall be surrendered to the quality assurance officer within 5 days. If the new owner desires to continue providing emission inspections, the owner shall submit an Official Emission Inspection Station Update/Official Emission Inspection Station Application to the Bureau. An investigation of the premises will be conducted by the inspection station investigator.
(2) In the following circumstances, it is not necessary to surrender unissued certificates of emission inspection; however, inspections may not be conducted until the new ownership has been approved and a new certificate of appointment has been issued:
(i) Creation, modification or termination of a partnership.
(ii) Incorporation of a business.
(iii) Transfer of the controlling interest in a corporation.
(iv) Transfer of ownership to a spouse, child or parent.
(3) If there are changes of location of an emission inspection station:
(i) An Official Emission Inspection Station Update/Official Emission Inspection Station Application shall be completed and submitted to the Bureau.
(A) An investigation of the premises shall be conducted by the quality assurance officer.
(B) Certificates of inspections shall be audited by the quality assurance officer or his supervisor and will be retained by the station owner.
(ii) An emission inspection may not be made at the new location until it has been investigated, an approved emission analyzer has been installed and calibrated by an approved emission analyzer manufacturer or other approved service representative, and a new certificate of appointment has been issued by the Bureau.
(iii) A quality assurance officer will pick up all current emission certificates of inspection and retain them until the new location is approved, if the new location is not approved at the time of investigation.
(4) Emission inspections shall be discontinued if:
(i) The owner vacates, abandons or discontinues the inspection business with or without notice to the Bureau and the quality assurance officer and supervisor. The quality assurance officer or supervisor will pick up all certificates of emission appointment, records and all other emission inspection materials and return them to the Bureau.
(ii) The owner is deceased and if a member of the family or a partner wishes to continue the business, a new application for appointment shall be submitted to the Department.
(iii) If station owner does not pay for required services rendered by the vendor or other approved service provider, the vendor or other approved service representative may file a written complaint with the Department, and the Department, after providing the opportunity for a hearing, may suspend the certificate of appointment until payment has been made.
(5) The following events shall be reported at once to the quality assurance officer and the Bureau; however, it is not necessary to discontinue inspections:
(i) Whenever certificates of emission inspection are damaged, lost or stolen. Telephone communication to the Bureau within 5 days of the event shall be required providing the serial number of each missing emission certificate.
(ii) Whenever a certified emission inspector or a person authorized to purchase certificates of inspection is dismissed or resigns, as long as emission inspections are performed by another certified emission inspector.
(iii) Whenever changes in a post office address of an emission inspection station, not location, occur, they shall be reported in writing within 30 days to the quality assurance officer and the Bureau on an Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(iv) Whenever changes of the company name, not ownership, occur, they shall be reported within 30 days on an Official Emission Inspection Station Update/Official Emission Inspection Station Application.
(v) Whenever a person who signs the Official Emission Inspection corporation is no longer in charge of the emission inspection station:
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