[27 Pa.B. 5010]
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Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses (vi) Failure to produce records upond demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until produced (vii) Inspection by uncertified inspector 3 months 6 months and $1,000 fine 1 year and $2,500 fine (viii) Unnecessary repairs for purpose of inspection 3 months 6 months 1 year (ix) Misstatement of fact 1 month 3 months 1 year (x) Improper assigning of certificate of inspection 1 month 3 months 1 year Category 3 (Careless Activities) (xi) Improper security of certificate of inspection Warning 3 months 1 year (xii) Unclean inspection area Warning Warning 3 months (xiii) Careless recordkeeping Warning Warning 3 months (xiv) 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 (v) 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 (4) Category 4 (Negligent) (xvi) Failure to report discontinuance of business 1 year 2 years Permanent (xvii) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (b) Assignment of points. If the station owner, manager, supervisor or other management level employe 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) The station owner bears the burden of proving that the station owner provided proper supervision of the employe who committed the violation, but that the owner's supervision could not have prevented the violation.
(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.
(c) Point determination. When offering a point assessment, in lieu of a suspension, the Department will calculate points in the following manner:
(1) One point will be assessed for every month of suspension which the Department would otherwise impose.
(2) A point assessment will not exceed 8 points for a single violation.
(3) If an inspection station is currently serving a suspension for a violation of this chapter, no point assessment will be made.
(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) 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) The fourth occurrence for an accumulation of 10 or more points shall result in a permanent suspension.
(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) 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.
(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.
(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.
(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.
§ 177.603. Schedule of penalties for emission inspectors.
Emission inspectors shall assume full responsibility for their acts as emission inspectors. 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. A violator may also be subject to criminal prosecution. After providing the emission inspector with an opportunity for a hearing, the Department may impose suspensions or penalties upon the emission inspector according to the following schedule of offenses for violations:
(1) Schedule of penalties for basic emission inspection inspectors.
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 3 months 1 year 3 years (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until
produced(vii) Inspection with expired inspector's certificate Warning 4 months 6 months (viii) Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning and $100 fine 2 months and $250 fine 6 months and $500 fine (x) Improper assigning of certificate of inspection Warning 2 months 6 months (xi) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activites) (xii) Unclean inspection area Warning 1 month 4 months (XIII) Careless recordkeeping Warning 1 month 4 months (XIV) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months (2) Schedule of penalties for enhanced emission inspection inspectors.
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activites) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of inspection 1 year and $500 fine Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year and $500 fine Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 2 months and $100 fine 1 year and $500 fine 3 years and $1,000
fine(v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upond demand by Department quality assurance officer or other authorized Commonwealth representative or agent 2 months or until produced 6 months or until produced 1 year or until
produced(vii) Inspection with expired inspector's certificate Warning 4 months 6 months (viii Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning and $100 fine 2 months and $250 fine 6 months and $500 fine (x) Improper assigning of certificate of inspection Warning 2 months 6 months (xi) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activities) (xii) Unclean inspection area Warning 1 month 4 months (xiii) Careless recordkeeping Warning 1 month 4 months (xiv) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months § 177.604. Schedule of penalties for certified repair technicians.
Certified repair technicians shall assume full responsibility for their acts as repair technicians. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of certified repair technician privileges to process requests for and to deliver waivers. A violator may also be subject to criminal prosecution. After providing the certified repair technician with an opportunity for a hearing, the Department may impose suspensions or penalties upon the certified repair technician according to the following schedule of offenses for violations:
Duration of Suspension 3rd and Subsequent Type of Violation 1st Offense 2nd Offense Offenses Category 1 (Fraudulent Activities) (i) Fradulent delivery of emission inspection waiver 1 year Permanent Category 2 (Careless Activites) (ii) Improper delivery of emission inspection waiver 3 months 6 months 1 year (iii) Improper verification of repairs required for issuance of waiver Warning 3 months 6 months
SCHEDULE OF PENALTIES FOR CERTIFIED REPAIR TECHNICIONS § 177.605. Subsequent violations.
Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
§ 177.606. Multiple violations.
If multiple violations are reviewed and considered at one Departmental hearing, the Department will impose separate penalties for each violation as required by the schedule of penalties. The Department may direct that a suspension be served concurrently or consecutively. Violations affecting more than one vehicle will be treated as separate violations.
DEPARTMENTAL HEARING PROCEDURE § 177.651. Notice of alleged violation and opportunity for a Departmental hearing.
Except for a penalty or sanction imposed under the contract between the Department and the contractor, a person charged by the Department's quality assurance officers or other authorized personnel to be in violation of this chapter or the Vehicle Code shall have the right to request a hearing regarding the charges. The hearing will be conducted in accordance with the following:
(1) The Department will provide written notice to a dealer, contractor, inspector, certified repair technician or other employe of the contractor of the nature of the alleged violation and of the opportunity and procedure to request a Departmental hearing.
(2) The hearing, if requested, for a violation involving an immediate suspension will take place within 3 days of the request.
(3) The hearing, if requested, for all other violations will take place within 14 days of the request.
(4) The hearing will be conducted by Department personnel at a site established by the Department.
§ 177.652. Official documents.
(a) Whenever an emission inspection station, inspector or certified repair technician is suspended or cancelled, the Department may order the surrender, upon demand, to a quality assurance officer or authorized representative of the Department, of the following items:
(1) Inspector certification card.
(2) Other items pertaining to the certification of the emission inspector to conduct vehicle emission inspections.
(3) Inspection records.
(4) Certificate of appointment.
(5) Signature cards.
(6) Unused certificates of emission inspection
(7) Unused I/M monthly inserts.
(b) Certificates of emission inspection and records confiscated as the result of an investigation will be retained by the quality assurance officer. Certificates of emission inspection and records confiscated as the result of a suspension will be returned to the Department. They will be returned if inspection privileges are restored or the station is reappointed.
RESTORATION AFTER SUSPENSION § 177.671. Restoration of certification of an emission inspector after suspension.
An emission inspector who has had the privilege to conduct emission inspections suspended shall have the certification restored as follows:
(1) A certified emission inspector who has been suspended for a Category 1 violation or on two or more occasions for a violation of Category 2 or Category 3 under this chapter may not have the certification restored unless the emission inspector obtains classroom instruction and passes a written test and a tactile test according to procedures established by the Department.
(2) A certified emission inspection inspector who has not been previously suspended for a violation of Category 2 or Category 3 under this chapter will have the certification restored at the termination of the suspension.
§ 177.672. Restoration of certification of an emission inspection station after suspension.
(a) Restoration after suspensions. Stations that have had their privilege to inspect suspended shall be restored as follows:
(1) Stations that have been suspended as a result of a point accumulation will have their point total reduced to six points upon restoration.
(2) Additional points assessed against the station since the last violation resulting in a suspension will be added to the point record unless the station has served an additional suspension under § 177.602(c)(3) (relating to schedule of penalties for emission inspection stations).
(b) Removal of points. Points assessed against a station shall be removed at the rate of two points for each 12 consecutive months in which the station has not had any additional violations charged against it that could result in additional points. The 12-month period starts at the date of the last violation resulting in points or from the date of restoration of a suspension resulting from an accumulation of points, whichever occurred last.
(c) Subsequent violations. Determination of second and subsequent violations is made on the basis of previous violations in the same category within a 3-year period.
(d) Multiple violations. In the case of multiple violations, considered at one time, the Department will impose separate penalties for each violation as required by the schedule. The Department may direct that a suspension be served concurrently. If the Department permits a station to accept points in lieu of a suspension, the points will be assigned for the more serious violation affecting each vehicle. Violations affecting more than one vehicle will be treated as separate violations.
(e) Application process. After a suspension has been served, inspection privileges will not be restored until an Official Emission Inspection Update/Official Emission Inspection Station Application has been received and processed by the Department. Upon receipt of an application for reappointment following a suspension of more than 3 months, a complete and thorough investigation by the quality assurance officer will be conducted to determine if the applicant qualifies for reappointment under the requirements of the Department. Other applications for reappointment are subject to investigation at the discretion of the Department.
§ 177.673. Restoration of certification of certified repair technician after suspension.
A certified repair technician who has had the privilege to process requests for waivers suspended shall have the certification restored as follows:
(1) A certified repair technician who has been suspended for a Category 1 violation or on two or more occasions for a violation of Category 2 under this chapter may not have the privilege to process requests for and deliver waivers restored unless the certified repair technician passes written tests according to procedures established by the Department.
(2) A certified repair technician who has been suspended for a Category 2 violation and has not been previously suspended for a violation of Category 2 under this chapter will have the privilege to process requests for and deliver waivers restored at the termination of the suspension.
REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD RESTING) § 177.691. Registration Recall Committee.
(a) Composition. The Registration Recall Committee (Committee) of the Department will consist of a Vehicle Registration Section manager, an Emission Inspection Section manager and the Director of the Bureau or a designee.
(b) Frequency of meetings of Committee. The Committee will meet on the first Monday of each month and as needed.
(c) Basis of recalling registrations. The Committee will recall the vehicle registration when the following conditions are met:
(1) The contractor forwards documentation to the Department that a subject vehicle has failed to pass an on-road emissions test.
(2) The vehicle owner or operator of the vehicle has failed to produce within 30 days of the failure of the on-road emission test evidence that the vehicle has passed a retest or evidence of an emission test waiver.
(d) Determination of the Committee. Upon a determination by the Committee that the subject vehicle had failed an on-road emission test and that the owner or operator of the subject vehicle had failed to produce evidence of a correction of the failure or a waiver, the Committee will issue a letter to the owner or operator of the subject vehicle recalling the vehicle registration until proof of passing an emission test or receiving a waiver has been submitted to the Department.
(e) Appeal. An appeal from the recall of vehicle registration under this section shall be commenced consistent with Chapter 491 (relating to administrative practice and procedure).
APPENDIX A
Acceleration Simulation Mode: Pennsylvania Procedures, Standards,
Equipment Specifications and Quality Control Requirements§ 1. ASM Short Test Standards and Calculations.
(a) ASM Emissions Standards
(1) ASM Start-Up Standards
Start-up standards should be used for ASM tests performed from October 1, 1997, through November 30, 1998. The exhaust emissions standards for the following model years are cross referenced by the number in the column in (A)(3) below:
(i) Light Duty Vehicles
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 1 21 41 1991-1995 2 22 42 1983-1990 4 23 43 1981-1982 4 26 43 1980 4 26 48 1977-1979 11 30 48 1975-1976 11 30 50 (ii) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<3750 LVW) 1 21 41 (>3750LVW) 2 22 42 1991-1995 5 26 43 1988-1990 7 29 44 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (iii) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=5750 LVW) 2 22 42 (>5750 LVW) 5 26 45 1991-1995 5 26 46 1988-1990 7 29 47 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (2) ASM final standards. The following exhaust emissions standards will be used for ASM tests performed after November 30, 1998. The exhaust emissions standards for the following model years are cross-referenced by the number in the column in (A)(3) below:
(i) Light Duty Vehicles.
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 1 21 41 1983-1995 1 21 41 1981-1982 1 23 41 1980 1 23 45 1977-1979 6 27 45 1975-1976 6 27 48 (ii) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=3750 LVW) 1 21 41 (>3750 LVW) 1 21 41 1988-1995 3 24 42 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (iii) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen Table § 1(A)(3)(I) Table § 1(A)(3)(II) Table § 1(A)(3)(III) 1996+ TIER 1 (<=5750 LVW) 1 21 41 (>5750 LVW) 1 21 41 1988-1995 3 24 44 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (3) ASM 2525 and 5015 concentration tables (although both 2525 and 5015 standards are shown, the Pennsylvania ASM test consists only of the 5015 mode)
(I) ASM2525 and ASM5015 hydrocarbon (PPM C6) Table
Column Number - -> 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 Vehicle ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 1750 142 136 224 216 257 249 291 282 324 315 374 364 390 381 407 397 1875 134 129 212 205 243 236 275 266 306 297 353 344 368 359 384 375 2000 127 123 201 194 230 223 260 252 289 281 333 325 348 339 363 354 2125 121 116 191 184 219 212 246 239 274 267 316 308 329 321 343 335 2250 115 111 182 175 208 201 234 227 260 253 299 292 312 305 325 318 2375 109 106 173 167 198 192 223 216 247 241 284 277 297 290 309 302 2500 105 101 166 160 189 183 212 206 236 230 271 264 283 276 294 288 2625 100 97 159 153 181 175 203 197 225 219 259 252 270 263 281 274 2750 96 93 152 147 173 168 194 189 216 210 247 241 258 252 269 262 2875 92 89 146 141 167 161 187 181 207 201 237 231 247 241 257 251 3000 89 86 141 136 160 155 180 174 199 194 228 222 237 232 247 241 3125 86 83 136 132 155 150 173 168 191 186 219 214 228 223 238 232 3250 83 80 132 127 149 145 167 162 185 180 211 206 220 215 229 224 3375 81 78 128 123 145 140 162 157 179 174 204 199 213 208 221 216 3500 78 76 124 120 140 136 157 152 173 169 198 193 206 201 214 209 3625 76 74 120 117 136 132 152 148 168 164 192 187 200 195 207 203 3750 74 72 117 114 133 129 148 144 163 159 186 182 194 189 201 197 3875 72 70 114 111 129 125 144 140 159 155 181 177 188 184 196 191 4000 71 68 112 108 126 122 140 137 155 151 176 172 183 179 191 186 4125 69 67 109 106 123 119 137 133 151 147 172 168 179 175 186 181 4250 67 65 107 103 120 117 134 130 147 143 167 164 174 170 181 177 4375 66 64 104 101 118 114 131 127 144 140 164 160 170 166 177 173 4500 65 63 102 99 115 112 128 124 141 137 160 156 166 162 172 169 4625 63 61 100 97 113 109 125 122 137 134 156 152 162 159 169 165 4750 62 60 98 95 110 107 122 119 134 131 153 149 159 155 165 161 4875 61 59 96 93 108 105 120 117 132 128 149 146 155 152 161 157 5000 60 58 94 92 106 103 117 114 129 126 146 143 152 148 157 154 5125 58 57 93 90 104 101 115 112 126 123 143 139 148 145 154 150 5250 57 56 91 88 102 99 112 110 123 120 140 136 145 142 150 147 5375 56 55 89 86 100 97 110 107 121 118 137 133 142 139 147 144 5500 55 54 87 85 98 95 108 105 118 115 134 130 139 136 144 141 5625 54 53 86 83 96 93 106 103 116 113 131 128 136 133 141 138 5750 53 52 84 82 94 91 104 101 113 111 128 125 133 130 138 135 5875 52 51 83 80 92 90 102 99 111 108 125 122 130 127 135 132 6000 51 50 81 79 90 88 100 97 109 106 123 120 127 124 132 129 6125 50 49 80 78 89 86 98 95 107 104 120 118 125 122 129 126 6250 50 48 79 76 87 85 96 94 105 102 118 115 123 120 127 124 6375 49 48 77 75 86 84 95 92 103 101 116 113 120 118 125 122 6500 48 47 76 74 85 83 93 91 102 99 114 112 119 116 123 120 6625 48 46 76 74 84 82 92 90 101 98 113 110 117 114 121 119 6750 47 46 75 73 83 81 91 89 100 97 112 109 116 113 120 117 6875 47 46 75 73 83 81 91 89 99 97 111 109 115 113 119 117 7000 47 46 74 72 83 80 91 88 99 96 111 108 115 112 119 116 7125 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7250 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7375 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116 7500 47 46 74 72 82 80 90 88 98 96 111 108 115 112 119 116
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