Pennsylvania Vehicle Inspection Stations: Requirements and Regulations, Lecture notes of Business

Download Pennsylvania Vehicle Inspection Stations: Requirements and Regulations and more Lecture notes Business in PDF only on Docsity! 8Vehicle Equipment and Inspection Regulations • PUB 45 Subchapter B - Official Inspection Station Requirements Subchapter B OFFICIAL INSPECTION STATION REQUIREMENTS 175.21. Appointment (a) Authority  - For the purpose of establishing a system of official inspection stations, the Bureau will issue certificate of appointment to a privately owned facility within this Com mon wealth that complies with the require ments of the Vehicle Code and this title. An official in spection station is authorized to inspect vehicles and issue official certificates of inspection. See 75 Pa.C.S. §4721 (relating to appointment of official inspection stations). (b) Certificate of Appointment  - The certificate of appointment will be issued only when the Bureau is satisfied that the station is properly equipped and has certified personnel to make inspections and adjustments. Only those sta tions fulfilling Department requirements and complying with this chapter will be issued a certificate of appointment. Prior involvement with a suspended inspection station may be sufficient cause to deny appointment. The certificate of appointment at all times shall be conspicuously displayed at the place for which it is issued. See 75 Pa.C.S. §4722 (relating to certi ficate of appointment). (c) Certificate Not Assignable  - A certificate of appoint ment shall be valid only for the person in whose name it is issued and for trans action of business at the place desig nated therein. A cer tificate of appointment shall not be assign able to another person or location. (d) Valid Certificate Required - No person shall in any manner represent a place as an official inspection station unless the station is operating under a valid certificate of appoint ment issued by the Bureau. (e) Inspection Stations with Common Access - No certificate of appointment may be issued for operation by an official safety inspection station on the premises of another official safety inspec tion station which utilizes the same access. This prohibition does not apply if the inspection stations have separate internal accesses, though sharing common external access. (f) Suspended Inspection Stations - No certi ficate of appointment shall be issued for operation of an official safety inspection station on the premises of an official safety inspec tion 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 prohibition shall not apply if the station and the other business each have a separate internal access, though sharing a common external access. (g) Cancellation of Appointments - A certi ficate of appointment previously issued for a station which does not comply with the restrictions contained in subsection (e) or (f) will be cancelled April 28, 1983. 175.22. Making Application (a) Form - The applicant shall file one copy of Form MV-427, Application for Designation as an Official Inspection Station, with the Bureau. A separate application shall be made for each place of business. (b) Bond or Proof of Insurance - Requirements shall be as follows: (1) An applicant for a certificate of ap point ment shall furnish a bond on a form prescribed by the Department or proof of insur ance as required by 75 Pa.C.S. §4722 (c) (relating to certificate of appoint ment). (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 their vehicle may sustain while it is in posses sion of the inspection station. (3) The bond or proof of insurance shall be renewed each year. (4) Cancellation of the bond or insurance shall automatically void the certificate of appoint ment. 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 inspection station authori zation applied for; that is, Common wealth, gen eral, fleet, recreational and utility trailer, or motor cycle. (d) Applicant  - The applicant shall be the owner of the business or, in the case of a corpor ation, some other person specifically autho rized to sign the application. (1) If a natural person, the applicant shall be 18 years of age or older. Subchapter B - Official Inspection Station Requirements 9 Vehicle Equipment and Inspection Regulations • PUB 45 (2) If the applicant is a corporation, partnership or association, the appli cation shall be signed by an officer, partner, associate or another person speci fically 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 evi dence of the authority of the person –for example, station man ager–to sign the application shall be attached thereto and attested to by a partner or a corporation or associa tion officer. 175.23. Approval (a) Investigation - An inspection station super visor will conduct an investigation of each applicant to determine full compliance with the Vehicle Code and this chapter. (b) English Comprehension  - The applicant and each inspection mechanic shall be sufficiently versed in the English language to read and understand this title. (c) Issuance of Certificate - Upon approval of the application by the Bureau, a certificate of appointment shall be issued to the applicant for the place of business located within this Com mon wealth, as set forth in the application. No inspections shall be made unless a certificate of appointment has been issued to and is prominently displayed at the official inspection station. 175.24. Required Certificates and Station Signs After appointment, the owner of each inspection station shall prominently display all signs required by the Bureau, including the following: (1) A certificate of appointment for each type of station approved for the location. (2) A sign clearly stating the fee for the certi ficate of inspection separate from the fee for inspection. The fee for in spection shall be the same whether the vehicle passes or fails. The fee for in spec tion shall include the cost of labor for the inspection, in cluding pulling wheels, but it shall not in clude the cost of parts, repairs or adjust ments. The sign shall clearly indicate the fee for different types of vehicles—for example, passenger cars, trucks, and trailers—to the extent that the fee varies among ve hicles. Fleet and Commonwealth stations are exempt from this requirement. (3) A current list of certified inspection me chanics, Form TS-443. (4) An official inspection station sign outside the garage, clearly visible to the public. This sign shall have a keystone design which is 24 inches high and 21 inches wide. The station number plate shall be 2 3⁄4 inches high and 13 3⁄8 inches wide. The background shall be navy blue with gold lettering. If hung from a bracket, the sign shall be double faced. A previously issued sign will still be permitted. Fleet and Commonwealth stations are exempted from this requirement. 175.25. Inspection Area (a) General - The following requirements apply to inspection areas: (1) Except as provided in subsection (b)(1)(iii) and (3), the inspection area shall be entirely within a sound, enclosed buil ding, shall be in good repair; and shall be kept in good condition. (2) Any anticipated alterations or change affecting the condition or size of the inspection area shall be reported to the inspection station supervisor at once. (3) The floor shall be of a hard surface and in sound condition. Dirt floors will not be approved. (4) The floor of the inspection area shall be level. No more than 1% slope from front to rear or side to side is acceptable. (5) The inspection area shall be free from obstructions, including shelves, work benches, partitions, displays, machinery and stairways. If the inspection area or any part is located outside the building, the area shall also be kept clear of snow or other substances which would curtail or interfere with inspections. (6) Hoists and lifts are permitted in the inspec tion area if a thorough and proper inspec tion can be performed. Subchapter B - Official Inspection Station Requirements 12Vehicle Equipment and Inspection Regulations • PUB 45 (e) Recertification - A mechanic shall be cer tified for no more than 5 years. Mechanics may renew their mechanic certification by passing the required examination within 180 days of receipt of notice from the Department that the mechanic card is due to expire. (f) Prior Certification - A mechanic card without an expiration date shall remain valid for 180 days after the date of notice to the mechanic to attend the certification course. Failure to complete the certification course and pass the required tests within 180 days will result in cancellation. (g) Mechanic License Codes - A mechanic will be issued codes from the following table for the types of vehicle inspections and equipment testing the mechanic is authorized to perform: Code Authorized Inspection or Testing 1 Inspection of passenger cars, trucks 17,000 pounds or less and trailers less than 10,000 pounds 2 Inspection of motorcycles 3 Inspection of trucks over 17,000 pounds, trailers over 10,000 pounds and buses 4 Inspection of all vehicles 5 Inspection under codes 1 and 2 6 Inspections under codes 2 and 3 7 Inspections under codes 1 and 3 9 Testing and calibration of electronic (nonradar) speed timing devices that measure elapsed time between two sensors A Testing and calibration of electronic (radar) speed timing devices B Testing and calibration of stopwatches C Testing and calibration of speedometers D Testing and calibration of electronic (nonradar) speed timing devices that calculate average speed between two points J Enhanced vehicle safety inspection in conjunction with inspection under existing mechanic license codes in this table for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title (h) Mechanic Card - The valid mechanic card shall be carried by the mechanic when performing an inspection. (i) Certified document Reviewer - The Department may certify nonmechanics to perform document review for the purpose of authorizing the issuance of a branded Pennsylvania certificate of title. 175.29. Obligations and Responsibilities of Stations (a) Personal Liability - It is the responsi bility of the owner of an inspection station to do all of the following: (1) To conduct the business of the official inspection station honestly and in the best interests of this Commonwealth, in accor dance with the provisions of 75 Pa.C.S. (relating to Vehicle Code) and this chapter, and, except in the case of a fleet or Com monwealth inspec tion station, to make every reason able effort to inspect all vehicles upon request. (2) To make official inspection regulations and supplements available for the use of certified inspection mechanics and other employes involved in inspection. (3) To notify the inspection station super visor and the Vehicle Control Division when a certified mechanic is hired. (4) To keep inspection records and required work orders available for examination and audit by the inspection station supervisor and other authorized persons. (5) To keep certificate of inspection requisition forms for each inspection campaign. Subchapter B - Official Inspection Station Requirements 13 Vehicle Equipment and Inspection Regulations • PUB 45 (6) To assume full responsibility, with or without actual knowledge, for: (i) Every inspection conducted by an em ploye of the inspection station. (ii) Every inspection conducted on the premises. (iii) Every certificate of inspection issued to the inspection station. (iv) Every certificate of inspection issued by the inspection station. (v) A violation of the Vehicle Code or this chapter related to inspections com mit ted by any employe of the inspection station. (7) To assure that each inspection is perfo rmed by an inspection mechanic certified to inspect that type of vehicle. (8) To have available, at all times, a current certificate of inspection for all types of vehicles inspected at that station. (b) Change of Ownership - The following apply to change of ownership: (1) In the case of any change of ownership, the certificate of appointment, all un issued certificates of inspection, and all inspection material shall be surrendered immediately to the inspection station supervisor. The new owner shall submit a Form MV-427 application to the Bur eau. An investigation of the premises will be conducted by the inspection station supervisor. (2) In the following circumstances, it shall not be necessary to surrender unissued certi ficates of inspection; however, no inspec tions shall be conducted until the new ownership has been approved and a new certificate of appointment 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. (c) Change of Location -  In the case of a change of location of an inspection station, all of the following apply: (1) A Form MV-427 application shall be com pleted and submitted to the Bureau. (2) An investigation of the premises will be conducted by the inspection station supervisor. (3) Certificates of inspection will be au dited by the inspection station super visor and shall be retained by the station owner. (4) No inspections shall be made at the new location until it has been investi gated and approved and a new certifi cate of appointment issued by the Bureau. (5) If the new location is not approved at the time of the investigation, the inspec tion station supervisor will pick up all current certificates of inspection and will retain them until the new location is approved. (d) discontinuance of Business - Inspections shall be dis continued in any of the following circum stances: (1) If the owner vacates, abandons or discon tinues the inspection business. Immediate notice shall be provided to the Bureau and the inspection station super visor. The inspection station supervisor will pick up the certificate of appointment and all certi ficates of inspection, records and other inspection materials and return them to the Bureau. (2) If the owner is deceased. If a member of the family or partner wishes to continue the business, a new application for appoint ment shall be submitted to the Bureau. (3) If the owner voluntarily discontinues the operation of an inspection station, the owner shall immediately notify the in spec tion station supervisor. Remaining inspection materials shall be returned to the inspection station supervisor. (e) Notice Required - The following events shall be reported at once to the inspection station supervisor and the Bureau; however, it is not necessary to discontinue inspections: (1) Whenever certificates of inspection are damaged, lost or stolen. Subchapter B - Official Inspection Station Requirements 14Vehicle Equipment and Inspection Regulations • PUB 45 (2) Whenever a certified mechanic or a person authorized to purchase certi ficates of inspection is dismissed or resigns. (3) A change in the post office address of an inspection station, not location. The change shall be reported at once on Form MV-427. (4) A change of the company name, not ownership. The change shall be reported at once on Form MV-427. (5) When a person who signed the Form MV-427 application for a corporation is no longer in charge of the inspection sta tion: (i) A new Form MV-427 shall be sub mitted to the Bureau at once. (ii) A new letter of authority is required for the person signing the Form MV-427. (6) Whenever a person whose signature is on the signature card, Form MV-417, resigns or is relieved of inspection responsi bilities, the owner shall request new signature cards from the Bureau at once. Upon receipt of new cards, the old cards shall be returned to the Bureau. (f) Customer Relations - The garage owner shall consult the vehicle owner for permission to make repairs. (1) The permission may be established at the time the vehicle is brought to the station for inspection or after it is deter mined the repairs are needed. (2) The vehicle owner shall be allowed to make his own repairs or to select anyone else he desires to do them for him. (3) A part replaced as a result of in spection shall be retained until the vehicle is returned to the customer. The customer shall have the right to examine all replaced parts. (4) The vehicle owner shall be informed in writing on the receipt or work order of any parts which, although in passing condition, the mechanic believes may become dan gerous before the next inspection period. The brake and tire readings shall be indicated in writing on the receipt or work order. If a temporary inspection approval indi cator is issued, the receipt or work order shall also contain the following information: (i) A statement which specifies that failure to return the vehicle displaying a renewed emission certificate of inspection to the station prior to the expiration of the safety certificate of inspection shall void the temporary inspection approval indicator and necessitate a complete reinspection of the vehicle for which a fee may be charged. (ii) A statement indicating that the fee for affixing a new certificate of inspection which shall be charged upon the return of the vehicle for the new certificate of inspection to be affixed. This fee shall be no greater than the posted fee for the certificate of inspec tion as required by Section 175.24(2) (relating to required certificates and station signs). 175.30. Commonwealth Inspection Stations (a) Eligibility - This designation will be issued to stations owned and operated by: (1) The Federal Government. (2) The Commonwealth. (3) A political subdivision of the Common wealth. (b) General Requirements - An applicant for a Commonwealth inspection station shall meet the requirements of this chapter, unless speci fically exempted, including the specific re quire ments for fleet stations. (c) Certified Inspection Mechanic - Each official Commonwealth inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected. (d) Method of Inspection - A Commonwealth in spec tion station shall inspect and issue certifi cates of inspection only to vehicles registered in the name of the governmental body. (e) Certificates of Inspection - No fee shall be charged for certificates of inspection requisi tioned by Commonwealth inspection stations.