Title 67--TRANSPORTATION DEPARTMENT OF TRANSPORTATION [67 PA. CODE CH. 177] Corrective Amendment to 67 Pa. Code § 177.602(a) [36 Pa.B. 3815]
[Saturday, July 22, 2006]The Department of Transportation has discovered a discrepancy between the agency text of 67 Pa. Code § 177.602(a) (relating to schedule of penalties for emission inspection stations) as deposited with the Legislative Reference Bureau and published at 33 Pa.B. 5706, 5731 and 5732 (November 22, 2003), and the official text published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 351) and as currently appearing in the Pennsylvania Code. Amendments to the table in this section were codified incorrectly.
Therefore, under 45 Pa.C.S. § 901: The Department of Transportation has deposited with the Legislative Reference Bureau a corrective amendment to 67 Pa. Code § 177.602(a). The corrective amendment to 67 Pa. Code § 177.602(a) is effective as of February 7, 2004, the date the defective official text was announced in the Pennsylvania Bulletin.
The correct version of 67 Pa. Code § 177.602(a) appears in Annex A, with ellipses referring to the existing text of the regulation.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE VII. VEHICLE CHARACTERISTICS CHAPTER 177. EMISSION INSPECTION PROGRAM Subchapter F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE SCHEDULE OF PENALTIES AND SUSPENSIONS § 177.602. Schedule of penalties for emission inspection stations.
(a) Schedule of penalties. The complete operation of an official emission inspection station shall be the responsibility of the owner. 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. In addition, violators are also subject to criminal prosecution. Every general, fleet or Commonwealth emission inspection station shall be subject to the following schedule of penalties and suspension:
Duration of Suspension
Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1
(Fraudulent Activities)(i) Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year and $2,500 fine Permanent and $5,000 fine (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year and $2,500 fine Permanent and $5,000 fine (iii) Fraudulent recordkeeping 1 year and $2,500 fine Permanent and $5,000 fine Category 2
(Improper Activities)(iv) Faulty inspection 3 months and $1,000 fine 1 year and $2,500 fine 3 years and $5,000 fine (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 1 year (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced, whichever is greater 6 months or until produced, whichever is greater 1 year or until produced, whichever is greater (vii) Inspection by uncertified inspector 3 months 6 months and $1,000 fine 1 year and $2,500 fine (viii) Improper recordkeeping 2 months 6 months 1 year (ix) Improper inspection Warning 2 months and $250 fine 6 months and $500 fine (x) Requiring or indicating unnecessary repairs for purpose of inspection 3 months 6 months 1 year (xi) Misstatement of fact 1 month 3 months 1 year (xii) Improper assigning of certificate of inspection 1 month 3 months 1 year (xiii) Failure to verify registration or emission inspecting a vehicle with an expired registration 2 months 4 months 6 months (xiv) Failure to affix certificate of inspection immediately upon successful completion of the inspection 2 months 4 months 6 months Category 3
(Careless Activities)(xv) Inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege 2 months 4 months 6 months (xvi) Inspection by emission inspector with expired inspector certification Warning 4 months 6 months (xvii) Improper use of emission inspector certification Warning 2 months and $250 fine 6 months and $500 fine (xviii) Improper security of certificate of inspection Warning 3 months 1 year (xix) Unclean inspection area Warning Warning 3 months (xx) Careless recordkeeping Warning Warning 3 months (xxi) 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 (xxii) 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 Category 4
(Negligent)(xxiii) Failure to report
discontinuance of business1 year 2 years Permanent (xxiv) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (xxv) Failure to make emission inspection test printout available to customer Warning Warning and $100 fine 1 month (b) Assignment of points. If the station owner, manager, supervisor or other management level employee 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.
* * * * * [Pa.B. Doc. No. 06-1271. Filed for public inspection July 21, 2006, 9:00 a.m.]
