67 Pa. Code § 177.421 - Obligations and responsibilities of station owners/agents
(a)
Personal liability. It
is the responsibility of the owner of an emission inspection station to:
(1) Conduct the business of the official
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 upon request all vehicles which the station is
equipped to inspect.
(2) Make
official emission inspection regulations and supplements available for the use
of all certified emission inspectors and other employees involved.
(3) 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) Provide the emission inspection report to
motorists after testing and to have the possible repair requirements stated on
a form provided to the vehicle owner or operator.
(5) 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.
(6) 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 employee of the
emission inspection station.
(v)
Maintaining an adequate supply of current certificates of emission inspection
and inserts for issuance.
(7) 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.
(8) Place an emission analyzer out of service
when calibration cannot be performed according to procedures established by the
Department.
(9) Ensure that
instrument calibration test results are entered into the VIID by the analyzer
manufacturer or other approved service representative as directed by the
Department.
(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.
(10) 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:
(A) A new
Official Emission Inspection Station Update/Official Emission Inspection
Station Application shall be submitted to the Bureau immediately.
(B) A new letter of authority shall be
required for the person signing the Official Emission Inspection Station
Update/Official Emission Inspection Station Application.
(6) Whenever a person, whose name
is on the Authorized Agents For Receiving Stickers Form, resigns or is relieved
of his emission inspection responsibilities, the owner shall complete a new
Authorized Agents For Receiving Stickers Form and submit the completed form to
the Bureau immediately.
(7)
Customer relations shall be governed by the following:
(i) The garage owner or certified emission
inspector shall consult the vehicle owner for permission before emission
adjustments are made.
(A) Permission may be
established at the time the vehicle is brought to the station or after it is
determined to what extent adjustments are needed.
(B) The vehicle owner is allowed to perform
his own adjustments, or to select anyone he chooses to do the work for
him.
(ii) Parts replaced
as a result of inspection shall be retained until the vehicle is returned to
the customer. The customer shall have the right to examine replaced
parts.
(iii) Inspection station
owners and inspectors should be courteous and patient in explaining to the
motorist that the requirements of emission inspection are designed to promote
clean air. Employees should clearly understand that the function of an official
emission inspection station is to perform emission inspections consistent with
this chapter.
(iv) The garage
owner, authorized manager or certified emission inspection inspector shall
provide notice to customers of the location of the nearest quality assurance
officer or the Vehicle Inspection Division.
Notes
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