(a) General rule.--The department shall supervise and inspect official inspection stations and may suspend the certificate of appointment issued to a station or may impose a monetary penalty or may issue a warning against the station which it finds is not properly equipped or conducted or which has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the department. A schedule of all penalties, points and suspension may be established by the department by publishing a notice in the Pennsylvania Bulletin until the regulations governing these penalties are promulgated by the department. The department shall maintain a list of all stations holding certificates of appointment and of those whose certificates of appointment have been suspended. Any suspended certificate of appointment and all unused certificates of inspection shall be returned immediately to the department.
(b) Judicial review.--Any person whose mechanic certificate issued under section 4726 (relating to certification of mechanics) or certificate of appointment has been denied or suspended or who has received a monetary penalty under this chapter shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The court shall set the matter for hearing upon 60 days' written notice to the department and take testimony and examine into the facts of the case and determine whether the petitioner is entitled to a mechanic certificate or certificate of appointment or is subject to suspension or monetary penalty under the provisions of this chapter.
(c) Limitation.--The department prior to suspending a certificate of appointment of an official inspection station on the grounds of careless recordkeeping or the court on appeal from a suspension may consider the volume of inspections conducted by the inspection station and provide to the owner or operator of the inspection station the opportunity to correct any inaccurate records.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 18, 1980, P.L.229, No.68, eff. 60 days; July 4, 2002, P.L.692, No.105, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days)
2016 Amendment. Act 165 amended subsecs. (a) and (b).
Cross References. Section 4724 is referred to in section 933 of Title 42 (Judiciary and Judicial Procedure).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 47 - Inspection of Vehicles
Section 4701 - Duty to comply with inspection laws
Section 4702 - Requirement for periodic inspection of vehicles
Section 4702.1 - Limited liability of inspection station or mechanic
Section 4703 - Operation of vehicle without official certificate of inspection
Section 4704 - Inspection by police or Commonwealth personnel
Section 4705 - Inspection of vehicles for transportation of school children
Section 4706 - Prohibition on expenditures for emission inspection program
Section 4706.1 - Centralized emission inspection litigation settlement (Expired)
Section 4707 - Consumer protection
Section 4708 - Inspection of motorcycles
Section 4709 - Low-Emissions Vehicle Commission
Section 4710 - Vehicle Emission System Inspection Program Advisory Committee
Section 4721 - Appointment of official inspection stations
Section 4722 - Certificate of appointment
Section 4723 - Certificate of appointment for inspecting fleet vehicles
Section 4724 - Suspension of certificates of appointment
Section 4725 - Use of certificate of appointment at official inspection stations
Section 4726 - Certification of mechanics
Section 4727 - Issuance of certificate of inspection
Section 4728 - Display of certificate of inspection
Section 4729 - Removal of certificate of inspection
Section 4730 - Violations of use of certificate of inspection
Section 4731 - Records of inspections and certificates issued