§ 4724. Suspension of certificates of appointment.
(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).
Notes of Decisions
Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012).
· cites it 10× “The dissent further noted that while it may be more logical and convenient to review suspensions under section 4726(c) and those under 75 Pa.C.S. § 4724(b) at the same time before the same tribunal, such a lack of "symmetry" does not authorize the judiciary to supply an omission…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012).
· cites it 5× “The dissent further noted that while it may be more logical and convenient to review suspensions under section 4726(c) and those under 75 Pa.C.S. § 4724(b) at the same time before the same tribunal, such a lack of “symmetry” does not authorize the judiciary to supply an omission…”
Firestone Tire & Serv. Ctr., O.I.S. 798 v. Commonwealth, Dep't of Transp., 871 A.2d 863 (Pa. Commw. Ct. 2005).
· cites it 2× “By letter dated February 12, 2004, DOT notified Firestone that its certificate of appointment as an official safety inspection station was being suspended for a one-year period for fraudulent record keeping pursuant to Section 4724(a) of the Vehicle Code (Code), 75 Pa.C.S. §…”
McCarthy v. Commonwealth, Dep't of Transp., 7 A.3d 346 (Pa. Commw. Ct. 2010).
“Section 4724 states, in relevant part, as follows: The [Department shall supervise and inspect official inspection stations and may suspend the certificate of appointment issued to a station which it finds is not properly equipped or conducted or which has violated or failed to…”
Snyder v. Com., Dept. of Transp., Bureau of Motor Vehs., 970 A.2d 523 (Pa. Commw. Ct. 2009).
“By order dated and delivered March 16, 2005, the Department, acting pursuant to 75 Pa.C.S. § 4724 (relating to suspension of certificates of appointment), suspended the Station’s certificate of appointment as an official emission inspection station for two years and imposed two…”
Bureau of Traffic Saf. v. Searer, 413 A.2d 1157 (Pa. Commw. Ct. 1980).
“Prior to July 1,1977, Section 819(b) was applicable law, and the suspension of an inspection station’s certificate of appointment as a result of an employee’s actions was subject to the limitation that if the servant or employe of any such inspection station shall without the…”
Commonwealth, Dep't of Transp., Bureau of Motor Vehs. v. Mazzarini, 919 A.2d 295 (Pa. Commw. Ct. 2007).
“) On July 15, 2005, DOT notified Park Way that its Certificate of Appointment as an official safety inspection station was being suspended for two months, pursuant to 75 Pa.C.S. § 4724, for “improper record keeping (failing] to record rejections, total cost, brake and tire…”
Fiore Auto Serv. v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 735 A.2d 734 (Pa. Commw. Ct. 1999).
“The first order suspended the certificate of appointment of Fiore Auto Service as an official inspection station for one year for the first count and permanently for each of the remaining nine counts of fraudulent recordkeeping, pursuant to Section 4724(a) of the Vehicle Code,…”
Commonwealth v. Cappo, 527 A.2d 190 (Pa. Commw. Ct. 1987).
“DOT, by official notice dated October 15, 1984, suspended the appellees Certificate of Appointment and his motor vehicle inspection license for one hundred and thirty-six years and three months, pursuant to Sections 4724 and 4726 of the Vehicle Code, 75 Pa. C. S. §§4724 and…”
Tropeck v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 847 A.2d 208 (Pa. Commw. Ct. 2004).
· cites it 2× “*210 t/d/b/a Joe Cooper Service Station pursuant to Section 4724 of the Vehicle Code, 75 Pa.C.S. § 4724. 2 DOT imposed a two month suspension upon Appellants for a faulty inspection, a two month suspension for failure to verify financial responsibility and one year suspension…”
Kenworth Trucks Philadelphia, Inc. v. Commonwealth, 425 A.2d 49 (Pa. Commw. Ct. 1981).
“162, 75 Pa. C. S. §4724(a). 1 On August 24, 1978, Kenworth, an authorized inspection station, repaired and inspected a Hertz truck for which the driver did not possess the owner’s card and Kenworth, therefore, informed Hertz that the inspection could not be completed without…”
Com., Dept. of Transp. v. Tutt, 576 A.2d 1186 (Pa. Commw. Ct. 1990).
“The Bureau, upon a finding of careless recordkeeping, suspended Tutt’s certificate pursuant to 75 Pa.C.S. § 4724, 67 Pa.Code § 175.51. In a de novo proceeding, the Court of Common Pleas found that the errors in recordkeeping allegedly committed by Tutt of which the Bureau…”
— 75 Pa. Cons. Stat. § 4724(a) — 37 cases
Firestone Tire & Serv. Ctr., O.I.S. 798 v. Commonwealth, Dep't of Transp., 871 A.2d 863 (Pa. Commw. Ct. 2005).
“By letter dated February 12, 2004, DOT notified Firestone that its certificate of appointment as an official safety inspection station was being suspended for a one-year period for fraudulent record keeping pursuant to Section 4724(a) of the Vehicle Code (Code), 75 Pa.C.S. §…”
McCarthy v. Commonwealth, Dep't of Transp., 7 A.3d 346 (Pa. Commw. Ct. 2010).
“Section 4724 states, in relevant part, as follows: The [Department shall supervise and inspect official inspection stations and may suspend the certificate of appointment issued to a station which it finds is not properly equipped or conducted or which has violated or failed to…”
Fiore Auto Serv. v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 735 A.2d 734 (Pa. Commw. Ct. 1999).
“The first order suspended the certificate of appointment of Fiore Auto Service as an official inspection station for one year for the first count and permanently for each of the remaining nine counts of fraudulent recordkeeping, pursuant to Section 4724(a) of the Vehicle Code,…”
Kenworth Trucks Philadelphia, Inc. v. Commonwealth, 425 A.2d 49 (Pa. Commw. Ct. 1981).
“162, 75 Pa. C. S. §4724(a). 1 On August 24, 1978, Kenworth, an authorized inspection station, repaired and inspected a Hertz truck for which the driver did not possess the owner’s card and Kenworth, therefore, informed Hertz that the inspection could not be completed without…”
— 75 Pa. Cons. Stat. § 4724(b) — 11 cases
Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012).
“The dissent further noted that while it may be more logical and convenient to review suspensions under section 4726(c) and those under 75 Pa.C.S. § 4724(b) at the same time before the same tribunal, such a lack of "symmetry" does not authorize the judiciary to supply an omission…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012).
“The dissent further noted that while it may be more logical and convenient to review suspensions under section 4726(c) and those under 75 Pa.C.S. § 4724(b) at the same time before the same tribunal, such a lack of “symmetry” does not authorize the judiciary to supply an omission…”
— 75 Pa. Cons. Stat. § 4724(c) — 1 case
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