§ 4726. Certification of mechanics.
(a) General rule.--No mechanic shall conduct motor vehicle inspections or mass transit vehicle inspections
at an official inspection station unless certified as to training, qualifications
and competence by the department or the department's designate according to department
regulations. The regulations relating to mass transit vehicle inspections shall require
that any mechanic conducting such inspections shall possess proven competence in the
area of mass transit vehicle operation and maintenance. The provisions of this title
or regulations adopted thereunder shall not be construed or applied in a manner which
would preclude or impair the right of a person who is a resident of another state,
and who is in possession of a valid driver's license issued by such state, to be certified
to conduct motor vehicle inspections or mass transit vehicle inspections at an official
inspection station in this Commonwealth. A certified official inspection mechanic
performing a road test on a vehicle for the purpose of conducting a motor vehicle
inspection is not required to hold a commercial driver's license if the entire road
test is performed on private property, provided the mechanic holds a valid Class C
driver's license and the road test area is of adequate space and size to perform a
complete and proper road test as specified in department regulations. No official
inspection station appointment shall be issued or renewed unless a certified official
inspection mechanic is employed there.
(b) Supervision and suspension.--The department shall supervise mechanics certified under this section and may suspend
the certification issued to a mechanic or may impose a monetary penalty if it finds
that the mechanic has improperly conducted inspections or has violated or failed to
comply with any of the provisions of this chapter or regulations adopted by the department.
The department shall maintain a list of all certified mechanics and of those whose
certification has been suspended. Any suspended certificate shall be returned immediately
to the department.
(c) Judicial review.--(Deleted by amendment).
(June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980, P.L.229, No.68, eff. 60
days; May 26, 1982, P.L.435, No.129, eff. imd.; June 28, 1993, P.L.137, No.33, eff.
60 days; July 2, 1993, P.L.408, No.58, eff. imd.; Nov. 4, 2016, P.L.1277, No.165,
eff. 60 days)
2016 Amendment. Act 165 amended subsec. (b) and deleted subsec. (c).
1993 Amendments. Act 33 amended subsec. (a) and Act 58 amended subsec. (a). The amendments by Acts
33 and 58 are identical and therefore have been merged.
Cross References. Section 4726 is referred to in section 4724 of this title.
Notes of Decisions
Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012).
· cites it 25× “On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. [6] PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012).
· cites it 12× “On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. 6 PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 973 A.2d 453 (Pa. Commw. Ct. 2009).
· cites it 5× “On December 11, 2007, the Director of the Bureau sent Petitioner the order of his suspension pursuant to Section 4726 of the Vehicle Code, as amended, 75 Pa.C.S. § 4726. 1 Petitioner filed his petition for review with this Court invoking its appellate jurisdiction pursuant to…”
Snyder v. Com., Dept. of Transp., Bureau of Motor Vehs., 970 A.2d 523 (Pa. Commw. Ct. 2009).
“Simultaneously, the Department, acting pursuant to 75 Pa.C.S. § 4726 (relating to certification of mechanics), suspended Snyder’s and Harris’ certifications as official emissions inspectors for a two-year period.”
Commonwealth, Dep't of Transp., Bureau of Motor Vehs. v. Mazzarini, 919 A.2d 295 (Pa. Commw. Ct. 2007).
“) The same day, DOT notified Mazzarini that his certificate as an Official Safety Inspector was being suspended for two months, pursuant to 75 Pa.C.S. § 4726, for “improper record keeping (failing] to record rejections, total cost, brake and tire readings and odometer readings).”
Fiore Auto Serv. v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 735 A.2d 734 (Pa. Commw. Ct. 1999).
“The second order suspended the certification of Michael Fiore as an official safety inspection mechanic for one year for the first count and permanently for each of the remaining eight counts 2 of fraudulent recordkeeping, pursuant to Section 4726 of the Vehicle Code, 75 Pa.C.S.…”
Mihadas v. Commonwealth, Dep't of Transp., 741 A.2d 249 (Pa. Commw. Ct. 1999).
“*251 Final orders of DOT relating to certification of inspection mechanics under 75 Pa.C.S. § 4726(c), on the other hand, are not appeal-able to the courts of common pleas pursuant to 42 Pa.”
Strickland v. Commonwealth, 574 A.2d 110 (Pa. Commw. Ct. 1990).
“Chambers (Chambers) lost their certifications as official inspection mechanics and official emission inspection mechanics at the same hearing, under Section 4726 of the Act, 75 Pa. C.S. § 4726. The basis for these suspensions involved the issuance of altered inserts for…”
Commonwealth, Dep't of Transp., Bureau of Traffic Saf. v. Stahl, 460 A.2d 1223 (Pa. Commw. Ct. 1983).
“As to the alleged second violation, Stahl contends that the department is responsible for certifying inspection mechanics under 75 Pa. C. S. §4726, and, because the regulations contain no requirement that an inspection station owner inspect his certified mechanic’s driver’s…”
Tropeck v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 847 A.2d 208 (Pa. Commw. Ct. 2004).
“By letter dated June 13, 2002, DOT notified Appellant Tropeck that his certification as an Official Safety Inspector was being suspended pursuant to Section 4726 of the Vehicle Code, 75 Pa.C.S. § 4726. 1 DOT also suspended the Certificate of Appointment as an Official Safety…”
Commonwealth v. Altier, 557 A.2d 1167 (Pa. Commw. Ct. 1989).
“Section 4726 of the Vehicle Code, 75 Pa. C. S. §4726.”
Ruffo v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 823 A.2d 219 (Pa. Commw. Ct. 2003).
“75 Pa.C.S. § 4726(b), which provides that: [t]he [D]epartment shall supervise mechanics certified under this section and may suspend the certification issued to a mechanic if it finds that the mechanic has improperly conducted inspections or has violated or failed to comply with…”
— 75 Pa. Cons. Stat. § 4726(a) — 2 cases
— 75 Pa. Cons. Stat. § 4726(b) — 9 cases
Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012).
“On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. [6] PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012).
“On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. 6 PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Ruffo v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 823 A.2d 219 (Pa. Commw. Ct. 2003).
“75 Pa.C.S. § 4726(b), which provides that: [t]he [D]epartment shall supervise mechanics certified under this section and may suspend the certification issued to a mechanic if it finds that the mechanic has improperly conducted inspections or has violated or failed to comply with…”
— 75 Pa. Cons. Stat. § 4726(c) — 6 cases
Mohamed v. Commonwealth, Dep't of Transp., 40 A.3d 1186 (Pa. 2012).
“On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. [6] PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012).
“On December 11, 2007, PennDOT sent Appellant an order notifying him that his certification as an official emission inspector was suspended pursuant to 75 Pa.C.S. § 4726. 6 PennDOT imposed a one-year suspension upon Appellant for the faulty inspections and a one-year suspension…”
Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 973 A.2d 453 (Pa. Commw. Ct. 2009).
“On December 11, 2007, the Director of the Bureau sent Petitioner the order of his suspension pursuant to Section 4726 of the Vehicle Code, as amended, 75 Pa.C.S. § 4726. 1 Petitioner filed his petition for review with this Court invoking its appellate jurisdiction pursuant to…”
Mihadas v. Commonwealth, Dep't of Transp., 741 A.2d 249 (Pa. Commw. Ct. 1999).
“*251 Final orders of DOT relating to certification of inspection mechanics under 75 Pa.C.S. § 4726(c), on the other hand, are not appeal-able to the courts of common pleas pursuant to 42 Pa.”
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