Commonwealth v. Kirschner

6 Pa. D. & C.3d 222, 1978 Pa. Dist. & Cnty. Dec. LEXIS 314
Pennsylvania Court of Common Pleas, Bucks County·Decided June 6, 1978·No. no. 78-1014-05-6·Published

Opinion

GARB, J.,

This is an appeal from the order of suspension issued by the secretary of transportation suspending appellant’s certification as an official inspection mechanic and his certificate of appointment to inspect motor vehicles for a period of one year. A hearing de novo was held by the undersigned on this appeal as a result of which we enter the following

FINDINGS OF FACT

1. Appellant at all relevant times hereto is certified as an official inspection mechanic and the business owned and operated by him is certified to inspect motor vehicles in Pennsylvania, both certifications issued by the secretary of transportation under and pursuant to the authority vested in him to do so by the Vehicle Code of June 17, 1976, P.L. 162, 75 Pa.C.S.A. §101 et seq.

2. At all relevant times hereto appellant conducted the business of inspection of motor vehicles of all sorts pursuant to the foregoing certifications under the name of Kirschner Service, 1100 Bustle-ton Pike, Feasterville, Bucks County, Pa.

3. On or about November 18, 1977, Howard T. Ashton, a trooper of the Pennsylvania State Police, visited appellant’s place of business on a semiannual visit of inspection stations for the purpose of investigating inspection records.

[224]*2244. The purpose of the investigation by trooper Ashton was a verification of records of inspections made by appellant during the first and second inspection campaigns of 1977, the second inspection campaign covering the period of May, June and July, 1977.

5. During the course of his investigation on November 18, 1977, Ashton requested the records of appellant of inspections made of trailers during the second campaign to which appellant responded that he did not have such records as they were then in the process of being audited by his accountant.

6. Ashton advised appellant that he wished to see those records as quickly as possible and appellant was instructed to retrieve them from his accountant.

7. Appellant had requisitioned and received 20 stickers to be used for the purpose of implacement upon trailers duly inspected and in response to Ashton’s question stated that he had used all 20 which had been requisitioned.

8. As Ashton was leaving appellant’s establishment appellant opened a drawer to his desk and Ashton saw therein a book containing three stickers to be used for utility or commercial trailers during the second campaign. Ashton retrieved these stickers from the drawer and they constituted three of the 20 which were requisitioned by appellant.

9. Ashton then instructed appellant to produce the records of trailer inspections within two hours at the Pennsylvania Police Barracks at Trevose and thereupon left appellant’s establishment.

10. Ashton and trooper Louis Aceto of the Pennsylvania State Police returned to appellant’s place of business one hour thereafter and found appellant seated at this desk in the process of completing the [225] records he is required to keep of inspections of utility or commercial trailers for the second campaign of 1977. The troopers seized the record document.

11. Troopers Ashton and Aceto then proceeded to the place of business of the owner of most of the trailers as reflected on the form the appellant had been observed completing and there inspected the trailers which had allegedly been inspected as reflected by the aforesaid form.

12. The aforesaid trailers were found to be in poor condition with bald tires and broken lights, none of them exhibiting the appropriate inspection stickers for the second campaign.

13. In a subsequent conversation with appellant, at which time he was advised that the trailers in question had been inspected by the trooper and found not to bear the inspection stickers, appellant stated that although he had properly inspected the trailers he had given the stickers to the driver to be placed thereon by him rather than by appellant.

14. Upon a uniscope check into the computer at the Department of Transportation in Harrisburg it was determined by the troopers that six of the trailers allegedly inspected as reflected by the form appellant was observed completing on November 18, 1977, were not duly registered in the Commonwealth of Pennsylvania at the time of the inspection, their previous registration having lapsed and not having been renewed.

DISCUSSION

The right to suspend the certificate of appointment issued to a station to conduct inspections is contained in section 4724(a) of the Vehicle Code of [226] June 17, 1976, P.L. 162, sec. 1, 75 Pa.C.S.A. §4724, and provides that such certificate may be suspended upon a finding that the inspection station violated or failed to comply with any of the provisions of such chapter of the Vehicle Code or regulations adopted by the department. Subsection (b) of the same section of the Vehicle Code provides that any person whose certificate of appointment has been denied or suspended under this chapter shall have the right to file a petition within 30 days for a hearing on the matter in the court of common pleas of the county in which the inspection station is located. In such cases the burden of proof is upon the Commonwealth by a fair preponderance of the evidence: Department of Transportation v. Kobaly, 24 Pa. Commonwealth Ct. 140, 354 A. 2d 272 (1976).

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Commonwealth v. Kirschner, 6 Pa. D. & C.3d 222, 1978 Pa. Dist. & Cnty. Dec. LEXIS 314 (Pa. Super. Ct. 1978).

6 Pa. D. & C.3d 222 (Commonwealth v. Kirschner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Campbell v. Commonwealth, Department of Transportation
329 A.2d 867 (Commonwealth Court of Pennsylvania, 1974)
Commonwealth v. Kobaly
354 A.2d 272 (Commonwealth Court of Pennsylvania, 1976)