2 pen DEPARTMENT or TRANSPORTATION verve. cor state . pa . May?lS, 2014 Gale Alvarez Foreign Cars Of York 239 Philadelphia St York, PA 17403 RE: Court Order Court Of Common Pleas Of York County Dear Station Representative: In compliance with the Order of the above referenced Court, dated April 25, 2014, the suspension of your of?cial emissions inspection station privileges has been affirmed and will continue in effect from the date of this letter. In accordancewith this decision, you are hereby suspended for two (2) years for furnish, lend, give, sell or receive a certi?cate of inspection without inspection and fraudulent record keeping; On April 30, 2013 Inspector Galo Alberto Alvarez Operator?inspected a 2000 Old Bravado VIN and issued emission sticker lM3-3394914) with credit given for thirty nine (39) days already served. The suspension(s) will run'concurrently, for a total suspension of one (1) year. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation(s) considered separately. You are ordered to surrender to the bearer of this notice, who is an authorized representative of the Department of Transportation, your Emission Certi?cate(s) of Appointment, all unused emission inspection stickers, and other related emission items. Your emissions inspection equipment will be locked out from performing of?cial emissions testing for the duration of this suspension. Two (2) weeks prior to expiration of your suspension, you may contact your Quality Assurance Officer for reappointment. A complete and thorough investigation may be conducted to determine if you are qualified for reappointment. (Your station will not be approved if the fine has not been paid. Please make check or money order payable to the Commonwealth of and forward to the Vehicle inspection Division, PO. Box 69003, Harrisburg, 17106-9003.) - If you have any questions, please contact the Vehicle Inspection Division at (717) 787-2895, or you may write to the Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106?9003. MAILING ADDRESS: Sincerely, Department of Transportation . Chief Counsel?s Of?ce 4 JW Riverfront Of?ce Center 1 101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street I Harrisburg, PA 17104 I 717-787-2895 .1 COMMONWEALTH OF OFFICE OF GENERAL COUNSEL DATE: April 25, 2014 Station: Galo Alvarez tld/bfa Foreign Cars of York BVUB To: . Kay Kishbaugh, Manager Vehicle Inspection Mechanic: Division Bureau of Motor Vehicles From; Christopher J. Johnson County: York Assistant Counsel Docket Number: 2014-SU-51-54 Subject: INSPECTION CASE Original STATION 2 yr $5,000 fine Sanction: INSPECTOR (EMISSIONS) Reason: Furnishing; fraudulent record keeping. Date of Netice: January 3, 2014 Efeetive Date: January 3, 2014 Atthed Order of Court or a Stipulation. Piease take the action indicated: Please modify original sanctions as follows: Emission Station Reinstate 2 year suspension to run concurrent for a total suspension of 1 year. Reduce $5,000 ?ne to $2,500. Effective February 4, 2014. Wan/w If you have any questions, please let me know. Thank you for your assistance. We A5700 OFFICE OF CHIEF COUNSEL I VEHICLE TRAFFIC DIVISION RIVERFRONT OFFICE CENTER, 3RD 1101 SOUTH FRONT STREET HARRISBURG, PA 17104-2516 Ph: Fax: 717?705-1122 mvwoohstatepaus DEPARTMENT OF IN THE COURT OF COMMON PLEAS OF YORK COUNTY, GALO ALVAREZ t/d/b/a FOREIGN NO. CARS OF YORK, OIS BVOS vs. COMMONWEALTH OF LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION ORDER WITHDRAWING APPEAL AND NOW, this 23rd day of April, 2014, by agreement of the parties, the appeal ?led in the above referenced matter is WITHDRAWN, and the suspensions are reinstated effective February 4, 2014, to be run concurrently for one year with a total ?ne of $2,500. BY THE COURT: W119,th Stephen P. Linebaugh, Pj' Attest: Christopher J. Johnson, Esq., PENNDOT, Of?ce of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Farley G. Holt-Esq? 34 North Queen Street, York, PA 17403 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF No. :20} LR, S?0l? 5% MOTOR VEHICLES, EMISSIONS, "cE INSPECTIONS AND MAINTENANCE -4593 Appellee, :0 VS. - 13"? .4 GALO ALVAREZ, AND FOREIGN CARS OF YORK, Appellants. ORDER FOR SUPERSEDEAS OF SUSPENSION AND ORDER FOR STAY OF COSTS AND FINES AND Now, TO WIT, this my of ?bm? ,2014, upon consideration of the within ?Appeal of Order of Fine and Suspensitin of Certi?cate of Of?cial Emission Station?, it is hereby ORDERED AND DIRECTED that a Supersedeas is hereby granted in this matter whereby Appellant?s suspension of Appointment of Certi?cate as Of?cial Emission Inspection Station is hereby reinstated pending Hearing on the instant Appeal, and further ORDERED that all ?nes assessed and associated therewith are hereby stayed pending Hearing in this matter. BY THE COURT: Nat? we? rat! 0 (tailo -. Gammon Ca nape I?isteph?n p, Linebaugn, Deva .. $231 93:2 Hd L2 933m: ABVLONOHIOM as some Farley Holt GeorgeHMargetas Law Office of Farley Holt, LLC licensed in New jersey 34 North Queen Street York, 17403 Tel: (717) 846-0550 Fax: (717) 843-1993 February 1 9, 20 14 Commonwealth of Department of Transportation Chief Counsel?s Office Riverfront Office Center 1101 South Front Street, 3?cl Floor Harrisburg, 17 1 04-241 6 IN RE: Department of Transportation, Bureau of Motor Vehicles vs. Galo Alvarez and Foreign Cars "of York Docket Number: TO WHOM IT MAY CONCERN: Please ?nd enclosed herein for service upon your office, an Appeal of Order of Fine and Suspension of Official EmisSion Inspection Station, that was ?led on behalf of the above- captioned Appellants on February 18, 2014. I am also enclosing a proposed Order for Supersedeas of Suspension and Fines that I intend to present to'Judge Stephen P. Linebaugh in Current Business Court relative to the Appeal, whereby I am seeking the Judge to sign pending the Hearing in this matter. PLEASE TAKE NOTICE that I will be presenting the foregoing in Current Business Court on Thursday, February 27, 2014 at 9:00 before Judge Linebaugh in Courtroom Number 8, Floor, York County Judicial Center, 45 North. George Street, York, 17401. Please also note that my clients inform me that they in fact were not served with the Suspension letter until February 5, 2014 when it was hand-delivered to Foreign Cars of York by Bill Quality Assurance Of?cer. Should you wish to discuss this matter with me in greater detail, please feel free to contact me at my office. Sincerely yours, FGH:mnh Farley Holt, Esq. Enclosures SERVICE BY CERTIFIED RECEIPT REQUESTED IN THE COURT OF COMMON PLEAS OF YORK COUNTY, COMMONWEALTH OF PA, DEPARTMENT No. OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, EMISSIONS, INSPECTIONS AND MAINTENANCE Appellee, vs. GALO ALVAREZ, AND FOREIGN CARS OF YORK, Appellants. ORDER FOR SUPERSEDEAS OF SUSPENSION AND NOW, TO WIT, this day of . 2014, upon consideration of the within ?Appeal of Order of Fine and Suspension of Certi?cate of Of?cial Emission Inspection Station?, it is hereby ORDERED AND DIRECTED, that a Supersedeas is hereby granted in this matter whereby Appellant?s suspension of Appointment of Certi?cate as Of?cial Emission Inspection Station is hereby reinstated pending Hearing on the instant Appeal, and further ORDERED that all ?nes assessed and associated therewith are hereby stayed pending Hearing in this matter. BY THE COURT: IN THE COURT OF COMMON PLEAS OF YORK COUNTY, COMMONWEALTH OF PA, DEPARTMENT No. OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, EMISSIONS, INSPECTIONS AND MAINTENANCE Appellee, vs. ,Lf GALO ALVAREZ, AND FOREIGN CARS OF 3.5; YORK, Appellants. NOTICE OF PETITION I92 =9 ?2ch 6! 83.5515'82 TO: Commonwealth of Department of T1'an3portation Chief Counsel?s Of?ce Riverfront Of?ce Center I 101 South Front Street, 3?1 Floor Harrisburg, 17104?2416 YOU ARE HEREBY NOTIFIED THAT THE ATTORNEY IN THE ABOVE-CAPTIONED MATTER INTENDS TO PRESENT AN ORDER FOR SUPERSEDEAS RELATED TO AN APPEAL OF ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION TO JUDGE STEPHEN P. LINEBAUGH. AT 9:00 A.M. ON THURSDAY, FEBRUARY 27, 2014, IN COURTROOM NO. FLOOR, YORK COUNTY JUDICIAL CENTER, 45 NORTH GEORGE STREET, YORK, A TRUE AND CORRECT COPY OF THE FORM OF THE APPEAL AND SUPERSEDEAS ORDER IS ATTACHED HERETO. Dated: February 19, 2014 Farley Holt, Esquire 34 North Queen Street York, 17403 717-846-0550 ID 59920 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, Tuesday February 18, 2014 16.57 AM COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, BUREAU OF 3? a, MOTOR VEHICLES, EMISSIONS, j; INSPECTIONS AND MAINTENANCE . 3" f? .717," - Cr) VS. I GALO ALVAREZ, AND FOREIGN CARS OF YORK, . Appellants. . APPEAL or. ORDER OF FINE AND SUSPENSION 0F OFFICIAL EMISSION INSPECTION STATION captioned AND NOW, TO WIT, this 18th day of February, 2014, comes the above Appellants, Galo Alvarez and Foreign Cars of York, by and through their attorney, Farley Holt, Esquire, and ?le the within ?Appeal of Order of Fine and Suspension Of Of?cial Emission Inspection Station? to which the following is a statement: 1. The above-captioned Appellant, Galo Alvarez, is an adult individual who is employed by Foreign Cars of York, a corporation, organized and existing pursuant to the laws of the Commonwealth of with its principal place of business being located at 245 East Philadelphia Street, York, 17403. 2. The above?captioned Appellee is an agency organized and existing pursuant to the law of the Commonwealth of Department of Transportation, Bureau of Motor Vehicles, Emissions, Inspections and Maintenance, with of?ces located at 1101 South Front Street, Third Floor, Harrist -- 3. At all relevant times hereto the Appellant is in the business of repairing, inspecting and maintaining motor vehicles. 4. At all times relevant hereto, the Appellee had issued a Certi?cate of Appointment as an of?cial inspection station to the Appellants. 5. The Appellants ivere assigned an official emission inspection number, namely, and Appellant, Galo Alvarez was assigned an Of?cial Emissions Inspection Operator Number of - 6. On or about April 30, 2013, the Appellants attempted to perform an emission inSpection on a 2000 Olds Bravada bearing IGHDT13WOY2295027, at which time the vehicle had failed and was in need of repair prior to passing the emissions test. 7. On April 30, 2013, the Appellants effectuated the apprOpriate repairs needed for the vehicle to pass the emissions test pursuant to the code produced by the emissions computer. 8. It was necessary for the vehicle to be driven for several days in order for the computer to reboot and gather information from the vehicle prior to in order Appellants performing a emissions inspection test. 9. On May 2, 2013, the vehicle was returned to the Appellant?s shop for the purposes of performing a reinspection of the emissions system associated with the foregoing subject vehicle, at which time the inspector, 9the Appellant, Galo Alvarez, attempted numerous times to connect the vehicle to the emissionsiinspection computer. 10. Despite several attempts, the vehicle?s computer repeatedly failed to communicate with the emissions inspection computer. 1. The Appellant had never encountered this dif?culty in the past 10 years of performing emission testing. I 12. The emissions inspection computer then provided the Appellant with an option to ?continue? which was selected by the Appellant. 13. The Appellant believed the foregoing to be an okay option to perform given the lack of communication between the vehicle and the emissions inspection computer. 14. At conclusion-of the foregoing, a report was generated indicating that the ?overall test results passed?. (See attached Appellant?s Exhibit which is incorporated herein by reference as if set forth in full). 15. Further, the emissions inspection computer indicated that the subject vehicle ?needed to have the above problems corrected prior to the next year?s emissions inspection?, which read: ?Based on the information gathered during an attempt to perform an On Board Diagnostic test, your vehicle has a Data Link Connector that cannot be located by the inspector. This vehicle should have the On Board Computer Data Link Connector available to the inspector and functioning properly to pass the vehicle inSpection.? (See Appellant?s Exhibit 16. As a result of the indication of overall test results ?passed?, Appellant issued an emission sticker to the customer?s vehicle. I 17. During an audit, a report was issued whereby it was determined by Bill Quality Assurance Of?cer for Drive Clean PA Vehicle Emissions Inspection and Maintenance, that action is possible. (See attached Appellant?s Exhibit which is incorporated herein by reference as if set forth in full). 18. On or about January 3, 2014, the Appellee prepared an Order of inc and Suspension of Of?cial Emission Inspection Station, in which it was determined that Appellant would receive, as a result of 2 violations and pursuant to Section 4724 of the Vehicle Code, a suspension of his Certi?cate of Appointment as Of?cial Emission Inspection Station, for a period of 2 years (1 year for each violation and a total??ne of $5,000.00 - $2,500.00 for each violation). (See attached Appellant?s Exhibits which are incorporated herein by reference as if set forth in full). 19. Appellants assert that even given that the foregoing Order of Fine and SuSpension of Of?cial Emission Inspection Station was dated January 3, 2014, Appellants in fact did not receive the same until it was hand-delivered'to Appellant?s place of business on February 5, 20 14. 20. The nature of violations were for furnishing, lending, giving, selling or receiving a certi?cate of inspection without inspection and for fraudulent record keeping. 21. The Appellant contends and avers that the incident giving rise to the foregoing suspension, involved an imibcent, honest mistake performed by the emissions technician, Galo Alverez, after he attempted to perform the inspection who did not furnish lend, give, sell or receive a certi?cate of inspection without conduction an inspection. 22. Further, Appellants aver that they did not engage in fraudulent record keeping, whose records truly re?ected the truth of the occurrence which was what led Bill to ?rst detect the subject error. 23. Appellants further, in ?ling the instant Appeal, request that the ?ling of the instant Appeal act as a super sedeas in this matter and that request that Appellant?s Appointment of Certi?cate as Of?cial Emission Inspection Station be reinstated pending the outcome of the instant Appeal. 24. The Appellants ?le the instant Appeal Whereby Appellants are requesting the issuance of an Order of Court vacating the Order of Fine and Suspension of Of?cial Emission Inspection Station in this matter. WHEREFORE, the above?captioned Appellants respectfully request that this Honorable Court issue an Order of Court vacatingthe Order of Fine and Suspension of Of?cial Emission Inspection Station issued by in this matter, who further request that this Court issue an Order of Super Sedeas reinstating the Appellants? Certi?cate of Appointment as Of?cial Emission Inspection pending the outcome of Appellants? Appeal, and any other relief this Honorable Court may deem just and appropriate in this matter. Respectfully submitted, ID. #59920 34 North Queen Street York, 17403 ID. #59920 Attorney for Appellants VERIFICATION I, do hereby verify that the statements contained in the afore going a, I are true and correct to the best ofmy knowledge, information and belief. I understand that false statements are subject to the penalties of 18 Section 4904 relating to unswom falsi?cation to authorities. DATE: 2 van; Test Datefl?imc: {liill2f2t'lt3 it?) ll:32 'I'Illc.? 5 743112-1311 VEHICLE thlr: 2001.1 Makc: OLDSMOHILE h??lutlcl: BRA VIN: lingincSizc: 4.300 l. - Cylinders: 1284M 1? (WWII: 5350 listinnunl ?I'cst License: 1615635 inspection: ?l?ype: AFTER REPAIRS Wcight: ll County: YORK Number: EMISSIONS CONTROL Air Illj. NA Catalytic I -I-'ncl Can Integrity . PASS EUR System: NA Evaponnivc Control System: NA NA l-?ucl Inlet Rcatlrictor: 138i.) ?l?l I51 LL- I lkni Mil. BULB K0130: . PASS OED FAULTCODE NA Mll.l?l.li..13 KOIER: PASS OBI) READINESS NA Mll. COMMAND NA OISDPUM Cl IECK WE OVERALL TEST RESULTS: PASSED Emissions Control Systems Inspection: PASSED OBD Emissions Inspection: NA Sticker: TIN: 914259605437 Based on the information gathered during an attempt to perform an 011 Board Di Data Link Connector that cannot be l0ctlted by the inspector. This vc l)otn Linlt Connector available to the inspector and functioning prone agnostic test. your which: has :1 simultl have the On lionrtl Conmoter rly to pass the vehicle This vehicle needs to have the above problem corrected prior to next vcar '3 emissions inspection RETAIN THIS DOCUMENT FOR YOUR RECORDS. . Vehicle tested in accordance with Pa. Code Title 67, Chapter I 77 EMISSIONS Ni NAME-I: (no.0 A. NAME: Forciin Cars ()I?York ADDRESS: 239-345 East Philadelphia 31rch York, PA l?4(13 I?l lONli: 7 7- 345-875? if; 1320 I 90-13 SOFTWARE VERSION: 1 till EMISSIONS QUESTIONS: l-?Inspectors mlonunhon. nlcnac contact mluntcr l-lotlmc {sum gas-(1021. mm PET Ui v2.0 Of?cial Emissions Inspection 12/! 1/06 Station Investigation Report Station Name Foreign Cal's (if-York 0.18 Number BVOB Street Address 239 East Philadelphia 51: County York City and Zip Code York Phone Number 71 7-845-3757 Start: Miles Driven: Start: Travel Time: r_Start: Audit Time: End: End: End: Type of Report DAppointment ClCancellation Cliteappointment ClSuspension xRecord Audit Ulnvestigation UOther Faulty lnsp/ Fraudualnt record keeping Sticker Reconciliation Previous Balance: Stickers Issued: Stickers Voided: Stickers Missin 1: Received to p_ Stickers Stolen: Total to Audit: Stickers Destroyed: Stickers'Used: Last Sticker Audited: Sticker Balance: Stickers on Site: Violations Indicated: [3 Administrative xRecord Cl Vehicle Related Cl Other Comments: On 4/30t13 a 2000 Olds Bravada. VIN 1 vehicle then passed on 5/2/13 when it was i issued lM33394914 by inspector inspector related at this time that he remember and gave the car to his customer to get the code vehicle again and plugged it in. The vehicle ke GHDT13WOY2295027 Failed the emissions for code p1404. The ndicated that the DLC could not be located and the vehicle was the vehicle came in and failed. He replaced the EGR valve 3 ready. When the customer returned he inspected the pi failing to communicate and he wasn't sure what to do and he hit continue. He thought that was okay as he was given the option. He doesn?t believe he has ever used that before and wasn?t sure how to continue. That was a while ago and he is not sure right now exactly what happened. This was a very dumb mistake as he never does anything like this because it is not worth it. He knows that nothing like this will ever happen again. Copy of the work order showing egr valve replaced and VlR's attached. ?t?f?o ?ea-ade? ?awed r3 ?arf/d?tt (Station Represents Date: Number: - Date: #6121?; 1 I hereby verify that the information set forth herein was compiled in full accordance with established procedures and belief. This veri?cation is made subject to the penalties of 18 554904, relating to unsw 5v. 1. {Inf-1" "12 6 Dept. Representati and is true and correct to the best of my knowledge, om falsi?cation to authorities. 05-2 (in-cs) . I . 315] DEPARTMENT OF TRANSPORTATION January 3, 2014 Gale Alvarez Foreign Cars of BV08 245 Philadelphia Street . York, PA 17403 ?qs (8-151 ORDER OF- FINE SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION You are hereby noti?ed that your Certi?cate of Appointment as an Of?cial Emission Inspection Station is suSpended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certi?cate of Appointment is suspended for one (1) year with a $2,500.00 ?ne for furnish, lend, give, sell. or receive a certi?cate of inSpection without inspection and one (1) year with a $2,500.00 ?ne for fraudulent record keeping. (On April 30, 2013 Inspector Galo Alberto Alvarez Operator-nspected a 2000 Olds Bravado VIN and issued emission sticker RIB-3394914). The suspension(s) will run consecutively, for a total suspension of two (2) years and $5,000.00 ?ne . This suspension 'is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender'to the bearer of this notice, who is a representative of the Department of Transportation, your Certi?cate(s) of Appointment, all emission inspection stickers, other related emission items and a check or money order made but to the Commonwealth of Your emissions inspection equipment will be locked out from performing of?cial emissions testing for the duration of this suspension. Two (2) weeks priOr to the expiration of your suspension, you may contact your Quality Assurance Of?cer for reappointment. A complete and thorough investigation may be conducted to determine if you are quali?ed for reappointment. In addition, your privileges will not be restored until all fines imposed are paid in full. A check or money order may be submitted to the Department of Transportation, Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106?9003. You have the right to appeal this Departmental Order of Suspension and Fine, to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. If you do ?le an appeal a signed and time?stamped copy of the appeal must be served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension and the ?ne, must be served upon the Department at the mailing address listed below. MAILING ADDRESS: - . Department of Transportation Chief Counsel?s Of?ce ?g 56 If; E, Riverfront Of?ce Center 1 l0! S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Sincerely, Vehicle Inspections I 1101 S. Front Street I Harrisburg, PA 17104 I 7174872895 ?F?Khilu OS 2 [10-08) DEPARTMENT OF TRANSPORTATION wen-Ltiolstatdpa.us Vehicle Inspection Division P. 0. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 . MECHANIC CERTIFIED MAIL: 7004 2510 0001 4167 3294 MAIL DATE: January 3, 2014 EQTICE 0F INTENT TO SUSPEND OFFICAL EMISSION INSPECTOR During the audit conducted at Foreign Cars of York, 018%! BV08 on June 19, 2013, the following conduct was discovered to have occurred: a On April 30, 2013 Inspector Gaio Alberto Alvarez Operator?inspected a 2000 Old Bravado VIN and issued emission sticker 1043-3394914). Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles 03-2 (was; DEPARTMENT OF TRANSPORTATION wsvw.dot.state.pa.us January 3, 2014 Galo Alvarez Foreign Cars of BV08 245 Philadelphia Street York, PA 17403 performed during the suspension. Pursuant to Departmental regulations, your Certi?cate of Appointment is suspended for one (1) year with a $2,500.00 ?ne for furnish, lend, give, sell or receive a certi?cate of inspection without inspection and one (1) year with 3 $2,500.00 ?ne for fraudulent record keeping. (On April 30, 2013 Inspector Galo Alberto Alvarez Operator-inspected a 2000 Olds Bravado and issued emission sticker The suspension(s) will run consecutively, for a total suspension of two (2) years and $5,000.00 ?ne . This of?cial emissions testing for the duration of this suspension. quali?ed for reappointment. In: addition, your privileges will not be restored until all ?nes imposed are paid in full. A check or money order may be submitted to the Department of Transportation, Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106?9003. MAILING ADDRESS: . Sincerely, Departnent of Transportation .. Chief Counsel?s Of?ce a: 55 MW Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections I 1101 S. Front Street Harrisburg, PA 17104 1 717?787~2895 Ex 05:2 (10-08) DEPARTMENT OF TRANSPORTATION . Vehicle Inspection Division . P. 0. Box 69003 0310 Alb . Harrisburg PA 17106-9003 Phone: (717) 7 8 7-2895 . CERTIFIBD MAIL: 7004 2510 0001 4167 3294 MAIL DATE: January 3, 2014 NOTICE OF INTENT TO SUSPEND OFF ICAL EMISSION INSPECTOR During the audit conducted?at Foreign Cars of York, BV08 on June 19, 2013, the following conduct was discovered to. have occurred: 0 OnlApnil 30, 2013 Inspector Galo Alberto Alvarez Operator-inspected a 2000 Old Bravado VIN and issued emission sticker {Mil-3394914). As a result, "the Department intends to suspend your certi?cation as an Of?cial Emission Inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle emission inspections may be performed dining Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles IN THE COURT OF COMMON PLEAS OF YORK COUNTY, COMMONWEALTH OF PA, DEPARTMENT No. OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, EMISSIONS, INSPECTIONS AND MAINTENANCE Appellee, VS. GALO ALVAREZ, AND FOREIGN CARS 0F YORK, Appellants. CERTIFICATE OF SERVICE I, Farley Holt, Esquire, do hereby certify that I served a true and correct time-stamped copy of the within ?Appeal of Order of Fine and Suspension of Of?cial Emission Inspection Station? upon the Appelle by mailing the same by certi?ed mail to: - Department of Transportation Chief Counsel?s Of?ce Riverfront Of?ce Center 1101 South Front Street, 3rd Floor Harrisburg, 1 71 04-24 16 DATE OF MAILING: 02/ 18/14 Farley Holt, Esquire ID. #59920 34 North Queen Street York, 17403 ID. #59920 Attorney for Appellants a . DEPARTMENT OF TRANSPORTATION SUBJECT: RE: Station Suspension Foreign Cars of York 245 Philadelphia Street York, York County PA 17403 Mechanic TO: Quality Assurance Of?cer FROM: Troy Roadcap, Manager Vehicle Inspection Division Reference A: Of?cial Notification of Withdrawal of Emission Inspection Privileges and/or Letter of Authority Please serve the enclosure on the above subject and remove the item(s) indicated on the enclosure. The above subject?s inspection privileges have been suspended effective February 4, 2014, by this Bureau. Kindly remove the item(s) indicated on the enclosure in subject?s possession. Enclosure: Reference A Vehicle Inspections 1101 S. Front Street Harrisburg, PA 17104 717-787-2895 can; {re-es; pen DEPARTMENT OF TRANSPORTATION wwthet.istete.pa.us January 3, 2014 Gale Alvarez Foreign Cars of BV08 245 Philadelphia Street York, PA 17403 ORDER OF FINE AND SUSPENSION OF OFFICIAL EMISSION INSPECTION STATION You are hereby noti?ed that your Certi?cate of Appointment as an Of?cial Emission Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle emission inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certi?cate of Appointment is suspended for one (1) year with a $2,500.00 ?ne for furnish, lend, give, sell or receive a certi?cate of inspection without inspection and one (1) year with a $2,500.00 ?ne for fraudulent record keeping. (On April 30, 2013 Inspector Galo Alberto Alvarez Operator?inspected a 2000 Olds Bravado VIN and issued emission sticker IND-3394914). The suspension(s) will run consecutively, for a total suspension of two (2) years and $5,000.00 ?ne . This su3pension is to run consecutively with any other suSpension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certi?cate(s) of Appointment, all emission inspection stickers, other related emission items and a check or money order made out to the Commonwealth of Your emissions inspection equipment will be locked out ?om performing of?cial emissions testing for the duration of this suspension. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Of?cer for reappointment. A complete and thorough investigation may be conducted to determine if you are quali?ed for reappointment. In addition, your privileges will not be restored until all ?nes imposed are paid in full. A check or money order may be submitted to the Department of Transportation, Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106-9003. You have the right to appeal this Departmental Order of Suspension and Fine, to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. If you do ?le an appeal a signed and time?stamped copy of the appeal must be served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. in order for your privileges to be restored pending appeal, a signed Order of Supersedeas ?om the Court directing the Department to stay the suspension and the ?ne, must be served upon the Department at the mailing address listed below. MAILING ADDRESS: . Sincerely, Department of Transportation . Chief Counsel?s Of?ce a Riverfront Of?ce Center . I 101 S. Front Street, 3rd 1001' Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1101 S. Front Street I Harrisburg, PA 17104 717-787?2895 care sea} DEPARTMENT OF TRANSPORTATION Vehicle Inspection Division P. 0. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 CERTIFIED MAIL: 7004 2510 0001 4167 3294 MAIL DATE: January 3, 2014 0an Alberto Alvarez NOTICE OF INTENT TOSUSPEND OFFICAL EMISSION INSPECTOR During the audit conducted at Foreign Cars of York, 0181'? BV08 on June 19, 2013, the following conduct was discovered to have occurred: 0 On April 30, 2013 Inspector 6an Alberto Alvarez Operator-inspected a 2000 Old Bravado VIN and issued emission sticker As a result, the Department intends to suspend your certi?cation as an Of?cial Emission Inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle emission inspections may be performed during a period of suspension. Pursuant to Department regulations, the Department intends to suspend your certi?cation as an Of?cial Emission Inspector for ?u-nish, lend, give, sell or receive a certi?cate of inspection without inspection and fraudulent record keeping. The suspension(s) is to run consecutively for a total suspension of two (2) years. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You have a right to request a hearing on the above referenced sanction(s) under 2 ??501-508 (relating to general rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and 67 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a written request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Of?ce of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 171200096. A copy of this letter shall accompany the request. - THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER. IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONA LLY, THE ABOVE SAN WILL ALSO BE FINAL AND YOUR CERTIFICATION AS AN OFFICIAL EMISSION INSPECTOR WILL BE SUSPENDED EFFECTIVE February 4, 2014. Sincerely, I Anita M. Wasko, Director Bureau of Motor Vehicles I I I I STICKER NUMBER 0N NUMBER BVUB COUNTY SIS: EAPPT CARS OF YORK an PHILADELPHIA ST Re r-q Resmwnar WW ZIP 3_ YORK OWNER GALO SUSPENSION: SAFETY EMISSION RESTORE EFFECTIVE SUSPEN MAIL MAIL STICKERS PRINT INSP I I I I MECHANIC NUMBER STATION NUMBER BVOS STICKER NUMBER STAT NAME CITY CERTIFICATION COUNTY ALBERTO ALVAREZ EXPIR CANCEL ADDR- RECERTIFICATION 2ND MAIL DATE CHK CANCEL IND ZIP 1 SAE DUP YORK MECH 8R SUSP RN LTR RN STOP RECO LICEN EMISSIONS: SEC 0L CHK CERTIFICATION OL EXPIR 07/15/13 EXPIR CANCEL BIRTH RECERTIEICATION MAIL DATE SUSPENSION: SAFETY EMISSIONS EMIS DUP RESTORE RN LTR INDB EMIS RN EFFECTIVE SUSPEN STICKERS PRINT Station name: Foreign Cars of York BV08 EMISSION OVERT Review: date: 6-49?13 York County SAFETY COVERT VIOLATION SUMMARY on 430?13 a 2000 Old Bravada VIN failed the emissions for code P1404. the vehicle then passed on 5?2-13 when it was indicated that the could not be located and the vehicle was issued IM3-3394914 by inspector Galo Alvarez Oper. he inspector related at this time that he remembers the vehicle came in and failed. he replaced the egr valve and gave the car to his customer to get the coded ready. when the customer returned he inSpected the vehicle again and plugged it in. the vehicle kept failing to communicate and he wasn?t sure what to do and the hit continue. he thought that was okay as he was given the option. he doesn?t believe he has ever used that before and wasn?t sure how to continue. TESTIMONY tech - that was a very dumb mistake as he never does anything like this because it is not worth it. he knows that nothing like this will ever happen again. RECOMMENDED STATION PENALTY concurrent consecutive ?furnishing and fraud - hearing $00 (3 I, hearing results 1 year furnishing and 1 year fraudulent record keeping RECOMMENDED MECHANIC PENALTY concurrent consecutive Ernishing and fraud - hearing hearing results 1 year furnishing and 1 year fraudulent record keeping Happroved El disapproved (see below) Signatur CONSIDERATION OF POINT ASSESSMENT IN LIEU OF SUSPENSION 1?73") w-x??a-Hr "r "a 2?23?: via-1 :?rratmasir??i'a fiends: scat-Erie.- ?sef?r . gagiiehrr?ii-xs Kat?ats?l?mm?n awaitinga?s?f?s??dia??t? - 5 V08 STATION NAME 7 menswear-re DATE 163/1 X71 I Authorizing Signature Date - Reason Evidence of proper supervision has not been demonstrated by the station ownerlmanager (failed to appear at Department hearing). Evidence of proper supervision of inspection activities has not been demonstrated by the station ownerlmanager. OwnerlManager not present at the time of the violation(s); no other supervsion provided. OwneriManager unable to establish if sepervisicn was provided at the time of the violation(s). - The station ownerfmanager committed the violation(s). The station ownerlmanager participated in the violation(s) The station ownerimanager had knowledge of the violation(s). The station ownerimanager is responsible for proper inspection record keeping. Evidence does not indicate owner/manager reviewed inspection records that would have indicated a violation(s) occurred. The evidence indicates that the station ownerlmanager should have had knowledge of the violation(s). - . The mechanic who committed the violation(s) had unspervised access to certi?cates of inspection The mechanic who committed the violation(s) was in charge of the inspection activities at the time the violation(s) occurred. The station ownerfmanager is responsible for ensuring that all personnel are properly certified to perform inspections. The station ownerlmanager is responsible for reporting changes affecting the station or discontinuance of business. Other (specify): per 2-01 v2.0 Of?cial Emissions Inspection no we Station Investigation Report Station Name Foreign Cars at York 01s Number Street Address 239 East Philadelphia St County York City and Zip Code York Phone Number 717-345-8757 ?Stair-"m Miles Driven: Start: Travel Time: Start: AuditTime: End: End: End: Type of Report Cl Appointment CI Cancellation El Roappointment Ct Suspension g?ecord Audit Investigation in Other Faulty Inspi Frauduaint record keeping Sticker Reconciliation Previous Balance: I um 1 Stickers Issued: Stickers Voided: . Received: Stickers Missing: Stickers Stolen: Total to Audit: a Stickers Destroyed: Stickers Used: Last Sticker Audited: qm_ . Sticker Balance: Stickers on Site: Stattiti?g. Ending-Nmnber- .. - Violaticms Indicated: El Administrative xRecord Vehicle Related Other - Comments: On a 2000 Olds Bravado. VIN 1GHDT13WOY2295027 Failed the emissions for code p1404. The vehicle then passed on 512/13 when it was indicated that the DLC could not be located and the vehicle was issued lM33394914 by inspector - Inspector related at this time that he remembers the vehlcle came in and failed. He replaced the EGR valve and gave the car to his customer to get the codes ready. When the customer returned he inspected the vehicle again and plugged it in. The vehicle kept failing to communicate and he wasn?t sure what to do and he hit continue. He thought that was okay as he was given the option. He doesn't believe he has ever used that before and wasn't sure how to continue. That was a while ago and he is not sure right now exactly what happened. This was a very dumb mistake as he never does anything like this because it is not worth it. He knows that nothan like this will ever happen again. Copy of the work order showing 991? valve replaced and VlR's attached. ?awsw ?ared?? MIN .4 zest/444.. Date: I Date: [?843 . of Kw to scour sees en es lished procedures and is true and correct to the best ofmy lutesvledge, . infomlation, and belief. this Verification is made subject to the penalties of 18 secs. 554904, relating to mom falsi?cation to authorities. par 10-04A Inspection Station Interview Report v1.1012'14m9 Station Owner/Station Authority Questionnaire Station Name Adanes CityIZip joisiaa 013 Number County Phone .Zi??iwfh?slahla M. Ii?f??tl?f? rain-.. York. . ?ili?l?i?'??n?Hm . i3 against; . ions are Yes No 2. If the station owner/manager is not present, who is in charge in their absence? [El Name: 3. Was the station owner/manager or their regular designee present at the time of the alleged violations? Yes No Tilers you aware that the actions being taken may have constituted a Violation of the inspection Yes No regulations? 5.1f you were aware that the action being taken may have constituted a violation, why did you proceed? 6. Was the station owner/manager or designee aware that the alleged violations were occurring? 7. Ifthe station owner/manager or designee was aware that the alleged violations were occuring, to occur? Ha we not aware that itwes a violation Yes No why did they allow them 8. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. I Yes No He was the technician 9. Were any policies or procedures in place that would have prevented the alleged violations? Explain. LEI Yes No 10. What steps, if any, will be taken to prevent this from occuring in the future? Pay there attention and cell the hotline. Now he kntm?s notte use the bypass olthe communicating. Station Representative Signature: Lliave teviewed this gugt? Date: considers whether or not to imposo penalties. 4' A ffx} Repres Date: 7 B. 6i1932013 i Iherby verify that tied in accordance with the established procedures and is true and comet to the best ofmy kuo infometion and brief. This veri?cation is made subject to the penalties of 18 554904, relating to umwom falsi?cation to authorities dz pi site"s? I 7 PET 10-0413 Inspection Station Interview Report v1.2 03:19:10 Vehicle Inspection Questionnaire Station Name . W- OISNumher Address Street W. County Istk_ City/Zip . Phone - Interviewed: Station Authority - Technician 1. Why was a sticker issued when no inspection had been condo?ates] by a certi?ed inspector? 2. Explain the detects found during the re?inspection of the vehicle and ilOW'tlle failing items were missed NIA during your initial inspection. 3. Were all required measurements taken (brakes, tires, balljoints)? If no, esplain. Yes No NA 4. Explain the differencqs) in the readings taken during the initial inspection vs. the re-inspeetion. 5.Explain how you exceeded the number of inspections permitted per hour while doing a complete and MA proper inspection. 6. How did you make the determination regarding reqoired repairs? WA 7. Why did you perform repairs on the vehicle(s) without owner authorization? 8. Why was the DLC accessible/able to on the initial test, but not the only) El MA iic did plug the vehicle in. It failed to communicate. He did not intentionally use unable to locate code. He doesn?t believe he has ever done this before. Always repairs the vehicle. 9. Why do the mileage readings recorded during the emission inspection and safety inspection differ? MA 10. Considering the oustoniefs county or vehicle model year, why were incorrect TIM tests performed? NIA 11. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. Yes Dimer was the technician No Station Representative Signature: i Have reviewed this Date: 4/ 7% 3 Date: 6(19!2013 compiled in full accordance with the established procedures and is true and correct to the best ofmy km [81 infomation and brief. This veri?cation is made subject to the penalties ofls 33.0.5. $34904, relating to unswom falsi?cation to authorities per 20-040 Inspection Station Interview Report v1.2 03mm Recordkeeping Questionnaire Station Name ?gsisu?sasii?ed 015 Number Address County ream- . City/Zip a Phone (33345-3753 Interviewed: Station Authority Technician Name: I. Who completed the records in question? He did. 2. How was vehicle ownership/histamine veri?ed? 3. Why are records not available as required? 4. Are work orders available to rebuild missing or incomplete records? If no, explain. I: Yes No 5.Why aren't work ordersNiRs provided to customers? 6. Why don't work orders contain brake/tire readings? 7. Was previous counseling done regarding reoordkeeping? If yes, explain. [3 Yes IE No 8. Did actions by the station owner/manager or designee contribute to the alleged violation? Explain. Yes Owner was the technician No Station Representative Signature: y?e HM this a Date: censiders whether or not to impose peoaitics. 4 [ff/1:5 Date: ensizora i herhy verify that to onnatlon set forth herein was compiled in full accordance with the established procedures and is true and correct to the best ofmy know; I infonnaizon and brief. This veri?cation is made subject to the penalties of 3% Fees. ?4904, relating to unswom falsi?cation to authorities iM 0A0 OIS BV08 Foreign Cars of York DLC Cheating 13:09:03 3 05/032013 11:49:50a 2000 ows BRAVADA 123421 I QAo?a. OIS BVOB - Foreign Cars of York DLC Cheating raw :33. I 1GHDT13WUY2295027 JGT5635 04/30/2013 13:01:37a ms IGHDT13WOY2295027 1613635 05/02/2013 11:32:25.3 HERE OIS BVOB - Foreign Cars of York DLC Cheating . P1404 Exhaust Gas Recirculation (EGR) Closed Position Perfonnance I I I I I I Fm FOQEIGN CAFES YQRK 245 E. Philadelphia Sheet York, W403 7?1 $345375? TI 7-6158852 ADDRESS 'Ex?ambma 33; yam?am Wham?? 1W5 55>? L5 sow av $45.59 9.00 CHARGE div-?037 25523579DESCRIPTION PRICE AMOUNT 23F (amt VW. 37w [af' oz} .W I ?2 (L TOTAL I: Ni Ei??m?i . IGHDTI COMMONWEALTH OF VEHICLE EMISSIONS INSPECTION REPOR Test Date?l?imc: MBOIZUIS - Titio: 5748742480 VEHICLE INFORMATION Year: 2800 Make: OLDSMOBELE - Model: BRAVMM VIN: A Engine Size: I 4.300 Cylinders: - 6 Odometer: 128400 I varz: - 5350 Estimated Test Liecnse: JGT5635 Inspection Typo: iNinAL Weight: 0 County: YORK ReCOrd Number: 001812 EMISSIONS CONTROL SYSTEMS Air ioj. NA Catalytic Common NA FuciC?p Integrity: PASS EGR System: NA . mammoth-o Conlroi Sysiom: NA PCV System: NA . Fuel iniet Rostrictor: NA I- I won hummus? man'sz i Ran.- MIL BULB K0130: PASS 039 FAULT CODE RESULT: FAIL MIL BULB KOER: Pass OBD READINESS RESULT: PASS MIL COMMAND FAIL OED-UM CHECK RESULT: FAIL P1434 Only the ?rst ?ve wilt Print check the OBI) for additional OVERALL TEST RESULTS: FAILED Emissions Controi Systems Visooiliiunctional inspection: PASSED OBD Emissions FAILED TIN: RETAIN THIS DOCUMENT FOR USE ON IRE-INSPECTION. RETURN THE VEHICLE TO THE SAME WITHIN THIRTY (30} DAYS FOR ONE (1) FREE RETEST This vehicle has failed the emissions impaction. REPAIRS SHOULD BE 1"!!an T0 EITHER PASS REJNSPECTION OR QUALIFY FOR A WAIVER. emissions minted {epaits perfumed mus! be decommth by the inspection station. This log ogrlign report, ghe Emissiogs Remind lgcpair Dgta form, and copies of tho regair rcg?ipts mug: be made available to the insgec?gp stagion at {he {me of in order for a vehicie to receive a the following must be mi. 1. REFAIR WORK MUST BE APPROVED BY A CERTIFIED REPAIR TECHNICIAN OR OTHER COMMONWEALTH APPROVED INSPECTOR. . Emissions related repair expenditures must have been at least 150 08 . Copies of the rep air receipts for emissions related repairs must be provided to me inspection station. . Repairs were perfonned no earlier than 60 days prior to the initial inspection. . Repairs must be and related to the cause of l?aiiurc. Mu.wa Vehicle ?tested in accordance with Pa. Code Title 67, Chapter 177 EMISSIONS INSPECTION STATION BVOS :Nsmacros NAME: GALO A. ALVAREZ NAME: Foreign Cars Of York ADDRESS: 239?245 East Philadelphia Street York, PA 17493 PHONE: EQUIPMENT s: 52019543 SOFTWARE VERSION: no: VEHKELE EMISSIONS For additions: information. please comaci the Gamma Hotlina a! (809} 265 43921. inspector's Signamza: PET 2-0'1 v2.0 Of?cial Emissions Inspection 12/11/06 Station Investigation Report Station Name Foreign Cars of York 013 Number BV08 Street Address 239 East Philadelphia St county York City and Zip Code York Phone Number 71 7-845-8757 Start: Miles Driven: Start: Travel Time: Start: Audit Time: End: End: End: Type of Report Appointment 1:1 Cancellation El Reappointment CI Suspension xRecord Audit CI Investigation :1 Other Faulty Insp/ Fraudualnt record keeping Sticker Reconciliation Previous Balance: Stickers Issued: Stickers Voided: Received: Stickers Missing: Stickers Stolen: Total to Audit: Stickers Destroyed: Stickers Used: Last Sticker Audited: Sticker Balance: Stickers on Site: Violations Indicated: Administrative xRecord Vehicle Related Other Comments: On 4I30l13 a 2000 Olds Bravada, VIN 16HDT13WOY2295027 Failed the emissions for code p1404. The vehicle then passed on 5/2/13 when it was indicated that the DLC could not be located and the vehicle was issued IM33394914 by inspector? Inspector related at this time that he remembers the vehicle came in and failed. He replaced the EGR valve and gave the car to his customer to get the codes ready. When the customer returned he inspected the vehicle again and plugged it in. The vehicle kept failing to communicate and he wasn?t sure what to do and he hit continue. He thought that was okay as he was given the option. He doesn?t believe he has ever used that . before and wasn?t sure how to continue. That was a while ago and he is not sure right now exactly what happened. This was a very dumb mistake as he never does anything like this because it is not worth it. He knows that nothing like this will ever happen again. Copy of the work order showing egr valve replaced and attached. 1415 Vista Maw x; Ian/44?. Station Representativ Date: Z/fg lDept. Representative: Date: i I hereby verify that the informatio ablished procedures and is true and correct to the best of my knowledge, - ,3 information, and belief. This veri?cation is made subject to the penalties of 18 534904, relating to unswom falsi?cation to authorities. I i "per mat Inspection Station Interview Report Station Owner/Station Authority Questionnaire Station Name Foreign Cars of York v1.1 0Ul4r?09 018 Number BVOS (717) 845-8757 Address 3335-237 County City/Zip York, PA 17403 Phone Interviewed: Owner 1:1 Station Authority Name - ?rst?gm szreefm I 1. Is the station owner/manager normally present when inspections are being conducted? Yes No 2. If the station owner/manager is not present, who is in charge in their absence? Name: 3. Was the station owner/manager or their regular designee present at the time of the alleged violations? Yes No .4. Were you aware that the actions being taken may have constituted a violation of the inspection Yes [Xi No regulations? you were aware that the action being taken may have constituted a violation, why did you proceed? 6. Was the station owner/manager or designee aware that the alleged violations were occurring? Yes I: No to occur? He was not aware that itwae aviolation 7. If the station owner/manager or designee was aware that the alleged violations were occuring, why did they allow them 8. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. He was the technician Yes No 9. Were any policies or procedures in place that would have prevented the alleged violations? Explain. Yes No 10. What steps, if any, will be taken to prevent this from occuring in the future? Pay more attention and call the hotline. Now he knows not to use the bypass of the communicating. Station Representative Signature: I Have reviewed this uesti considers whether or not to impase penalties. Date: Repres B. Date: 6l19!2013 I herby verify the information and brief. This veri?cation is made subject to the penalties of 13 554904, relating to unswom falsi?cation to authorities iled in full accordance with the established procedures and is true and correct to the best of my knoxzie?kg/ lM 75W mar 10-043 Inspection Station Interview Report v1.2 03:19:10 Vehicle Inspection Questionnaire Station Name Foreign Cars onork 018 Number BV08 Address 235-237 Phildelphia Street County fork City/Zip York, PA 17403 . Phone (717) 345-3757 Name Interviewed: Station Authority Technician 1. Why was a sticker 1ssued when no inspection had been conducted by a certi?ed inspector? 2. Explain the defects found during the re?inspection of the vehicle and how the failing items were missed during your initial inspection. 3. Were all required measurements taken (brakes, tires, ball joints)? If no, explain. Yes I: No 4. Explain the difference(s) in the readings taken during the initial inspection vs. the re?inspection. 5.Explain how you exceeded the number of inspections permitted per hour while doing a complete and proper inspection. 6(How did you make the determination regarding required repairs? 7. Why did you perform repairs on the vehicle(s) without owner authorization? 8. Why was the DLC accessible/able to communicate on the initial test, but not the retest? (UM only) him He did plug the vehicle in. It failed to communicate. He did not intentionally use unable to locate code. He doesn?t believe he has ever done this before. Always repairs the vehicle. Why do the mileage readings recorded during the emission inspection and safety inspection differ? 10. Considering the customer's county or vehicle model year, why were incorrect tests performed? 11. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. Yes Owner was the technician No Date: 7/ 3? Date: 6l19f2013 I I . compiled in accordance with the established procedures and is true and correct to the best ofmy kno? led information and - . a - - I ct to the penalties of 18 5549011, relating to unswom falsi?cation to authorities this per more Inspection Station Interview Report v1.2 03719710 Recordkceping Questionnaire Station Name Foreign Cars of York 013 Number BVGB Address 235-237 Phildelphia Street County York City/Zip York, PA 17403 Phone (717) 345-8757 nterviewcd: Station Authority Technician Name: .. . 1. Who completed the records in question? He 2. How was vehicle ownership/insurance veri?ed? 3. Why are records not available as required? 4. Are work orders available to rebuild missing or incomplete records? if no, explain. [3 Yes I: No 5.Why aren't work orders/V IRS provided to customers? . 6. Why don?t work orders contain brake/tire readings? 7. Was previous counseling done regarding recordkeeping? If yes, explain. I: Yes No El 8. Did actions. by the station owner/manager or designee contribute to the alleged violation? Explain. Yes Owner was the technician No Station Representative Signature: [Have reviewed this :1 Date: considers whether or not to impose penalties. . 4 Represe Date: B. 6t19f2013 I herby verify that In onnatlon set ort rereln was compiled in full accordance with the established procedures and is true and correct to the best of my know (i 9/ information and brief. This veri?cation is made subject to the penalties of 18 $54904, relating to unswom faisi?cation to authorities IM (9 QAOB. OIS BVOS Foreign Cars of York DLC Cheating 128421 330212013 11:49:50a I 2000 ows BRAVADA OIS BVOS - Foreign Cars of York DLC Cheating ggiB?AuII-?v I. 5m. - 43BV03 1GHDT13WOY2295027 3613635 BVOB 1GHDT13WOY2295027 36713635 05/02/2013 - I FOREIGN CARS 0F YORK 05/02/2013 11:32:25 a l' GAO o. OIS BV08 - Foreign Cars of York DLC Cheating we; . *W'ej we. - we - . .?u?fiiaixmm: 1 1 P1404 Exhaust Gas Recirculation (EGR) Closed Position Performance I I I I FOREIGN CARS 0F YORK 245 E. Philadelphia Street York, 17403 717-845-8757 717-815-8052 ADDRESS PH. somay. 84935330. mi}? wv QTY. Pmce AMOUNT 'I?fsza'ss? Mac/?e e74 mm 9700 Lam?) {Swo TAX a {7.x RECEIVED-BY TOTAL ??i?f?ogfi PRINTED 0.53. 9w . VIN: vaiit??i?iiliis?i?ai?i Sii?i?if?i?i?ii?m - TestDateITime: 0480:2013 a} 13:01 Title: 5:243742430 VEHICLE INFORMATION . Year: 2000 . Make: - -Model: BRAVADA VIN: IGHDTI 3WOY2295027 Engine Size: 4.300 Cylinders: 6 Odometer: 128400 .- - GVWR: - 5350 Estimated Test License: JGT5635 - InSpection Type: INITIAL Weight: 0 County: YORK Record Number: 00 812 EMISSION-S CONTROL SYSTEMS VISUAUFUNCTIONAL INSPECTION . Air irtj. System: i Catalytic Converter: I NA FueI Cap Integrity: PASS EGR System: NA Evaporative Control System: NA PCV System: NA - . Fuel Inlet Restrictor: NA but.) Lustlootuwb ?sorta, HUN MIL BULB PASS OBD FAULT CODE RESULT: FAIL MIL BULB KOER: PASS OBD READINESS RESULT: PASS MIL COMMAND STATUS: FAIL OBD-UM CHECK RESULT: FAIL P1404 Oral}F the ?rst five will Print check the OBD for additional DTCIs) OVERALL TEST RESULTS: FAILED Emissions Control Systems Visual/Functional Inspection: PASSED OBD Emissions lnspeCtion: FAILED TIN: RETAIN THIS DOCUMENT FOR USE ON REJNSPECTION. RETURN THE VEHICLE TOTHE SAME STATION WITHIN THIRTY (30) DAYS FOR ONE (1) FREE RETEST. This vehicle has failed the emissions itiSpection. REPAIRS SHOULD BE MADE TO EITHER PASS RE-INSPECFION 0R QUALIFY FOR A WAIVER. All emissions related repairs performed must be documented by the inspection station. This inspection report. the Emissions Related Renair Data form. and eonies ofthe repair receints must he made available to the inspection station at the time of re-insgection. In order for a vehicle to receive a the following requirements must be met. I. REPAIR WORK MUST BE APPROVED BY A CERTIFIED REPAIR TECHNICIAN OR 0TH ER APPROVED INSPECTOR. 2. Emissions related repair expenditures must have been at least 150.00 3. Copies of the repair receipts for emissions related repairs must be provided to the inspection station. 4. Repairs were perforated no earlier than 60 day-s prior to the initial inspection. 5. Repairs must be appropriate and related to the cause of failure. Vehicle tested in accordance with Pa. Code Title 67, Chapter 177 EMISSIONS INSPECTION STATION STATION #1 BVOS INSPECTOR NAME: GALO A. ALVAREZ STATION NAME: Foreign Cars Of York ADDRESS: 239-245 East Philadelphia Street York. PA PHONE: 7 I 845-3?57 EQUIPMENT 152019643 SOFTWARE VERSION: VEHICLE EMISSIONS INSPECTION QUESTIONS: For additional information. please contact the Customer Hotline at (800) 265-092]. - Inspector's Signature: <35sz DEPARTMENT OF TRANSPORTATION Gale A. Alvarez (Oper. Foreign Cars of York 245 Philadelphia Street York, PA 17403 Dear Sir: The report(s) of June 19, 2013, received from the Quality Assurance Officer indicates violation(s) of: . Furnish, lend, give, sell or receive a certi?cate of inspection without inspection and fraudulent record keeping including the lesser offenses of improper recored kee in and careless record keeping (On May 2, 2013 inspector Galo Alvarez Operator? passed a 2000 Oldsmobile Bravada VIN and issued emission inspection sticker 1M3 33 94914 by entering into the analyzer that the DLC could not be located) . As a result of the above mentioned report(s), a Departmental hearing has been scheduled. The attached memo from the Safety and Emissions Team indicates the date, time and location of the hearing. Failure to appear at the appointed time will be considered a waiver of your right to a hearing, and thus, a determination as to whether or not to suspend your Emission inspection Station Certi?cate of Appointment and/or Emission Inspector Certi?cation will be made in your absence. in cases where the certi?cate appointee was not present at the station at the time of the violation, but had placed a manager or supervisor in charge of the operation of the station, it is important that the manager or supervisor appear at the Departmental hearing. ALL HEARING ATTENDEES SHOULD BRING THEIR LICENSE MECHANIC CARD TO THE HEARING. if you have any questions, please contact the Vehicle Inspection Division, P. O. Box 68697, Harrisburg, PA 17106-8697, or telephone (717) 787-2895. Sincerely, ?akif?tr add/deem Anita M. Wasko, Director Bureau of Motor Vehicles Vehicte inspection Division 1 1101 S. Front Street I Harrisburg, PA 17104 717-787?2895 0.135 #6 V0 5? 1 (1-97) COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION Station Name Foreign Cars of York Hearing Datefrime October 14, 2013 9:30 A.M. Station is a5. co oration partnership,_ individual 1?13 . . . Hearing Type: Safety Emissions Station Authority Gale Alberto Alvarez I Mechanic (Put none, if fails to ap ear (If mechanic hearing oniy) Address Hearing Examiner: Gail (Please Print) City/State/zip . Insp. Station Sup. 31111811011 Date of Violation 6/19/13 Present for the hearing: (If those required fail to appear, state so after name) Bill QAO Pet Name Title (For Whom Testifying) Galo Alberto Alvarez Station Authorityrrechnician Station Name Title (For Whom Testifying) Name 1 Tide (For Whom Testifying) Name Title - (For Whom Testifying) TO BE COMPLETED BY CENTRAL OFFICE ONLY--DO NOT WRITE IN THIS SPACE Final Department Action: No Action Impose a Sanction Type of Violation(s) by Station: Sanction(s): CONCURRENT CONSECUTIVE TOTAL Violation(s) by Mechanic: I Sanction(s): CONCURRENT CONSECUTIVE TOTAL SANCTIOMS) DEPARTMENT AUTHORITY: a DATE: (Signature) BVOS NOTE: READ THIS STATEMENT TO THOSE IN ATTENDANCE BEFORE PROCEEDING. This hearing is an informal Departmental hearing, which we are conducting pursuant to Departmental regulations, 67 Pa. Code Section 175.5 1 as a result of alleged violations of the Department's inSpection regulations. This hearing is not an administrative proceeding subject to the Administrative Code. These proceedings may not be transcribed. Strict rules of evidence do not apply, and all relevant evidence will be considered. Therefore, objections will not be heard. The State Trooper or Garage Inspector will present his evidence ?rst. Then, the station owner and/or the manager and the mechanic may present evidence. Next, I will ask questions of the trooper, the mechanic, the manager and/or the station owner. We have allotted __one half-hour] 45 Minutes/ one how! two hours for this hearing; so, please be brief QAO Bill read into the report dated 6/19/ 13. TESTIMONY: Galc Alberton Alv?!? I feel sony about what happened and I will try to not make a mistake like this again. I always try to do the things the correct way and if there is anything I can do to improve my record keeping I would be more than happy to take any class of training for that. I am sorry. I have never faced anything like this before, this is the ?rst time anything like this has happened. 013:: BV03 STATION OWNER OR TESTIMONY: MITIGATING EVENTS. IF ANY: COMMONWEALTH RESPONSE TO MITIGATING EVENTS. IF ANY: BVOS INFORMATION FROM OWNER (IF OWNER IS DIFFERENT PERSON THAN MECHANIC) SIGNEE: Gale Alberto Alvarez I. Are you normally present at the business when inspections are being performed? If not, do you designate someone to act in your place and if so who? Yes. 2. Were you present at the time of these alleged violations? If not, was anyone designated to be in charge 9 and if so, who? Ownerfl?ech 3. Did you or your designee know that the actions taken by the mechanic may have constituted a violation of the inspection regulations? Ownern?ech 4. Were you or your designee aware that the alleged Violations were occurring and if so, why did you allow them to occur? N0- 5. Did you have any policies or procedures in place at the time of the alleged violations that should have prevented this from occurring, and if so what were they? NO. 6. What steps, if any, have been taken to prevent an incident like this from occurring in the future? Be more care?il with inspections, make sure my equipment is in good condition. BVDS INFORMATION FROM NIECHANIC (IF MECHANIC IS DIFFERENT PERSON THAN OWNER) MECHANIC NAME 1. Is the owner normally present at the business when inspections are performed? It not, does he designate someone to act in his place and if so who? 2. Was the owner or his regular designee present at the time of these alleged violations? If not, was anyone designated to be in charge, and if so who? - 3. Did you know that the actions you were taking as a mechanic may have constituted a violation of the inspection regulations? If so, why did you proceed? 4. Was the owner, manager or designee aware that the alleged violations were occurring and if so, why did they allow them to occur? 5. Did the instructions given by the owner or his designee contribute to the alleged violations? If so what were the instructions? 6. Were any business policies or procedures in place at the time of the alleged violations? Would these policies or procedures have prevented this alleged violation? If so what were they? 7. What steps, if any, have been taken to prevent this from occurring in the future? BVOS HEARING FINDING OF FACTS: The following item listed on the PennD OT Hearing Letter was covered: Furnish, lend, give, sell or receive a certi?cate of inspection without inspection and ?audulent record keeping including the lesser offenses of improper record keeping and careless record keeping (On May 2, 2013 inspector Gale alvarez Operator .iassed a 2000 Oldsmobile Bravada VIN and issued emission inspection sticker IM 333 94914 by entering into the analyzer that the DLC could not be located). I Inspector Gale Alvarez OL?gstated to this hearings examiner that after the initial test on 4/30/13 when the 2000 Oldsmobile Bravada failed with code P1404 See Attachment A?l) he replaced the EGR Valve (See Attachment A-2). He stated that after he replaced the EGR Valve he cleared the codes, and the customer then drove the vehicle to set the monitors that were not set. He stated that the customer did not want to pay the garage to perform drive cycles to set the monitors. Inspector Alvarez stated that at the time of the second test on 5/2/13 he did not know if the monitors were set or not. He stated that he hooked the vehicle up to the analyzer and it did not communicate. He stated he did not trouble shoot the vehicle as to why it was not communicating. He stated that he did not have a vehicle before that did not communicate so he did not know what to do, he was con?Jsed, so he proceeded to continue without communications and Chose (C) Cannot Locate because he did not know what else to do. He stated he did not call the hot line because at the time he did not think of it. This hearings examiner advised InSpector Alvarez not to pass any vehicles with no communication without authorization from the hot line, and he should check #16 pin for power and 4 5 for proper grounds prior to calling. He was also advised not to clear codes after repairs are made, as this causes readiness. Inspector Alvarez was advised that if he had not cleared the codes and the vehicle was tested a second time with a code, and $150.00 towards emission related repairs were made, which they were on this vehicle it would have quali?ed for a waiver. Attachment A-I Information obtained from the VIID for tests of 2000 Oldsmobile Bravada VIN -1GHDT13WOY2295027 at 018 it BVOS Foreign Cars of York by Inspector Alvarez) Attachment A-2 Invoice 010234 dated 4/3 0/13) HEARING SIGNATURE: DATE: 10/14/13 52:28:? 529519: 1 .. 010 Wok JO 3133 11529.!th SCAG SIO OBS BVOS - Foreign Cats of York 01.0 Cheating -.- .-- . u: . cam?:- $.45 Ii . 09:08 3 0510212013 11:49:50 a 0A0 a. ms avoa Foreign Cars of York DLC Cheating - . 1'1; .- . ?MaP1404 - Exhaust Gas Recirculation (EGR) Closed PositionIPerformeoe I I FOREIGN CARS OF YORK 245 E. Mladalphla Straat York, 17403 717-8453?57 717-815-8052 NAME 5V2. ADDRESS sow .0. I at: 5504 may?. PRIC AMOUNT ?Ts-ms? vm 87 ?Id RECEIVED ALL AND RETURNED GOODS 8 MUST BE ACCOMPANIED BY THIS BILL. PRINTED 0.51; . . September 12, 2013 Certified Mail 7012 1010 0002 7790 5112 Subject: Departmental Hearing To Galo A. Alvarez Foreign Cars of York 245 E. Philadelphia Street York, PA 17403 From Gail Koch A Departmental hearing has been scheduled for October 14, 2013 9:30 AM. The hearing will be held at: Emissions Team 5340 Jaycee Avenue Suite Harrisburg, PA 17112 (717-565-7500 At the time of the hearing, you may present the testimony of any witnesses having information pertinent to the violation (5) in question. If you prefer to have a hearing with an official from please call (717) 565-7500 at least 3 business days prior to the hearing date above to request your hearing be rescheduled with a representative. Once your request has been made, will notify you of the new date, time, and location of your hearing. Directions From 81 North Take the Paxtonia (US-22) Exit Road Forks, keep right Allentown 22W. Continue on Jonestown Turn right on Jaycee Avenue, tan stone building on the left Suite E. From 81 South Take PaxtonialLinglestown Exit #72 Ramp forks, keep left to Pax?tonia, turn left on N. Mountain Road, road forks, keep right Allentown continue on Jonestown turn right on Jaycee Avenue, tan ?stone building on the left Suite E. PET 5-01 979 East Park Drive, Harrisburg, PA 17111 v1.1 01/30/04