DEPARTM ENT OF TRANSPORTATION August 12, 2014 Shane Eaton 83 Automotive Center 5208 N. Susquehanna Trail York, PA 17406 ORDER OF 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, and $2,500.00 dollar ?ne for fraudulent record keeping including the lesser offenses of improper record keeping, careless record keeping, and three months (3) for inspection by an uncerti?ed inspector on a (l 999 BMW sticker IM3-2926198 by Shane Easton Operator . The suspension(s) will run consecutively, for a total suspension of ?fteen months (15) and 2,500.00 fine. 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 Certificate(s) of Appointment, all emission inspection stickers and other related emission items. Your emission 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 qualified for reappointment. You have the right to appeal this Departmental Order of Suspension 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 file 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, must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Department of Transportation, Chief Counsel?s Of?ce, Riverfront Office Center, 1 101 Front Street, 3rd Floor, and Harrisburg, PA 17104-2416. MAILING ADDRESS: Sincerely, Department of Transportation Chief Counsel?s Of?ce Riverfront Of?ce Center 10! S. Front Street, 3rd Floor mm M. Wasko, Director Harrisburg, PA 171042416 Bureau of Motor Vehicles Vehicle Inspections I 1101 S. Front Street Harrisburg, PA 17104 717-787?2895 35v {30-01;} pen DEPARTMENT OF TRANSPORTATION a: era-.6 at .pa . a MAIL DATE: Jul 28, 2014 Shane Eaton RE: Oprah 83 Automotive Center 5208 N. Susquehanna Trail York, PA 17406 Dear Inspector: As a result of the Departmental hearing held on June 9, 2014, you are hereby noti?ed that your right to apply for certi?cation as an Of?cial Emission Inspector to inspect vehicles is suspended for three (3) months, and a $100.00 dollar ?ne effective August 28, 2014. This action is taken as a result of the following violation(s): Inspection by an uncerti?ed inspeCtor on a (1999 BMW 323LVIN WBAAM3334XCD55956, sticker by Shane Easton Operator At the expiration of your suspension, you may apply for certi?cation. 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 Departrnent of Transportation, Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 171069003. You have the right to appeal this Departmental Order of Suspension to the COurt of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE MAIL 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: I Sincerely, Department of Transportation Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor I Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1101 S. Front Street I Harrisburg, PA 17104 I 71?-787?2895 DEPARTMENT OF TRANSPORTATION Vehicle Inspection Division P. O. Box 69003 Harrisburg PA 17106?9003 Phone: (717) - MECHANIC CERTIFIED MAIL: 7004 25 i0 000] 4167 9920 MAIL DATE: July?28, 2014 Lonnie (83 Automotive Center NOTICE OF INTENT TO SUSPEND OFFICAL EMISSION INSPECTOR You are hereby noti?ed that 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 lesser offenses of improper record keeping, careless record keeping on a (1999 BMW WBAAM3334XCD55956, sticker lM3-2926198. The suspension(s) is to run consecutively for a total suspension of one year. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. Credit for your suspension term will not begin until your certification card is surrendered to the Department. You may contact your Quality Assurance Of?cer to surrender your certi?cation card or you may mail your certi?cation card to the Vehicle Inspection Division, Post Of?ce Box 69003, Harrishur PA 17106-9003. 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 Pa rt 11 (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 17120-0096. A copy of this letter shall accompany the request. Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles 05-2 (10?08} DEPARTMENT OF TRANSPORTATION mew. clot . sratepa .us Shane Eaton 83 Automotive Center 5208 N. Susquehanna Trail York, PA 17406 Dear Sir: The report(s) of June I4, 2013, received from the Quality Assurance Of?cer indicates violation(s) of: - Furnish, lend, give, sell or receive a certi?cate of emission inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keeping and iHSpection by an uncerti?ed inspector (1999 BMW 3231 6, sticker DAB-2926198) by Lonnie C. Markle, Oper? 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 SHOULD BRING THEIR LICENSE MECHANIC CERTIFICATION 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, Anita M. Wasko, Director Bureau of Motor Vehicles Vehicle Inspection Division 1101 S. Front Street I Harrisburg, PA 17104 I 717-787?2895 cs ?2 {to-ea) pen 3 DEPARTMENT OF TRANSPORTATION vast-racial.statepanls Shane Eaton RE: Oper 5208 N. Susquehanna Trail York, PA 17406 (83 Automotive Center LLC.- Dear Sir: The report(s) of June 14, 2013 received from the Quality Assurance Of?cer indicates violation(s) of: Inspection by an uncerti?ed inspector (l999 BMW 3231, VIN sticker lM3-2926198). 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, 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 ANDIOR MECHANIC CERTIFICATION 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, Anita M. Wasko, Director Bureau of Motor Vehicles Vehicle Inspection Division I 1101 S. Front Street Harrisburg, PA 17104 ?17-787~2895 {is - g! Iii-08} DEPARTMENT OF TRANSPORTATION Lonnie C. RE: Oper - utomotive Center LLC.- Dear Sir: The report(s) of June 14, 2013 received from the Quality Assurance Of?cer indicates violation(s) of: Furnish, lend, give, sell or receive a certi?cate of emission inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keeping (1999 BMW 3231, VIN sticker 1M3- 2926198) As a result of the above mentioned 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 mechanic certi?cation will be made in your absence. - In cases where the Certificate 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 OPERATORS LICENSE MECHANIC CERTIFICATION 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, . as 0, Director Bureau of Motor Vehicles Vehicle Inspection Division I 1101 S. Front Street I Harrisburg, PA 17104 1 717-787-2895 1 COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION Station Name 83 Automotive Center LLC I Hearing Date-111 me June 9, 2014 9:00 Station is partnership.._ individual Hearing Type: Safety Emissions Station Authority Shane Robert Baton Mechanic as (Put none, if fails to appear (If mechanic hearing only) Address Hearing Examiner: Gail Koch - . (Please Print) Ci {State/21' i ty Insp. Station Sup? Fred Bowers Date of Violation 6f9f14 Present for the hearing: (If those required fail to appear, state so a?er name) Fred Bowers QAO Pot Name Title (For Whom Testifying} Shane Robert Easton LD. Cm Station Au?zorityfl?ecin?cian Station Name . Title (For Whom Testifying) Lonnie C. Markle Techm'cian Station Name Tide (For Whom Testifying) Name Title (For Whom Teeti?zfng) TO BE COMPLETED BY CENTRAL OFFICE 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: Sanction(s): CONCURRENT CONSECUTIVE TOTAL DEPARTMENT AUTHORITY: DATE: (Signature) (use NOTE: READ THIS STATEMENT TO THOSE IN ATTENDANCE BEFORE PROCEEDING. This hearing is an informal Deparnnental 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 Achninistrative Code. These proceedings may not he transcribed. Strict rules of evidence do not apply, and all relevant evidence will be considered. Therefore, objections will not he heard. The State Trooper or Garage Inspector will present his evidence ?rst. Then, the station owner andfor the manager and the mechanic may present evidence. Next, I will ask questions of the trooper, the mechanic, the manager andlor the station owner. We have allotted half-hour! L45 Minutes! __one hour} __two hours for this hearing; so, please be brief TRO OPERIS QAO Fred Bowers read into the reports dated 61141? 13. TESTIMONY: Lama?s c. Meme only thing 1 can say is that what is said on the hearing letter fumish, lead, give or sell I did not do either one of them. Our mechanics list hangs in our of?ce, and all they have to do is use my number from that list and they can get in the system. I did not do the emission inspection and Iwas off that day. Its been so long ago that it is hard to remember anything or go back sinceI was Off that 013 f; TATIO 0 ER MANAGE ?8 0R '8 0 Shane Robert Eaton-- Lonnie could not get it to communicate so I tried and help him. This is basically what happened." MITIGATING EVENTS. IF ANY: COMMONWEALTH RESPONSE TO MITIGATING EVENTS. IF ANY: DT57 INFORMATION FROM OWNER (IF OWE IS DIFFERENT PERSON THAN MECHANIC) OWNERMANAGERIDESIGNEE: Shane Ruben Baton - 1. Are you normally present at the business when inspectiOHs are being performed? If not, do you designate someone to act in your place and if so who? Yes. If I am not there Mike Hildebrand is there he is a tech his drivers license is suspended also. 2. Were you present at the time of these alleged violations? If not, was anyone designated to he in charge, and if so, who? YCS- 3. Did you or your designee know that the actions taken by the mechanic may have constituted a violation of the inspection regulations?N0. 4. Were you or your designee aware that the alleged violations were occurring and if so, why did you allow them to occur? No. 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? Any issues at all call the hot line. INFORMATION FROM MECHANIC (IF MECHANIC IS DIFFERENT PERSON THAN 0 mc?Amc NAME Lennie C. Marlde 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? Yes. When he is net more, either the other mechanic M?ce Hildebrand or myself is in charge. 2. Was the owner or his regular designee present at the time of these alleged violations? If not, was anyone designated to he in charge, and if so who? I guess he was there that day, i wasn't i was off. 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? I ?gured it was wrong in signing the sticker and not being present when the inspection took place. 4. Was the owner, manager or designee aware that the alleged violations were occurring and if so, why did they allow them to occur? I have no clue about that one. I was not there. 5. Did the instructions given by the owner or his designee contribute to the alleged violations? If so what were 1113 insnuctions? No he did not give me instructions I was off that day and have no clue what went on that day. 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? No. 7. What steps, if any, have been taken to prevent this from occurring in the future? I am not going to sign something if I am not the one who inspected the vehicle. If I don?t do the inspection and get the paper print out I are not signing nothing. HEARING FINDING OF FACTS: The following item listed on the Hearing Letter was covered: Furnish, lend, give, seli or receive a certi?cate of emission inspection without inspection and fraudulent record keeping including the lesser o??enscs of improper record keeping and careless record keeping and inspection by an uncertified inspector (1999 BMW 3231, VIN sticker M3-2926198) by Lonnie C. thismion Authority?nspector Shane Eaton 1.1). Card Emitters License is currently suspended since 1994)) stated to this hearings examiner that they had this vehicle at the station for weeks. He stated that this vehicle had many codes when they tested it with their scan tool. (No test on VIID with codes) (See Attachment A- 1) He stated that they replaced the mass air flow sensor, 02 sensor and other things that he can?t member. He stated after rqsairs were made to the vehicle they cleared the codes and drove the vehicle to set the monitors. He stated that after the monitors were set Lonnie tested the vehicle on 2/7/13 by Scanning his license and entering the information into the analyzer. He stated that Lonnie tested the vehicles gas cap but Shane Eaton plugged the OED II connector into the 1999 BMW and the vehicle would not communicate. Shane stated that when it would not communicate he was wiggling wires under the dash and plugging the OED connector in and out. When questioned by this hearings examiner if he checked anything on the vehicle to see why it was not commut?ca?ng Shane stated no. He stated white he was under the dash Lonnie said the screen came up do you want to proceed with no communications, Sh; said OK lets do it and then the machine asked for a sticker number and passed the vehicle. When questioned by this hearings examiner if Shane had taken part in other emission inspections in the past at his station and he stated that if were buSy he would scan Lonnie?s license, run the test and sign the sticker. He did not know that he was doing anything Wrong. This hearings examiner questioned Shane why he did not apply for his emission license in the past?? and he stated that he has had his drivers license suspended for quite some time. This hearings examiner questioned Shane why they didnot sail the hot line when the vehicle would not communicate and he stated that he would have called if the vehicle did not go through, but it asked for a sticker number, the vehicle passed and sticker -2926 193 was issued This hearings examiner asked Shane whose signature was on the emission sticker (See Attachment A-2) and he stated that he did not sign the sticker. When questioned whose signature was it on the VIR (See Attachment A-3) Shane stated that it was Lonnie's signature on the VIR. Shane was advised that only a certi?ed emission inspector can perform emission inspections, and he is to have nothing to do with emission inspections, and is not to use another inspectors certi?cation card or enter any information into the analyzer, and all vehicles must be tested as presented on the analyzer and not hooked up to a scan tool ?rst to determine the codes. Inspector Lonnie C. Markle OLNgtated to this hearings examiner that he was not present during the inspection of 2/7171 3 on the 1999 BMW VIN 6. He stated that he was off that day. Inspector Markle stated that his boss ShaneEaton performed the inspection and got his license number to enter into the analyzer from the mechanics list hanging in the oi?ce to do the test. HEARING SIGNATURE: Ga' DATE: 6/9/14 018:: HEARING FINDING 0F FACTS: - Page 2 - hispector Markle stated that at the time he was the only certi?ed emission inspector at the station so when he was off Shane Eaten used his license. When questioned by this hearings examiner if Shane Baton had performed emission inspections in the past with his license he was not at the station he stated he did not recall. Inspector Markie stated that the next day when he came back to work he signed the emission sticker and the VIR for the test on the 1999 BMW 3231, VIN WBAAM3334XCD55956. This heari_ngs examiner questioned inapector Markle if he was aware that only a certi?ed emission inspector could perform and emission inspection, and he stated yes he knew that but since it was the owner of the station who performed the inspection, and he has know him for years and trusted him he thought it would be ok. He also said he thought it was ok if someone else could do the inspection as long as he used his license to get into the analyzer, and as tong as he trusted that person. This hearings examiner advised inspector Markle that only a certi?ed emission inspector could perform emission inspections, and enter information into the analyzer. It was also his responsibility to keep his license information on his person 'at all times, and he was advised to black out his inspector number on the mechanics list that was posted in the of?ce. This head?ng?xaminer stated to inSpector Marlde that he was responsible for any inspection that had his name on the sticker, 0r signature on the VIR. Inspector Madde did not sign the emission sticker however, he initialed it with LCM, so was arias; in the future both the sticker and VIR must be signed, not initialed with his name, and if he signs a sticker or VIR he must he the inspector who performed the inspection. Attachment A-l (Information obtained from the for test performed on 217/ 13 fo: the 1999 BMW 3231 VIN it at 018 it 83 Automotive Center LLC) Attachment A-2 (Emission Sticker #11343-2926198 a?ixed to 1999 BMW VIN WBAAMSBS 4XCD5595 6) Attachment VIR for test performed on 217/ 13 on 1999 BMW ii WBAAM3334XCDS 5956) HEARING SIGNATUREG DATE: 61W 14 015 1- Emission Overall Test och ID VIN Plate Test Date Sticker Reason Rm? It WBMM3334XCD55956 J95015J 02/07/2013 IM32926198 Emissions Inspectfon U546 WBAAM3334XCD55956 HGX9270 07/06/2013 IM36288363 Emissions Insnectlon vad' Station Name PAS ID mil bulb koeo mil bulb koer Start Date End Date Year Make Model Odometer 83 AUTOMOTIVE SE021845 02/07/2013 02/07/2013 1999 BMW 13332 CENTER LLC. 15:26:41 PM 15:37:32 PM 8: MECHANIC WK007739 07/06f2013 1999 BMW 135011 11:19:04 AM 11:27:01 AM mil status Fault CD Result "Fest Result stored Mac/mm? nwsmazw .th MECH SIGNATURE i. lug-sar- STICKER exmaasmsi' DAY or B??haa'wxwi?DATE smnoni??m I Acm- I . n. a. wM-d _l . VEHICLE REPORT Test Stan @1536 VEHICLE INFORMAHON Your. 1999 I Make: BMW M0591: 3-SERIES VIN: WOW . EngineSizo: 2.5 . 8 0mm. 133322 0000 3375 Noam: .19ij Inspection Type: lh?TlAL Recon! Number: 001143 County: CUMBERLAND summons inspecnou Afr Ir?ec?on System HA Cataiy?c Comma: NA Fuel Cap lntagr?y: pAss Vafue HA Fae: Inlet Reshictor NA Exdmust Gas HA Fue: Evapomuon Comm! HA can mssxousm? I Mil BULB KOEO: PASS 08D FAULTCODE RESULT: NA MIL BULB KOER: PASS OED READINESS RESULT NA MIL COMMAND STATUS: NA 0 CHECK RESULT: NA 9 Hang. Piss HA 83mm W198 1m: . wome computer . Vehicle tested in accordance with Pa. Code True 67. Chapter 177" 1 a 0m manna NAME: 83 AW CENTER INSPECTOR NAME: LOWE HAW ADDRESS: mu. Wm 17406 PM Wt mm mm: 0632 mymi. . DIVE CLEAN May 22, 2014 Certified Mail 7010 0290 0002 3096 4599 Subject: Departmental Hearing Shane Eaton 83 Automotive Center LLC 5208 N. Susquehanna Trail York, PA 17406 From Gail Koch A Departmental hearing has been scheduled for June 9, 2014 9:00 AM. The hearing will be held at: Emissions Team 5349 Joycee Avenue Suite Harrisburg, PA 17112 (71 7-565-7500 At the time of the hearing, you may present the testimony of any witnesses having information pertinent to the vlolation 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. Diregions From 81 North Take the Paxtonia (US-22) Exit Road Forks, keep right Allentown 22W. Continue on Jonestown Turn right on Jayoee Avenue, tan stone building on the left Suite E, Parsons Logo is on the door. Erom South Take Exit #72 Ramp forks, keep left to Paxtonia, turn left on N. Mountain Road, road forks, keep right Allentown continue on Jonestown turn right on Jayoee Avenue, tan stone building on the left Suite E, Parsons Logo to on the door. PET 5?01 979 East Park Drive, Harrisburg, PA 17111 I 911 01/30/04 CLEAN May 22, 2014 - Certi?ed Mall "(010 0290 0002 3096 4728 Subject: Departmental Hearing Shane Eaton 5208 N. Susquehanna Trail York, PA 17406 From Gail Koch A Departmental hearing has been scheduled for June 9, 2014 9:00 AM. The hearing will be held at: Emissions Team 5340 Avenue Suite Harrisburg, PA 17112 (717-565-7500 At the tlme of the hearing, you may present the testimony of any witnesses having information pertinent to the violation (8) in question. If you prefer to have a hearing with an official from please call (717) 565?7500 at least 3 buslness 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 Exit Road Forks, keep right Allentown 22W. Continue on Jonestown Turn right on Jayoee Avenue, tan stone bulldan on the left Sulte E, Parsons Logo is on the door. From 81 South Take Exit #72 Ramp forks, keep left to Paxtonla, turn lett on N. Mountaln Road, road forks, keep right Allentown continue on Jonestown turn right on Jaycee Avenue, ten stone building on the left Suite E, Parsons Logo is on the door. per 5.01 979 East Park Drive, Harrisburg, PA 17111 v1.1 01/30104 CLEAN May 22, 2014 Certi?ed Mail 7010 0290 0802 3096 4582 Subject: Departmental Hearing Lonnie C. Markle From Gall Koch A Departmental hearing has been scheduled for June 9, 2014 9:00 AM. The hearing be held at: Emissions Team 5340 Avenue Suite Harrisburg, PA 17112 At the time of the hearing, you may present the testimony of any witnesses having information pertinent to the violation 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 ?l 81 North Take the Paxtonla (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. Parsons Logo is on the door. From 81 South Take Exlt #72 Ramp forks. keep left to Paxtonie, turn left on N. Mountain Road, road forks, keep right Allentown continue on Jonestown turn right on Joycee Avenue, tan stone building on the left Suite E, Parsons Logo is on the door. PET 5-01 979 East Park Drive. Harrisburg, PA 17111 v1.1 01130104 Station name: 83 Automotive Center Inc. DT57 EMISSION El OVERT Review: date: 06/14/2013 York County El SAFETY COVERT VIOLATION SUMMARY QAO: Fred Bowers John Cummings While doing an investigation and a reinspect ion on 6! i4l2013. a I999 BMW 3231, VIN it WBAAM3334X0055958 it was noted on the vir that there was no communication with the vi id and there was a violation, faulty inspection and fraudulent record keeping involved with this emission inspection. While looking at the documentation it was noticed that the emissions test was passed a sticker #lM32926 98 was issued by inepecto owever this inspection did not communicate with the vi id and therefore this is a fault ins ction and fraudulent record keeping. Also in a statement made to QAO's Cummings and Bowers inspectorizfimitted that he did not inspect this vehicie and that the owner-did the inspection. The owner does not have an emission license. This is also a violation, inspection by an uncertitied mechanic. During the interview the owner,_said he helped with the emission inspection by plugging in the vehicle and operating the emission machine until he got what he thought was an illegal inspection. the inspector either signed the sticker or presigned the emissions sticker. The emissions sticker was removed from the vehicle. StickeriilM32926 98. Removed sticker is attached. During the interview with the inspector- he stated that the owner of this garage did the emissions inspection. He also stated that the owner may have done 2 to 4 more emissions inspections on other vehicles but could not remember when and what vehicles were involved. When interviewed the owner denied th at he did any other emission inspection on other vehicles but did admit that he helped on a speci?c inspection. Attached are the Questionnaires. and the Vehicle emissions ins report HEARING TESTIMONY RECOMMENDED STATION PENALTY El concurrent consecutive Furnish, lend, give, sell or receive a certi?cate of inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keepinii 1999 BMW 3231 VIN lM3-2926198) by Lonnie C. Markle Oper and Inspection-by uncerti?ed inspector RECOMMENDED MECHANIC PENALTY concurrent consecutive Furnish, lend, give, sell or receive a certi?cate of inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keepinii 1999 BMW 3231 VIN 1M3 ~2926198) by Lonnie C. Markle Oper . El approved Signature: disapproved (see below) aa 1/ 14/2014 Appt Date: 05/16/11 83 AUTOMOTIVE CENTER LLC. DT57 5208 N. SUSQUEHANNATRAIL ?Shane Eaton YORK PA 17406 YorkCounty Mail to: Hearing: - mail: Oper Furnish, lend, give, sell or receive a certi?cate of emission inspection without inspection and fraudulent record keeping including the lesser offenses of improper record keeping and careless record keeping and inSpection by an uncerti?ed inspector (1999 BMW 3231, VIN 1M3- 2926198) by Lonnie C. Markle, Oper? (D.O.V. 06/14/2013). Reported by Fred Bowers John Cummings. Station penalty . Mechanic penalty - Emaill?J Log :1 $3 :1 PET 2?0} v2.0 Of?cial Emissions Inspection Station Investigation Report sendu 12/11/06 Station Name 83 AUTOMOTIVE CENTER LLC IS Number DT57 Street Address 5208 N. SUSQUBHANNA TRAIL ounty YORK City and Zip Code YORK PA 17406 'Phone Number 7l7-266-6655 mart Miles Driven: Start: Travel Time: Start: Audit Time: End: End: End: Type of Report E1 Appointment {3 Cancellation Reappointment CI Suspension Record Audit hvestigation Other Sticker Reconciliation Previous Balance: Received: Total to Audit: Last Sticker Audited: Stickers on Site: Violations Indicated: I Administrative {dommentm While doing an investigation and a reins vir that there was no commanication wit was issued by insPectot vehicles were involved. When interviewed the owner denied that he did an speci?c inspection. Record Attached are the Questionaires, and the Vehicle emissions inspection report. Stickers issued: Stickers Voided: Stickers Missing: Stickers Stolen: Stickers Destroyed: Stickers Used: Sticker Balance: Vehicle Related ission machine until he got wh presigned the emissions sticker. Ci Other pection on 6/14/2013. at 1999BMW 323i, vin it it was noted on the the viid and there was a violation, faulty inspection, with this emission inspection.While lookini at the documentation it was noticed that the emiss did the inspection. The owner does not have an emission 4 The emissi 7 fwc??c?m he stated that the owner of this garage did the emissions inspection. He also - 4 more emissions inspections on other vehicles but could not remember when and what other emission inspection on other vehicles but did admit that he helped on this and fradulent record keeping involved ions test was passed an a sticker However this inspection did not communicate with the viid and therefore it is a faulty inspection and fraudulent record keeping. Also in a statement made to Cummings and Bowers inSpector admitted that he did not inspect this vehicle and that the Owner? licence. This is also a violation, inspection by an nncertified mec tame, During the interview the owner? 2185917OEA said he helped with the emission inspection by plugging in the vehicle and Operating the em inSpection. The Inspector either signed the sticker or the vehcile. StickeriilM32926l98. Removed sticker is attached. Duringthe interview with the inspector, stated that the owner may have did 2 to at he thought was a legal 1'0 Station Representative: De t. Re resentativ hereby verify that the informati L?lial? 1- u. Number: Date: Date: rdance with established procedures and is {me and correct to the best ol?my knowled?ex'l. I I PET 10-04A Station Name ?atenigmatiXQanELLQE uu.cu I. I 3 Inspection Station Interview Report Station Owner/Station Authority Questionnaire 018 Number cu vi.l Olf14!09 Address .5208. N. Sessusharna'rrai! County York City/Zip York, PA 17406 MW Phone Interviewed: Owner Station Authority Name the station owner/manager normally present wh en inspections are being conducted? 2. If the station owner/manager is not present, who is in charge in their absence? Name: The tech? 3. Was the station owner/manager or their regular designee present at the time of the alleged violations? if Yes No 4. Were you aware that the actions being taken may have constituted a Violation of the inspection Yes No regulations? - 5 .If 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 No 7. If the station ow to occur? nor/manager 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. Yes No i helped him with the inspection butwas not aware I was doing something wrong WV WW I MT 9. Were any policies or procedures in place that would have prevented the alleged violations? Explain. if; Yes No I should have called the hotline after i talked to the GAO. 10. What steps, if any, will be taken to prevent this from occuring in the future? Stop and cell the hotline. Station Representative Signature: Ltiavg reviewed this goes PennDOl??uchonsiders whether or not to impose penalties. Date: Representativ F. Bowers verify that the in information and brief. This veri?cation is made subject to the penalties of 8 4/5?f/Az Date: 6124(201 3 534904, relating to unswom falsi?cation to authorities dance with the established procedures and is true and correct to the best of my know n- ill: 1M Ila?Ulu Perle-048 InSpection Station Interview Report Vehicle Inspection Questionnaire Station Name Address CityIZip . ?altim?y?sstems?ail - York, PA 17496 County Phone Interviewed: Station Auth 018 Number .. .. v1.2 03il9110 -: age: ?ve; fit?? 1. Why was a sticker issued when no insnection had been conducted 13 a certi?ed inSpector?? . MA I am not the person who inspected this vehicle. it was inspected by the owner,* 2. Explain the defects found during the re-iHSpection 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 differencds) in the readings taken during the initial inspection vs. the ire?inspection. 5.Explain how you exceeded the number of inspections permitted per hour while doing a complete and was 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? only) 9. 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 l/M tests performed? NXA tl.Did actions by the station ownerfmanager or designee contribute to the alleged violations? Explain. Yes He did the inspection. N0 Station Representative SignatureiHavereyiel-iggdmig PennlJOT considers whether or not toimpose penalties. Date: 5 ?73 Repres F. Bowers Number: Dale: 6f24f2013 herby verify that nt?ormation and brief. This veri?cation is made subject to the penalties of 18 554904. relating to nnswom falsification to authorities ereln Was comp] ed in full accordance with the estabiished procedures and is true and correct to the best of my tract 1? led?L-?I . 3. PET 10-043 Inspection Station Interview" Report Vehicle Inspection Questionnaire Station Name Address City/Zip . Trait. ?931.25 . County Phone on Authority Cl Technician a ma.- F-v i _i ugly: --.- ear '7 j} l' -u r: 3.2 ?17 5?3. rrdr. ) 018 Number . Kerk- .. .. 1.21.1). v1.2 03f19t'10 1. Why was a sticker issued when no inspection had been conducted by a certi?ed inspector? I assummed that the machine allowed me to continue when it said passed 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 El 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 I 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) My; 9. 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? Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. Yes I did not know what I was doing was a violation. BNO Station Representative Signatureg?age reviewedt?q considers whether or not *9 imam Fanatics- Date: 4 Represent F. Bowers Date: 6f24l20'i 3 I herby verify that th information and brief. This veri?cation is made subject to the penalties of 13 554904, relating to unsworn falsification to authorities in ?Jll accordance with the established procedures and is true and correct to the best of my knowi?figei/ vii ?fish?! Hid mom Inspection Station Intervi??. Report Recordkeeping Questionnaire Station Name Address jz??ii??l?heil?a County York City/Zip York, PA 17406 mm? mm Phone Authority {3 Technician Name: 018 Number ILUZ-.. .- r'-Ul llUl:5 v1.203r'19fl0 Interviewed: Statio -- - . - - eel. ~adanete?eersjl?ri9m -. . at? - ea i a Law? J, 4' - . asigaa a; - Us ENTERED 2. How was vehicle ownership/insurance veri?ed? Registration card 3. Why are records not available as required? 4. Are work orders available to rebuild missing or incomplete records? If no, explain. Yes No 5.Why aren?t work orders/VIRS provided to customers? Theyare. [j 6. Why don't work orders contain brake/tire readings? 7. Was previous counseling done regarding recordkeeping? lfyes, explain. El Yes No 8. Did actions by the station owner/manager or designee contribute to the alleged violation? Explain. I didn't know it was a violation. Yes No Station Representative Signature: 1 Have reviewed this ue Date: Representative Signet F. Bowers Date: 6124! 201 3 i herby verify that the informatio information and brief. This verification is made subject to the penalties of 18 554904, relating to unsworn falsi?cation to authorities rdance with the established procedures and is true and correct to the best of my know I- A. Idf mix is? tuol?aa? "up?U I Julhi?llu 1 PBTIO-04C Inspection Station Intervi??. Report v1.203f19l10 Recordkeeping Questionnaire Station Name . . .. . . 018 Number Address .5298N513ms?ehanoaffra? . . .. County Yeti. .. City/Zip . - . Phone Interviewed: {3 Station Authority 13] Technician Jr? 1 a: t? 2.9; l. Who completed the records in question? ?lid the test, I signed the sticker 2. How was vehicle ownership/ insurance veri?ed? . . registration card. 3. Why are records not available as required? - I Thet were available. 4. Are work orders available to rebuild missing or incomplete records? If no, explain. - Yes No 5.Why aren't work orders/VIRS provided to customers? - 6. Why don't work Orders contain brake/tire readings? I I 7. Was previous counseling done regarding recordkeeping? if yes, explain. El Yes No 3. Did actions by the station owner/manager or designee Contribute to the alleged violation? Explain. Yes Yes, the station owner did the inspection, 2185917OEA. No Station Representative Signature: I Hagmyiewed this i statement when Date: @9920? 291121939. nastiest swat rem soreness. W3 Representativ F. Bowers Date: - cr24z2013 .f herby verify that the in orma ton se on I mm was comp: to ?ll! ascerdance with the established procedures and is true and correct to the best of my knowle' get I lnfonnalion and brief. This verification is made subject to the penalties of 13 554904. relating to unsworn falsi?cation to authorities - A, a i i t? l?dl built: Jul vuL-cr: uusllpany I COMMONINEALTH OF law 3334x956 VEHICLE EMISSIONS INSPECTION REPORT Test Start @1526 1?r?e: 99999 VEHICLE INFORMATION Year. 1999 Make: BMW Model: VIN: WEAAM3334XCD55956 . Engine Size: 2.5 Cy?ndere: 6 Odometer: 133322 GVWR: 0000 Estimated TeetWeight: 3375 License: J95015J inepection Type: INITIAL Record Numben 001143 County: CUMBERLAND EMISSIONS CONTROL SYSTEMS INSPECTION Air Injection System NA Catalytic Converter NA Fuel Cap Integrity: PASS PCV Value NA Fuel iniet Rm NA Exhaust Gas Recirculation NA Fuel Evaporation Control NA OED EMISSIONS INSPECTION MIL BULB KOEO: PASS OED FAULT CODE RESULT: NR MIL BULB KOER: PASS OBD READINESS RESULT NA MIL COMMAND STATUS: NA OED-UM CHECK RESULT: NA OVERALL TEST RESULTS: PASSEE Emissions Control Systems VisuaUT-?unctionai Inspection: PASS OBD Emissions Inspection: NA Sticker: [8532928198 TIN: 394521890855 . pe?orm anOnBoard magmatic beet. Noam-mt mammals from $031me Diegnoetio computer system?rhlo vehicle shouid protiueo 2 SIng fromtiie On Board Diem-watts comp mete-m. This vahzca Ilene . RAIN HIS oocumeoue econ Vehicle tested in accordance with Pa. Code Wife 67. Chapter 177' EMISSIONS INSPECTION ?snmon STATION STATION NAME: 33 RUTOMOTNE CENTER INSPECTOR NAME: LONNIE MARKLE ADDRESS: 5203 N. SUSQUEHANNA TRAIL 17406 PHONE: EQUIPMENTS: . 55021845 VEHICLE EMISSIONS mom-20110:: ouesnons: Poi additionei information. pieese contact the Customer Hotiioe at (800) 2554921. Station Namel=> Auto Center LLC Emission Violation Recommendation Ouncr/Mech a in; No Mechanic(s) Name-Operatei (Enter all MechJOper inftiw in block below) 013 a on Type a) Reporting Of?cer (Enter in block below) of Viol m> l6/l4f2013 I?,an KI Qt .. pi" ?ight, - one a encerticateo wil?t?i?IittF'" it t-?f I -..: .. a trivia? His-ad ?4.5mm .I . i. ?fti- ?mim?ij'i ministr?d? seal-3i . ., 5 ssuance or possess: It iemission inspection i iFurnish, lend, give, sell or receive a certi?cate of emission inspection without I iinSpection Station IFaulty inSpection of equipment or parts {Improper inspectiou Station! inn-indium: record keeping 1 Improper record keeping {Careless record keeping lFailure to verify registration or emission inspecting a vehicle with an expired i registration Failure to af?x certi?cate of inspection immediately upon successful lcompletion of inspection {Improperly assigning certi?cate of inspection iFai'im-e to produce records upon demand by Department quality assurance i. iofiicer or other authorized Commonwealth representative or agent security of certi?cate of inspection ?lnspecting more subject vehicles per hour per emission inspection inspector :than permitted by Section 177.408(g) by emission inspector with suspended, revoked, cancelled, expired 1 ,or recalled vehicle operating privilege {Inspection by emission inspector with expired inspector certi?cation by uncerti?cd inspector Ilmproper use of emission inspector certi?cation i' Requiring or indicating unnecessary repairs for the purpose of inspection JUnclean inspection: area Missing or broken tools [Bad check i JMisstatement of fact lFailure to report discontinuance of business :Failure to notify the Department of changes of ownership, location or other Echanges affecting an of?cial inspection station [Failure to make emission inspection test printout available to customer i iFrauduIent issuance of emission inspection waiver Improper issuance of emission inspection waiver Improper veri?cation of repairs required for issuance of waiver aa 1/14/2014 Appt Date: 05/16/11 83 AUTOMOTIVE CENTER LLC. - DT57 mm" 5208 N. SUSQUEHANNATRAIL ~Shane Eaton I YORK PA 17406 YorkCounty Mail to: Susp: mail: Oper three (3) months for faulty inspection and one (1) year fraudulent record keeping including the lesser offenses of impr0per record keeping and careless keeping. (D.O.V. 06/ 14/2013). Reported by Fred Bowers John Cummings. Station penalty - Mechanic penalty ?11: :1 El par 2-01 v2.0 Of?cial Emissions Inspection 12/1 1/06 Station Investigation Report Station Name 83 AUTOMOTWE CENTER LLC OIS Number DTS7 Street Address 5208 N. SUSQU EHANNA TRAIL County YORK City and Zip Code YORK PA 17406 Phone Number 717-266?6655 Start: Miles Driven: Start: Travel Time: Start: Audit Time: End: End: End: Type of Report - :3 Appointment El Cancellation CI Reappointment E3 Suspension Cl Record Audit xnvestigation C: Other 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 Record )4 Vehicle Related Other - Comments: While doing an investigation and a reinspection on 6/14/2013, a 19998MW 323i, vin ii it was noted on the vir that there was no communication with the vild and there was a violation, faulty inspection, and fradulent record keeping involved with this emission inspection.WhiIe lookin at the documentation it was noticed that the emissions test was passed an a sticker was issued by inspectorh However this inspection did not communicate with the viid and therefore it is a faulty inspection and fraudulent record keeping. Also in a statement made to QAO's Cummings and Bowers inspecto admitted that he did not inspect this vehicle and that the owner id the inspection. The owner 0 ave an emission licence. This is also a violation, inspection by an uncelti?ed mechanic. During the interview the comely?lsaid he helped with the emission inspection by plugging in the vehicle and operating the emission machine until he got what he thought was a legal inspection. The lnspeetg; either signed the sticker or presigned the emissions sticker. Nor was removed from the vehcile. StickeriiIM32926l98. Removed sticker IS attached. During the interview with the inspector, he stated that the owner of this garage did the emissions inspection. He also stated that the owner may have did 2 to 4 more emissions inspections on other vehicles but could not remember when and what vehicles were involved. When interviewed the owner denied that he did any other emission inspection on other vehicles but did admit that he helped on this speci?c inspection. Attached are the Questionaires, and the Vehicle emissions inspection report. Station Represented Date: Dept. Representativ Mme .. I hereby verify that the information, and belief. This veri tea I011 15 ma so 180 :e pena ms of' 18 554904, relating to unsworu falsi?cation to authorities- cordance with established procedures and is true and correct to the best of my knowledg I a per room Inspection Station Interview Report v1.101r14rce Station Owner/Station Authority Questionnaire Station Name center L119 . 018 Number Address 5208 Susquehanna Trail County York City/Zip York, PA 17406 Phone -. - - hfli?j?i-Zra: .. 2. If the station owner/manager is not present, who is in charge in their absence? Name: The tech? 3. Was the station owner/manager or their regular designee present at the time of the alleged violations? Yes i No 4. Were 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? Yes No 7. If the station owner/manager or designee was aware that the alleged violations were occuring, why did they-allow them to occur?- 8. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. L291 Yes No i helped him with the inspection butwas not aware I was doing something wrong 9. Were any policies or procedures in place that would have prevented the alleged violations? Explain. 5 3t" Yes No i should have called the hotline after I talked to the GAO. 10. What steps, if any, will be taken to prevent this, from occuring in the future? Stop and cell the hetline. Station Representative Signature: qu_e_s_ti considers whether or not to impose penalties. ma?a/x; Date: F. Bowers . - 69412013 Representative Si I herby verify that the information set forth herein was compiled in full accordance with the established procedures and is true and correct to the best ofmy kno 'ledg?; information and brief. This veri?cation is made subject to the penalties of 18 554904, relating to unsworn falsi?cation to authorities ,Wi flit?? par 10-043 Inspection Station Interview Report v1.2 osngno Vehicle Inspection Questionnaire Station Name . 018 Number Address Susaschasas'?aii .. . . County City/Zip York, PA 17406 Phone 571?) 266-96355 Interviewed: are" Station Authority Technician visticker issued when no inspection had been conducted by a certi?ed inspector? MA I am not the person who inspected this vehicle. It was inspected by the owner, 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 meashrements taken (brakes, tires, bali joints)? if no, explain. Yes 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 MA 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? (l/M only) was 9. 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 UM tests performed? 1 1. Did actions by the station owner/manager or designee contribute to the alleged violations? Explain. Yes He did the inspectionReprescn Dag F. Bowers - 6f242'2013 ?rll accordance withthe established procedures and is true and correct to the best of my knowl dg? infonnation and brief. This veri?cation is made subject to the penaities of 18 554904, relating to unsworn falsification to authorities V91 K, IM PET 10.043 Inspection Station Interview Report v1.2 oanwio Vehicle Inspection Questionnaire Station Name 83 Automotive Center Number 9:151 Address szosNSusquehannaTraii .1. County rang. . City/Zip York, PA 17406 Phone (717) 26961535" Interviewed: Station Authority Technician Name vi "7?37_ .331. "?55313; - ?g "ti ti. 1.5. in. - I I ?6-9 v1; if; - I gig?g1? - "kg?'55 1. Why was a sticker issued when no inspection had been conducted by a certi?ed inspector? 1 assummed that the machine allowed me to continue when it said passed 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, bail joints)? If no, explain. I: Yes El No 4. Explain the difference(s) in the readings taken during the initial inspection vs. the re~inspection. 5.Exp1ain how you exceeded the number of inspections permitted per hour while doing a complete and WA 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) 9. 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? 1 1. Did actions by the station owner/manager or designee contribute to the alleged vioiations? Explain. Yes I did not know what I was doing was a violation. NO Station Representative Signature: I Have reviewed this - - -- - - - - 4 - - email when Date: whethCI 9r. ?Gite WHOSE: Wnaities. 2y Date: 6l24l2013 Representative F. Bowers 1 herby verify that the info . - - - accordance with the established procedures and is true and correct to the best of my knot ledgir information and brief. This veri?cation is made subject to the penalties of 13 554904, relating to unswom falsi?cation to authorities 1U 1M .. tit} per ionic Inspection Station Interview Report v1.2 03mm Recordkeeping Questionnaire Station Name . . 018 Number Address . . County Kort. City/Zip _Ynork, PA 17406 Phone Interviewedcompleted the in question? [3 did the test, i signed the sticker 2. How was vehicle ownership/insurance veri?ed? registration card. 3. Why are records not available as required? Thet were available. 4. Are work orders available to rebuild missing or incomplete records? If no, explain: Yes No 5.Why aren't work orders/Vle 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/maria or or designee contribute-to the alleged violation? Explain. Yes. Yes, the station owner did the inspection,* No Station Representative Signature: 1 Have reviewed this uestionnaire and understand it '53] statemeiit when Date: P9111991 rati?es _t?ettisgor apt. tsimaese penalties.- 3 3? Represent Number: Date: F. Bowers - 6t2412013 11 full accordance with the established procedures and is true and correct to the best of my knowl dgfsil/_ information and brief. This veri?cation is made subject to the penalties of 18 554904, relating to unswom falsi?cation to authorities .9 w. m; per 10-04C Inspection Station Interview Report v1.2 03:19:10 Recordkeeping Questionnaire Station Name . . . . 013 Number Address .. . . . . . County Yark . . City/Zip York,PA17406 Phone Station Aut Name: I. Who completed the records in uestion? BOTH OF us ENTERED 2. How was vehicle ownership/insurance verified? Registration card 3. Why are records not available as required? 4. Are work orders available to rebuild missing or incomplete records? if no, explain. Yes No S.Why aren't work provided to custorners? They are. 6. Why don't work orders contain brake/tire readings? Was previous counseling done regarding recordkeeping?? If yes, explain. I Yes No 8. Did actions by the station owner/manager or designee contribute to the alleged violation? Explain. Yes I didn?t know it was a violation. No Station Representative Signature: 1 Have reviewed this element when Date: considers whether or not to impose penalties. neg/?3 Date: 6.0412013 Representativ F. Bowers herby verify that the in full accordance with the established procedures and is true and correct to the best of my knon ed?g information and brief. This veri?cation is made subject to the penalties of 18 554904, relating to unsworn falsi?cation to authorities it COMMONWEALTH OF VEHICLE EMISSIONS INSPECTION REPORT Test Start Datefl'irne102107I2013 @1526 Title: 99999 VEHICLE INFORMATION Year. 1999 Make: BMW Model: 3-SERIES VIN: Engine Size: 2.5 Cylinders: 6 Odometer. 133322 GVWR: 0000 Estimated Test Weight: 3375 License: J95015J Inspection Type: INITIAL Record Number. 001143 County: CUMBERLAND . EMISSIONS CONTROL SYSTEMS VISUAUFUNCTIONAL INSPECTION Air Injection System NA CetaIytlo Converter NA Fuel Cap Integrity: PASS PCV Value NA Fuel Inlet Restriotor NA Exhaust Gas Recirculation NA Fuel Evaporation Control NA OBD EMISSIONS INSPECTION MIL BULB KOEO: PASS OBD FAULT CODE RESULT: NA MIL BULB KOER: PASS OBD READINESS RESULT NA MIL COMMAND STATUS: NA OED-UM CHECK RESULT: NA OVERALL TEST RESULTS: PASSED Emissions Control Systems Visueifl-?unctional Inspection: Miss 080 Emissions Inspection: NA Sticker: IM32926198 TIN: 894521890856 Besed on the intonnation gathered during an attempt to perfonn an On Board Diagnostic best, ND Signet was available from the Onboard Diagnostic computer system.Thle vehioie should produce a sign! from the Cm Board Diagnostic computer system. This vehicle needs to hage the above Egobiem coasted prior to next year's emissions Inegeotion. RETAIN THIS DOCUMENT FOR YOUR RECORDS Vehicle tested in accordance Pa. Code Title 67. Chapter 177? EMISSIONS - STATION 0757 STATION NAME: 83 AUTOMOTIVE CENTER INSPECTOR NAME: LONNIE MARKLE ADDRESS: 5203 N. SUSQUEHANNA m1. ,voax 17405 PHONE: 7172668655 EQUIPMENT e: 85021845 SOFTWARE VERSION: 05.02 VEHICLE EMISSIONS INSPECTION QUESTIONS: For? additional infonnation. piease contact the Customer Hotline at {300) 265-0921- INSP I I I I STICKER NUMBER COUNTY MECHANIC NUMBER STATION NUMBER DT57 STAT NAME CITY STAT BUS STAT TOT TOT SAFETY AUDIT 03/12 SUSP IM.APPT IM SUSP MAIL MAIL MAIL MAIL STICKERS PRINT APPT AUTOMOTIVE CENTER LLC. TRAIL ZIP YORK OWNER SHANE SUSPENSION: SAFETY EMISSION RESTORE EFFECTIVE DATE-- SUSPEN INSP I I I I STICKER NUMBER MECHANIC NUMBER STATION NUMBER STICKERS PRINT STAT NAME CITY COUNTY CERTIFICATION NAME MARKLE EXPIR CANCEL RECERTIFICATION 2ND MAIL DATE CHK CANCEL IND ZIP CODE- SAF DUP YORK MECE 8R SUSP RN LTR RN STOP RECD EMISSIONS: SEC OL CHK CERTIFICATION 0L EXPIR 10/10/16 EXPIR CANCEL BIRTH 10/09/68 RECERTIFICATION MAIL DATE SUSPENSION: SAFETY EMISSIONS EMIS DUP RESTORE . RN LTR EMIS RN EFFECTIVE SUSPEN INSP I I MECHANIC NUMBER - STATION STAT NAME CITY CERTIFICATION EXPIR CANCEL RECERTIRICATION NAIL DATE CHK CANCEL IND SAE DUP MECH SUSP RN LTR 03/19/98 RN EMISSIONS: CERTIFICATION EXPIR CANCEL RECERTIFICATION MAIL DATE ENIS DUP RN LTR EMIS RN STICKERS PRINT I I NUMBER STICKER NUMBER COUNTY ROBERT EATON ADDR-- 2ND CITY ZIP CODE-- STOP RECD LICEN SEC 0L CHK OL EXPIR 07/31/97 BIRTH 07/17/69 SUSPENSION: SAFETY EMISSIONS RESTORE EFFECTIVE SUSPEN 9 If INSPECTION SYSTEM INQUIRY MECHANIC STATION NUMBER STICKER NUMBER STAT NAME CITY COUNTY CERTIFICATION NAME HILDEBRANO- EXPIR CANCEL IST RECERTIEICATION . 2ND MAIL DATE CHK CANCEL IND ZIP SAE DUP YORK MECH 8T SUSP RN LTR RN STOP RECD TYP--LM LICEN EMISSIONS: SEC OL CHK CERTIFICATION OL EXPIR 10/10/13 EXPIR CANCEL BIRTH 10/09/76 RECERTIFICATION MAIL DATE . SUSPENSION: SAFETY EMISSIONS EMIS DUP RESTORE 'rc?y/ RN LTR EMIS RN EFFECTIVE C?yy?y SUSPEN TERM STICKERS PRINT 6 - 3512. ?Mb? -..- hi I v. . .. wwhm- . . mhwqu, CONSIDERATION OF POINT ASSESSMENT IN LIEU OF SUSPENSION . m- STATION ?757 STATION NAME WI HEARING DATE Authorizing Signature 8: 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 ownerfmanager. OwnerlManager not present at the time of the violation(s); no other supervsion provided. OwnerlManager unable to establish if sepervision was provided at the time of the vioiation(s). The station ownerlmanager committed the vioiation(s). The station owner/manager participated in the violation(s) The station owner/manager had knowledge of the vioiation(s). The station owner/manager is responsibie for proper inspection record keeping. . - Evidence does not indicate ownerlmanager reviewed inspection records that Wouid 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 vioiation(s) was in charge of the inspection activities at the time the vioiation(s) occurred. The station ownerimanager is responsible for ensuring that ail personnel are properly certi?ed to perform inspections. The station owner/manager is responsible for reporting Changes affecting the station or discontinuance of business. Other (specify): ENMV-94 (10-08pennsyivania 4" g. DEPARTMENT OF TRANSPORTATION --. 1.5. a 5r. ,a ?ns-m .3104 is!) Raw 1- 000:384231 ?so 2514 1; Bureau of Motor Vehftles . I . Harrisburg. PA 17104-2516 7 5 I I PENNDOT '175 BC: 1732.314251599 33:3; DEPARTMENT OF TRANSPORTATION {ii'ii {3'2 Vehicle Inspection Division P. O. Box 69003 Harrisburg PA 17106-9003 Phone: (717) 787-2395 MECHANIC CERTIFIED MAIL: 70042510 0001 4167 9920 MAIL DATE: July 28, 2014 Lonnie C. Markle (83 Automotive Center NOTICE OF INTENT TO SUSPEND OFFICAL EMISSION INSPECTOR You are hereby noti?ed that the Department intends to suspend your certification as an Official Emission InSpe 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 suspe your certi?cation as an Of?cial Emission Inspector for one (1) year, for fraudulent record keeping including thu lesser offenses of improper record keeping, careless record keeping on a (1999 BMW WBAAM3334XCD55956, sticker lM3-2926198. The suSpension(s) is to run consecutively for a total suspensiu one (1) year. This suspension is to run consecutively with any other suspensi0n(s) imposed by the Department any violation considered separately. Credit for your suspension term will not begin until your certi?cation card is surrendered to the Department. You may contact your Quality Assurance Of?cer to surrender your certi?cation card or you may mail your certi?cation card to the Vehicle Inspection Division, Post Of?ce Box 69003, Harrisburg, PA 17106?9003. You have a right to request a ltearing on the above referenced sanction(s) under 2 ??501-508 (rel to general rules of administrative practice and procedure of administrative agencies); 1- Pa. Code Part (relating to general rules of administrative practice and procedure) and 67 Pa. Code Chapter'49l (relatit administrative practice and procedure) by submitting a written request for a hearing within 30 days of ti above mail date to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor Harrisburg, PA 17120-0096. 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 ABOVEREFERENCED WITHIN 30 DAYS OF THE MAIL DA OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSK ADDITIONALLY, THE ABOVE WILL ALSO BE FINAL AND YOUR CERTIFICATI AS AN OFFICIAL EMISSION INSPECTOR WILL BE SUSPENDED EFFECTIVE August 29, 2014. . as 0, Director Bureau of Motor Vehicles