HomeMy WebLinkAbout09-4573
COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Pennsylvania Department
Of Transportation
Plaintiff
(Appellee)
V
Scott Allan Hufnagle
Defendant
(Appellant)
0- t/573
Department of Transports
Station Number OIS 5078
NOTICE OF APPEAL
Notice is hereby given that Scott Allen Hufnagle, Jr, Appellant above named,
hereby appeals to the Cumberland County Court of Common Pleas from the Order
entered in this matter on the 9t' day of June, 2009.
This order has been entered in the docket as evidenced by the attached copy of the
entry (copy of order.) Jurisdiction is correct pursuant to rule 905 of PRCP.
Appellant (Defendant) Hufnagle hereby requests a copy of the transcript of the
administrative hearing in this matter which occurred on or about April 21, 2009.
Respectfully Submitted,
Gan Law Group
B •
Attorney for Appellant Dated
64 South Pitt Street
Carlisle, PA 17013
717-241-4300
I.D. 68721
COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Pennsylvania Department of
Transportation
Plaintiff /Appellee CIVIL DIVISION
V
NO. 0 9- 4 S "? 3
Scott Allan Hufnagle
Defendant /Appellant
APPLICATION FOR STAY OR INJUNCTION OF DEPARTMENT OF
TRANSPORTATION ORDER SUSPENDING APPELLANTS OFFICIAL
SAFETY INSPECTOR LICENSE
1. Appellant Scott Allan Hufnagle resides at 640 Conodguinet Avenue, Carlisle, Pa
17015
2. Appellee is the Pennsylvanian Department of Transportation, Vehicle Inspection
Division whose primary address is PO Box 69003, Harrisburg, Pa 17106
3. Appellants Mechanics license is 27-255-622.
4. That Appellant is also an Official Safety Inspector in the Commonwealth of Pa.'
5. Petitioner is employed at Bridgestone/ Firestone Store OIS 5078 located in
Carlisle Pennsylvania.
6. Petitioner was notified on or about February 10, 2009 by Department of
Transportation that a complaint was filed against him regarding his
recommendation for repair prior to authorization of inspection sticker.
7. Appellant disagreed with Department of Transportation regarding their
interpretation of the applicable repair statute.
8. That on or about April 21, 2009, Appellant attended a hearing at which he was
represented by Counsel.
9. That testimony was taken regarding events leading up to Department of
Transportation investigation and complaint filed by Karen Saporito.
10. That as a result of this hearing, Pennsylvania Department of Transportation
an Order of Suspension of Official Safety Inspector License on June 9, 2009.
11. That Appellants inspection license is to be suspended for four months
commencing on or about July 15, 2009.
12. That Appellant rigorously disagrees with the Department of Transportation
interpretation of the applicable repair statute.
13. That this statute provides great latitude and discretion on the part of the Inspection
technician.
14. That if anything, Appellant erred on the side of safety and had the best interests', of
the Commonwealth as his focus.
15. That if Appellants license to inspect vehicles is suspended for four months, his
ability to earn a living, provide for his family and pay his bills will be materially,
irrevocably and unjustly affected.
16. Application to the Department of Transportation is not practicable since they are
the agency who suspended Appellants license.
17. Appellant has attached a copy of the suspension order and the applicable
provision which is at issue.
18. It is clear from a reading of this statute that the licensed inspector is granted
latitude in determining the extent, scope and application of required repairs before
inspection clearance is granted.
19. It would be manifestly unjust to materially, adversely, financially and
permanently affect Appellant because he exercised his discretion to the benefit of
the Commonwealth.
20. That for all of the above reasons, pursuant to Rule 1701 of the Pennsylvania
of Civil procedure, Appellant asks this court enter an Order staying the
Department of Transportation order of June 9, 2009 suspending Appellant
Hufnagle's official Safety Inspection license until this appeal is fully
by this court.
21. Jurisdiction is properly with this court pursuant to rule 905 of the PRCP.
Respectfully Submitted,
Gan Law Group
G
-7 A
sI-
Attorney for Appellant Dated
64 South Pitt Street
Carlisle, PA 17013
717-241-4300
I.D. 68721
VERIFICATION
I, Scott Allan Hufnagle Jr., hereby certify that the facts set forth in the foregoing
Application for Stay or Injunction of Department of Transportation Order Suspending Appellants
Official Safety Inspector License are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unworn falsification to authorities.
ALLAN W^AQLE,-fR.
Date: 7' 9 -0
Document #: 163765.1
-
pennsytvania
0 DEPARTMENT OF TRANSPORTATION
Scott Allan Hufnagle Jr.
640 Conodguinet Ave
Carlisle, PA 17015
(Bridgestone/Firestone-OIS#5078)
Vehicle Inspection Division
P. O. Box 69003
Harrisburg PA 17106-9003
Phone: (717) 787-2895
MECHANIC, #27-255-622
CERTIFIED MAIL: 7004 2510 0001 4164 6373
MAIL DATE: June 9, 2009
_70 (5M/_T_b1
ORDER OF SUSPENSION OF OFFICAL SAFETY INSPECTOR
You are hereby notified that your certification as an Official Safety Inspector is suspended, pursuant to
Section 4726 of the Vehicle Code. No vehicle safety inspections may be performed during the suspension.
Pursuant to Departmental regulations, your certification as an Official Safety Inspector will be suspended
for four (4) months for performing or indicating unnecessary repairs for the purpose of passing an
inspection (on a2005 Buick, VIN-3G5DA03 E55S56547 1).
?. The suspension(s) will run consecutively, for a 'total suspension of four (4) months. This suspension is to
run consecutively with any other suspension(s) imposed by the Department for any violation considered
separately. THE SUSPENSION WILL BE EFFECTIVE July 15 2009. At this time, you are ordered to
surrender to the Quality Assurance Officer, who is a representative of the Department of Transportation,
your Safety Inspector Certification card. Upon completion of your suspension, your inspector certification
card will be returned to you.
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 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.
r
t
MAILING ADDRESS: Sincerely,
Department of Transportation
Chief Counsel's Office
?/-A,
Riverfront Office Center
1101 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 171041 717-787-2895
• Subchapter E tsenger Cars And Light Trucks
r
(v) The sway or stabilizer bar is missing
or broken.
(vi) The coil spring or main leaf spring is
broken if originally equipped.
(vii) The spring attaching part is loose,
badly worn, broken or missing.
(viii) Spring shackle kits or blocks are used
to lower the suspension of the front of
the vehicle.
(ix) Spring shackle kits are more than 2
inches over original equipment.
(x) Blocks are used on front axle to raise
the vehicle.
(xi) Blocks used on rear axle exceed 5
inches over original equipment.
(4) Inspect floor and REJECT IF any of the
following apply:
(i) The floor bed or inner panels have
openings which would allow exhaust
gases to enter either occupant com-
partment or trunk.
(ii) The floor bed is not sufficient to hold
the weight of the driver, passengers
and cargo.
(5) Inspect the vehicle frame and REJECT
IF one or more of the following apply:
(i) The vehicle frame is not in solid
condition.
°S (ii) The repairs are made with tape, tar
paper or cloth, or are made in another
temporary manner.
(iii)' The frame components are missing,
cracked, rotted, or broken or:are in
deteriorated or dangerous condition. t
(iv Body mounts do not hold as required.
(v) A body ;mount is broken, cracked)
deteriorated or missing.
(vi) The difference in the body floor and
the top of the frame rail exceeds 4
inches.
(6) Inspect exhaust system and REJECT IF
one or more of the following apply:
(i) The vehicle has no muffler or muffler
has external repair.
(ii) There are loose or leaking joints.
(iii) There are holes, cracks or leaking
seams in exhaust system.
(iv) There is muffler cutout or similar
device.
(v) Part of the exhaust system passes
through occupant compartment.
(vi) The elements are not securely
fastened with proper clamps and
hangers.
(vii) The exposed exhaust system does
not have adequate heat shield or pro-
tective system.
(viii) The exhaust does not discharge to
the outside edge of the vehicle body,
including a truck bed, or as originally
designed-.
(7) Inspect the braking system. Remove at
least one front and one opposite rear
wheel and REJECT IF one or more of
the following apply:
(i) The hydraulic hoses or tubing leak; is
flattened, restricted, insecurely fas-
tened, improperly retained; or have
exposed cords.
•--.___ (ii)-The-wheel-cylinder leaks, has missing
-- :---parts, is. improperly-retained or is ,not
functioning. -
(iii) The caliper leaks, has missing parts, .
is improperly retained or is not func-
tioning
LattacfibA h'e' lining is,broken; not,firmly
'to-stio e, or'contaminated
ith oil, rease or any other sub-
tance,that would affect proper brake
peration.
here is mechanical damage other
than wear.
(vi) The inside diameter of drum is greater
than maximum diameter stamped on
drum, or greater than .090 inch over
original drum diameter for unmarked
drums.
(vii) The disc thickness is less than min-
imum stamped on assembly or less
than manufacturer's specifications.
(viii) The bonded linings are less than 2/32
inch at thinnest point.
(ix) The riveted linings are less than 1/32
inch above rivet head at thinnest
point.
(x) The drums or rotors are scored
deeper than .015 inches.
(8) Inspect fuel system and REJECT IF any
of the following apply:
E-15 Vehicle Equipment and Inspection Regulations
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION
Plaintiff
Appellee
V.
SCOTT ALLAN HUFNAGLE, Jr
Defendant
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
CIVIL ACTION -
NO.
PROOF OF SERVICE BY FIRST CLASS MAIL
I, Richard R. Gan, Esquire, do hereby certify that on July 9, 2009 a copy of Defendants
Notice of Appeal, Application for Stay or Injunction of Order Pending Appeal and Proposed
Order were mailed to the following parties:
Department of Transportation
Chief Counsels Office
Riverfront Office Center
1101 S Front Street, 3`d Floor
Harrisburg, Pa 17104-2416
Scott Allan Hufnagle, Jr
640 Conodguinet Avenue
Carlisle, Pa 17015
Gan Law
Richard R. Gan, Esquire
Attorney I.D. No. 68721
64 South Pitt Street
Carlisle, PA 17013
(717) 241-4300
Attorneys for Plaintiff
Dated: July 9, 2009
Document #: 181832.1
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P 7frU 4rry
?P? aa??toq
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Pennsylvania Department of
Transportation
V File: Q? .'1573 C' 1 ?I V
Scott Allan Hufnagle
APPEARANCE
Now comes Richard R. Gan, of Gan Law Group and enters his appearance on behalf of
Scott Allan Hufnagle, Jr. in the matter of Pennsylvania Department of Transportation v
Hufnagle.
Gan Law Group
64 South Pitt Street
Carlisle, Pa 17013
1D 68721
717-241-4300
y
Dat d:
Richard R. Gan, Esq.
FLEE:
OF Ti'" ?'' ' a nTY
2009 JUL -9 Ali ICJ: ` I
N Ty
PENNSYLVANIA DEPARTMENT OF IN THE COURT OF COMMON PLEAS OF
TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT ALLAN HUFNAGLE : 09-4573 CIVIL TERM
ORDER OF COURT
AND NOW, this 13 day of July, 2009, IT IS ORDERED that a
hearing shall be conducted on the within appeal at 8:45 a.m., Thursday, October 15,
2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
Pending resolution of the appeal a supersedeas is granted on the Department's
suspension of appellant's official safety inspector license.
By the urt, /
IAA./,
Edgar B. Bayley, J.
/?-ennsylvania Department of Transportation
chard R. Gan, Esquire
,,Pbr Scott Allan Hufnagle
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ClrPi:ii
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PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
V.
SCOTT ALLAN HUFNAGLE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-4573 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF VEHICLE INSPECTION CERTIFICATION
ORDER OF COURT
AND NOW, this 119* day of October, 2009, the appeal of Scott Hufnagle
from the suspension of his certification as an official safety inspector, IS DENIED.
By the
Edgar-8. Bayley, J.
Christopher Johnson, Esquire
For Pennsylvania Department of Transportation
,4ichard Gan, Esquire
For Scott Allan Hufnagle
:sal
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Apy
2009 OC t 19 PM 2- 4 8
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT ALLAN HUFNAGLE
09-4573 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF VEHICLE INSPECTION CERTIFICATION
OPINION AND ORDER OF COURT
Bayley, J., October 19, 2009:--
Scott Allan Hufnagle is an automobile technician at Expert Tire in Carlisle,
Cumberland County. Pursuant to the Vehicle Code at 75 Pa.C.S. Section 4726(a), he
is certified to conduct safety inspections of motor vehicles. Under Section 4726(b), the
Pennsylvania Department of Transportation suspended his certification for four months
"for performing or indicating unnecessary repairs for the purpose of passing an
inspection" of a 2005 Buick owned by Karen Saporito on January 15, 2009. Pursuant
to Section 4726(c), Hufnagle filed an appeal to this court upon which a hearing was
conducted on October 15, 2009.
Hufnagle, inter alia, determined that the following "failure" required $302.04 in
repairs to Saporito's Buick in order to pass inspection:
BUSHINGS (Both Lower-Front)
K6712 LO CTRL ARM BUSH/KIT
REMOVE & REPLACE CONTROL ARM SHAFT
AND BUSHING, LOWER, BOTH
09-4573 CIVIL TERM
PARTS DISCOUNT BUSHINGS (BOTH
LOWER-FRONT)
LABOR DISCOUNT BUSHINGS (BOTH
LOWER-FRONT)
A deteriorated bushing, standing alone, is not a condition which must be repaired
in order for a passenger vehicle to pass inspection.' Hufngale testified at the hearing
that when he concluded that for Saporito's Buick to pass inspection required that he
"remove and replace control arm shaft and bushing," he was mistaken in believing that
the lower control arm shaft was a part of the frame of the vehicle. In fact, it bolts to the
frame of the vehicle. Notwithstanding, he testified at the hearing that the condition of
the bushings on Saporito's Buick required replacement in order to pass inspection. He
was wrong when he made that determination on January 15, 2009, and he is still
wrong. The Commonwealth has proven that Hufnagle indicated unnecessary repairs to
the Buick for the purpose of passing inspection. Accordingly, the following order is
entered.
ORDER OF COURT
AND NOW, this day of October, 2009, the appeal of Scott Hufnagle
from the suspension of his certification as an official safety inspector, IS DENIED.
Edgar B
' 67 Pa. Code 175.80(e) sets forth the beneath the vehicle inspection requirements for
passenger cars.
-2-
09-4573 CIVIL TERM
Christopher Johnson, Esquire
For Pennsylvania Department of Transportation
Richard Gan, Esquire
For Scott Allan Hufnagle
:sal
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