HomeMy WebLinkAbout2009-4573 Civil
PENNSYLVANIA DEPARTMENT OF : IN THE COURT OF COMMON PLEAS OF
TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
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V. :
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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.
inter alia,
Hufnagle, 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
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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
IS
Hufnagle from the suspension of his certification as an official safety inspector,
DENIED.
By the Court,
__________
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67 Pa. Code 175.80(e) sets forth the beneath the vehicle inspection requirements for
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09-4573 CIVIL TERM
Edgar B. Bayley, J.
passenger cars.
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09-4573 CIVIL TERM
Christopher Johnson, Esquire
For Pennsylvania Department of Transportation
Richard Gan, Esquire
For Scott Allan Hufnagle
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PENNSYLVANIA DEPARTMENT OF : IN THE COURT OF COMMON PLEAS OF
TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA
:
:
V. :
:
SCOTT ALLAN HUFNAGLE : 09-4573 CIVIL TERM
IN RE: APPEAL FROM SUSPENSION OF VEHICLE INSPECTION CERTIFICATION
ORDER OF COURT
AND NOW, this day of October, 2009, the appeal of Scott
IS
Hufnagle from the suspension of his certification as an official safety inspector,
DENIED.
By the Court,
Edgar B. Bayley, J.
Christopher Johnson, Esquire
For Pennsylvania Department of Transportation
Richard Gan, Esquire
For Scott Allan Hufnagle
:sal