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COMMONWEALTH PENNSYLVANIA v. MICHAEL MORAITI (02/24/78)

decided: February 24, 1978.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
MICHAEL MORAITI, UPPER DARBY AUTO CENTER, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety v. Michael Moraiti and Upper Darby Auto Center, Inc., No. 7919 of 1975.

COUNSEL

John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Michael Moraiti, appellee, for himself.

President Judge Bowman and Judges Crumlish, Jr. and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 34 Pa. Commw. Page 28]

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety (Bureau) appeals the order of the court of common pleas which reversed its determinatiion to suspend the Certificate

[ 34 Pa. Commw. Page 29]

    of Appointment as Official Public Inspection Station (Certificate) of Upper Darby Auto Center, Inc. (Appellant).

The facts of this case are not in dispute. Michael Moraiti (Moraiti), a certified inspection mechanic, admitted giving an automobile inspection certificate from Appellant's service station to a customer without performing the required inspection. His certificate was suspended and the suspension is not here at issue. Bureau also suspended Appellant's certificate as is required by Section 819(b) of the Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. ยง 819(b)(Act),*fn1 which requires Bureau to suspend the certificate of stations where the inspections are "being improperly conducted." The Act also provides

[t]hat if the servant or employee of any such inspection station shall without the authorization, knowledge or consent of his employer, violate any of the provisions of this act in reference to the inspection of vehicles, such violation or violations shall not be the cause of the suspension of the certificate of appointment as herein provided.

The court below reversed Appellant's suspension holding that "[t]he Commonwealth failed to prove that Moraiti, in improperly issuing this sticker, acted with the authority, consent or knowledge of his employer, Upper Darby Auto."

We cannot agree and reverse the ...


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