Appeal from the Order of the Court of Common Pleas of Schuylkill County in the case of Commonwealth of Pennsylvania, Department of Transportation v. John Gula, No. S-336-1980.
Stephen P. Ellwood, Krasno & Krasno, for appellant.
Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.
Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.
[ 69 Pa. Commw. Page 481]
John Gula appeals an order of the Court of Common Pleas of Schuylkill County, sustaining the Department of Transportation's fifteen-month suspension of Gula's automobile inspection privileges for two violations of The Vehicle Code,*fn1 maintaining improper records and certifying an unacceptable vehicle.*fn2
[ 69 Pa. Commw. Page 482]
Here a state police officer testified that he observed at Gula's station a vehicle which bore a three-day old inspection sticker issued by Gula, although the vehicle had a cracked windshield, four tires lacking the minimum allowable tread depth, a smashed rear-end with a rag in place of a gas tank cap, and a six-to-eight-inch hole rusted through the floorboard. Furthermore, the officer testified, and the common pleas court found, that the hole could not have developed in just three days.
The failure of a mechanic to meet any of the requirements of departmental regulations concerning inspection constitutes a faulty inspection, Department of Transportation, Bureau of Traffic Safety v. Snyder, 37 Pa. Commonwealth Ct. 359, 391 A.2d 3 (1978). In our recent decision in Cariola v. Department of Transportation, Bureau of Traffic Safety, 66 Pa. Commonwealth Ct. 360, 444 A.2d 827 (1982), a similar case, we held that a state police officer's testimony that extensive rust on the vehicle could not have developed within the forty-eight days between the inspection and the discovered violation constituted substantial evidence.*fn3 The evidence here, as to the
[ 69 Pa. Commw. Page 483]
rusting defect, with only three days intervening between sticker issuance and the state police check-up, is thus stronger than it was in Cariola. In addition, as to the recordkeeping violation, the court found that Gula had listed the incorrect registration number of the vehicle in his logs.
Accordingly, we affirm the decision of the ...