Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Commonwealth of Pennsylvania v. Benedict E. Szot, Jr. and Louis Szot, individually and t/a Ben's Auto Repair, No. 4594 December Term, 1980.
Michael C. Schutzbank, Silverstein and Kaufman, for appellants.
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 Doyle, sitting as a panel of three. Opinion by Judge Blatt.
[ 72 Pa. Commw. Page 409]
Benedict E. Szot, Jr. and Louis Szot, individually and trading as Ben's Auto Repair (appellants) appeal an order of the Court of Common Pleas of Philadelphia County which, after consideration of evidence presented at a de novo hearing, upheld an action of the
[ 72 Pa. Commw. Page 410]
Department of Transportation insofar as it suspended Louis' certification as an official inspection mechanic for one year for fraudulent record keeping, and Benedict's certificate of appointment to inspect motor vehicles and his certificate as an official inspection mechanic for six months for improper record keeping. Additionally, the trial court found that Benedict had performed faulty inspections in violation of Section 4726 of the Vehicle Code, 75 Pa. C.S. § 4726, and it imposed an additional suspension of three months on his aforementioned certificates which was to run consecutively to his six-month suspension.
Our scope of review in this matter is limited to a determination of whether or not the trial court has committed an error of law or the necessary findings were supported by substantial evidence. Kennedy v. Department of Transportation, 52 Pa. Commonwealth Ct. 619, 416 A.2d 614 (1980).
After carefully reviewing the record in this matter, we find ample support for the trial court's findings. State Police Trooper Lawrence Jackson testified that he observed a 1963 oil tanker truck in a deteriorated*fn1
[ 72 Pa. Commw. Page 411]
state which nevertheless had a current inspection registration sticker on it. He then visited the appellants' station, which had issued the sticker and Louis Szot admitted that, although the vehicle had been inspected by Benedict Szot and not by him, he had put the sticker on the vehicle and had signed and completed a TS-431 form even though he had not witnessed the inspection. This procedure clearly is not in conformity with 67 Pa. Code § 175.202(b) and was properly a basis for the suspension of the certification of Louis Szot under Section 4726(b) of the Vehicle Code.
As to Benedict Szot, we believe that the aforementioned transaction indicates that he also engaged in improper record keeping procedures as set forth in the 67 Pa. Code § 175.202(b). Thus, the six-month suspension of his certificates as an official inspection mechanic and of his appointment to inspect motor ...