Department of Transportation, Bureau of Traffic Safety v. Stahl

In Department of Transportation, Bureau of Traffic Safety v. Stahl, 75 Pa. Commw. 18, 460 A.2d 1223, 1225 (Pa.Cmwlth. 1983), an employee "inspected" his personal automobile during business hours and affixed an inspection sticker to it despite its numerous violations. The employer was not present when the employee did so, and the employer had a policy prohibiting employees from working on their own cars during business hours. The Court held that the employee was not acting within the scope of his employment and, thus, the station owner could not be held liable for the employee's conduct. The applicable regulation on the station owner's liability is addressed in the Department's regulation at 67 Pa. Code 177.421. It states, in pertinent part, as follows: (a) Personal liability. It is the responsibility of the owner of an emission inspection station to: (6) Assume full responsibility, with or without actual knowledge, for: (i) Every emission inspection conducted at the emission inspection station. (ii) Every emission inspection waiver delivered by a certified repair technician at the emission inspection station. (iii) Every certificate of emission inspection issued to the emission inspection station. (iv) Every violation of the Vehicle Code or this chapter related to emission inspections committed by an employee of the emission inspection station. (v) Maintaining an adequate supply of current certificates of emission inspection and inserts for issuance. 67 Pa. Code 177.421(a)(6).