Commonwealth v. Midas Muffler Shop
Commonwealth v. Midas Muffler Shop
Opinion of the Court
Opinion by
This appeal by the Pennsylvania Department of Transportation (DOT) is from an order of the Court of
In the course of investigating a complaint regarding a faulty inspection allegedly performed at Midas, a state trooper reviewed the inspection record sheet maintained at the garage.
The narrow issue presented to this Court is whether those factual circumstances constitute fraudulent recordkeeping. The trial court held that inasmuch as the Commonwealth “did not charge nor pursue before this court, as to this licensee, any theory of faulty inspection, intent to deceive, to defraud, to cause harm, nor any other theory of fraud by the licensee or the employee,”
Under DOT’s regulations in effect at the time of the alleged offense now before us,
In determining whether particular factual circumstances constitute fraud, we think it necessary to inquire whether the recordkeeping entry was false, entered intentionally and with the purpose of deceiving. Here, there can be no doubt that the entry was false and that it was entered intentionally. Its purpose, as we have noted, was to cover up an error. One definition of “deceit” in Webster’s Third New International Diction
Under DOT’s regulations, the owner of an inspection station is required to keep current inspection records at the inspection station for examination and audit by the inspection station supervisor and other authorized persons. 67 Pa. Code §175.29(a)(4). That regulation also provides that the owner of the station assumes full responsibility with or without actual knowledge of any violation of the regulations committed by an employee. 67 Pa. Code §175.29(a)(6). The regulations further provide, under the heading “recording inspection” that all report sheets shall contain the correct inspection station number, campaign and date and that the certificates shall be listed on sheets in numerical order. 67 Pa. Code §174.42(d). The same regulation states that fraudulent recording of an inspection report will be considered cause for suspension of inspection privileges. 67 Pa. Code §174.42(a).
As we have noted, the learned trial judge opined that the Commonwealth did not prove any theory of intent to deceive, to defraud or to cause harm. He also observed that no one was damaged, injured or disadvantaged by the error. We must respectfully disagree. As we have already stated, there is record evidence that Mr. Geesey did what he did as a cover-up. That is deceit. The harm to the Commonwealth is the failure of a licensed inspection station to conform to the regulations promulgated by DOT relating to vehicle inspections. As a licensee, the inspection station owes a duty to the Commonwealth to conform to the requirements of the appointing authority imposed upon the licensee when the license was issued, where those re
Order reversed.
Order
The order of the Court of Common Pleas of York County is reversed and the suspension imposed by the Department of Transportation, Bureau of Licensing is reinstated.
The order of the trial court is as follows:
The Order of the Director, Bureau of Motor Vehicles, of the Commonwealth of Pennsylvania, Department of Transportation of October 28, 1985, issued as the result of a ‘hearing held on 10/02/85’ is reversed, as to Edward Geesey, Midas Muffler, as in said Order the same is set forth.
The matter is therefore remanded to the Department of Transportation for disposition in accordance with the law and the findings herein contained.
Midas Muffler Shop (Midas) is a franchise business owned by Damar Corporation. Edward Geesey was the manager of the garage at the time of the offense.
Commonwealth Exhibit No. 3, Reproduced Record (R.R.) at 67a.
The inspection serial numbers are listed in numerical order on the inspection record maintained by an official inspection station.
Notes of Testimony from. May 7, 1986 at 10; R. R. at 29a.
Midas Muffler Shop v. Department of Transportation, Bureau of Motor Vehicles, (No. 85-SU-04544-08 of the York County Court of Common Pleas, filed June 12, 1986), slip op. at 2; R.R. at 69a.
See supra note 1.
This Court has recently held that inasmuch as improper recordkeeping is a lesser included offense than a charge of fraudulent recordkeeping, it is proper for the reviewing court to impose the penalty for that offense where DOT has foiled to prove fraudulent recordkeeping. Department of Transportation, Bureau of Driver Licensing v. May, 107 Pa. Commonwealth Ct. 583, 528 A.2d 708 (1987).
See 67 Pa. Code §175.51.
Dissenting Opinion
Dissenting Opinion by
I respectfully dissent.
Fraud involves an intent to deceive. It is a conscious object on the part of the actor to induce another to act in reliance thereon. Thus, a mistake for which there is a reasonable excuse or explanation negates that required intent to deceive. The trial court found that the action of appellees was made in an attempt to correct a mistake, and that no fraudulent intent existed. There is sufficient evidence to support this finding.
Accordingly, I would affirm the trial court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.