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CHAPTER 175. VEHICLE EQUIPMENT AND INSPECTION
Subchap. Sec.
A. GENERAL PROVISIONS 175.1
B. OFFICIAL INSPECTION STATIONS 175.21
C. CERTIFICATE OF INSPECTION 175.41
D. SCHEDULE OF PENALTIES AND SUSPENSIONS: OFFICIAL INSPECTION STATIONS AND CERTIFIED MECHANICS 175.51
E. PASSENGER CARS AND LIGHT TRUCKS 175.61
F. MEDIUM AND HEAVY TRUCKS AND BUSES 175.91
G. RECREATIONAL, SEMI AND UTILITY TRAILERS 175.121
H. MOTORCYCLES 175.141
J. MOTOR-DRIVEN CYCLES AND MOTORIZED PEDALCYCLES 175.171
K. STREET RODS, SPECIALLY CONSTRUCTED AND RECONSTRUCTED VEHICLES 175.201
L. ANIMAL-DRAWN VEHICLES, IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE EQUIPMENT 175.221
M. ALTERNATE FUEL SYSTEMS AND CONTROLS 175.241
N. [Reserved] 175.251
O. VEHICLE SUN SCREENING DEVICES 175.261Authority The provisions of this Chapter 175 issued under the Vehicle Code, 75 Pa.C.S. § § 47014705, 47214732 and 6103, unless otherwise noted.
Source The provisions of this Chapter 175 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499, unless otherwise noted.
Cross References This chapter cited in 52 Pa. Code § 29.402 (relating to vehicle equipment requirements); 52 Pa. Code § 30.31 (relating to vehicles equipment requirements); 52 Pa. Code § 37.272 (relating to vehicle standards); 67 Pa. Code § 171.21 (relating to exhaust system); 67 Pa. Code § 171.24 (relating to fuel system); 67 Pa. Code § 171.59 (relating to lamps and signals); 67 Pa. Code § 177.51 (relating to program requirements); and 67 Pa. Code § 601.1 (relating to definitions).
Subchapter A. GENERAL PROVISIONS
Sec.
175.1. Purpose.
175.2. Definitions.
175.3. Application of equipment rules.
175.4. Vehicles required to be inspected.
175.5. Semiannual inspection.
175.6. Annual inspection.
175.7. Inspection of vehicle reentering this Commonwealth.
175.8. Newly-purchased vehicles.
175.9. Vehicles registered in another state.
175.10. Vehicles requiring emission inspection due to address change.
175.11. Coordination of safety and emission inspection.§ 175.1. Purpose.
This chapter implements 75 Pa.C.S. § § 41014982 (relating to vehicle characteristics).
Source The provisions of this § 175.2 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103, 4301, 4501, 4521, 4524, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.2 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended October 25, 1991, effective October 26, 1991, 21 Pa.B. 5067; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (235214) to (235216).
Cross References This section cited in 67 Pa. Code § 177.51 (relating to program requirements).
§ 175.3. Application of equipment rules.
Equipment rules apply to vehicles operated on a highway, unless specifically exempted by this chapter.
Source The provisions of this § 175.3 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90271).
§ 175.4. Vehicles required to be inspected.
A registered vehicle moved upon a highway shall bear a valid certificate of inspection except for the following:
(1) Special mobile equipment.
(2) An implement of husbandry.
(3) A motor vehicle being towed.
(4) A motor vehicle being driven or a trailer being towed by an official inspection station owner or employee for the purpose of inspection.
(5) A trailer having a registered gross weight of 3,000 pounds or less.
(6) A motorized pedalcycle.
(7) A vehicle being repossessed by a financer or collector-repossessor through the use of miscellaneous motor vehicle business registration plates.
(8) A new vehicle while it is in the process of manufacture including testing, and not in transit from the manufacturer to a purchaser or dealer.
(9) A military vehicle used for training by a private, nonprofit, tax-exempt military educational institution when the vehicle does not travel on public roads in excess of 1 mile and when the property on both sides of the public road is owned by the institution.
(10) An antique vehicle.
Source The provisions of this § 175.4 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85985).
Cross References This section cited in 67 Pa. Code § 175.80 (relating to inspection procedure).
§ 175.5. Semiannual inspection.
School buses, passenger vans under contract with or owned by a school district or a private or parochial schoolincluding vehicles having chartered group and party rights under the Public Utility Commissionand used to transport school students; passenger vans used to transport persons for hire or owned by a commercial enterprise and used for the transportation of employees to or from their place of employment; trailers having a registered gross weight in excess of 10,000 pounds; and motor carrier vehicles shall be subject to semiannual inspection.
Source The provisions of this § 175.5 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended April 2, 1982, effective April 3, 1982, 12 Pa.B. 1098; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (85985) to (85986).
Cross References This section cited in 67 Pa. Code § 257.3 (relating to certificate of inspection).
§ 175.6. Annual inspection.
Other vehicles, including emergency vehicles and private noncommercial vehicles used to transport students, shall be inspected annually.
Source The provisions of this § 175.6 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85986).
§ 175.7. Inspection of vehicle reentering this Commonwealth.
A vehicle subject to inspection which has been outside this Commonwealth continuously for 30 days or more and which, at the time of reentering this Commonwealth, does not bear a currently valid certificate of inspection, is not required to be inspected until 10 days after reentering this Commonwealth.
Source The provisions of this § 175.7 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85986).
§ 175.8. Newly-purchased vehicles.
(a) Vehicles without valid certificate of inspection. A vehicle which does not display a valid certificate of inspection at the time of sale, resale or entry into this Commonwealth shall be inspected within 10 days of sale, resale or entry into this Commonwealth, whichever occurs later. The inspection shall be coordinated with the staggered registration system regardless of the date of a previous inspection in this or another jurisdiction.
(b) Vehicles with valid certificate of inspection. A vehicle which displays a valid certificate of inspection at the time of sale or resale may be driven until the inspection certificate expires.
(c) Vehicles subject to semiannual inspection and mass transit vehicles. Vehicles subject to semiannual inspection and mass transit vehicles are exempt from the provision of subsection (a) which requires coordination of inspection expiration with the staggered registration system.
Authority The provisions of this § 175.8 amended under Vehicle Code,
Source The provisions of this § 175.8 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended September 3, 1982, effective September 4, 1982, 12 Pa.B. 2943; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962. Immediately preceding text appears at serial pages (132832) to (132833).
§ 175.9. Vehicles registered in another state.
A vehicle registered in another state may be inspected. A certificate of inspection shall be issued only if the vehicle meets inspection requirements.
Source The provisions of this § 175.9 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90272).
§ 175.10. Vehicles requiring emission inspection due to address change.
A subject vehicle required to participate in the Emission I/M Program because of vehicle registration change of address shall be phased into the emission inspection program at the time of the expiration of the current safety certificate of inspection.
Source The provisions of this § 175.10 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90272).
§ 175.11. Coordination of safety and emission inspection.
All subject vehicles required to participate in the Enhanced Emission I/M Program shall display on the vehicle a renewed emission certificate of inspection prior to placement of a renewed safety certificate of inspection. A temporary inspection approval indicator may be used to designate vehicles which have successfully passed the required periodic safety inspection, but must display a renewed emission certificate of inspection, or obtain an official waiver, prior to placement of the renewed safety certificate of inspection. Under this chapter, the expiring safety certificate of inspection may be replaced with a new safety certificate of inspection at any time prior to the expiration of the certificate of inspection to which the temporary inspection approval indicator is affixed. The temporary inspection approval indicator does not extend the inspection expiration of any certificate of inspection to which it is affixed.
Authority The provisions of this § 175.11 issued under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.11 adopted September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003.
Subchapter B. OFFICIAL INSPECTION STATIONS
Sec.
175.21. Appointment.
175.22. Making application.
175.23. Approval.
175.24. Required certificates and station signs.
175.25. Inspection area.
175.26. Tools and equipment.
175.27. Hours.
175.28. Certified inspection mechanics.
175.29. Obligations and responsibilities of stations.
175.30. Commonwealth inspection stations.
175.31. Fleet inspection stations.
175.32. Recreational and utility trailer inspection stations.
175.33. Motorcycle inspection stations.
175.34. General inspection stations.
Cross References The provisions of this § 175.21 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90273) to (90274).
§ 175.22. Making application.
(a) Form. The applicant shall file one copy of Form MV-427, Application for Designation as an Official Inspection Station, with the Bureau. A separate application shall be made for each place of business.
(b) Bond or proof of insurance. Requirements shall be as follows:
(1) An applicant for a certificate of appointment shall furnish a bond on a form prescribed by the Department or proof of insurance as required by 75 Pa.C.S. § 4722(c) (relating to certificate of appointment).
(2) The bond or insurance shall be in the amount of $10,000 for each place of business and shall provide compensation to a vehicle owner for damage their vehicle may sustain while it is in possession of the inspection station.
(3) The bond or proof of insurance shall be renewed each year.
(4) Cancellation of the bond or insurance shall automatically void the certificate of appointment. Inspections shall cease until the Bureau receives a new bond or proof of insurance.
(c) Specification of type. The application shall indicate the type of inspection station authorization applied for; that is, Commonwealth, general, fleet, recreational and utility trailer or motorcycle.
(d) Applicant. The applicant shall be the owner of the business or, in the case of a corporation, some other person specifically authorized to sign the application.
(1) If a natural person, the applicant shall be 18 years of age or older.
(2) If the applicant is a corporation, partnership or association, the application shall be signed by an officer, partner, associate or another person specifically authorized to sign the application.
(i) The person who signs the application shall be 18 years of age or older.
(ii) Except in the case of an executive officer, partner or associate, written evidence of the authority of the personfor example, station managerto sign the application shall be attached thereto and attested to by a partner or a corporation or association officer.
Source The provisions of this § 175.22 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90274) to (90275).
§ 175.23. Approval.
(a) Investigation. An inspection station supervisor will conduct an investigation of each applicant to determine full compliance with the Vehicle Code and this chapter.
(b) English comprehension. The applicant and each inspection mechanic shall be sufficiently versed in the English language to read and understand this title.
(c) Issuance of certificate. Upon approval of the application by the Bureau, a certificate of appointment shall be issued to the applicant for the place of business located within this Commonwealth, as set forth in the application. No inspections shall be made unless a certificate of appointment has been issued to and is prominently displayed at the official inspection station.
Source The provisions of this § 175.23 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (90275).
Cross References The provisions of this § 175.24 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (90275) and (77482).
Cross References The provisions of this § 175.25 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1979, effective December 9, 1979, 8 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77482) to (77483).
Cross References The provisions of this § 175.26 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524 and 6103.
Source The provisions of this § 175.26 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132838) to (132839).
Cross References This section cited in 67 Pa. Code § 175.32 (relating to recreational and utility trailer inspection stations); and 67 Pa. Code § 175.33 (relating to motorcycle inspection stations).
§ 175.27. Hours.
An inspection station shall be open for business a minimum of 40 hours, Monday through Friday between 7 a.m. and 5 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the inspection station supervisor. To be considered for a waiver of this section, 50% of the working hours shall be between 8 a.m. and 5 p.m. Monday through Friday. This section does not apply to Commonwealth or fleet inspection stations.
Source The provisions of this § 175.27 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77485).
§ 175.28. Certified inspection mechanics.
(a) General. An official inspection station shall have at least one certified inspection mechanic. Every inspection shall be performed by a certified inspection mechanic. The mechanic shall only inspect the type of vehicle for which he is certified. The mechanic signing the inspection sticker shall conduct and be responsible for the entire inspection of the vehicle, including the road test, except that the Department may exempt a mechanic from the requirement to perform a road test because of a physical disability. See 75 Pa.C.S. § 4726 (relating to certification of mechanics).
(b) Multiple stations. A certified inspection mechanic may work part time at more than one official inspection station if the mechanic notifies the inspection station supervisor and the Vehicle Control Division of the names and station numbers of all current employers. Failure to do so may result in suspension of the mechanics inspection privileges.
(c) Number of inspections. A certified mechanic may not inspect more than:
(1) Two vehicles other than motorcycles per hour.
(2) Three motorcycles per hour.
(d) Certification requirements. A mechanic desiring to become certified:
(1) Shall be 18 years of age or older.
(2) Shall have a valid drivers license for each class of vehicle which the mechanic will inspect; except that a certified mechanic who inspects school buses is not required to hold a Class 4 license but is required to hold a Class 2 or 3 license. For the purposes of this chapter, a valid drivers license shall not include a learners permit. A mechanic exempted from the requirement to perform the road test shall also be exempt from the requirement of this paragraph.
(3) Shall have attended an approved 9-hour certification course and successfully completed the required written examination.
(4) Shall pass the required tactile test administered by a certified/qualified automotive instructor at an approved education facility.
(e) Recertification. A mechanic shall be certified every 3 years by passing the required written examination within 180 days of receipt of notice from the Department that the mechanic card is due to expire.
(f) Prior certification. A mechanic card without an expiration date shall remain valid for 180 days after the date of notice to the mechanic to attend the certification course. Failure to complete the certification course and pass the required tests within 180 days will result in cancellation.
(g) Mechanic license codes. A mechanic will be issued the following codes for the types of vehicle the mechanic is authorized to inspect:
(1) Passenger cars, trucks 17,000 pounds or less, and trailers less than 10,000 pounds.
(2) Motorcycles.
(3) Trucks over 17,000 pounds, trailers over 10,000 pounds and buses.
(4) All vehicles.
(5) Codes 1 and 2.
(6) Codes 2 and 3.
(7) Codes 1 and 3.
(8) (Reserved).
(9) Electrical speed-timing:
(i) AElectronic speed-timing.
(ii) BMechanical speed-timing.
(iii) CSpeedometer.
(iv) DElectrical-mechanical speed-timing.
(h) Mechanic card. The valid mechanic card shall be carried by the mechanic when performing an inspection.
Source The provisions of this § 175.28 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; corrected April 23, 1982, effective May 9, 1981, 12 Pa.B. 1344; amended October 29, 1982, effective January 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective January 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77485) and (116045) to (116046).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, 455 A.2d 277 (Pa. Cmwlth. 1983).
Although the Department has certified a mechanic under subsection (d)(2) of this section, as having a valid drivers license for each class of vehicles which the mechanic will inspect, an owner of an inspection station is responsible under 67 Pa. Code § 175.29(a)(6) (cited as (6)) for every inspection conducted by an employe of the inspection station. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
The provisions of this § 175.29 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of § 175.29 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1979, effective December 9, 1979, 9 Pa.B. 3495; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862, corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221207) to (221210).
Notes of Decisions Careless recordkeeping is a lesser included offense of improper recordkeeping and no due process violation resulted from a finding of liability for lesser included offense in that accused was informed of substance of charge with reasonable certainty. Department of Transportation v. Tutt, 576 A.2d 1186 (Pa. Cmwlth. 1990).
Evidence supported finding owner strictly liable for actions of inspection station employes who altered the safety and emissions stickers; however, Department committed error by failure to consider point system penalty alternative. Strickland v. Department of Transportation, 574 A.2d 110 (Pa. Cmwlth. 1990).
As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
Receipt of a letter charging an owner of an inspection station with fraudulent record keeping puts that owner on constructive notice that the charge is of the same nature as a previous charge of fraudulent record keeping, and subsection (a)(2) requiring copies of regulations describing violations be available to all employes served notice, thus justifying imposition of a 3-year suspension even though the letter containing the second charge did not specify that the second offense was of the same nature as the first offense. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
An inspection station owner may be penalized for the violation of statutory provisions found in 67 Pa. Code § 175.29 (responsibilities of inspection station owners), as well as by the law of agency, by an employee acting within the scope of his authority, even though the employe acted disobediently and the owner had no reason to anticipate such misconduct. Department of Transportation v. Cox, 476 A.2d 1012 (Pa. Cmwlth. 1984).
The provisions of 67 Pa. Code § 175.29(a)(6)(cited as (6)) must be construed that an owner is responsible, with or without his knowledge, for acts conducted by his employe relating to inspections only where the employe acted within his scope of employment. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
§ 175.30. Commonwealth inspection stations.
(a) Eligibility. This designation will be issued to stations owned and operated by:
(1) The Federal Government.
(2) The Commonwealth.
(3) A political subdivision of the Commonwealth.
(b) General requirements. An applicant for a Commonwealth inspection station shall meet the requirements of this chapter, unless specifically exempted, including the specific requirements for fleet stations.
(c) Certified inspection mechanic. Each official Commonwealth inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(d) Method of inspection. A Commonwealth inspection station shall inspect and issue certificates of inspection only to vehicles registered in the name of the governmental body.
(e) Certificates of inspection. No fee may be charged for certificates of inspection requisitioned by Commonwealth inspection stations.
Source The provisions of this § 175.30 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122828).
Notes of Decisions In reinstating the suspension of a municipalitys certificate and appointment to inspect motor vehicles, the Court noted that inspection stations owned and operated by political subdivisions of the Commonwealth are required to meet all provisions of the Vehicle Code and regulations, including a regulation that every inspection shall be completely performed by a certified inspection mechanic. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
The certificate of appointment of an inspection station which inspects city motor vehicles may be suspended if inspections in such inspection station are performed by persons not certified by the Department. Department of Transportation v. City of Philadelphia, Department of Public Property, 455 A.2d 277 (Pa. Cmwlth. 1983).
§ 175.31. Fleet inspection stations.
(a) Eligibility. Eligibility requirements are as follows:
(1) A fleet inspection station owner shall own or lease at least 15 or more vehicles.
(2) The certificate of appointment shall authorize inspection of only those vehicles registered or leased by the fleet inspection station owner. Privately owned or registered vehicles of company officers and employes may not be inspected at a fleet inspection station even if they are used for business purposes.
(3) The inspection certificate shall be cancelled if the number of vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Certified inspection mechanic. Each fleet inspection station shall have at least one inspection mechanic certified to inspect each type of vehicle which will be inspected.
(c) Requirements. Requirements shall include the following:
(1) An applicant for a fleet inspection station shall meet the requirements of this chapter, unless specifically exempted.
(2) In addition to the minimum inspection area requirements of § 175.25(b)(1)(i) (relating to inspection area), the inspection area shall be large enough to accommodate the largest vehicle to be inspected at the fleet inspection station.
Source The provisions of this § 175.31 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122828) to (122829).
§ 175.32. Recreational and utility trailer inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect trailers.
(b) Requirements. An applicant for a trailer station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. Each trailer inspection station shall have a mechanic certified to inspect trailers present during normal business hours.
(d) Record sheets. Inspections of trailers shall be recorded on Form MV-480. Inspection of recreational trailers shall be recorded on separate Form MV-480 report sheets.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), trailer stations shall have an ammeterlow range type.
Source The provisions of this § 175.32 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122829).
§ 175.33. Motorcycle inspection stations.
(a) Eligibility. This designation shall be issued to stations that inspect only motorcycles.
(b) General requirements. A motorcycle inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A motorcycle inspection station shall have a mechanic certified to inspect motorcycles present during normal business hours.
(d) Record sheets. A motorcycle inspection shall be recorded on Form MV-431.
(e) Tools. In addition to the tool requirements of § 175.26 (relating to tools and equipment), a motorcycle station shall have the following additional tools:
(1) A spoke wrench.
(2) A truing stand.
(3) A photo-electric type aimer or approved headlight aiming screen.
(f) Exemption. A motorcycle station is not required to have floor jacks or a floor stand.
Source The provisions of this § 175.33 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122829) to (122830).
§ 175.34. General inspection stations.
(a) Eligibility. This designation will be issued to stations that inspect vehicles if the station is so equipped.
(b) General requirements. An applicant for a general inspection station shall meet the requirements of this chapter, unless specifically exempted.
(c) Certified inspection mechanic. A general inspection station shall have a certified mechanic present during normal business hours.
(d) Method of inspection. A vehicle shall be inspected according to this chapter by a mechanic certified to inspect the appropriate class of vehicle.
Source The provisions of this § 175.34 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (122830).
Subchapter C. CERTIFICATE OF INSPECTION
Sec.
175.41. Procedure.
175.42. Recording inspection.
175.43. Security.
175.44. Ordering certificates of inspection.
175.45. Violation of use of certificate of inspection.§ 175.41. Procedure.
(a) Unauthorized display of certificate of inspection. No certificate of inspection or temporary inspection approval indicator may be marked or affixed to a vehicle unless the vehicle has successfully passed inspection, meeting the requirements of 75 Pa. C.S. § § 1019701 (relating to the Vehicle Code) and this chapter.
(b) Type. A certificate of inspection shall be selected for the particular type of vehicle being inspected according to this chapter. The certificate of inspection insert shall correspond to the vehicles registration month based on charts supplied by the Department. The certificate of inspection shall be examined before using. If found to be incorrect, the inspection station supervisor and the Vehicle Control Division shall immediately be notified.
(1) TS-460 shall be used for motor vehicles except motorcycles and motor-driven cycles.
(2) TS-463 shall be used for trailers, motorcycles and motor-driven cycles.
(3) A temporary inspection approval indicator shall be used to designate a vehicle which has successfully passed the required periodic safety inspection, but which shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle.
(c) Required information. The information on the rear of the certificate of inspection shall be completed in its entirety in permanent ink. The odometer reading is not required to be completed for trailers and motorcycles.
(1) The temporary inspection approval indicator shall be affixed as described in subsection (e)(5) so as to be visible to the vehicle operator (while seated in the drivers location) without obscuring any required information entered on the back of the safety certificate of inspection.
(2) When replacing a certificate of inspection for which a temporary inspection approval indicator has been issued, the back of the new certificate of inspection shall be completed using the information recorded on the report sheet (Form MV-431) at the time of the original inspection.
(d) Affixing certificate of inspection or temporary inspection approval indicator. The certificate of inspection or temporary inspection approval indicator shall only be affixed to the vehicle on the premises of the official inspection station and on a portion of the premises located within 100 feet and on the same side of the street as the official inspection station. A certificate of inspection or temporary inspection approval indicator may not be issued or affixed at another area of location.
(1) It is the responsibility of the certified inspection mechanic who performed the inspection to affix the certificate of inspection or temporary inspection approval indicator to the vehicle in the location prescribed by the Department. The certificate of inspection or temporary inspection approval indicator shall be affixed only after completion of the entire inspection, including the road test. A mechanic exempted by the Department from performing the road test under this chapter is responsible for affixing the certificate of inspection or temporary inspection approval indicator.
(i) Inspection stations may not replace a certificate of inspection to which a temporary inspection approval indicator has been affixed if one or more of the following apply:
(A) The inspection station did not perform the original inspection of the vehicle or issue the temporary inspection approval indicator affixed to the current certificate of inspection.
(B) The vehicle does not display a renewed emission certificate of inspection.
(C) The original safety certificate of inspection has expired.
(D) The vehicle is in an obviously unsafe condition, including, but not limited to, bald tires, exhaust leaks, broken glazing and broken or missing lighting.
(ii) Inspection stations may charge the posted fee for inspection of a vehicle to which a temporary inspection approval indicator has been affixed. A fee may not be charged for the temporary inspection approval indicator. The posted fee for the new certificate of inspection may only be charged when the new safety certificate of inspection is affixed to the vehicle.
(2) The surface on which the sticker is to be attached shall be wiped dry and clean of road film, grease and moisture for proper adhesion. The following apply:
(i) The glass or body surface shall be cleaned thoroughly.
(ii) The protective slip sheet shall be removed from the adhesive side of the certificate of inspection or temporary inspection approval indicator.
(iii) The sticker shall be positioned carefully, then squeezed until it is tightly affixed to the windshield, body or existing certificate of inspection.
(iv) Only the current certificate of inspection shall be visible.
(e) Certificate of inspection location. The certificate shall be located as follows:
(1) On a motor vehicle, the certificate of inspection shall be affixed in an upright position, to the extreme lower left-hand inside corner of the windshielddrivers side.
(2) On a motorcycle or a motor-driven cycle, the certificate of inspection shall be affixed in a clearly visible, upright position to one of the following areas of the vehicle:
(i) On the left sidetraffic sideof the front fork.
(ii) On the left sidetraffic sideof the front fender.
(iii) On a plate attached by weld or rivets to the left sidetraffic sideof the vehicle for purposes of mounting the certificate of inspection.
(3) The new certificate of inspection may not be placed over the old certificate of inspection. The certificate of inspection which expired or is about to expire shall be removed prior to placement of the new certificate of inspection.
(4) On trailers, the certificate of inspection shall be affixed, in an upright position, to the left fronttraffic sideof the trailer, approximately 6 feet high, if possible. The certificate may not be placed on the nose or front side of the trailer. A holder is permitted if it is in the proper location and the certificate of inspection is affixed to prevent theft or transfer to another vehicle. The new certificate of inspection may not be placed over the old certificate of inspection.
(5) The temporary inspection approval indicator shall be affixed to the top left portion of the reverse side of the existing safety certificate of inspection so as to be visible to the vehicle operator (while seated in the drivers location) without obscuring any required information entered on the back of the safety certificate of inspection.
(f) Inspection cycles. When selecting the proper type of certificate insert, the new expiration date is based upon whether the inspection is an annual or semiannual inspection.
(1) An annually inspected vehicle will receive an inspection for no more than 15 months and no less than 6 months based on the vehicles registration month and charts supplied by the Department.
(2) A semiannually inspected vehicle will receive an inspection for no more than 9 months based on charts supplied by the Department.
(3) Insert stickers will be selected based upon the expiration date on the new inspection. If the vehicle is subject to emission inspection as determined by an I/M indicator on the registration card, the vehicle will receive an I/M indicator tab on the safety certificate of inspection.
(4) A temporary inspection approval indicator shall be used to indicate that a vehicle has successfully passed the required periodic safety inspection, but shall display a renewed emission certificate of inspection before a new safety certificate of inspection sticker may be affixed to the vehicle. The temporary inspection approval indicator does not extend the expiration of any certificate of inspection to which it is affixed.
Authority The provisions of this § 175.42 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.41 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1101; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; corrected November 26, 1982, effective October 30, 1982, 12 Pa.B. 4058; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; amended December 11, 1987, effective December 12, 1987, 17 Pa.B. 5130; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221213) to (221215).
Notes of Decisions The provisions of this § 175.42 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103(a), 4107, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.42 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003; corrected March 5, 2004, effective February 7, 2004, 34 Pa.B. 1327. Immediately preceding text appears at serial pages (235233) to (235235).
Notes of Decisions As licensee, inspection station owes duty to conform to requirements of Department of Transportation regulations, and harm to members of public is not prerequisite for suspension of license where fraudulent recordkeeping is charged. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
The provisions of this § 175.43 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4103(a), 4702, 4703, 4728 and 6103.
Source The provisions of this § 175.43 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221217) to (221219).
§ 175.44. Ordering certificates of inspection.
(a) Forms. The following requisition forms shall be used to order certificates of inspection and inserts:
(1) MV-436a. For vehicles.
(2) MV-467a. For inserts and temporary inspection approval indicators.
(b) Contents. Required information shall be entered on the order form.
(1) The correct name, address and station number, as shown on the certificate of appointment, shall be entered on every requisition form.
(2) A requisition shall be personally signed by one of the persons whose signature appears on the signature card, Form MV-417. The signature shall be identical to the one on file or the requisition will be rejected. No one may order certificates of inspection unless his signature is on the signature card on file with the Department.
(c) Additional instructions. The following also apply:
(1) When special delivery is desired, a separate check shall be enclosed for postage. Do not enclose cash or add the amount for postage to the check for certificates of inspection.
(2) Each sticker requisition shall be accompanied by a separate check. Certificates of inspection may be ordered on one requisition form. Checks shall be made payable to the Department of Transportation or PENNDOT.
(3) A requisition may be a snap-out form with two sheets in each set. A copy shall be forwarded to the Department. No copy may be detached.
(4) Orders for certificates of inspection shall be for multiples of 25, with a minimum of 50 certificates, except that Commonwealth and fleet inspection stations shall order a minimum of 25 certificates.
(5) An incomplete or improper certificate of inspection requisition or check shall be returned to the official inspection station for correction. To avoid unnecessary inconvenience or delay, information shall be rechecked carefully.
(6) If certificates of inspection are to be delivered to a mailing address instead of the inspection station address, the mailing address shall be included on every requisition submitted to the Department.
(d) Copies. A copy of the requisition or a Department receipt will be returned with the order of certificates of inspection shipped from the Department. Station copies of the requisitions or Department receipts shall be kept on file at the station for 2 years and shall be made available for inspection upon request of the inspection station supervisor or an authorized representative of the Department.
(e) Suggested schedule. Certificates of inspection should be ordered as needed. Thirty days should be allowed for delivery.
(f) Additional certificates. An inspection station should anticipate its need for additional certificates of inspection.
Authority The provisions of this § 175.44 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.44 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective October 30, 1982, 12 Pa.B. 3859; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial pages (221219) to (221220).
§ 175.45. Violation of use of certificate of inspection.
A person may not do any of the following:
(1) Make, issue, transfer or possess an imitation or counterfeit of an official certificate of inspection or temporary inspection approval indicator and shall be sanctioned consistent with 75 Pa.C.S. § 4730(c) (relating to penalty).
(2) Display or cause to be displayed on a vehicle or have in his possession a certificate of inspection or temporary inspection approval indicator knowing it is fictitious, stolen, issued for another vehicle or issued without an inspection having been made and shall be sanctioned consistent with the provisions of 75 Pa.C.S. § 4730(c) (relating to penalty).
(3) Furnish, loan, give or sell certificates of inspection and approval to another official inspection station or another person except upon an inspection made in accordance with this chapter. See 75 Pa.C.S. § 4730(b).
Authority The provisions of this § 175.45 amended under the Vehicle Code, 75 Pa.C.S. § § 4101, 4702, 4703, 4706(e), 4728 and 6103.
Source The provisions of this § 175.45 adopted July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003. Immediately preceding text appears at serial page (221220).
Subchapter D. SCHEDULE OF PENALTIES AND SUSPENSIONS:
OFFICIAL INSPECTION STATIONS AND CERTIFIED MECHANICS
Sec.
175.51. Cause for suspension.
175.52. Reapplication.
Cross References The provisions of this § 175.51 amended under the Vehicle Code, 75 Pa.C.S. § § 4103(a), 4702 and 6103.
Source The provisions of this § 175.51 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended June 1, 1984, effective June 2, 1984, 14 Pa.B. 1874; amended June 6, 1986, effective July 1, 1986, 16 Pa.B. 2023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962. Immediately preceding text appears at serial pages (153606) to (153610) and (166419) to (166421).
Notes of Decisions Checks issued by service station which were drawn on accounts which had sufficient funds but were frozen by the IRS were bad checks and a proper basis upon which the service stations certification as an official inspection station was suspended, since bad checks encompass any check which is uncollectible. Department of Transportation v. Phil Turners Service Centers, 593 A.2d 442 (Pa. Cmwlth. 1991).
Careless recordkeeping is a lesser included offense of improper recordkeeping and no due process violation resulted from a finding of liability for lesser included offense in that accused was informed of substance of charge with reasonable certainty. Department of Transportation v. Tutt, 576 A.2d 1186 (Pa. Cmwlth. 1990).
One year suspension of inspection privileges was warranted where service station owner furnished certificate without inspection by affixing inspection certificate to dump truck and permitted owner to remove truck from station before bringing the vehicle into compliance with the vehicle code. Department of Transportation v. DiMichele, 575 A.2d 678 (Pa. Cmwlth. 1990).
Evidence supported finding owner strictly liable for actions of inspection station employes who altered the safety and emissions stickers; however, Department committed error by failure to consider point system penalty alternative. Strickland v. Department of Transportation, 574 A.2d 110 (Pa. Cmwlth. 1990).
Element of fraud or deceit essential to charge of fraudulent recordkeeping requires inquiry into whether recordkeeping entry was false, entered intentionally and with the purpose of deceiving; where entry was made to cover up an error, fraud existed. Department of Transportation v. Midas Muffler Shop, 529 A.2d 91 (Pa. Cmwlth. 1987).
Fraud and deceit are elements of fraudulent recordkeeping rather than of improper or careless recordkeeping. Department of Transportation v. Cappo, 527 A.2d 190 (Pa. Cmwlth. 1987).
Applying the Statutory Construction Act of 1972, 1 Pa.C.S. § 1921(a), the Commonwealth Court found that improper is defined as not accordant with fact, truth or right procedure, i.e. incorrect, inaccurate, while careless is defined as not taking ordinary or proper care, i.e., neglectful, inattentive. Department of Transportation v. Cappo, 527 A.2d 190 (Pa. Cmwlth. 1987).
The word subsequent as employed in subsection (c) means numbers which come after 2 not later in time, and permanent suspension was properly imposed based on single audit discovery of 104 fraudulent recordkeeping violations. The Department when considering multiple violations in a single case must impose separate penalties for each violation but has discretion in deciding whether any suspension shall run concurrently. McDonough v. Commonwealth, 489 A.2d 295 (Pa. Cmwlth. 1985).
Receipt of a letter charging an owner of an inspection station with fraudulent record keeping puts that owner on constructive notice that the charge is of the same nature as a previous charge of fraudulent record keeping, and this section specifically delineated what constituted violations thus justifying imposition of a 3-year suspension even though the letter containing the second charge did not specify that the second offense was of the same nature as the first offense. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
There was no error in the trial courts determination that maintaining inspection records with some missing information did not constitute faulty inspection or fraudulent record keeping under 67 Pa. Code § 175.221(8)(ii) and (iv) (now 67 Pa. Code § 175.51(a)). Department of Transportation v. Sortino, 462 A.2d 925 (Pa. Cmwlth. 1983).
The trial court, upon finding facts different from the Bureau, may properly revise a penalty assessed by the Bureau under subsection (d). Department of Transportation v. Sortino, 462 A.2d 925 (Pa. Cmwlth. 1983).
A suspension for a violation of fraudulent record keeping under this section precludes using that record keeping as a basis for a violation of faulty inspection and resultant further suspension under this section. Department of Transportation v. Sortino, 462 A.2d 925 (Pa. Cmwlth. 1983).
The evidence for a violation for fraudulent record keeping under 67 Pa. Code § 175.221(1) (now 67 Pa. Code § 175.51) can not be used as a basis for suspension on the more general violation of faulty inspection, because they are two, separate violations of the Vehicle Code. A suspension for a violation of fraudulent record keeping under 67 Pa. Code § 175.221(1) (now 67 Pa. Code § 175.51) precludes using that record keeping as a basis for a violation of faulty inspection and resultant further suspension under subsection (1). Department of Transportation v. Sortino, 462 A.2d 925 (Pa. Cmwlth. 1983).
In holding an inspection station owner responsible for his employe mechanics violation of 67 Pa. Code § 175.28, the court noted that this section provides the proper penalties for faulty inspections. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
The Departments supension of an inspection stations certificate of appointment and of a mechanics inspection certification under 67 Pa. Code § 175.51 (formerly numbered § 175.221) was not an abuse of discretion where the station did not provide supervision of the employe who committed the offense. Kerbeck v. Department of Transportation, 459 A.2d 908 (Pa. Cmwlth. 1983).
The Departments failure to provide records for discovery of any previous violations by an inspection station, such documents to provide the basis for claiming entitlement to a warning in lieu of a suspension upon a first offense under 67 Pa. Code § 176.22, is sufficient grounds to allow default judgment to be granted against the Department. Commonwealth v. Redek Auto Service, 458 A.2d 614 (Pa. Cmwlth. 1983).
The Department has not erred if it treats two violations as separate offenses even though such violations were both discovered during the same Department inspection of the inspection station. Masqueliers Service v. Department of Transportation, 454 A.2d 1193 (Pa. Cmwlth. 1983).
Incorrectly recording the vehicle registration number of and issuing an inspection sticker to a vehicle with various impermissible conditions is evidence of careless recordkeeping and faulty inspection under 67 Pa. Code § 175.51 (formerly numbered § 175.221) and is cause for suspension of automobile inspection privileges, Gula v. Department of Transportation. 451 A.2d 807 (Pa. Cmwlth. 1982).
§ 175.52. Reapplication.
After a suspension has been served, inspection privileges will not be restored until an application for reappointment has been received by the Department. Upon receipt of an application for reappointment following suspension of 3 months or more, a complete and thorough investigation by the inspection station supervisor will be conducted to determine if applicant qualifies for reappointment under Subchapter B (relating to official inspection stations). Other applications for reappointment are subject to investigation at the discretion of the Department. The station shall submit an application for appointment 30 days prior to the restoration date to ensure timely restoration.
Source The provisions of this § 175.52 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended June 6, 1986, effective July 1, 1986, 16 Pa.B. 2023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (122838) and (122839).
Cross References This section cited in 67 Pa. Code § 175.51 (relating to cause for suspension).
§ 175.53. [Reserved].
Source The provisions of this § 175.53 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (59759) to (59760) and (56796) to (56831).
Subchapter E. PASSENGER CARS AND LIGHT TRUCKS
Sec.
175.61. Application of subchapter.
175.62. Suspension.
175.63. Steering.
175.64. Braking systems.
175.65. Tires and wheels.
175.66. Lighting and electrical systems.
175.67. Glazing.
175.68. Mirrors.
175.69. Windshield defrosters.
175.70. Windshield washers.
175.71. Windshield wipers.
175.72. Fuel systems.
175.73. Speedometers.
175.74. Odometers.
175.75. Exhaust systems.
175.76. Horns and warning devices.
175.77. Body.
175.78. Chassis.
175.80. Inspection procedure.
175.81. [Reserved].
175.82. [Reserved].
175.83. [Reserved].
Cross References This subchapter cited in 67 Pa. Code § 175.202 (relating to conditions); 67 Pa. Code § 175.204 (relating to tires); and 67 Pa. Code § 175.209 (relating to chassis).
§ 175.61. Application of subchapter.
Equipment standards set forth in this subchapter apply to passenger cars and light trucks driven on highways.
Source The provisions of this § 175.61 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (107997).
§ 175.62. Suspension.
Every suspension component shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
Source The provisions of this § 175.62 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (107997).
§ 175.63. Steering.
(a) Condition of steering components. The steering assembly and steering mechanism shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Steering wheel. The steering wheel, except if specially designed for handicapped drivers, shall be equivalent to original equipment in material strength and have a minimum outside diameter of 13 inches.
Source The provisions of this § 175.63 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended July 31, 1981, effective August 1, 1981, 11 Pa.B. 2686; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (107998).
§ 175.64. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Service brakes. A vehicle specified under this subchapter shall be equipped with a service brake system. See 75 Pa.C.S. § 4502 (relating to general requirements for braking systems).
(1) The service brakes shall act on all wheels upon application and shall be capable of stopping a vehicle in not more than the maximum stopping distance prescribed in Table I (relating to brake performance), except on a vehicle being transported in driveaway-towaway operation.
(2) The brake lining and brake fluids shall be of a type approved by the vehicle manufacturer or shall meet the Society of Automotive Engineers (SAE) standards in Appendix A (relating to minimum requirements for motor vehicle brake liningSAE J998).
(3) A passenger car manufactured or assembled after June 30, 1967, and designated as a 1968 or later model shall be equipped with a service brake system of a design that rupture or failure of either the front or rear brake system will not result in the complete loss of braking function. Braking function may be obtained by hydraulic or other means through a normal brake mechanism. In the event of a rupture or failure of an actuating force component, the unaffected brakes shall be capable of applying adequate braking force to vehicle.
(4) Metal from a shoe may not contact the brake drums or rotors.
(5) Brake lines shall be approved for use as brake lines.
(c) Parking brake system. A vehicle specified under this subchapter shall be equipped with a parking brake system. See 75 Pa.C.S. § 4502.
(1) A parking brake system shall be adequate to hold the vehicle on a surface free from ice or snow on a 20% grade with the vehicle in neutral.
(2) The parking brakes shall be separately actuated so that failure of any part of the service brake actuation system will not diminish the vehicles parking brake holding capability.
Authority The provisions of this § 175.64 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.64 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221229) to (221230).
§ 175.65. Tires and wheels.
(a) Condition of tires and wheels. Tires and wheels shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Tire standards. A vehicle specified under this subchapter shall have tires manufactured in conformance with standards in Chapter 159 (relating to new pneumatic tires). See 75 Pa.C.S. § 4525 (relating to tire equipment and traction surfaces). Tires with equivalent metric size designations may be used.
(c) Radial ply tires. A radial ply tire may not be used on the same axle with a bias or belted tire.
(d) Different types of tires. Tires of different types, such as one snow tire and one regular tire or bias, belted or radial tire, may not be used on the same axle except in an emergency.
(e) Nonpneumatic tires. A passenger car or light truck operated on highway may not be equipped with nonpneumatic tires except an antique vehicle with nonpneumatic tires if originally equipped by the manufacturer.
(f) Ice grips or studs. A tire may not be equipped with ice grips or tire studs or wear-resisting material which have projections exceeding 2/32 inch beyond the tread of the traction surface of the tire.
(g) Tires and rims. The axles of a vehicle specified under this subchapter shall be equipped with the number and type of tires and rims with a load rating equal to or higher than those offered by the manufacturer.
(h) Spacers. Spacers or similar devices thicker than 1/4 inch may not be installed to increase wheel track.
Authority The provisions of this § 175.65 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.66 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.66 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221231) to (221234).
Notes of Decisions Position of Lamps
The facts sufficed to give the police officer reasonable suspicion that the motorists vehicle violated the Motor Vehicle Codes directive that all vehicles must conform to the Department of Transportations regulations, which limit to 4 inches the distance a headlight may deviate from center, where the evidence established, among other damage, that the motorists headlights were askew approximately 6 inches, a deviation first noticed by the officer from about a football fields length away and confirmed when he slowly drove by the motorist at close range. Commonwealth v. Hynes, 730 A.2d 960 (Pa. Super. 1999).
§ 175.67. Glazing.
(a) Condition of glazing. Glazing shall meet the requirements of Chapter 161 (relating to glazing materials). See 75 Pa.C.S. § 4526 (relating to safety glass).
(b) Safety glazing. A vehicle specified under this subchapter shall be equipped with safety glazing in all windshields, windows and wings. The requirements of this subsection do not apply to a vehicle manufactured or assembled before January 1, 1934, if the original glazing is not cracked or discolored.
(c) Stickers. Stickers shall be located as follows:
(1) Truck weight classification stickertrucks onlyshall be affixed to lower left hand corner of the windshield to the immediate right of the certificate of inspection.
(2) The following stickers are authorized to be affixed to windshield or windows, as indicated:
(i) Out-of-State inspection stickers, tax stamps, road use permits or other government-related permitsmunicipalities and statesmay be placed at the lower left or right-hand corner of the windshield.
(ii) A Delaware River Port Authority Bridge Travel Permit may be affixed to the left rear window. This permit is 2-1/4 inches by 4-1/4 inches and is an automatic triggering device for passing vehicles through toll gates on a bridge.
(iii) The suggested manufacturers retail price sheet may be affixed to a new vehicle of a dealer. These labels are permitted only on the lower portion of a side window, as far to the rear of a vehicle as possible. When the vehicle is sold, this label shall be removed.
(d) Obstructions. A vehicle specified under this subchapter shall have glazing free from obstructions as described in § 175.80 (relating to inspection procedure).
(1) With the exception of materials in paragraph (4), signs, posters or other materials whose design prevents a driver from seeing through the material may not be placed on the windshield, a side wing, a side window or rear window so as to obstruct, obscure or impair the drivers clear view of the highway or an intersecting highway. Under FMVSS No. 205, these restrictions do not apply to the rear side windows, rear wings or rear window of trucks or multipurpose passenger vehicles.
(2) With the exception of materials in paragraph (4), signs, posters or other materials whose design prevents a driver from seeing through the material may not be placed on a rear side window, rear wing or rear window of a passenger car which either covers more than 20% of the exposed portion of the windows or wings, or extends more than 3 1/2 inches above the lowest exposed portion of the windows or wings.
(3) This subsection also applies to glass etchings, except those used for vehicle identification.
(4) A sun screening device or other material which does not permit a person to see or view the inside of the vehicle is prohibited, unless otherwise permitted by FMVSS No. 205, or a certificate of exemption has been issued in compliance with § 175.265 (relating to exemption provisions). See Table X for specific requirements for vehicles subject to this subchapter. Passenger car requirements relating to the rear window are delineated by vehicle model year in Table X.
(5) Vehicles specified under this subchapter may not have an obstruction forward of the windshield which extends more than 2 inches upward into the horizontally projected vision area of the windshield with the exception of windshield wiper components.
Authority The provisions of this § 175.67 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4524 and 6103.
Source The provisions of this § 175.67 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221234) to (221235).
Cross References The provisions of this § 175.68 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524 and 6103.
Source The provisions of this § 175.68 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132870) to (132871).
Cross References This section cited in 67 Pa. Code § 175.80 (relating to inspection procedure).
§ 175.69. Windshield defrosters.
Every windshield defroster system shall be in safe operating condition.
Source The provisions of this § 175.69 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77509).
§ 175.70. Windshield washers.
A windshield washer system shall be installed and in safe operating condition on passenger cars and light trucks manufactured after 1968.
Source The provisions of this § 175.70 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77509).
§ 175.71. Windshield wipers.
(a) Condition of windshield wipers. A wiper system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Cleaning. A vehicle specified under this subchapter shall be equipped with a wiper system capable of cleaning rain, snow and other moisture from windshield and constructed so as to be operated by a switch conveniently located for use by the driver while in normal operating position.
(1) Wipers shall operate as specified by the manufacturer or a minimum of 45 cycles per minute if not specified.
(2) A vehicle specified under this subchapter originally equipped with two wiper blades and two wiper armsdriver and passenger sideshall have them in place and in good working order.
Source The provisions of this § 175.71 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77509) and (85995).
§ 175.72. Fuel systems.
(a) Condition of fuel systems. All components in a fuel system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Fuel system requirements. The fuel system components shall be leakproof and shall be fastened securely to the vehicle with fasteners designed for that purpose.
(c) Accelerator operation. An accelerator control system shall return the engine throttle to the idle position when the operator removes the actuating force from the accelerator control.
(d) Filler cap. A fuel system shall be equipped with a filler cap.
(e) Alternate fuel systems. See Subchapter M (relating to alternate fuel systems and controls).
Source The provisions of this § 175.72 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85995).
§ 175.73. Speedometers.
A vehicle specified under this subchapter shall have an operating speedometer calibrated to indicate miles per hour or kilometers per hour.
Source The provisions of this § 175.73 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85995).
§ 175.74. Odometers.
A vehicle specified under this subchapter, except a motor vehicle at least 25 years old, shall have an operating odometer calibrated to indicate total miles or kilometers driven.
Source The provisions of this § 175.74 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85995).
§ 175.75. Exhaust systems.
(a) Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Exhaust system requirements. A vehicle specified under this subchapter shall be constructed, equipped, maintained and operated to prevent engine exhaust gases from penetrating and collecting in any part of the vehicle occupied by the driver or a passenger, in addition to requirements of this title for an emission control system and smoke control for a diesel-powered vehicle.
(1) A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.
(2) The exhaust system of a vehicle may not be modified in a manner which will amplify or increase noise emitted by the motor of a vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).
(3) Headers and side exhaust are permitted if the vehicle meets the requirements of this section.
(4) An exposed exhaust system shall be equipped with an adequate heat shield or protective system.
(5) An exhaust system shall extend and discharge completely to the outside edge of the vehicle body, including a truck bed, or as originally designed.
(6) A firefighting vehicle is exempt from regulations concerning exhaust systems, mufflers and noise control.
Authority The provisions of this § 175.75 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.75 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221238) to (221239).
§ 175.76. Horns and warning devices.
(a) Condition of horns and warning devices. All components of a horn or warning device shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Horn and warning device requirements. A vehicle specified under this subchapter shall have a horn or other warning device which is audible under normal conditions at a distance of not less than 200 feet. No vehicle shall be equipped with a siren, bell, whistle or similar device emitting an unreasonably loud or harsh sound except emergency vehicles and vehicles equipped with an anti-theft device.
Source The provisions of this § 175.76 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (85996).
§ 175.77. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).
(b) Fenders. The wheels of a vehicle specified under this subchapter shall be equipped with fenders of a type used as original equipment. A tire may not come in contact with the body, fenders or chassis of the vehicle.
(c) Hood and hood latches. The entire motor compartment of a vehicle specified under this subchapter shall be covered by a hood. The hood shall be equipped with a double latch system to hold it in the closed position if the hood was originally so equipped.
(d) Protruding objects. There may be no torn metal, glass or other loose or dislocated parts protruding from the body of the vehicle.
(e) Fender flares. A vehicle may be equipped with fender flares not to exceed 3 inches.
(f) Doors. A vehicle specified under this subchapter shall be equipped with doors of a type used as original equipment. The doors shall open and close securely unless the vehicle has been manufactured or modified to the extent that there is no roof or side. Tailgates, except on vehicles where the tailgate gives access to the passenger compartment, may be replaced with wood planking, nets or other material that will prevent loss of load. Tailgates may be removed when optional equipment, for example a truck camper, is added.
Authority The provisions of this § 175.77 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.78 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.80 amended under Vehicle Code,
Source The provisions of this § 175.80 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; delayed February 11, 1983, 13 Pa.B. 708 except subsection (d)(1)(ix), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. The effective date of the following provisions are postponed indefinitely: subsection (a)(5)(v) and (8)(iii) and (iv); and subsection (b)(7)(iv); amended November 26, 2003, effective November 29, 2003, 33 Pa.B. 5823. Immediately preceding text appears at serial pages (255491) to (255492), (250355) to (250362) and (261439).
Notes of Decisions The testimony of two licensed inspection mechanics on reinspection of a vehicle that at least one of a vehicles shock absorbers was broken and that the condition existed at the time of the original inspection was substantial evidence upon which revocation of a certificate could be based. Kot v. Department of Transportation, 562 A.2d 1019 (Pa. Cmwlth. 1989); appeal denied 575 A.2d 117 (Pa. 1990).
Department acted properly in suspending certifications of inspection station and of inspection mechanic where mechanic accepted an affidavit of lost or stolen registration in lieu of the registration card or title which under 75 Pa.C.S. § 4727(a) and subsection (a), must be examined. Smith v. Department of Transportation, 502 A.2d 791 (Pa. Cmwlth. 1986).
A mechanics actions in driving vehicles without a valid drivers license during an inspection is within the scope of his employment because subsection (e) of this section requires a road test to be performed with every inspection. Department of Transportation v. Stahl, 460 A.2d 1223 (Pa. Cmwlth. 1983).
Headlamps
The facts sufficed to give the police officer reasonable suspicion that the motorists car violated the Motor Vehicle Codes directive that all vehicles must conform to the Department of Transportations regulations, which limit to 4 inches the distance a headlight may deviate from center, where the evidence established, among other things, the motorists headlights were askew approximately six inches, a deviation first noticed by the officer from about a football fields length away and confirmed when he slowly drove by the motorist at close range. Commonwealth v. Hynes, 730 A.2d 960 (Pa. Super. 1999).
Cross References This section cited in 67 Pa. Code § 175.62 (relating to suspension); 67 Pa. Code § 175.63 (relating to steering); 67 Pa. Code § 175.64 (relating to braking systems); 67 Pa. Code § 175.65 (relating to tires and wheels); 67 Pa. Code § 175.66 (relating to lighting and electrical systems); 67 Pa. Code § 175.67 (relating to glazing); 67 Pa. Code § 175.68 (relating to mirrors); 67 Pa. Code § 175.71 (relating to windshield wipers); 67 Pa. Code § 175.72 (relating to fuel systems); 67 Pa. Code § 175.75 (relating to exhaust systems); 67 Pa. Code § 175.76 (relating to horns and warning devices); 67 Pa. Code § 175.77 (relating to body); 67 Pa. Code § 175.78 (relating to chassis); 67 Pa. Code § 175.203 (relating to braking systems); 67 Pa. Code § 175.206 (relating to glazing); 67 Pa. Code § 175.207 (relating to mirrors); and 67 Pa. Code § 175.208 (relating to body).
§ 175.81. [Reserved].
Source The provisions of this § 175.81 adopted December 2, 1978, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862. Immediately preceding text appears at serial page (73469).
§ 175.82. [Reserved].
Source The provisions of this § 175.82 adopted December 2, 1978, effective February 1, 1978, 7 Pa.B. 3499; amended July 31, 1981, effective August 1, 1981, 11 Pa.B. 2686; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862. Immediately preceding text appears at serial pages (73470), (56858) to (56859) and (63705).
§ 175.83. [Reserved].
Source The provisions of this § 175.83 adopted December 2, 1978, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended July 31, 1981, effective August 1, 1981, 11 Pa.B. 2686; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862. Immediately preceding text appears at serial pages (63705), (56862) to (56865), (63711) to (63712) and (73471).
Subchapter F. MEDIUM AND HEAVY TRUCKS AND BUSES
Sec.
175.91. Application of subchapter.
175.92. Suspension.
175.93. Steering.
175.94. Braking systems.
175.95. Tires and wheels.
175.96. Lighting and electrical systems.
175.97. Glazing.
175.98. Mirrors.
175.99. Windshield defrosters.
175.100. Windshield washers.
175.101. Windshield wipers.
175.102. Fuel systems.
175.103. Speedometers.
175.104. Odometers.
175.105. Exhaust systems.
175.106. Horns and warning devices.
175.107. Body.
175.108. Chassis.
175.110. Inspection procedure.
175.112. [Reserved].
175.113. [Reserved].
Cross References This subchapter cited in 67 Pa. Code § 175.202 (relating to conditions); 67 Pa. Code § 175.204 (relating to tires); and 67 Pa. Code § 175.209 (relating to chassis).
§ 175.91. Application of subchapter.
Equipment standards in this subchapter apply to medium and heavy trucks, buses and school buses driven on highways.
Authority The provisions of this § 175.91 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.91 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221252).
§ 175.92. Suspension.
Every suspension component shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
Source The provisions of this § 175.92 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (125249).
§ 175.93. Steering.
(a) Condition of steering components. The steering assembly and steering mechanism shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Steering wheel. The steering wheel, except if specially designed for handicapped drivers, shall be equivalent to original equipment in material strength and have a minimum outside diameter of 13 inches.
Source The provisions of this § 175.93 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (125249).
§ 175.94. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Service brakes. Every medium and heavy truck, bus and school bus shall be equipped with a service brake system. See 75 Pa.C.S. § 4502 (relating to general requirements for braking systems).
(1) The service brakes shall act on all wheels upon application except for the following:
(i) On interconnected dual wheels, the brakes may act upon only one wheel.
(ii) A motor vehicle being towed in driveaway-towaway operation.
(iii) The steering axle of a truck or truck-tractor having three or more axles was manufactured before July 25, 1980. The steering axle of truck or truck-tractor having three or more axles manufactured between July 24, 1980 and October 27, 1986 shall be equipped with functioning service brakes not later than February 26, 1988.
(2) Service brakes, when required, shall be capable of stopping the vehicle in not more than the maximum stopping distance prescribed in Table I (relating to brake performance).
(3) Surge or inertia type brake systems are authorized.
(4) The brake lining and brake fluids shall be of a type approved by the vehicle manufacturer or shall meet the Society of Automotive Engineers (SAE) standards (J998, January 1980)see Appendix A (relating to minimum requirements for motor vehicle brake liningsSAE J998).
(5) A vehicle specified under this subchapter manufactured or assembled after June 30, 1967 and designated as a 1968 or later model shall be equipped with a service brake system of a design that rupture or failure of either the front or rear brake system will not result in the complete loss of braking function. Braking function may be obtained by hydraulic or other means through a normal brake mechanism. In the event of a rupture or failure of an actuating force component, the unaffected brakes shall be capable of applying an adequate braking force to the vehicle.
(6) Metal from the shoe may not contact the brake drums or rotors.
(7) If a vehicle has air brakes, warning signal devices or gauges, it shall be maintained in proper operating condition, as described in § 175.110.
(8) A vehicle to which additional axles and wheels have been added shall be equipped with brakes on all additional wheels.
(9) An air chamber push rod travel may not exceed the manufacturers specifications maximum stroke allowance. See Chart 4 (relating to brake chamber push rod travel (typical)) for a drawing of the air chamber push rod.
(10) Brake lines shall be approved for use as brake lines.
(c) Parking brake system. A vehicle specified under this subchapter shall be equipped with a parking brake system. See 75 Pa.C.S. § 4502.
(1) The parking brake system shall be adequate to hold the vehicle on a surface free from ice or snow on a 20% grade with the vehicle in neutral.
(2) The parking brakes shall be separately actuated so that failure of any part of the service brake actuation system does not diminish the vehicles parking brake holding capability.
Authority The provisions of this § 175.94 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.94 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; subsection (b)(1) superseded March 27, 1987, 17 Pa.B. 1306; amended March 25, 1988, effective March 26, 1988, 18 Pa.B. 1368; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221252) to (221254).
§ 175.95. Tires and wheels.
(a) Condition of tires and wheels. Tires and wheels shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Tire standards. A vehicle specified under this subchapter shall have tires manufactured in conformance with standards contained in Chapter 159 (relating to new pneumatic tires). See 75 Pa.C.S. § 4525 (relating to tire equipment and traction surfaces). Tires with equivalent metric size designations may be used.
(c) Radial ply tires. A radial ply tire may not be used on the same axle with a bias or belted tire.
(d) Different types of tires. Tires of different types and sizes, such as one snow tire and one regular tire or bias, belted or radial tires, may not be used on the same axle except in an emergency.
(e) Nonpneumatic tires. A vehicle specified under this chapter operated on highways may not be equipped with nonpneumatic tires, except an antique vehicle with nonpneumatic tires if originally equipped by the manufacturer.
(f) Ice grips or studs. A tire may not be equipped with ice grips or tire studs of wear-resisting material which have projections exceeding 2/32 inch beyond the tread of the traction surface of the tire.
(g) Tires and rims. The axles of a vehicle specified under this subchapter shall be equipped with the number and type of tires and rims with a load rating equal to or higher than those offered by the manufacturer.
(h) Exceptions. Subsection (b), insofar as it requires tires to conform to the vehicle manufacturers specifications as to tire size, and subsection (g) are not applicable if the Department has issued a permit under 75 Pa.C.S. § 4969 (relating to permit for movement of vehicles with oversize wheels and tires) authorizing the vehicle to be operated with oversize wheels and tires.
Authority The provisions of this § 175.95 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.96 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.96 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221255) to (221257).
§ 175.97. Glazing.
(a) Condition of glazing. Glazing shall meet the requirements of Chapter 161 (relating to glazing materials). See 75 Pa.C.S. § 4526 (relating to safety glass).
(b) Safety glazing.
(1) A vehicle specified under this subchapter shall be equipped with safety glazing in all windshields, windows and wings. Requirements of this subsection do not apply to a vehicle manufactured or assembled before January 1, 1934, if the original glazing is not cracked or discolored.
(2) Rigid plastic glazing may be used in doors and windows of buses except windshields and windows to the immediate right or left of the driver.
(c) Stickers.
(1) Truck weight classification stickerstrucks onlyshall be affixed to the lower left-hand corner of the windshield to the immediate right of the certificate of inspection.
(2) The following stickers are authorized to be affixed to the windshield or windows as indicated:
(i) Out-of-State inspection stickers, school bus stickers, tax stamps, road use permits or other government-related permitsmunicipalities and statesmay be placed at the lower left- or right-hand corner of the windshield.
(ii) A Delaware River Port Authority Bridge Travel Permit may be affixed to the left rear window. This permit is 2 1/4 inches by 4 1/4 inches and is an automatic triggering device for passing vehicles through toll gates on bridges.
(iii) The suggested manufacturers retail price sheet may be affixed to a new vehicle of a dealer. These labels are permitted only on the lower portion of a side window, as far to the rear of the vehicle as possible. When the vehicle is sold, this label shall be removed.
(d) Obstructions. A vehicle specified under this subchapter shall have glazing free from obstructions as described in § 175.110 (relating to inspection procedure).
(1) With the exception of materials in paragraph (3), signs, posters or other materials, whose design prevents a driver from seeing through the material, may not be placed on the windshield or a side wing or a side window so as to obstruct, obscure or impair the drivers clear view of the highway or an intersecting highway. Under FMVSS No. 205, these restrictions do not apply to the rear side windows, rear wings or rear window.
(2) The requirements of this subsection also apply to glass etchings, except those used for vehicle identification.
(3) A sun screening device or other material which does not permit a person to see or view the inside of the vehicle is prohibited unless otherwise permitted by FMVSS No. 205, or a certificate of exemption has been issued in compliance with § 175.265 (relating to exemption provisions). See Table X for specific requirements for vehicles subject to this subchapter.
Authority The provisions of this § 175.97 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524 and 6103.
Source The provisions of this § 175.97 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132893) to (132894).
Cross References The provisions of this § 175.98 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4524 and 6103.
Source The provisions of this § 175.98 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221259) to (221260).
Cross References This section cited in 67 Pa. Code § 175.110 (relating to inspection procedure).
§ 175.99. Windshield defrosters.
The windshield defroster system shall be in safe operating condition.
Source The provisions of this § 175.99 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77529).
§ 175.100. Windshield washers.
The windshield washer system shall be installed and in safe operating condition on medium and heavy trucks and buses manufactured after 1968.
Source The provisions of this § 175.100 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (17529).
§ 175.101. Windshield wipers.
(a) Condition of windshield wipers. The wiper system shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Cleaning. A vehicle specified under this subchapter shall be equipped with a wiper system, capable of cleaning rain, snow and other moisture from the windshield and constructed so as to be operated by a switch conveniently located for use by the driver while in normal operating position.
(1) Wipers shall operate as required by the manufacturer, or a minimum of 45 cycles per minute if not specified.
(2) A vehicle specified under this subchapter originally equipped with two wiper blades and two wiper armsdriver and passenger sideshall have them in place and in good working order.
Source The provisions of this § 175.101 adopted June 5, 1981, effective June 6, 1981, 11 Pa.B. 1941; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77529).
§ 175.102. Fuel systems.
(a) Condition of fuel systems. All components in a fuel system shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Fuel system requirements. Fuel system components shall be leakproof and shall be fastened securely to the vehicle with fasteners designed for that purpose.
(c) Accelerator operation. An accelerator control system shall return the engine throttle to the idle position when the operator removes the actuating force from accelerator control.
(d) Filler cap. A fuel system shall be equipped with a filler cap.
(e) Alternate fuel systems. See Subchapter M (relating to alternate fuel systems and controls).
Source The provisions of this § 175.102 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended June 5, 1981, effective June 6, 1981, 11 Pa.B. 1941; amended December 4, 1981, effective December 5, 1981, 11 Pa.B. 4197; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86003).
§ 175.103. Speedometers.
A vehicle specified under this subchapter shall have an operating speedometer calibrated to indicate miles per hour or kilometers per hour.
Source The provisions of this § 175.103 adopted June 5, 1981, effective June 6, 1981, 11 Pa.B. 1941; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86003).
§ 175.104. Odometers.
A vehicle specified under this subchapter shall have an operating odometer calibrated to indicate total miles or kilometers driven, except a motor vehicle at least 25 years old or a vehicle over 17,000 pounds registered gross weight.
Source The provisions of this § 175.104 adopted June 5, 1981, effective June 6, 1981, 11 Pa.B. 1941; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86003).
§ 175.105. Exhaust systems.
(a) Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Exhaust system requirements. A vehicle specified under this subchapter shall be constructed, equipped, maintained and operated to prevent engine exhaust gases from penetrating and collecting in any part of the vehicle occupied by the driver or a passenger, in addition to the requirements of this title for emission control systems and smoke control for a diesel-powered vehicle.
(1) A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device, and a muffler may not show evidence of external repair.
(2) The exhaust system of a vehicle may not be modified in a manner which will amplify or increase noise emitted by the motor of a vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).
(3) Headers and side exhaust are permitted if the vehicle meets the requirements of this section.
(4) An exposed exhaust system shall be equipped with an adequate heat shield or protective system.
(5) An exhaust system shall extend and discharge completely to the outside edge of the vehicle body, including a truck bed, or as originally designed, except for the following:
(i) Heavy trucks or truck tractors. The exhaust system of every heavy truck and truck tractor shall discharge to the atmosphere at a location to the rear of the cab or, if the exhaust projects above the cab, at a location near the rear of the cab.
(ii) Gasoline powered buses, including school buses. The exhaust system of a bus powered by a gasoline engine shall discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus. Until June 15, 1998, the tailpipe of school buses may extend to, but not beyond the body limits on the left side of the school bus within 60 inches of the left rear wheel as measured from the center of the wheel axis.
(iii) Buses, including school buses, powered by fuels other than gasoline. The exhaust system of a bus using fuels other than gasoline shall discharge to the atmosphere either at or within 15 inches forward of the rearmost part of the vehicle; or to the rear of all doors or windows designed to be opened, except windows designed to be opened solely as emergency exits. Until June 15, 1998, the tailpipe of school buses may extend to, but not beyond the body limits on the left side of the school bus within 60 inches of the left rear wheel as measured from the center of the wheel axis.
(c) Exemption. A firefighting vehicle is exempt from this section.
Authority The provisions of this § 175.105 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.105 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. The effective date of the following provision is postponed indefinitely: subsection (b)(5)(i)(iii), 29 Pa.B. 2460 and 2577; the Department has determined the effective date for § 175.105(b)(5)(ii) and (iii) as August 1, 2001, 30 Pa.B. 3794. Immediately preceding text appears at serial pages (250376) and (255495).
§ 175.106. Horns and warning devices.
(a) Condition of horns and warning devices. Components of a horn or warning device shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Horn and warning device requirements. A vehicle specified under this subchapter shall have a horn or other warning device which is audible under normal conditions at a distance of not less than 200 feet. No vehicle shall be equipped with a siren, bell, whistle or similar device emitting an unreasonably loud or harsh sound, except emergency vehicles and vehicles equipped with an antitheft device.
Source The provisions of this § 175.106 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86004).
§ 175.107. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § 175.110 (relating to inspection procedure).
(b) Fenders. The wheels of a vehicle specified under this subchapter shall be equipped with fenders of a type used as original equipment. A tire may not come in contact with the body, fenders or chassis of the vehicle, at any time.
(c) Hood and hood latches. The entire motor compartment of a vehicle specified under this subchapter shall be covered by a hood. The hood shall be equipped with a double latch system to hold it in the closed position if the hood was originally so equipped.
(d) Protruding objects. Torn metal, glass or other loose or dislocated parts may not protrude from the body of vehicle.
(e) Fender flares. A vehicle may be equipped with fender flares not to exceed 3 inches.
(f) Doors. A vehicle specified under this subchapter shall be equipped with doors of a type used as original equipment. The doors shall open and close securely unless the vehicle has been manufactured or modified to the extent that there is no roof or side. Tailgates, except on vehicles where the tailgate gives access to the passenger compartment, may be replaced with wood planking, nets or other material that will prevent loss of load. Tailgates may be removed when optional equipment, for example a truck camper, is added.
Authority The provisions of this § 175.107 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.108 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.110 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.110 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; amended September 20, 1984, effective September 21, 1985, 15 Pa.B. 3352; amended March 25, 1988, effective March 26, 1988, 18 Pa.B. 1368; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended December 24, 1992, effective December 26, 1992, 22 Pa.B. 6120; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. The effective date of the following provisions are postponed indefinitely: subsection (d)(6)(viii)(A)(C); the amendment to subsection (d)(7) which deleted the following language: It is not necessary to remove the wheel and front assembly if there is a removable braking plate that allows an examination of the brake system.; and the repeal of subsection (e)(6), 29 Pa.B. 2460 and 2577; the Department has determined the effective date for § 175.110(d)(6)(viii)(B) and (C) as August 1, 2001, 30 Pa.B. 3794. Immediately preceding text appears at serial pages (250380) to (250390), (255497) to (255498) and (250393).
Cross References This section cited in 67 Pa. Code § 175.92 (relating to suspension); 67 Pa. Code § 175.93 (relating to steering); 67 Pa. Code § 175.94 (relating to braking systems); 67 Pa. Code § 175.95 (relating to tires and wheels); 67 Pa. Code § 175.96 (relating to lighting and electrical systems); 67 Pa. Code § 175.97 (relating to glazing); 67 Pa. Code § 175.98 (relating to mirrors); 67 Pa. Code § 175.101 (relating to windshield wipers); 67 Pa. Code § 175.102 (relating to fuel systems); 67 Pa. Code § 175.105 (relating to exhaust systems); 67 Pa. Code § 175.106 (relating to horns and warning devices); 67 Pa. Code § 175.107 (relating to body); 67 Pa. Code § 175.108 (relating to chassis); 67 Pa. Code § 175.203 (relating to braking systems); 67 Pa. Code § 175.206 (relating to glazing); 67 Pa. Code § 175.207 (relating to mirrors); and 67 Pa. Code § 175.208 (relating to body).
§ 175.112. [Reserved].
Source The provisions of this § 175.112 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (73479) to (73480).
§ 175.113. [Reserved].
Source The provisions of this § 175.113 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (73480).
Subchapter G. RECREATIONAL, SEMI AND UTILITY TRAILERS
Sec.
175.121. Application.
175.122. Suspension.
175.123. Braking systems.
175.124. Tires and wheels.
175.125. Lighting and electrical systems.
175.126. Glazing.
175.127. Body.
175.128. Chassis.
175.130. Inspection procedure.
175.132. [Reserved].
175.133. [Reserved].
Cross References This subchapter cited in 67 Pa. Code § 175.202 (relating to conditions); 67 Pa. Code § 175.204 (relating to tires); and 67 Pa. Code § 175.209 (relating to chassis).
§ 175.121. Application.
Equipment standards set forth in this subchapter apply to trailers towed or operated on highways.
Source The provisions of this § 175.121 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (101015).
§ 175.122. Suspension.
Every suspension component shall be in safe operating condition.
Source The provisions of this § 175.122 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended July 31, 1981, effective August 1, 1981, 11 Pa.B. 2686; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (101015).
§ 175.123. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be in safe operating condition as described in § 175.130 (relating to inspection procedure).
(b) Service brakes. A trailer shall be equipped with a service brake system. See 75 Pa.C.S. § 4502 (relating to general requirements for braking systems).
(1) The service brakes shall act on all wheels upon application except for the following:
(i) On interconnected dual wheels, the brakes may act upon only one wheel.
(ii) A vehicle being towed in driveaway-towaway operation.
(iii) A trailer of a gross weight not exceeding 3,000 pounds, if the gross weight of the trailer does not exceed 40% of the gross weight of the towing vehicle.
(2) The service brakes, when required, shall be capable of stopping the vehicle in not more than the maximum stopping distance prescribed in Table I.
(3) Surge or inertia type brake systems are authorized.
(4) The brake lining and brake fluids shall be of a type approved by the vehicle manufacturer or shall meet the Society of Automotive Engineers (SAE) standards (J998, January 1980)see Appendix A (relating to minimum requirements for motor vehicle brake liningsSAE J998).
(5) Metal from the shoe may not contact the brake drums or rotors.
(6) A vehicle to which additional axles and wheels have been added shall be equipped with brakes on the additional wheels.
(7) Brake lines shall be approved for use as brake lines.
(c) Breakaway system. A trailer operated on a highway which is equipped with brakes or which has gross weight in excess of 3,000 pounds shall be equipped with a breakaway system which shall stop and hold the vehicle automatically upon breakaway from the towing vehicle.
(d) Air chamber push rod. The air chamber push rod travel may not exceed the manufacturers specifications maximum stroke allowance. See Chart 4 (relating to brake chamber push rod travel (typical)) for a drawing of the air chamber push rod.
Authority The provisions of this § 175.123 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.123 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221278) to (221279).
§ 175.124. Tires and wheels.
(a) Condition of tires and wheels. Tires and wheels shall be in safe operating condition as described in § 175.130 (relating to inspection procedure).
(b) Tire standards. A trailer shall have tires that were manufactured in conformance with standards contained in Chapter 159 (relating to new pneumatic tires). See 75 Pa.C.S. § 4525 (relating to tire equipment and traction surfaces). Tires with equivalent metric size designations may be used.
(c) Radial ply tires. A radial ply tire may not be used on the same axle with a bias or belted tire.
(d) Different types of tires. Tires of different types and sizes, such as one snow tire and one regular tire or bias, belted or radial tire, may not be used on the same axle, except in an emergency.
(e) Nonpneumatic tires. No trailer operated on a highway shall be equipped with nonpneumatic tires.
(f) Ice grips or studs. A tire may not be equipped with ice grips or tire studs of wear-resisting material which have projections exceeding 2/32 inch beyond the tread of the traction surface of the tire.
(g) Tires and rims. The axles of a vehicle specified under this subchapter shall be equipped with the number and type of tires and rims which have a load rating equal to or higher than those offered by the manufacturer.
Authority The provisions of this § 175.124 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.124 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; delayed February 11, 1983, 13 Pa.B. 708; except subsection (b), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221279).
§ 175.125. Lighting and electrical systems.
(a) Condition of lamps and switches. Every required lamp or switch shall be in safe operating condition as described in § 175.130 (relating to inspection procedure).
(b) Lighting standards. Lamps shall comply with Tables IIIV; Chapter 153; and 75 Pa.C.S. Chapter 43 (relating to lighting equipment).
(c) Other required lamps. A trailer shall have at least one red stop lamp on each side of the rear of the vehicle, which shall be illuminated immediately upon application of the service brake.
(d) Illumination. A trailer shall be equipped with parking lamps, stop lamps, tail lamps, turn signal lamps and hazard warning lamps designed for that specific function, which under normal atmospheric conditions, shall be capable of being seen and distinguished during nighttime operation, at a distance of 500 feet. See 75 Pa.C.S. § 4303(b)(d) (relating to general lighting requirements).
(1) Stop lamps, turn signals and hazard warning lamps shall be visible at a distance of 100 feet during normal sunlight.
(2) Rear lamps shall be lighted whenever headlamps, fog lamps or auxiliary driving lamps are in operation.
(3) A trailer shall be equipped with hazard warning lamps, unless these lamps were not included as original equipment.
(4) The turn signals shall have a frequency of flash between 60120 flashes per minute.
(e) Condition and position of lamps. Lamps shall be properly fastened; direct light properly; be of a color not contrary to regulationssee Tables IIIV (relating to required motor vehicle lighting equipment; location of required equipment; and required motor vehicle lighting equipment); and may not be so obstructed by a screen, bar, auxiliary equipment or device of any kind as to obscure, change color of or obstruct the beam.
(f) Ornamental lamps. A lamp not enumerated in this section, and not located as described in Tables IIIV of this chapter is prohibited unless it is available as original equipment. An illuminated sign is prohibited. Flashing or revolving lights are not ornamental lamps. Provisions relating to flashing or revolving lights are located in Chapters 15 and 173 (relating to authorized vehicles and special operating privileges; and flashing or revolving lights on emergency and authorized vehicles).
(g) Back-up lamps. Back-up lamps, if the vehicle is so equipped, shall turn off automatically when the vehicle goes forward.
(h) Registration plate lamp. A registration plate lamp, if originally equipped, shall emit white light and make the registration plate visible from a distance of 50 feet to rear of the vehicle.
(i) Exception. A trailer that is less than 30 inches in overall width may be equipped with only one of each of the following lamps and reflective devices, located at or near its vertical centerline: tail lamps, stop lamp and rear reflex reflector.
Authority The provisions of this § 175.125 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.125 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221279) to (221280).
§ 175.126. Glazing.
(a) Condition of glazing. Glazing, including rigid plastic, shall meet the requirements of Chapter 161 (relating to glazing materials). See 75 Pa.C.S. § 4526 (relating to safety glass).
(b) Safety glazing. A trailer except house trailers shall be equipped with safety glazing in all windows and wings. Requirements of this subsection do not apply to a vehicle manufactured or assembled before January 1, 1934, if the original glazing is not cracked or discolored.
Source The provisions of this § 175.126 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77546).
§ 175.127. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § 175.130 (relating to inspection procedure).
(b) Protruding objects. A trailer may have no torn metal, glass or other loose or dislocated parts protruding from the body.
(c) Doors. A vehicle specified under this subchapter shall be equipped with doors of a type used as original equipment. The doors shall open and close securely. Tailgates may be replaced with wood planking, nets or other material that will prevent loss of load. Tailgates may be removed when optional equipment is added.
Authority The provisions of this § 175.127 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.127 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221281).
§ 175.128. Chassis.
(a) Condition of chassis. All items on the chassis shall be in safe operating condition as described in § 175.130 (relating to inspection procedure).
(b) Vehicle frame. The vehicle frame shall be in solid condition.
(c) Flooring and floor beds. Flooring and floor beds shall be of a construction that supports occupants and cargo which the vehicle is capable of carrying, and may not have any openings through which exhaust gases could enter the passenger compartment.
(d) Rear protection device. A trailer, except for pole trailers, whose body has a rear end clearance of more than 30 inches from the ground when empty, shall be equipped with a rear bumper or rear end protection device as follows:
(1) The rear bumper or rear end protection device shall be:
(i) Within 30 inches of ground when the vehicle is empty.
(ii) Within 24 inches of another rear bumper or rear end protection device, if more than one rear bumper or rear end protection device is used.
(iii) Within 18 inchestransverse distanceof the widest part of the rear of the vehicle.
(iv) Within 24 inches of the extreme rear of the vehicle.
(v) Substantially constructed and firmly attached.
(2) Trailers constructed and maintained so that the body, chassis or other parts of the vehicle afford the rear end protection described in paragraph (1) shall be deemed to be in compliance with this subsection.
(e) Fender and flaps. The wheels of a trailer originally manufactured with fenders or flaps shall be equipped with fenders or flaps of a type used as original equipment.
(f) Rear wheel shields. A trailer shall be constructed or equipped so as to bar water or other road surface substances thrown from the rear wheels of the vehicle or combination at tangents exceeding 22 1/2°, measured from road surface, from passing in a straight line to the rear of the vehicle or combination. See 75 Pa.C.S. § 4533 (relating to rear wheel shields).
(g) Tire contact. A tire may not come in contact with the body, fenders or chassis of the vehicle.
Authority The provisions of this § 175.128 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.130 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4702 and 6103.
Source The provisions of this § 175.130 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended February 1, 1983, effective February 1, 1983, 13 Pa.B. 708, except subsection (c)(1)(ix), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended December 24, 1992, effective December 26, 1992, 22 Pa.B. 6120; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221282) to (221287).
Cross References This section cited in 67 Pa. Code § 175.123 (relating to braking systems); 67 Pa. Code § 175.124 (relating to tires and wheels); 67 Pa. Code § 175.125 (relating to lighting and electrical systems); 67 Pa. Code § 175.127 (relating to body); 67 Pa. Code § 175.128 (relating to chassis); 67 Pa. Code § 175.203 (relating to braking systems); 67 Pa. Code § 175.206 (relating to glazing); 67 Pa. Code § 175.207 (relating to mirrors); and 67 Pa. Code § 175.208 (relating to body).
§ 175.132. [Reserved].
Source The provisions of this § 175.132 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (73485) to (73486).
§ 175.133. [Reserved].
Source The provisions of this § 175.133 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (73487), (56916) to (56919) and (73489).
Subchapter H. MOTORCYCLES
Sec.
175.141. Application of subchapter.
175.142. Suspension.
175.143. Steering.
175.144. Braking systems.
175.145. Tires and wheels.
175.146. Lighting and electrical systems.
175.147. Glazing.
175.148. Mirrors.
175.149. Fuel systems.
175.150. Speedometers.
175.151. Odometers.
175.152. Exhaust systems.
175.153. Horns and warning devices.
175.154. Body.
175.155. Chassis.
175.160. Inspection procedure.
Cross References This subchapter cited in 67 Pa. Code § 175.202 (relating to conditions); 67 Pa. Code § 175.204 (relating to tires); and 67 Pa. Code § 175.209 (relating to chassis).
§ 175.141. Application of subchapter.
Equipment standards set forth in this subchapter apply to all motorcycles being driven on highways.
Source The provisions of this § 175.141 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3862; adopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77552).
§ 175.142. Suspension.
(a) Condition of suspension components. Every suspension component shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Suspension system. A motorcycle shall be equipped with a suspension system.
(1) A motorcycle shall be equipped with a suspension system on at least the front wheel.
(2) The suspension system shall be effective in reducing road shock and shall be designed for the purpose of maximizing the vehicles stability.
Source The provisions of this § 175.142 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77552) to (77553).
§ 175.143. Steering.
(a) Condition of steering components. The steering assembly and steering mechanism shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Condition of steering. A motorcycle shall meet the following specifications in relation to front wheel geometry:
(1) Maximum rake: 45°. Maximum trail: 14 inches positive.
(2) Minimum rake: 20°. Minimum trail: 2 inches positive.
(3) Minimum rake and minimum trail are not applicable to three-wheel motorcycles unless the third wheel is derived from a sidecar.
(c) Steering head. A head shall be provided with a bearing or similar device allowing the steering shaft to turn freely in rotating fashion.
(d) Handlebars. The handlebars or grips may not be higher than the operators shoulder level when the operator is properly seated upon the motorcycle.
(1) The handlebars shall be of a sturdy construction adequate in size and length to provide proper leverage for steering and capable of withstanding a minimum force of 100 pounds applied to each handle grip in any direction.
(2) The handlebars shall be designed so as not to restrict front fork movement and shall be capable of vertical adjustments.
(3) The handlebar design shall provide a minimum of 18 inches between ends, after final assembly.
(4) The handlebars shall be equipped with grips of nonslip design and materials.
Authority The provisions of this § 175.143 amended under 75 Pa.C.S. 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.143 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221288) to (221289).
§ 175.144. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Service brakes. A motorcycle shall be equipped with a service brake system. See 75 Pa.C.S. § 4502 (relating to general requirements for braking systems).
(1) The service brakes shall act on all wheels upon application and shall be capable of stopping the vehicle in not more than the maximum stopping distance prescribed in Table I (relating to brake performance).
(2) The service brake system shall act upon all wheels according to the vehicle manufacturers specifications, except on a vehicle being towed in driveaway-towaway operation or side cars not originally equipped.
(3) The brake lining and brake fluids shall be of type approved by vehicle manufacturer or shall meet the Society of Automotive Engineers (SAE) standards (J998, January 1980)Appendix A (relating to minimum requirements for motor vehicle brake liningsSAE J998).
(4) The service brake system shall be of a design that rupture or failure of either the front or rear brake system will not result in the complete loss of braking function. Braking function may be obtained by hydraulic or other means through a normal brake mechanism. In the event of a rupture or failure of actuating force component, the unaffected brakes shall be capable of applying adequate braking force to vehicle.
(5) Metal from the shoe or caliper may not contact brake drums or rotors.
(6) Brake lines shall be approved for use as brake lines.
Authority The provisions of this 175.144 amended under 75 Pa.C.S. 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.144 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221289) to (221290).
§ 175.145. Tires and wheels.
(a) Condition of tires and wheels. Tires and wheels shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Tire standards. A motorcycle shall have tires that were manufactured in conformance with standards contained in Chapter 159 (relating to new pneumatic tires). See 75 Pa.C.S. § 4525 (relating to tire equipment and traction surfaces). Tires with equivalent metric size designations may be used.
(c) Nonpneumatic tires. A motorcycle operated on a highway may not be equipped with nonpneumatic tires.
(d) Ice grips or studs. A tire may not be equipped with ice grips or tire studs or wear-resisting material which have projections exceeding 2/32 inch beyond the tread of the traction surface of the tire.
(e) Antique vehicle pneumatic tire exemption. An antique vehicle may be equipped with nonpneumatic tires if originally equipped by the manufacturer.
Authority The provisions of this § 175.145 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.145 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982; effective February 1, 1983, 12 Pa.B. 3947; amended February 1, 1983, effective February 1, 1983, 13 Pa.B. 708, except subsection (b), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221290).
§ 175.146. Lighting and electrical systems.
(a) Condition of lamps and switches. Every required lamp or switch shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Lighting standards. Lamps shall comply with the vehicle lighting equipment requirements of Tables II, IV and V; Chapter 153; and 75 Pa.C.S. § 4301.
(c) Headlamp system. A motorcycle driven on a highway shall have at least one and no more than two headlamps. See 75 Pa.C.S. § 4303(a) (relating to general lighting requirements).
(1) Lamps in the headlamp system shall be of Type I or Type II construction. On one-lamp system, the lamp shall be located in the center of the vehicle. On a two-lamp system, the lamps shall be symetrically located on each side of the vehicles vertical centerline.
(2) The headlamp low beam minimum candlepower shall not be less than 7,500.
(3) The headlamp high beam minimum candlepower shall not be less than 10,000.
(4) Every headlamp shall be aimed to comply with inspection procedure of this subchapter.
(5) Approved SAE modulating lamps are legal.
(6) A motorcycle shall be equipped with a manual dimmer switch conveniently located for use by the driver while in a normal operating position. An automatic dimming device may be used in addition to a manual switch.
(7) A motorcycle shall be equipped with a beam indicator which shall be lighted whenever the high beam of light from the headlamp is in use and shall not otherwise be lighted. The indicator shall be so located that when lighted it is readily visible without glare to the operator of the vehicle.
(d) Total candlepower. Total candlepower for headlamps and auxiliary lamps shall not exceed 150,000.
(e) Other required lamps. A motorcycle shall have at least one red stop lamp and no more than twoone on each sideon the rear of the vehicle, which shall be illuminated immediately upon application of the service brake.
(f) Illumination except headlamps, fog lamps and auxiliary driving lamps. A motorcycle shall have a stop lamp and tail lamp which, under normal atmospheric conditions, shall be capable of being seen and distinguished during nighttime operation at a distance of 500 feet. See 75 Pa.C.S. § 4303(b) and (d).
(1) Rear lamps shall be lighted whenever headlamps, fog lamps or auxiliary driving lamps are in operation.
(2) A vehicle specified under this subchapter may be equipped with turn signals.
(3) The turn signals shall have a frequency of flash between 60120 flashes per minute.
(4) The stop lamps shall be operated through a switching arrangement so that any motion of brake towards applied position immediately illuminates the stop lamp.
(5) The stop lamps shall not be combined with turn signal lamps unless arrangement of switches or other parts are such that the stop lamp is extinguished when the turn signal is in use.
(6) The stop lamps shall be visible for 100 feet in normal sunlight.
(7) A motorcycle manufactured after 1978 shall be equipped with an alternator, generator or electrical energy storage source, capable of providing lighting in compliance with Chapter 153 (relating to lamps, reflective devices, and associated equipment) and SAE J392Appendix B (relating to motorcycle and motor vehicle cycle electrical system (maintenance of design voltage)SAE J392)Maintenance of Design Voltage.
(8) A motorcycle shall be equipped with at least one red reflector to the rear.
(9) A motorcycle shall have at least one tail lamp if it was manufactured after 1973 or if originally so equipped.
(g) Condition and position of lamps. Lamps shall be properly fastened; direct light properly; be of a color not contrary to Tables II, IV and V; and not be so obstructed by a screen, bar, auxiliary equipment or a device as to obscure, change the color of or obstruct the beam.
(h) Ornamental lamps. A lamp not enumerated in this section, and not located as described in Tables IIIV of this chapter, is prohibited unless it is available as original equipment. An illuminated sign is prohibited. Flashing or revolving lights are not ornamental lamps. Provisions relating to flashing or revolving lights are located in Chapters 15 and 173 (relating to authorized vehicles and special operating privileges; and flashing or revolving lights on emergency and authorized vehicles).
(i) [Reserved].
(j) Registration plate lamp. A registration plate lamp, if originally equipped, shall emit white light and make the registration plate visible from a distance of 50 feet to the rear of the vehicle.
(k) Auxiliary driving lamps and fog lamps. Auxiliary driving lamps and fog lamps may be installed on a motorcycle if they comply with the following requirements:
(1) Fog lamps shall not be substituted for headlamps except under conditions of rain or fog. Fog lamps may be used with lower headlamp beams.
(2) Auxiliary driving lamps and fog lamps shall be mounted on front at a height not less than 12 inches nor more than 42 inches above level surface upon which the vehicle stands. Rear fog lamps, if originally installed or offered as optional equipment, are acceptable.
(3) Auxiliary lamps and fog lamps shall be aimed when the vehicle and lamp assembly are in the straight ahead position with the beam not above the horizontal centerline of the lamp at 25 feet.
(4) A motorcycle may have one and no more than two approved auxiliary driving lamps and fog lamps.
(5) Auxiliary driving lamps and fog lamps shall not be placed in front of any required lamp.
(6) A vehicle equipped with headlamps, auxiliary driving lamps or fog lamps may not have more than four forward projecting lamps illuminated at the same time.
(l) Antique vehicle lighting exemption. An antique vehicle, if operated exclusively between the hours of sunrise to sunset and not during periods of reduced visibility or insufficient illumination, is exempt from requirements of this section, except requirements pertaining to stop lamps.
(m) Battery fastening. A vehicle specified under this subchapter shall be equipped with a system which is specifically designed for the secure fastening of the battery.
Authority The provisions of this § 175.146 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.146 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221290) to (221292).
§ 175.147. Glazing.
(a) Condition of glazing. Glazing shall meet the requirements of Chapter 161 (relating to glazing materials). See 75 Pa.C.S. § 4526 (relating to safety glass).
(b) Safety glazing. A motorcycle may be equipped with a windscreen. This subsection does not apply to a vehicle manufactured or assembled before January 1, 1934, if the original glazing is not cracked or discolored.
(c) Stickers. Out-of-State inspection stickers, tax stamps, road use permits or other government-related permitsall municipalities and statesmay be placed at the lower left- or right-hand corner of the windscreen.
(d) Obstructions. A vehicle specified under this subchapter shall have glazing free from obstructions as described in § 175.160 (relating to inspection procedure).
(1) With the exception of the materials in paragraph (3), signs, posters or other materials, whose design prevents a driver from seeing through the material, may not be placed on the windscreen or a side wing or side window so as to obstruct, obscure or impair the drivers clear view of the highway or an intersecting highway. Under FMVSS No. 205, these restrictions do not apply to the rear side windows, rear wings or rear window of vehicles subject to this subchapter, if so equipped.
(2) The requirements of this subsection also apply to glass etchings, except those used for vehicle identification.
(3) A sun screening device or other material which does not permit a person to see or view the inside of the vehicle is prohibited unless otherwise permitted by FMVSS No. 205, or a certificate of exemption has been issued in compliance with § 175.265 (relating to exemption provisions). See Table X for specific requirements for vehicles subject to this subchapter.
Authority The provisions of this § 175.147 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.147 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial page (132928).
Cross References The provisions of this § 175.148 amended under 75 Pa.C.S. § § 4103, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.148 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132928) to (132929).
Cross References This section cited in 67 Pa. Code § 175.160 (relating to inspection procedure).
§ 175.149. Fuel systems.
(a) Condition of fuel systems. All components in the fuel system shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Fuel system requirements. The fuel system components shall be leakproof and shall be fastened securely to the vehicle with fasteners designed for that purpose.
(c) Accelerator operation. The accelerator control system shall return the engine throttle to the idle position when the operator removes the actuating force from the accelerator control.
(d) Filler cap. The fuel system shall be equipped with a filler cap.
(e) Alternate fuel systems. See Subchapter M (relating to alternate fuel systems and controls).
Source The provisions of this § 175.149 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77557) and (86009).
§ 175.150. Speedometers.
Every motorcycle shall have an operating speedometer calibrated to indicate miles per hour or kilometers per hour.
Source The provisions of this § 175.150 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86009).
§ 175.151. Odometers.
Every motorcycle shall have an operating odometer calibrated to indicate total miles or kilometers driven, except a motorcycle at least 25 years old.
Source The provisions of this § 175.151 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86009).
§ 175.152. Exhaust systems.
(a) Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Exhaust system requirements. A motorcycle shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.
(1) The exhaust system of a motorcycle may not be modified in a manner which will amplify or increase noise emitted by the motor of the vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).
(2) An exposed exhaust system shall be equipped with adequate heat shield or protective system or be located to prevent contact by operator or passenger.
Authority The provisions of this § 175.152 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.152 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221295).
§ 175.153. Horns and warning devices.
(a) Condition of horns and warning devices. All components of the horn or warning device shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Horn and warning device requirements. A motorcycle shall have a horn or other warning device which is audible under normal conditions at a distance of not less than 200 feet. No vehicle shall be equipped with a siren, bell, whistle or similar device emitting an unreasonably loud or harsh sound, except emergency vehicles and vehicles equipped with an anti-theft device.
Source The provisions of this § 175.153 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (86009) to (86010).
§ 175.154. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Fenders. The wheels of a motorcycle shall be equipped with fenders of a type used as original equipment. At no time shall a tire come in contact with the body, fenders or chassis of the vehicle.
(c) Protruding objects. A motorcycle shall have no torn metal, glass or other loose or dislocated parts protruding from body.
Source The provisions of this § 175.154 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86010).
§ 175.155. Chassis.
(a) Condition of chassis. All items on the chassis shall be in safe operating condition as described in § 175.160 (relating to inspection procedure).
(b) Vehicle frame. A vehicle frame shall be in solid condition.
(c) Seats. A motorcycle shall be equipped with a seat for the operator which is firmly anchored to the frame or support. No metal spring shall protrude from the drivers seat.
(d) Chain guard or drive shaft cover. A covering device to prevent contact with a rider while in a normal riding position shall be provided.
(e) Stands. A motorcycle stand shall operate and be strong enough to support the vehicle and stay in the proper position when not holding the bike in standing position.
(f) Hand-hold. A hand-hold device shall be provided if the motorcycle is designed to carry more than one person.
(g) Footrests. A motorcycle operated or driven upon the highway shall have footrests for each person operating or riding upon the vehicle.
(h) Highway bars. If the motorcycle is so equipped, highway bars shall have a maximum width of 26 inches and shall be located less than 15 inches from the foot controls and shall not interfere with the operation of foot controls.
Source The provisions of this § 175.160 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.160 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; delayed February 11, 1983, 13 Pa.B. 708; except subsection (c)(1)(xiv), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221297) to (221303).
Cross References This section cited in 67 Pa. Code § 175.142 (relating to suspension); 67 Pa. Code § 175.143 (relating to steering); 67 Pa. Code § 175.144 (relating to braking systems); 67 Pa. Code § 175.145 (relating to tires and wheels); 67 Pa. Code § 175.146 (relating to lighting and electrical systems); 67 Pa. Code § 175.147 (relating to glazing); 67 Pa. Code § 175.148 (relating to mirrors); 67 Pa. Code § 175.149 (relating to fuel systems); 67 Pa. Code § 175.152 (relating to exhaust systems); 67 Pa. Code § 175.153 (relating to horns and warning devices); 67 Pa. Code § 175.154 (relating to body); 67 Pa. Code § 175.155 (relating to chassis); 67 Pa. Code § 175.203 (relating to braking systems); 67 Pa. Code § 175.206 (relating to glazing); 67 Pa. Code § 175.207 (relating to mirrors); and 67 Pa. Code § 175.208 (relating to body).
Subchapter J. MOTOR-DRIVEN CYCLES AND MOTORIZED
PEDALCYCLES
Sec.
175.171. Application.
175.172. Steering.
175.173. Braking systems.
175.174. Tires and wheels.
175.175. Lighting and electrical systems.
175.176. Glazing.
175.177. Mirrors.
175.178. Fuel systems.
175.179. Speedometers.
175.180. Odometers.
175.181. Exhaust systems.
175.182. Horns and warning devices.
175.183. Body.
175.184. Chassis.
175.190. Inspection procedure.
175.191. [Reserved].
175.192. [Reserved].
175.193. [Reserved].
175.194. [Reserved].
Cross References This subchapter cited in 67 Pa. Code § 175.202 (relating to conditions); 67 Pa. Code § 175.204 (relating to tires); and 67 Pa. Code § 175.209 (relating to chassis).
§ 175.171. Application.
Equipment standards set forth in this subchapter apply to all motor-driven cycles and motorized pedalcycles driven on highways.
Source The provisions of this § 175.171 adopted December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; effective date delayed April 28, 1979, 9 Pa.B. 1402; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77566).
§ 175.172. Steering.
(a) Condition of steering components. The steering assembly and steering mechanism shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Steering head. The steering head shall be provided with a bearing or similar device allowing the steering shaft to turn freely in a rotating fashion.
(c) Handlebars. The handlebars or grips may not be higher than the operators shoulder level when the operator is properly seated upon the vehicle.
(1) The handlebars shall be of sturdy construction and adequate in size and length to provide leverage for steering and shall be capable of withstanding a minimum force of 100 pounds applied to each handle grip in any direction.
(2) The handlebars shall be designed so as not to restrict front fork movement and shall be capable of vertical adjustment.
(3) The handlebar design shall provide a minimum of 18 inches between ends, after final assembly.
(4) The handlebars shall be equipped with grips of nonslip design and materials.
Authority The provisions of this § 175.172 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.172 adopted December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; effective date delayed April 28, 1979, 9 Pa.B. 1402; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221304) to (221305).
§ 175.173. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Service brakes. A vehicle specified under this subchapter shall be equipped with a service brake system. See 75 Pa.C.S. § 4502 (relating to general requirements for braking systems).
(1) The service brakes shall act on all wheels upon application and shall be capable of stopping the vehicle in not more than the maximum stopping distance prescribed in Table I.
(2) A service brake system shall act upon all wheels according to the vehicle manufacturers specifications, except on a vehicle being towed in driveaway-towaway operation or side cars not originally equipped.
(3) The brake lining and brake fluids shall be of a type approved by the vehicle manufacturer or shall meet the Society of Automotive Engineers (SAE) standards (J998, January 1980). See Appendix A (relating to minimum requirements for motor vehicle brake liningsSAE J998).
(4) A vehicle specified under this subchapter shall be equipped with a service brake system of a design that rupture or failure of either the front or rear brake system will not result in the complete loss of braking function. Braking function may be obtained by hydraulic or other means through normal brake mechanism. In the event of a rupture or failure of an actuating force component, the unaffected brakes shall be capable of applying an adequate braking force to vehicle.
(5) Metal from the shoe or caliper shall not contact the brake drums or rotors of the cycle if so equipped.
Source The provisions of this § 175.173 adopted December 8, 1978, effective December 9, 1978, 8 Pa.B. 3495; effective date delayed April 28, 1979, 9 Pa.B. 1402; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77567).
§ 175.174. Tires and wheels.
(a) Condition of tires and wheels. Tires and wheels shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Tire conditions. The tires shall not bear a marking or condition which may render the tire unsafe for highway use. The tires must be free of partial exposure of ply or cord; blow-out patches; bumps, bulges or separation; and regrooving and recutting below the original tread design depth.
(c) Manufacturers specifications. A vehicle specified under this subchapter shall have tires which conform to the vehicle manufacturers specifications as to tire size.
(d) Nonpneumatic tires. No vehicle specified under this subchapter operated on highway shall be equipped with nonpneumatic tires.
(e) Ice grips or studs. No tire shall be equipped with ice grips or tire studs of wear-resisting material which have projections exceeding 2/32 inch beyond the tread of the traction surface of the tire.
(f) Antique vehicle pneumatic tire exemption. An antique vehicle may be equipped with nonpneumatic tires if originally equipped by the manufacturer.
(g) Wheel conditions. The wheels shall conform to the manufacturers specifications and shall not be bent, cracked, welded or damaged so as to affect safe operating conditions. The wheels shall be free of missing and loose studs and bolts or an improper thread engagement.
Source The provisions of this § 175.175 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.175 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221306) to (221309).
§ 175.176. Glazing.
(a) Condition of glazing. Glazing shall meet the requirements of Chapter 161 (relating to glazing materials). See 75 Pa.C.S. § 4526 (relating to safety glass).
(b) Safety glazing. A vehicle specified under this subchapter may be equipped with a windscreen. Requirements of this subsection do not apply to a vehicle manufactured or assembled before January 1, 1934, if original glazing is not cracked or discolored.
(c) Stickers. Out-of-State inspection stickers, tax stamps, road use permits or other government-related permitsall municipalities and statesmay be placed at the lower left- or right-hand corner of windscreen.
(d) Obstructions. A vehicle specified under this subchapter shall have glazing free from obstructions as described in § 175.190 (relating to inspection procedure).
(1) With the exception of materials in paragraph (3), signs, posters or other materials, whose design prevents a driver from seeing through the material, may not be placed on the windscreen or a side wing or a side window so as to obstruct, obscure or impair the drivers clear view of the highway or an intersecting highway. Under FMVSS No. 205, these restrictions do not apply to the rear side windows, rear wings or rear window of vehicles subject to this subchapter, if so equipped.
(2) The requirements of this subsection also apply to glass etchings, except those used for vehicle identification.
(3) A sun screening device or other material which does not permit a person to see or view the inside of the vehicle is prohibited unless otherwise permitted by FMVSS No. 205, or a certificate of exemption has been issued in compliance with § 175.265 (relating to exemption provisions). See Table X for specific requirements for vehicles subject to this subchapter.
Authority The provisions of this § 175.176 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.176 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial page (132944).
Cross References The provisions of this § 175.177 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4521, 4524, 4703 and 6103.
Source The provisions of this § 175.177 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640. Immediately preceding text appears at serial pages (132944) to (132945).
§ 175.178. Fuel systems.
(a) Condition of fuel systems. All components in the fuel system shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Fuel system requirements. The fuel system components shall be leakproof and shall be fastened securely to the vehicle with fasteners designed for that purpose.
(c) Accelerator operation. If the vehicle was originally equipped with an accelerator control system, the accelerator control system shall return the engine throttle to idle position when operator removes actuating force from accelerator control.
(d) Filler cap. The fuel system shall be equipped with filler cap.
(e) Alternate fuel systems. See Subchapter M (relating to alternate fuel systems and controls).
Source The provisions of this § 175.178 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (77571) and (86015).
§ 175.179. Speedometers.
Every motor-driven cycle shall have an operating speedometer calibrated to indicate miles per hour or kilometers per hour, if the vehicle was originally equipped with a speedometer.
Source The provisions of this § 175.179 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86015).
§ 175.180. Odometers.
A vehicle specified under this subchapter shall have an operating odometer to indicate total miles or kilometers driven, if the vehicle was originally equipped with an odometer.
Source The provisions of this § 175.180 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86015).
§ 175.181. Exhaust systems.
(a) Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Exhaust system requirements. A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.
(1) The exhaust system of a motor-driven cycle or motorized pedalcycle may not be modified in a manner which will amplify or increase noise emitted by the motor of vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).
(2) An exposed exhaust system shall be equipped with an adequate heat shield or protective system or be located to prevent contact by the operator or passenger.
Authority The provisions of this § 175.181 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.181 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221311) to (221312).
§ 175.182. Horns and warning devices.
(a) Condition of horns and warning devices. All components of a horn or warning device shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Horn and warning device requirements. A vehicle specified under this subchapter shall have a horn or other warning device which is audible under normal conditions at a distance of not less than 200 feet. No vehicle shall be equipped with a siren, bell, whistle or similar device emitting an unreasonably loud or harsh sound, except emergency vehicles and vehicles equipped with an anti-theft device.
Source The provisions of this § 175.182 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86016).
§ 175.183. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Fenders. The wheels of a vehicle specified under this subchapter shall be equipped with fenders of a type used as original equipment. At no time shall tires come in contact with the body, fenders or chassis of the vehicle.
(c) Protruding objects. A vehicle specified under this subchapter shall have no torn metal, glass or other loose or dislocated parts protruding from body.
Source The provisions of this § 175.183 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (86016).
§ 175.184. Chassis.
(a) Condition of chassis. All items on the chassis shall be in safe operating condition as described in § 175.190 (relating to inspection procedure).
(b) Vehicle frame. A vehicle frame shall be in solid condition.
(c) Seats. A vehicle specified under this subchapter shall be equipped with seat for operator which is firmly anchored to frame or support. No metal spring shall protrude from the drivers seat.
(d) Chain guard or drive shaft cover. A covering device, to prevent contact with a rider while in the normal riding position, shall be provided.
(e) Stands. A vehicle specified under this subchapter shall have stands which are required to operate and be strong enough to support the vehicle and stay in proper position when not holding the vehicle in standing position.
(f) Hand-hold. A hand-hold device shall be provided if motor-driven cycle or motorized pedalcycle is designed to carry more than one person.
(g) Footrests. A vehicle specified under this subchapter operated upon highway shall have footrests or pedals for the person operating and footrests for each person riding upon the vehicle.
(h) Highway bars. If the vehicle specified under this subchapter is so equipped, the highway bars shall have a maximum width of 26 inches, shall be located not more than 15 inches from the foot controls and may not interfere with the operation of the foot controls.
Source The provisions of this § 175.190 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521, 4524, 4702 and 6103.
Source The provisions of this § 175.190 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; delayed February 11, 1983, 13 Pa.B. 708; except subsection (c)(1)(xiii), effectiveness of which has been indefinitely postponed until further notice, to the extent that these portions of the regulations prohibit placement of oversize tires that remain within the body line of vehicles and require the rejection of inspected vehicles equipped with these tires; amended December 30, 1983, effective December 31, 1983, 18 Pa.B. 4023; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended February 18, 1994, effective February 19, 1994, 24 Pa.B. 962; amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4640; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221313) to (221319).
Cross References This section cited in 67 Pa. Code § 175.172 (relating to steering); 67 Pa. Code § 175.173 (relating to braking systems); 67 Pa. Code § 175.174 (relating to tires and wheels); 67 Pa. Code § 175.175 (relating to lighting and electrical systems); 67 Pa. Code § 175.176 (relating to glazing); 67 Pa. Code § 175.177 (relating to mirrors); 67 Pa. Code § 175.178 (relating to fuel systems); 67 Pa. Code § 175.181 (relating to exhaust systems); 67 Pa. Code § 175.182 (relating to horns and warning devices); 67 Pa. Code § 175.183 (relating to body); 67 Pa. Code § 175.184 (relating to chassis); 67 Pa. Code § 175.203 (relating to braking systems); 67 Pa. Code § 175.206 (relating to glazing); 67 Pa. Code § 175.207 (relating to mirrors); and 67 Pa. Code § 175.208 (relating to body).
§ 175.191. [Reserved].
Source The provisions of this § 175.191 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial pages (73501) to (73502).
§ 175.192. [Reserved].
Source The provisions of this § 175.192 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial page (73502).
§ 175.193. [Reserved].
Source The provisions of this § 175.193 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial page (73502).
§ 175.194. [Reserved].
Source The provisions of this § 175.194 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947. Immediately preceding text appears at serial page (73503).
Subchapter K. STREET RODS, SPECIALLY CONSTRUCTED AND
RECONSTRUCTED VEHICLES
Sec.
175.201. Application of subchapter.
175.202. Conditions.
175.203. Braking systems.
175.204. Tires.
175.205. Lighting and electrical systems.
175.206. Glazing.
175.207. Mirrors.
175.208. Body.
175.209. Chassis.
175.210. Unconventional operator location.
175.211. Inspection.
175.220. Inspection procedure.
Cross References This subchapter cited in 67 Pa. Code § 175A.50 (relating to substantive inspection).
§ 175.201. Application of subchapter.
The equipment standards set forth in this subchapter apply to all street rods, specially constructed vehicles and reconstructed vehicles being driven on highways.
Source The provisions of this § 175.201 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended April 30, 1982, subsection (c)(1) effective August 1, 1982 and subsection (c)(2) and (3) effective November 1, 1982, provided that existing subsection (c)(1)(5) remains in effect for issuance and replacement of certificates of inspection for inspection campaigns beginning prior to the foregoing effective date, 12 Pa.B. 1400; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (82391).
§ 175.202. Conditions.
All parts of a vehicle must comply with this subchapter and Subchapters EH and J.
Source The provisions of this § 175.202 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended April 30, 1982, subsection (h) effective November 1, 1982, provided that the existing subsection (h)(1) and (2) remains in effect to recording inspections for inspection campaigns beginning prior to the foregoing effective date, 12 Pa.B. 1400; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (82391).
Notes of Decisions The placing of an inspection sticker on a vehicle and completion of a TS-431 form by one who did not witness the inspection is not in conformity with 67 Pa. Code § 175.202(b) and is ground for a suspension of certification under 75 Pa.C.S. § 4726(b) Szot v. Commonwealth, 456 A.2d 734 (Pa. Cmwlth. 1983).
§ 175.203. Braking systems.
(a) Condition of braking systems. Braking systems and components shall be compatible and in safe operating condition as described in § § 175.80, 175.110, 175.130, 175.160, 175.190 and 175.220.
(b) Service brakes. The service brakes shall act on all wheels upon application and shall be capable of stopping the vehicle in not more than the maximum stopping distance prescribed in Table I (relating to brake performance). Every street rod, specially constructed vehicle and reconstructed vehicle shall be equipped with a service brake system which is identical to the originally manufactured brake system; except, if the original system has been modified or the street rod has rear tires wider than 9 inches, the service brake system shall be of a design that rupture or failure of either the front or rear brake system will not result in the complete loss of braking function. Braking function may be obtained by hydraulic or other means through a normal brake mechanism. In the event of a rupture or failure of actuating force component, unaffected brakes shall be capable of applying adequate braking force to the vehicle.
(c) Refuse trucks. A vehicle reconstructed as a refuse truck and designed to be operated from an unconventional locationusually the right side of the vehicleshall be equipped with a system that prevents movement of the vehicle when the operator is not at the controls. This system shall engage the brakes and lock the transmission in neutral. This system need be operative only when the vehicle is being operated from the unconventional location.
Source The provisions of this § 175.203 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 31, 1981, effective August 1, 1981, 11 Pa.B. 2686; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial pages (82391) to (82392).
Cross References This section cited in 67 Pa. Code § 175.204 (relating to tires).
§ 175.204. Tires.
(a) Condition of tires. Tires shall be in safe operating condition as described in this subchapter and Subchapters EH and J.
(b) Tire width. The front tires on a street rod shall have a minimum width of 5 inches. If the rear tires on a street rod are wider than 9 inches, the vehicle shall be equipped with a dual service brake system, see § 175.203(b) (relating to braking systems).
Source The provisions of this § 175.204 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; amended July 14, 1978, effective August 1, 1978, 8 Pa.B. 2006; amended April 30, 1982, subsections (a) and (b) effective June 1, 1982, provided that existing subsections (a)(1)(3) and (b)(9) remain in effect for ordering certificates of inspection to be issued for inspection campaigns beginning prior to the foregoing effective dates, 12 Pa.B. 1400; amended June 4, 1982, effective June 5, 1982, 12 Pa.B. 1767; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (82392).
§ 175.205. Lighting and electrical systems.
A vehicle specified under this subchapter shall have hazard warning lamps if so originally equipped which, under normal atmospheric conditions, shall be capable of being seen and distinguished during nighttime operation at a distance of 500 feet. See 75 Pa.C.S. § 4303(b), (c) and (d) (relating to general lighting requirements).
Source The provisions of this § 175.205 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (82392).
§ 175.206. Glazing.
(a) Condition of windshield. A windshield shall be in safe operating condition as described in § § 175.80, 175.110, 175.130, 175.160, 175.190 and 175.220 and this subchapter.
(b) Requirements. Glazing shall meet following requirements:
(1) A windshield may not be less than 7 inches in vertical height on a street rod and 12 inches vertical height on reconstructed vehicles and specially constructed vehicles. If the original body configuration provided by a recognized manufacturer had a windshield of less than 12 inches, reconstructed vehicles and specially constructed vehicles may use the original windshield size, except that this size may not be less than 7 inches.
(2) A windshield and side windows or openings shall allow the driver minimum outward horizontal vision capability of 90° from each side of the vertical plane passing through the fore and aft centerline of the vehicle. This range of vision may be interrupted by window framing not exceeding 2 inches in width and windshield door post support areas not exceeding 4 inches in width.
(c) Obstructions forward of the windshield. A vehicle specified under this subchapter may not have obstruction forward of the windshield which extends more than 2 inches upward into the horizontally projected vision area of the windshield with the exception of the windshield wiper components.
Authority The provisions of this § 175.206 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.206 adopted December 2, 1977, effective February 1, 1978, 7 Pa.B. 3499; reserved July 9, 1982, effective July 10, 1982, 12 Pa.B. 2181; amended October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial pages (221322) to (221323).
§ 175.207. Mirrors.
(a) Condition of mirrors. Mirrors shall be in safe operating condition as described in § § 175.80, 175.110, 175.130, 175.160, 175.190 and 175.220 and this subchapter.
(b) Mirrors. A specially constructed or reconstructed vehicle designed to be operated from an unconventional locationusually the right sideshall have sufficient mirrors for the operator to view the front and both sides and rear of the vehicle for a distance not less than 200 feet from any operator location.
Source The provisions of this § 175.207 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77582).
§ 175.208. Body.
(a) Condition of body. All items on the body shall be in safe operating condition as described in § § 175.80, 175.110, 175.130, 175.160, 175.190 and 175.220 (relating to inspection procedure) and this subchapter.
(b) Fenders. A vehicle specified under this subchapter shall have fenders on all wheels which cover the entire tread width of a tire that comes in contact with the road surface. The tire tread circumference coverage shall be from at least 15 degrees front to at least 75 degrees rear of the vertical centerline at each wheel, measured from the center of wheel rotation.
(c) Hoodstreet rods only. A street rod is required to have a hood which covers the top of the entire engine compartment. Street rod engine compartment sides may remain open.
(d) Doors. A door shall be installed for any location from which a refuse truck is to be operated. If the vehicle is equipped with dual controls, a door shall be installed at each control position.
Source The provisions of this § 175.208 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77582).
§ 175.209. Chassis.
(a) Condition of chassis. All items of a chassis shall be in safe operating condition as described in this subchapter and Subchapters EH and J.
(b) Bumpers. A vehicle specified under this subchapter shall be equipped with front and rear bumpers securely attached to the chassis, except when the original body configuration provided by a recognized manufacturer did not include bumpers in the design of the vehicle.
(1) Some part of the horizontal bumper of a passenger vehicle and all street rods shall fall within 1220 inches above ground level.
(2) Some part of the horizontal bumper of a truck shall fall within 1630 inches above ground level.
(c) Scrub line. A vehicle specified under this subchapter shall meet the minimum scrub line requirements. See Chart 5 (relating to scrub line).
(1) A scrub line is an imaginary surface created if lines were drawn from the bottom of the wheel rim on one side to the bottom of the tire on the other side. When lines are drawn from both sides, an X under the vehicle suspension is created. A suspension or chassis component may not be below the top portion of this imaginary X.
(2) Only exhaust systems and sheet metal may extend below the scrub line.
Authority The provisions of this § 175.209 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4301, 4501, 4521 and 6103.
Source The provisions of this § 175.209 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362; amended November 13, 1998, effective May 13, 1999, 28 Pa.B. 5670. Immediately preceding text appears at serial page (221324).
§ 175.210. Unconventional operator location.
A vehicle described under this subchapter designed to be operated from an unconventional location shall have all controls and switches listed as follows positioned so they may be conveniently operated from each operator location:
(1) A steering wheel.
(2) A gear shift.
(3) Brake controls.
(4) Windshield wiper controls.
(5) A speedometer.
(6) A headlamp and tail lamp control.
(7) A turn signal control.
(8) A defroster control.
(9) A hazard warning light control.
(10) A horn or warning device activator.
Source The provisions of this § 175.210 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77583).
§ 175.211. Inspection.
A vehicle shall be inspected by a certified inspection mechanic to insure the vehicle conforms to Vehicle Code and this title prior to titling. The vehicle owner shall not be the inspecting mechanic. A certificate of inspection shall not be issued upon initial inspection. After the title and registration have been issued, an inspection station shall reinspect the vehicle to make certain the vehicle still complies with this chapter and only then shall a certificate of inspection be issued. Failure to follow proper inspection procedures in either of the two inspections listed in this chapter will be reasonable grounds to suspend the station and mechanic under Subchapter D (relating to schedule of penalties and suspensions: official inspection stations and certified mechanics).
Source The provisions of this § 175.211 adopted October 29, 1982, effective February 1, 1983, 12 Pa.B. 3862; corrected November 12, 1982, effective February 1, 1983, 12 Pa.B. 3947; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5362. Immediately preceding text appears at serial page (77583).
Notes of Decisions The phrase of the same nature, as used in the penalty provisions regarding second and subsequent offenses, means these offenses having the same character or quality as previous offenses, i.e., second or subsequent charges in the same category as the previous offense which includes fraudulent record keeping. Department of Transportation v. Johnson, 482 A.2d 1378 (Pa. Cmwlth. 1984).
§ 175.220. Inspection procedure.
(a) External inspection. An external inspection shall be performed as follows:
(1) Verify ownership, legality and proof of financial responsibility. For the purpose of this subchapter, ownership and legality shall be proven by a vehicle registration card, certificate of title or manufacturers statement of origin. Reject if one or more of the following apply: