Subchapter A. GENERAL PROVISIONS

§ 175.1. Purpose.

 This chapter implements 75 Pa.C.S. § §  4101—4982 (relating to vehicle characteristics).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ASME Code—The American Society of Mechanical Engineers Boiler and Pressure Vessel Code; Section VIII, Division I, and Section IX of the 1971 and later editions.

   ASTM—The American Society for Testing and Materials.

   Acute area of the windshield—The center of the critical area on the driver’s side of the vehicle directly in the driver’s normal line of vision—8 1/2 inches wide and 5 1/2 inches high.

   Allowable working pressure—The pounds per square inch for which the container was constructed or, if conditions have changed, the maximum pressure at specified temperatures permitted at the most recent inspection by a certified inspector.

   Alteration—A change in the construction, design or installation of a container that affects the strength or safety of the system.

   Antique motor vehicle—A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer’s specifications and registered with the Department as an antique motor vehicle.

   Auxiliary driving lamp—A lighting device mounted to provide illumination in front of the vehicle and to supplement the upper beam of a standard headlamp system; it is not intended for use alone or with the lower beam of a standard headlamp system.

   Back-up lamp—A lamp used to provide illumination behind the vehicle and to provide a warning signal when the vehicle is in reverse gear.

   Bead—That part of the tire made of steel wires wrapped or reinforced by ply cords, that is shaped to fit the rim.

   Belt—A layer made of fabric or other material located under the tread area.

   Bureau—The Bureau of Motor Vehicles of the Department.

   Bus—A motor vehicle as defined in 75 Pa.C.S. §  102 (relating to definitions).

   CGA—The Compressed Gas Association, Inc.; 500 Fifth Avenue; New York, New York 10036.

   Cargo lamp—A lamp mounted on a multipurpose passenger vehicle, truck or bus that provides illumination to load or unload cargo.

   Certified inspection mechanic—A person who holds a valid certification card issued by the Bureau certifying that the person is qualified, has passed all requirements to inspect specific vehicles and holds a valid driver’s license for the correct class of vehicle.

   Certified inspector—A person who holds a certificate issued by the Boiler Division in the Bureau of Occupation and Industrial Safety within the Department of Labor and Industry certifying that the person is qualified to inspect unfired pressure vessels.

   Classic motor vehicle—The term as defined in 75 Pa.C.S. §  102 (relating to definitions).

   Clearance lamps—Lamps which show to the front or rear of a vehicle to indicate overall width and height of a vehicle—on trucks and buses 80 inches or more in width.

   Combination—Two or more vehicles physically interconnected in tandem.

   Commonwealth inspection station—An inspection station appointed to inspect all types of vehicles, space permitted, owned by and engaged exclusively in the performance of the official duties of the Federal Government, the Commonwealth or a political subdivision of the Commonwealth.

   Cord—The strands forming the plies in the tire.

   Critical area of the windshield—The part of the vehicle windshield cleaned by the sweep of the windshield wiper system.

   DOT—The United States Department of Transportation.

   Department—The Department of Transportation of the Commonwealth.

   Designated area—The geographic area which the Department, in conjunction with the Department of Environmental Resources, and the United States Environmental Protection Agency, has identified as an Emission I/M Program designated area. A copy of the Department’s designation is available upon request from the Department.

   Driveaway-towaway operation—An operation in which a motor vehicle, trailer or semitrailer, singly or in combination, constitutes the commodity being transported, when one set or more of wheels of the vehicle are on the highway during the course of transportation, whether or not the vehicle furnished the motive power.

   Emergency vehicle—As defined in 75 Pa.C.S. §  102.

   Essential parts—Integral and body parts of a vehicle of a type required to be registered under the Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model type or mode of operation.

   FMVSS—Federal Motor Vehicle Safety Standards in 49 CFR 571 (relating to Federal motor vehicle safety standards).

   Farm truck—A truck determined by the Department to be used exclusively for agricultural purposes.

   Firefighting vehicle—A vehicle used exclusively for fighting fires. The term does not include passenger cars, buses and motorcycles.

   Fleet inspection station—An inspection station appointed to inspect all types of vehicles, space permitting, leased by or owned and registered in the name of the person in whose name the certificate of appointment is issued.

   Fleet owner—A person, or a Federal, State, or local government agency or authority owning or leasing 15 or more vehicles who or which provides servicing and repair of the vehicles.

   Fog lamps—Lamps which are used with or in lieu of the lower beam headlamps to provide illumination under conditions of rain, snow or fog.

   Foreign vehicle—A vehicle of a type required to be registered under the Vehicle Code brought into this Commonwealth from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this Commonwealth.

   Fuel supply container—A tank or cylinder installed on a vehicle to supply fuel for the propulsion system of the vehicle.

   GCWR—gross combination weight rating—The value specified by the manufacturer as the loaded weight of a combination.

   GVWR—gross vehicle weight rating—The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.

   General inspection station—An inspection station appointed to inspect all types of vehicles if the station is so equipped.

   Groove—The space between two adjacent tread ribs.

   Gross weight—The combined weight of a vehicle or combination of vehicles and its load and driver.

   Hazard warning system or emergency signal system—A driver-controlled system of flashing front and rear lights used to warn approaching motorists when a car has broken down or is traveling at a slow speed.

   Heavy truck—A truck having a registered gross weight in excess of 17,000 pounds or a truck tractor.

   House trailer—Includes the following:

     (i) A trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways.

     (ii) A trailer containing chassis and exterior shell designed and constructed for use as set forth in subparagraph (i) but which is used permanently or temporarily for advertising sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property.

   ICC—The Interstate Commerce Commission; now functionally superseded by DOT in matters relating to safety.

   Identification lamps—Lamps used in groups of three, in a horizontal row, which show to the front or rear, or both, on vehicles 80 inches or more in width.

   Indicator lights—Lamps that are visible to the operator of a vehicle that indicate operation of appropriate electrical circuits, malfunction of vehicle performance and requirement for remedial action by the operator of the vehicle.

   Implement of husbandry—The term as defined in 75 Pa.C.S. §  102.

   Inspection area—The area of a station in which all inspections must be conducted.

   Inspection/Maintenance (I/M) insert tab—A numbered tab, applied to the safety certificate of inspection, which indicates the month in which the safety certificate of inspection expires and that the vehicle is subject to the Emission Inspection Program.

   Inspection/Maintenance (I/M) registration indicator—An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.

   Inspection station supervisor—A person designated by the Department to investigate, inspect and supervise the operation of inspection stations.

   License plate lamp—A lamp used to illuminate the license plate on the rear of the vehicle.

   Light truck—A truck having a registered gross weight of 11,000 pounds or less.

   Material which does not permit a person to see or view the inside of the vehicle—A material which reduces the transmittance of light to below 70% or to a percentage which is less than the percentage permitted by FMVSS No. 205 in effect at the time of the vehicle’s manufacture.

   Manufacturer—A person engaged in the business of constructing or assembling vehicles, motors or bodies of vehicles.

   Medium truck—A truck having a registered gross weight from 11,001 to 17,000 pounds, inclusive.

   Mobile home—A trailer designed and used exclusively for living quarters or commercial purposes which exceeds the maximum size limitations prescribed by this title for operation on a highway and is only incidentally operated on a highway, including a unit transported on a removable or nonremovable frame designed so as to be assembled together with another unit or units into a structure which is used exclusively for living quarters—commonly known as a ‘‘modular unit.’’

   Modular housing undercarriage—A trailer which is used to transport a modular housing unit.

   Modular housing unit—A unit on a removable or nonremovable frame designed for residential or commercial purposes which is wholly or in substantial part fabricated, formed or assembled in manufacturing facilities for assembly and installation on the building site.

   Motor carrier vehicle—A truck, truck-tractor or combination having a gross weight or registered gross weight in excess of 17,000 pounds.

   Motorcycle—A motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

   Motorcycle inspection station—An inspection station appointed to inspect only motorcycles.

   Motor-driven cycle—A motorcycle, including a motor scooter, with a motor which produces not to exceed five-brake horsepower, and every pedalcycle with a motor attached.

   Motor home—A motor vehicle designed or adapted for use as a mobile dwelling or office, except a motor vehicle equipped with a truck camper.

   Motorized pedalcycle—A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission and a maximum design speed of no more than 25 miles per hour.

   Motor vehicle—A vehicle which is self-propelled except one which is propelled solely by human power or by electric power obtained from overhead trolley wires but not operated upon rails.

   Multi-purpose passenger vehicle—A passenger car which is constructed on a truck chassis or which has special features for off-road use in addition to highway use.

   NHTSA—The National Highway Traffic Safety Administration.

   NFPA—The National Fire Protection Association; 470 Atlantic Avenue; Boston, Massachusetts 02210.

   Ornamental lamps—Lamps not required and not located as described in Tables III, IV and V of this chapter, unless available as original equipment. Flashing or revolving lights are not ornamental lamps. Flashing or revolving lights and their use are addressed in Chapters 15 and 173 (relating to authorized vehicles and special operating privileges; and flashing or revolving lights on emergency and authorized vehicles).

   Parking brake system—A brake system used to hold and maintain a vehicle in a stationary position. A positive mechanical means is employed to hold the brake applied when the vehicle is unattended.

   Parking lamps—Steady-burning, low intensity lights used when a vehicle is stopped or parked.

   Passenger car—The term as defined in 75 Pa.C.S. §  102.

   Pedalcycle—A vehicle propelled solely by human-powered pedals.

   Person—A natural person, firm, copartnership, association or corporation.

   Ply—A layer of rubber-coated parallel cords.

   Pole trailer—A trailer, including those with a variable wheelbase, attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular-shaped loads, including poles, pipes or structural members capable of sustaining themselves as beams between the supporting connections.

   Rake—On motorcycles, the angle, measured in degrees, of a motorcycle’s steering axis in relation to a line which is perpendicular to the vehicle wheel base; on passenger cars or trucks, the ground clearance at the front or rear of a vehicle, reduced or increased, giving tilted appearance.

   Reconstructed vehicle—The term as defined in 75 Pa.C.S. §  102.

   Recreational trailer—A trailer designed, adapted and used exclusively for recreational purposes.

   Recreational and utility trailer inspection station—An inspection station appointed to inspect only recreational and utility trailers.

   Reflex reflector—A reflective device used for reflecting light, usually built into a lense.

   Registered gross weight—The term as defined in 75 Pa.C.S. §  102.

   Registration—The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.

   Safety insert tab—A numbered tab, applied to the Safety Certificate of Inspection, which indicates the month in which the safety certificate of inspection expires.

   School bus—The term as defined in 75 Pa.C.S. §  102.

   Secretary—The Secretary of Transportation of this Commonwealth.

   Semitrailer—A trailer constructed so that some part of its weight rests upon, or is carried by, the towing vehicle.

   Service brake system—A brake system used for retarding, stopping and controlling the vehicle under normal operating conditions.

   Side marker lamps—Lamps located on the left and right sides, beamed and intended to indicate vehicle length.

   Snow plow lamp—A lamp used in substitution of headlamps on vehicles equipped with snow plows.

   Special mobile equipment—A vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth-moving and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels and drag lines: and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

   Specially constructed vehicle—A vehicle not originally constructed by a generally recognized manufacturer of vehicles under a distinctive name and materially altered from its original construction but assembled from parts of various vehicles and kits and which would be commonly known as a ‘‘homemade’’ vehicle.

   Stop lamp—A lamp at the rear of the vehicle which indicates the brake is being applied by the operator to slow or stop the vehicle.

   Street rod—A motor vehicle, but not a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.

   Subject vehicle—A gasoline powered vehicle with a gross vehicle weight rating of 11,000 pounds or less, moved upon a highway and registered or titled in a designated area, as defined in Chapter 177 (relating to emission inspection program), except any of the following:

     (i) Special mobile equipment.

     (ii) An implement of husbandry.

     (iii) A motor vehicle being towed.

     (iv) A motor vehicle being driven or towed by an official inspection station owner or employe for the purpose of inspection.

     (v) A classic motor vehicle.

     (vi) An antique motor vehicle.

     (vii) A motorcycle.

     (viii) A motorized pedalcycle.

     (ix) A motor driven cycle.

     (x) A street rod.

     (xi) A vehicle being repossessed by a financer or collector/repossesser through the use of a miscellaneous motor vehicle business registration plate.

     (xii) 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.

     (xiii) 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.

     (xiv) A school bus over 11,000 pounds gross vehicle weight rating.

     (xv) A bus, other than school bus, with a seating capacity of 27 or more.

   Supply line—The piping, tubing or hose, including all related fittings, through which vapor or liquid passes between the first shut-off valve at the container and the final stage regulator or vaporizer.

   Suspend—To withdraw temporarily by formal action of the Department a license, registration or privilege issued or granted by the Department. Following a period of suspension, the Department will restore the license, registration or privilege.

   Tail lamp—A steady burning low-intensity light used on the rear of a vehicle.

   Taxi—A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, on a call and demand service and used for the transportation of persons for compensation.

   Temporary inspection approval indicator—An adhesive insert affixed to the current certificate of safety inspection, as viewed from inside the vehicle, used to designate vehicles which have successfully passed a required periodic safety inspection, but do not display a renewed emission certificate of inspection.

   Tire width—The linear distance between the exteriors of the sidewalls of an uninflated tire, excluding elevations due to labeling, decoration or protective sidebands.

   Trail—The distance measured in inches between the point at which the steering axis of a motorcycle intersects with the ground in front of the motorcycle and the point at which the forward limit of the wheel base intersects with the surface below the motorcycle.

   Trailer—A vehicle designed to be towed by a motor vehicle.

   Trailer inspection station—An inspection station appointed to inspect only trailers.

   Tread—That portion of the tire that comes into contact with the road.

   Tread rib—The tread section running circumferentially around the tire.

   Truck—A motor vehicle designed, used or maintained primarily for the transportation of property.

   Truck-camper—A structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.

   Truck tractor—A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

   Turn signal—A lamp showing to front and rear for the purpose of indicating an intention to turn either to the right or left or for pulling into traffic or changing lanes.

   UL—The Underwriter’s Laboratories, Inc.

   Utility trailer—A trailer, except a recreational trailer, which does not have air brakes.

   VIN—Vehicle identification number—A combination of numerals or letters, or both, which the manufacturer assigns to a vehicle for identification purposes or, in the absence of a manufacturer-assigned number, which the Department assigns to a vehicle for identification purposes.

   Vaporizer—A device that converts liquified natural gas and liquified petroleum gas to the gaseous state by means of heat.

   Vehicle—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

   Vehicle Control Division—The area of the Bureau which administers vehicle equipment and inspection matters.

   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.

   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).

 Equipment rules apply to vehicles operated on a highway, unless specifically exempted by this chapter.

 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.

   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).

 School buses, passenger vans under contract with or owned by a school district or a private or parochial school—including vehicles having chartered group and party rights under the Public Utility Commission—and 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.

   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).

 Other vehicles, including emergency vehicles and private noncommercial vehicles used to transport students, shall be inspected annually.

 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.

 (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.

   The provisions of this §  175.8 amended under Vehicle Code,

 A vehicle registered in another state may be inspected. A certificate of inspection shall be issued only if the vehicle meets inspection requirements.

 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.

 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.

   The provisions of this §  175.11 issued under the Vehicle Code, 75 Pa.C.S. § §  4101, 4702, 4703, 4706(e), 4728 and 6103.

   The provisions of this §  175.11 adopted September 26, 1997, effective September 27, 1997, 27 Pa.B. 5003.