PROPOSED RULEMAKING
[67 PA. CODE CH. 175]
Vehicle Equipment and Inspection
[33 Pa.B. 4175] The Department of Transportation (Department), Bureau of Motor Vehicles, under the authority in 75 Pa.C.S. §§ 4103, 4107, 4702 and 6103, proposes to amend Chapter 175 (relating to vehicle equipment and inspection), to read as set forth in Annex A.
Purpose of Chapter 175
The purpose of Chapter 175 is to implement 75 Pa.C.S. §§ 4101--4982 (relating to vehicle characteristics), which establishes minimum standards for vehicle equipment and performance and makes unlawful the sale and use of items which do not comply with standards.
Purpose of the Proposed Rulemaking
The purpose of the proposed rulemaking is to ensure that all vehicles registered in this Commonwealth are equipped with appropriate exhaust emission control systems as required by State and Federal law. Section 4107 of 75 Pa.C.S. (relating to unlawful activities) makes it unlawful for persons to willfully and intentionally remove or render inoperative an item of vehicle equipment which was required to be installed at the time of the vehicle's manufacture. See 75 Pa.C.S. § 4107(b). The Clean Air Act (act) (42 U.S.C.A. §§ 7401--7671q) and the regulations promulgated thereunder, 40 CFR Parts 51 and 85 (relating to regulations for preparation, adoption and submittal of implementation plans; and control of air pollution from mobile sources) require vehicle manufacturers to install the emission control equipment which is the subject of this proposed rulemaking. As applied in this Commonwealth, other provisions of the act provide for the testing of this required vehicle emissions equipment in 25 counties in this Commonwealth. However, there are currently no provisions in Department regulations requiring inspection for even the presence of this required equipment in the remaining 42 counties under which to ensure that vehicle owners are in compliance with 75 Pa.C.S. § 4107(b) and that this equipment has not been removed or rendered inoperative. The proposed rulemaking provides for an inclusion in the safety inspection regimen of a visual inspection for the presence of the required equipment in vehicles registered in the counties not subject to emissions testing.
The proposed rulemaking also eliminates the requirement that inspection stations forward original official inspection report sheets to the Department and retain duplicate copies in station files. The proposed rulemaking requires only retention of the original official inspection report sheets in the station files.
Significant Provisions of the Proposed Rulemaking
The proposed rulemaking adds § 175.80(d) (relating to inspection procedure). This adds a visual inspection for the presence of the catalytic converter, exhaust gas recirculation valve, positive crankcase ventilation valve, fuel inlet restrictor, air pump and evaporative control system components. The section also requires a determination by the inspector as to whether the device is the correct type for the vehicle and if it appears to be properly connected.
The subsection will be applicable to vehicles registered in counties where there is not an emission inspection program. In counties where there is a current inspection/maintenance inspection program, verification of the presence and appropriateness of these components is already a part of the emissions inspection performed under Chapter 177 (relating to enhanced emission inspection program).
In addition, the proposed rulemaking modifies § 175.42(c) (relating to recording inspection), which currently requires inspection stations to forward completed official inspection report sheets to the Department and retain duplicate copies in station files for 2 years. The amendment would eliminate the need to forward the original sheets to the Department and require only that the original sheets be kept in station files for the 2-year period. This recordkeeping change will not impair the enforceability of the section.
Persons and Entities Affected
The amendment to § 175.80 will affect the owners of vehicles registered in the counties in this Commonwealth where there is not a current emission inspection program. The amendment will also affect certified safety inspection stations in those counties. Some inspection stations in counties having a current emission inspection program may also be affected to the extent that vehicles registered in neighboring counties where there is not an emission inspection program may seek to have a safety inspection performed at that station.
The amendment to § 175.42 will provide paperwork relief to all safety inspection stations.
Fiscal Impact
The proposed rulemaking may result in additional cost to consumers with vehicles registered in counties where there is not an emission inspection program if a vehicle fails to pass the safety inspection because of these new components of the inspection. Additional market-driven marginal increases in the cost of inspection could also result because of the addition of the new visual inspection procedures. The amendment to § 175.42 will marginally reduce the cost for inspection stations in eliminating postage and duplicating costs associated with sending the original inspection report sheets to the Department and retaining duplicate copies. The fiscal impact of these amendments cannot, however, be measured with any precision.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 12, 2003, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Transportation. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed regulations within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
The Department is not establishing a sunset date since these amendments are needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Kristen Singer, Vehicle Inspection Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, within 30 days of the publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about the proposed rulemaking is Kristen Singer, Vehicle Inspection Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, krsinger@state.pa.us.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-385. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 175. VEHICLE EQUIPMENT AND INSPECTION
Subchapter C. CERTIFICATE OF INSPECTION § 175.42. Recording inspection.
* * * * * (c) [Duplicates] Records retention. [An] The original official inspection report sheet shall be [maintained in duplicate and, upon completion of the entire sheet, the original copy shall be forwarded immediately to the Bureau of Motor Vehicles, Vehicle Control Division, Post Office Box 8696, Harrisburg, Pennsylvania 17105. The duplicate copy shall be] retained as a garage record and kept on file at the station for 2 years. At the close of each inspection period, [the origianl report shall be returned to the Bureau at once] the official inspection report sheet shall be placed in the station's files, even though all spaces may not have [not] been used, and a new inspection report sheet shall be started for the new inspection period.
* * * * * (f) [Enclosures prohibited. Letters, checks, sticker requisitions or other items may not be enclosed when forwarding the report forms to the Vehicle Control Division.
(g)] * * *
* * * * *
Subchapter E. PASSENGER CARS AND LIGHT TRUCKS § 175.80. Inspection procedure.
* * * * * (d) Visual inspection of emission control system. Vehicles registered in counties where there is not an emission inspection program under Chapter 177 (relating to emission inspection program), shall be checked visually for the presence of emission control components. These components may be original vehicle equipment or an equivalent aftermarket replacement component meeting the same standards.
(1) The visual inspection shall be performed through direct observation or through indirect observation, using a mirror or other visual aid.
(2) Provided that the make and model year of the vehicle would have originally been equipped with the device, reject if one or more of the following apply:
(i) The catalytic converter has been removed, disconnected or appears to be the wrong type for the certified vehicle configuration.
(ii) Exhaust gas recirculation (EGR) valve has been removed, disconnected or appears to be the wrong type for the certified vehicle configuration.
(iii) Positive crankcase ventilation (PCV) valve has been removed, disconnected or appears to be the wrong type for the certified vehicle configuration.
(iv) Fuel inlet restrictor has been removed, disconnected or appears to be the wrong type for the certified vehicle configuration.
(v) Air pump has been removed, disconnected or appears to be the wrong type for the certified vehicle configuration.
(vi) Evaporative control system components have been removed, disconnected or appear to be the wrong type for the certified vehicle configuration.
(e) Beneath the vehicle inspection. A beneath the vehicle inspection shall be performed as follows:
* * * * * [(e)] (f) * * *
* * * * *
[Pa.B. Doc. No. 03-1630. Filed for public inspection August 22, 2003, 9:00 a.m.]
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