RULES AND REGULATIONS
Title 17--CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND
[17 PA. CODE CH. 51]
Snowmobile and All-Terrain Vehicle Registration and Operation
[33 Pa.B. 4669]
The Department of Conservation and Natural Resources (Department), Bureau of Forestry (Bureau) and Bureau of Administrative Services, adopts amendments to Chapter 51 (relating to snowmobile and all-terrain vehicle registration and operation).
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information, contact William Slippey, Chief, Recreation Section, Operations and Recreation Division, Bureau of Forestry, DCNR, P. O. Box 8552, Harrisburg, PA 17105-8552, fax (717) 783-5109, email@example.com. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available electronically through the Department's website (www.dcnr.state.pa.us).
C. Statutory Authority
This final-form rulemaking is made under the authority in 75 Pa.C.S. § 7704 (relating to rules and regulations).
D. Background and Purpose
This final-form rulemaking implements recent amendments to 75 Pa.C.S. Chapter 77 (relating to snowmobile and all-terrain vehicles) and updates several provisions concerning the registration of snowmobiles and all-terrain vehicles (ATVs) to bring these provisions into conformity with current Department practice. In addition, provisions are deleted that merely repeat provisions of the act and are not needed as regulations.
E. Summary of Comments and Responses and Changes Made in the Final-Form Rulemaking
This final-form rulemaking was published as proposed at 32 Pa.B. 4364 (September 7, 2002), with a 60-day public comment period. As a result of the comments received from the public and from the Independent Regulatory Review Commission (IRRC), the Department made several changes to the proposed rulemaking. The comments and changes are discussed in this preamble.
Sections 51.12 and 51.15 (relating to applications for title and registration; and replacement of registration certificates, limited registration certificates, registration decals, registration plates and expiration stickers) use the phrase ''form furnished by the Department.'' The form names or numbers should be included in the final-form rulemaking.
The final-form rulemaking addresses the concern raised in this comment. The form referred in § 51.12 is entitled''Application Form.'' The final-form rulemaking makes reference to an ''application form'' furnished by the Department. The form referred in § 51.15 is entitled ''Request for Changes/Replacements Application Form.'' The final-form rulemaking makes reference to a ''request for changes/replacements application form'' furnished by the Department.
Section 51.12(a) lists the information that must be included on an application for a certificate of title and registration. Paragraph (9) states that a temporary registration number must be included on the form submitted to the Department. For clarity, the phrase ''A temporary registration number'' should be replaced with ''The temporary registration number issued by the dealer.''
The final-form rulemaking adopts this suggestion. In addition, it has been corrected--by the deletion of the word ''temporary''--to reflect that dealers now issue permanent registration numbers rather than temporary registration numbers. A similar correction has also been made in § 51.13(a) (relating to display of registration decals, registration plates and expiration stickers).
Section 51.12(b) lists items that must be included with the application. Paragraph (1) requires an applicant to provide proof of ownership. The final-form rulemaking should include examples of documentation that qualifies as acceptable proof of ownership.
The final-form rulemaking corrects this provision to require proof acceptable to the Department of the vehicle identification number and to specify acceptable forms of proof.
Section 51.35(b) (relating to sanctions for violations by dealers) addresses second and subsequent ''violations.'' IRRC noted that subsection (a) addresses first and subsequent ''offenses.'' IRRC requested the Department explain the difference between a ''violation'' and an ''offense.'' The heading of § 51.35 refers to ''violations.'' If there is no difference between ''offense'' and ''violation,'' the term ''violation'' should be used consistently throughout § 51.35.
The final-form rulemaking uses the term ''violation'' consistently throughout § 51.35.
Under § 51.35(c), the Department may determine that suspensions imposed for multiple violations be served concurrently or consecutively. The final-form rulemaking should include the criteria the Department will use to determine whether suspensions will be served concurrently or consecutively.
In exercising its administrative discretion to determine whether a suspension will be concurrent or consecutive, the Department will consider the circumstances of the particular case. Specifying in these regulations the circumstances under which it will impose concurrent suspensions and those under which it will impose consecutive suspensions will unduly restrict the Department's ability to tailor the penalty to the violation. Therefore, the final-form rulemaking has not been changed in response to the comment.
Section 51.35(f)(1) provides a 3-day time frame after the effective date of a suspension or revocation for a dealer to return the registration certificate, registration plates and registration cards. Is this sufficient time to return the required material?
The Department believes that sufficient time to return the material is provided under this provision. The dealer will be given written notice of the effective date of a suspension or revocation prior to the effective date of the action. Therefore, the dealer will have advance notice of the requirement to return the materials. The 3-day period does not begin to run until after the effective date of the action.
Section 51.35(f)(2) allows for ''an acceleration of the application of sanctions'' if a dealer fails to return the items listed in subsection (f)(1). The phrase ''acceleration of the application of sanctions'' is vague. IRRC requested the Department clarify the meaning of this phrase.
This provision is clarified in the final-form rulemaking by specifying that a dealer who fails to return the items listed in subsection (f)(1) is subject to an addition of 3 months to the suspension imposed under subsection (a) or the revocation imposed under subsection (d).
Section 51.45 (relating to fees for additional dealer plates) increases the fees for additional snowmobile and ATV dealer plates. IRRC requested the Department explain the basis for these fee increases.
Until this final-form rulemaking, there has been no increase in the fees for additional dealer plates since the establishment of the original fees. The fees were originally established in 1973 for snowmobile plates and in 1986 for ATV plates. The substantial increase in the cost of labor, materials and mailing in the 30 and 17 years, respectively, since the establishment of these fees justifies the increases now being made.
Section 51.51(1) (relating to safety training) requires snowmobile and ATV safety training to be conducted by instructors or organizations approved by the Department. The final-form rulemaking should clarify how a person would know if an instructor or organization was approved by the Department. Does the Department publish a list of approved instructors and organizations? What is the process for an instructor or organization to become approved by the Department?
The final-form rulemaking states that an application for approval as a safety training instructor and a list of approved instructors and organizations may be obtained from the Bureau. The Department does not publish this list. Persons or organizations that wish to be approved by the Department to conduct training submit a completed application form to the Bureau. The Bureau determines what additional training, if any, the applicant needs for approval as a safety trainer. Organizations that are approved to provide training will be required to enter into an agreement with the Department. The agreement will address course content requirements, instructor responsibilities and recordkeeping and reporting requirements.
Section 51.54(c) (relating to safety certificates) states that safety certificates from other states or provinces of Canada will be accepted if the Department deems the safety training programs of the other jurisdictions to be comparable to the Department's safety training program. How will the Department determine if an outside safety training program is comparable to its own safety training program? How would a person know if a safety certificate from another state or province of Canada is acceptable to the Department?
For snowmobiles, the Department honors safety certificates issued by states that have received approval of their training programs by the International Association of Snowmobile Administrators (IASA). For ATVs, the Department honors safety certificates issued by the ATV Safety Institute (ASI) or by training programs that use the curriculum published by Outdoor Empire Publishing, Inc. If the training was neither an ASI nor an Outdoor Empire training, the Department will review the course materials to determine if the training was comparable to the Department's training program. The final-form rulemaking does not refer to these specific organizations (IASA, ASI and Outdoor Empire) by name because the Department does not wish the effectiveness or validity of the regulation to be dependent on the permanence of these organizations. A person would know if a safety certificate from another state or province is acceptable to the Department by contacting the Bureau.
Section 51.72 prohibited carrying a passenger on an ATV that was not originally designed to carry a passenger. Similar language was deleted from HB 154, which became Act 68 amending the act. Because this language was deleted from the legislation, the Department does not have the authority to add this language to this final-form rulemaking.
Carrying a passenger on an ATV that is designed for only one person is not necessarily a dangerous practice, but in those situations where an ATV is being operated dangerously, enforcement of section 7726 of the act (relating to operation in safe manner) will sufficiently address the matter.
The Department has deleted § 51.72 in the final-form rulemaking. Because of its concern with visitor safety on its lands, the Department is considering other approaches to discourage unsafe riding practices, particularly double riding on ATVs. Posting on ATV trails may be one approach. Another may be to enforce section 7726 of the act, which prohibits operating a snowmobile or ATV in ''any careless way so as to endanger the person or property of another.'' Whatever approach the Department ultimately adopts, it intends to take into account factors such as vehicle speed, terrain, surface conditions and emergency situations (for example, rescues).
Under § 51.91(c) (relating to snowmobile sound level requirements), the phrase ''alternate proof, acceptable to the Department'' is vague. The final-form rulemaking should specify the forms of ''alternate proof'' which are acceptable.
The final-form rulemaking addresses this concern by specifying that acceptable proof includes certification by the Snowmobile Safety Certification Committee or by a competent independent testing laboratory.
The Commissioners of Mifflin County supported language in the proposed rulemaking that would prohibit ATVs and snowmobiles from being operated on railroad property, unless otherwise designated approved.
The regulation does not address this matter. However, it is addressed in section 7724(a) of the act (relating to operation on private or State property), which prohibits operating snowmobiles and ATVs on private property without the consent of the owner.
In addition to the changes made in this final-form rulemaking in response to comments it received on the proposed rulemaking, the Department also made a change as a result of its own review of the proposed rulemaking. Section 51.63 (relating to accident reports) lists information to be included in accident reports that are required by section 7728 of the act (relating to accidents and accident reports) to be filed with the Department. The proposed rulemaking did not make any changes to this list. The final-form rulemaking reorganizes the list and makes minor changes so that it reflects the accident report form actually being used by the Department. The following items are added to the list: make, model and year of the vehicles involved; identification of witnesses; and the ages of persons injured or killed in the accident. Information about pedestrians is eliminated because it is covered by other items in the list.
F. Benefits, Costs and Compliance
The benefits of this final-form rulemaking are that this chapter is simplified by eliminating unnecessary provisions, clarified by revising some of the language and updated to reflect current Department practice and to implement recent amendments to Chapter 77 of the act.
Compliance Costs and Paperwork Requirements
The only costs to the general public resulting from this final-form rulemaking will be the minimal cost, if any, to ATV registrants of attaching a registration plate to their machine. The costs to the private sector will be the costs dealers would incur from a suspension or revocation of dealer registration due to failure to submit forms and fees to the Department as required by the act. The costs to the Commonwealth will be negligible. There will be no costs to local governments.
This final-form rulemaking does not impose additional paperwork requirements.
G. Sunset Review
Chapter 51 will be monitored by the Department to determine whether the regulations effectively accomplish their intended goals.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 26, 2002, the Department submitted a copy of proposed rulemaking, published at 32 Pa.B. 4364, to IRRC and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(g.2) of the Regulatory Review Act (71 P. S. § 745.5a(g.2)), this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 14, 2003, and approved the final-form rulemaking.
The Secretary, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 17 Pa. Code Chapter 51, are amended by amending §§ 51.1, 51.2, 51.12, 51.13, 51.15, 51.19, 51.32, 51.45, 51.51, 51.54, 51.63, 51.82, 51.83, 51.91; deleting §§ 51.11, 51.14, 51.16, 51.17, 51.21, 51.22, 51.31, 51.33, 51.34, 51.41--51.44, 51.46, 51.52, 51.53, 51.61, 51.62, 51.71--51.76, 51.81 and 51.94--51.96; and adding § 51.35 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form, as required by law.
(c) The Department shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect upon final publication in the Pennsylvania Bulletin.
MICHAEL F. DIBERARDINIS,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 4372 (August 30, 2003).)
Fiscal Note: Fiscal Note 7B-5 remains valid for the final adoption of the subject regulations.
TITLE 17. CONSERVATION AND NATURAL RESOURCES
PART I. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Subpart E. OUTDOOR RECREATION
CHAPTER 51. SNOWMOBILE AND ALL-TERRAIN VEHICLE REGISTRATION AND OPERATION
§ 51.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ATV--An all-terrain vehicle as defined in section 7702 of the Vehicle Code (relating to definitions).
Dealer--A dealer as defined in section 7702 of the Vehicle Code.
Person--A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative and a department, agency or instrumentality of the Commonwealth, or a governmental subdivision of the Commonwealth.
Snowmobile--A snowmobile as defined in section 7702 of the Vehicle Code.
Vehicle Code--Title 75 of the Pennsylvania Consolidated Statutes (relating to vehicles).
§ 51.2. Authority.
This chapter is adopted by the Department under section 7704 of the Vehicle Code (relating to rules and regulations) and applies to persons subject to Chapter 77 of the Vehicle Code (relating to snowmobiles and all-terrain vehicles).
REGISTRATION AND TITLING
§ 51.11. (Reserved).
§ 51.12. Applications for title and registration.
(a) Contents of application. An application for a certificate of title and registration shall include the following on an application form furnished by the Department:
(1) The name, address and county of the residence of owner.
(2) The make, model, year, serial number of the vehicle.
(3) The date of purchase and the purchase price.
(4) A security interest, if applicable.
(5) A designation of whether the vehicle is a snowmobile, Class I ATV or Class II ATV under section 7702 of the Vehicle Code (relating to definitions).
(6) A designation of type of registration under section 7711.1 or section 7711.2 of the Vehicle Code (relating to registration of snowmobile or ATV; and limited registration of snowmobile or ATV).
(7) The amount of Sales Tax due, if any.
(8) The amount of applicable fees under section 7715.2 of the Vehicle Code (relating to fees).
(9) The registration number issued by the dealer, the date issued and the dealer registration number.
(b) Proof of vehicle identification number (VIN); fees. The following shall be included with the completed application submitted to the Department:
(1) Proof acceptable to the Department of the VIN. Acceptable proof includes any of the following:
(i) Manufacturer's statement of origin.
(ii) Sales receipt.
(iii) A tracing, rubbing or mechanic's certification of the VIN.
(2) Payment of applicable Sales Tax.
(3) Payment of applicable fees under section 7715.2 of the Vehicle Code.
§ 51.13. Display of registration decals, registration plates and expiration stickers.
(1) Registration decals. Two valid registration decals shall be affixed to the snowmobile forward of the handle bars, one on each side of the cowling, or one on the outside of each trailing edge of the windshield.
(2) Expiration stickers. Two valid expiration stickers shall be affixed to the snowmobile, each sticker to the immediate right of a registration decal. This requirement does not apply to snowmobiles with limited registration.
(1) Registration plate. A valid registration plate shall be displayed on the upper half of the rear of the ATV in the following manner:
(i) Securely attached. It is not a violation of this section to attach the plate in such a manner that it can swing.
(ii) So that no part of the plate is in line with a tire.
(iii) So that the information on the plate, including any required stickers, is clearly visible from behind the ATV.
(2) Temporary registration sticker. For ATVs with temporary registration, a valid temporary registration sticker shall be affixed to a lower corner of the registration plate.
(3) Expiration sticker. A valid expiration sticker shall be affixed to a lower corner of the registration plate. This requirement does not apply to ATVs with a valid temporary registration sticker or with limited registration.
§ 51.14. (Reserved).
§ 51.15. Replacement of registration certificates, limited registration certificates, registration decals, registration plates and expiration stickers.
A replacement of a registration certificate, limited registration certificate, registration decal, registration plate or expiration sticker will be issued upon application by the owner on a request for changes/replacements application form furnished by the Department and payment of the fee required under section 7715.2 of the Vehicle Code (relating to fees).
§ 51.16. (Reserved).
§ 51.17. (Reserved).
§ 51.19. Snowmobile or ATV owned by United States, another state or political subdivision.
If a snowmobile or ATV is exempt from registration under section 7711.1(f)(2) of the Vehicle Code (relating to registration of snowmobile or ATV) because it is owned and used by the United States or another state or political subdivision, the name of the owner shall be displayed on the cowling or windshield of the snowmobile and in a conspicuous location on the ATV.
§ 51.21. (Reserved).
§ 51.22. (Reserved).
§ 51.31. (Reserved).
§ 51.32. Display of registration plates.
Dealer registration plates required under section 7711 of the Vehicle Code (relating to registration of dealers) shall be displayed as follows:
(1) Snowmobile. Two plates shall be displayed on the snowmobile, one on the inside of each trailing edge of the windshield.
(2) ATV. The plate shall be displayed on the upper half of the rear of the ATV in the following manner:
(i) The plate shall be securely attached. It is not a violation of this section to attach the plate so that it can swing.
(ii) So that no part of the plate is in line with a tire.
(iii) So that the information on the plate is clearly visible from behind the ATV.
§ 51.33. (Reserved).
§ 51.34. (Reserved).
§ 51.35. Sanctions for violations by dealers.
(a) Sanctions. A dealer who has failed to forward documents required by section 7712.2(c) or section 7715.1(a) of the Vehicle Code (relating to transfer to or from dealer; and snowmobile or ATV purchased from dealer) to the Department within 15 days or who has submitted to the Department documents accompanied by uncollectable checks drawn on the account of the dealer, is subject to the following sanctions after receiving written notice and an opportunity for a hearing:
(1) First violation. Suspension of dealer registration until the documents are submitted or checks are paid.
(2) Second violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 3 months suspension.
(3) Third violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 6 months suspension.
(4) Fourth and subsequent violation. Revocation of dealer registration.
(b) Second and subsequent violations. Second violations are determined on the basis of a previous violation under this section committed within a 3-year period. Third or subsequent violations are determined on the basis of two or more previous violations committed within a 3-year period.
(c) Multiple violations. In the case of multiple violations considered at one time, the Department may impose separate sanctions for each violation under the schedule in subsection (a). The Department may direct that a suspension imposed be applied concurrently or consecutively.
(d) Revocation. Upon revocation of a dealer's registration, the dealer will be debarred from applying for a new registration for 1 year.
(e) Effective date of suspension or revocation. A suspension or revocation of dealer registration shall take effect on the date ordered by the Department.
(f) Return of dealer certificate, plates and cards.
(1) Within 3 days of the effective date of a suspension or revocation of dealer registration, a dealer shall return to the Department the registration certificate, the registration plates and the registration cards that had been issued to the dealer by the Department.
(2) A dealer who fails to comply with paragraph (1) is subject to an addition of 3 months to the suspension imposed under subsection (a) or the revocation imposed under subsection (d).
(g) Hearings. The provisions in 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) apply to hearings under this section.
§ 51.41. (Reserved).
§ 51.42. (Reserved).
§ 51.43. (Reserved).
§ 51.44. (Reserved).
§ 51.45. Fees for additional dealer plates.
The fee for each set of two additional snowmobile dealer plates is $5. The fee for each additional ATV dealer plate is $10.
§ 51.46. (Reserved).
§ 51.51. Safety training.
Safety training required by section 7725 of the Vehicle Code (relating to operation by persons under age sixteen) shall meet the following requirements:
(1) Training shall be conducted by instructors or organizations that have been approved by the Department. An application for approval and a list of approved instructors and organizations may be obtained from the Department's Bureau of Forestry.
(2) Training shall be based on a curriculum and manual approved by the Department, which include the following: machine nomenclature, control familiarization, machine safety features, operating procedures, snowmobile or ATV laws and regulations, proper clothing, safety equipment, emergency situations, first aid and written tests.
§ 51.52. (Reserved).
§ 51.53. (Reserved).
§ 51.54. Safety certificates.
(a) The instructor or organization that conducted the training in accordance with § 51.51 (relating to safety training) shall submit to the Department the name, address and date of birth of each student who successfully completed the training.
(b) The Department will issue a snowmobile or ATV safety certificate to the students whose names were submitted in accordance with subsection (a). Persons under 10 years of age or over 15 years of age are not eligible for a safety certificate.
(c) The Department will honor, in lieu of a safety certificate issued under subsection (b), a safety certificate issued to a child who is a resident of another state or a province of Canada if the certificate was issued or is recognized by the state or province under a program deemed by the Department to be comparable to the Department's safety training program. The certificate will satisfy the requirements of section 7725 of the Vehicle Code (relating to operation by persons under age sixteen).
§ 51.61. (Reserved).
§ 51.62. (Reserved).
§ 51.63. Accident reports.
A written report of an accident required by section 7728 of the Vehicle Code (relating to accidents and accident reports) shall contain the following information:
(1) The registration number, make, model and year of each vehicle involved.
(2) The date, time and location of the accident.
(3) The name, address and age of each vehicle operator, passenger and witness.
(4) The training and number of years of driving experience of the snowmobile or ATV operator.
(5) The name and address of the owner of the property where the accident occurred.
(6) A description of the accident.
(7) The weather and ground conditions at the time of the accident.
(8) The name, address and age of any person injured or killed in the accident.
(9) The nature and extent of any injuries.
(10) A description and estimate of damage to property, including vehicles.
§ 51.71. (Reserved).
§ 51.72. (Reserved).
§ 51.73. (Reserved).
§ 51.74. (Reserved).
§ 51.75. (Reserved).
§ 51.76. (Reserved).
DESIGNATING SNOWMOBILE OR ATV ROADS
§ 51.81. (Reserved).
§ 51.82. Barricades for snowmobile or ATV roads.
Streets and highways posted as exclusive snowmobile or ATV roads under section 7722 of the Vehicle Code (relating to designation of snowmobile and ATV roads) shall be barricaded in the following manner:
(1) At the beginning of the section of the street or highway so posted and at each intersecting street and highway.
(2) With Type III barricades which shall conform to the standards of PennDOT Publication 90, Handbook for Work Area Traffic Control, except as follows:
(i) The barricade rails shall be alternate red and white stripes.
(ii) The entire area of red and white shall be reflectorized with Class I reflective sheeting approved for use in this Commonwealth by the Department of Transportation.
(3) A Department of Transportation approved Type B flasher shall be attached to the top rail of each barricade or a ''ROAD CLOSED AHEAD,'' sign shall be placed in advance of the barricade.
(4) Each barricade will be posted with an official ''SNOWMOBILE ROAD CLOSED TO ALL OTHER VEHICLES'' or ''ALL-TERRAIN VEHICLE ROAD CLOSED TO ALL OTHER VEHICLES'' sign.
(5) Signs shall conform to the requirements of 67 Pa. Code Chapter 211 (relating to official traffic control devices).
§ 51.83. Posting signs for snowmobile or ATV roads.
(a) A street or highway which has been posted as a snowmobile or ATV road allowing both snowmobiles or ATVs and other vehicular traffic under section 7722 of the Vehicle Code (relating to designation of snowmobile and ATV roads) shall be posted in the following manner:
(1) An official ''SNOWMOBILE ROAD'' or ''ATV ROAD'' sign shall be used and shall conform to 67 Pa. Code Chapter 211 (relating to official traffic control devices).
(2) The ''SNOWMOBILE ROAD'' or ''ATV ROAD'' sign shall be installed on the right side of the street or highway at the beginning of the posted snowmobile or ATV road and on the right side of the snowmobile or ATV road within 100 feet beyond each intersecting street or highway and at locations thereafter which will afford notice to all users of the road that it is a snowmobile or ATV road.
(3) The ''END'' plaque shall be used in conjunction with the ''SNOWMOBILE ROAD'' or ''ATV ROAD'' sign to indicate the end of a posted snowmobile or ATV road.
(b) On each street and highway intersecting the posted snowmobile or ATV road, an official ''SNOWMOBILE CROSSING'' or ''ATV CROSSING'' sign may be installed on each approach of the intersecting street or highway. Signs shall conform to the requirements of 67 Pa. Code Chapter 211.
§ 51.91. Snowmobile sound level requirements.
(a) It is unlawful to operate a snowmobile that produces a sound intensity exceeding 78 decibels at 50 feet on the A scale as measured in accordance with SAE Recommended Practice J-192a.
(b) Except as provided in subsection (c), it is unlawful to operate a snowmobile unless its exhaust system displays an authentic ''SSCC'' (Snowmobile Safety Certification Committee) stamp.
(c) If the exhaust system of a snowmobile lacks an authentic ''SSCC'' stamp, the operator, upon the request of a person having authority to enforce the provisions of this chapter, shall produce alternate proof, acceptable to the Department, that the sound intensity, when measured according to the standards in subsection (a), does not exceed the level in subsection (a). Proof acceptable to the Department includes certification by the SSCC or by a competent independent testing laboratory.
§ 51.94. (Reserved).
§ 51.95. (Reserved).
§ 51.96. (Reserved).
[Pa.B. Doc. No. 03-1836. Filed for public inspection September 19, 2003, 9:00 a.m.]
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