PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 173]
Flashing or Revolving Lights on Emergency and Authorized Vehicles
[35 Pa.B. 6769] The Department of Transportation (Department), under 75 Pa.C.S. §§ 4571, 4572 and 6103 (relating to visual and audible signals on emergency vehicles; visual signals on authorized vehicles; and promulgation of rules and regulations by department), proposes to amend Chapter 173 (relating to flashing or revolving lights on emergency and authorized vehicles) to read as set forth in Annex A.
Purpose of Chapter
This proposed rulemaking provides the limitations and requirements for flashing and revolving lighting on emergency and authorized vehicles. The purpose of Chapter 173 is to set forth the nature, display, color, standards and configuration for flashing, revolving and oscillating lights that may be displayed on emergency and authorized vehicles.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to provide greater flexibility and lighting options to ensure that emergency and authorized vehicles have adequate flashing or revolving lights. The proposed rulemaking allows the use of flashing and revolving lights which were not envisioned or available at the time the regulations were originally adopted. The proposed rulemaking also clarifies the flashing or revolving lighting options and requirements for an unmarked police car.
This proposed rulemaking reflects the joint effort of the State Police and the Department. The State Police also solicited advice and recommendations from local police departments and other law enforcement officials throughout this Commonwealth, as well as members of the emergency lighting industry.
Summary of Significant Amendments
Section 173.2 (relating to definitions) has been amended to include within the definition of ''flashing light'' lights that flash as a result of any other means providing an intermittent change in intensity to a viewer. This broader language is an acknowledgement that there are multiple different technologies for causing lights to flash. The broader language will allow the use of other kinds of flashing lights.
Section 173.3(a)(5) (relating to display requirements) has been amended to allow authorized vehicles to display one or more flashing or revolving yellow lights consistent with the language of 75 Pa.C.S. (relating to the Vehicle Code). Prior to its amendment in 2001, 75 Pa.C.S. § 4572(b) permitted authorized vehicles to display one or two flashing or revolving yellow lights. The 2001 amendment removed the two light maximum. Authorized vehicles are now permitted under 75 Pa.C.S. § 4572(b) to display one or more flashing or revolving yellow lights.
Section 173.3(a)(8), regarding utility lights, has been added. Examples of uses of utility lights include lights used to illuminate the blade of a snow plow. This is helpful to the driver of the plow because it helps him see the edge of the plow. It is also helpful for motorists who pass snow plows to insure that they also see the edge of the plow to ensure that they stay clear of it.
Section 173.3(b) was amended to remove the 360° flashing light visibility requirement for unmarked police cars. However, the proposed rulemaking requires unmarked police cars to provide visibility to vehicles approaching from the front and the rear.
Section 173.3(d) was amended to provide specific mounting locations for police vehicles, emergency vehicles other than police vehicles and authorized vehicles. The authorized locations have been broadened to allow for the use in previously unauthorized locations to ensure visibility of the lights.
Section 173.4 (relating to wiring) has been amended to be consistent with current industry standards for wiring.
Persons and Entities Affected
This proposed rulemaking affects owners of emergency and authorized vehicles who are qualified to display flashing or revolving lights.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of any additional funds by the Commonwealth or local municipalities. This proposed rulemaking will not impose any additional costs on the regulated community and may reduce costs by providing more lighting options for emergency and authorized vehicles.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 6, 2005, 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 Transportation Committees. 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 rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must 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 will make this proposed rulemaking effective upon final-form publication following appropriate evaluation of comments, suggestions or objections received during the period allowed for public comment. The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under 75 Pa.C.S. 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 Raymond Rugh, Chief, Equipment Division, 17th and Arsenal Boulevard, Harrisburg, PA 17120 within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about this proposed rulemaking is Lawrence Allen, Equipment Division, 17th and Arsenal Boulevard, Harrisburg, PA 17120, (717) 787-2123.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-404. 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 173. FLASHING OR REVOLVING LIGHTS ON EMERGENCY AND AUTHORIZED VEHICLES § 173.1. Purpose.
This chapter pertains to the nature, display, color, minimum performance standards and configuration of flashing, oscillating or revolving lights that are permissible for display by emergency and authorized vehicles.
§ 173.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Flashing light--A light designed to flash by current interruption, oscillation [of the lamp or current, or by revolution of the lamp] or by any other means providing an intermittent change in intensity when the light is observed from a fixed position.
* * * * * Intersection light--A flashing red [light device, mounted on the upper portion of each front fender of an emergency vehicle, and used as a part of the flashing or revolving light system to enhance the visibility of an emergency vehicle as it approaches or travels through an intersection], blue, white or clear light used as part of a flashing or revolving light system to enhance the visibility of an emergency vehicle as it approaches or travels through an intersection.
* * * * * Light-bar assembly--A device designed and constructed to provide and display more than one steady burning, flashing, oscillating or revolving [beam of] light.
Oscillation--[ovement] Movement back and forth between two or more points, including the alternation between the maximum and minimum voltage.
* * * * * Unmarked police vehicle--A police vehicle not equipped with a roof-mounted light-bar assembly. The vehicle may display graphics, markings or decals, identifying the agency or department.
§ 173.3. Display requirements.
(a) Color. White, clear, red, blue, amber or yellow are the only colors permitted for use in flashing or revolving lights.
(1) Chromaticity coordinates. A flashing [or], revolving or oscillating light [shall comply with] must meet or exceed the Chromaticity Coordinates, CIE 1931, Standard Colorimetric System as provided in SAE Standard J578d, Color Specification for Electrical Signal Lighting Devices, September 1978 or subsequent SAE Standards. This requirement does not apply to flashing headlamp systems.
(2) Red lights. A vehicle may display red lights [as follows:] as provided by 75 Pa.C.S. § 4571 (relating to visual and audible signals on emergency vehicles).
[(i) Under 75 Pa.C.S. § 4571 (relating to visual and audible signals on emergency vehicles), an emergency vehicle, as defined in 75 Pa.C.S. § 102 (relating to definitions), shall be equipped with one or more flashing or revolving red lights.
(ii) Under 75 Pa.C.S. § 4571, Pennsylvania Public Utility Commission vehicles used for the enforcement of 66 Pa.C.S. Chapters 23 and 25 (relating to common carriers; and contract carrier by motor vehicle and broker) may be equipped with flashing or revolving red lights.]
(3) Blue lights. [Under] A vehicle may display blue lights as provided for by 75 Pa.C.S. § 4572(a) (relating to visual signals on authorized vehicles)[, ambulance personnel, owners and handlers of dogs used in tracking humans, and volunteer firefighters may each equip one personal vehicle with no more than two flashing or revolving blue lights or one light-bar assembly containing no more than two blue lights. Only blue lights may be used on the light-bar assembly]. Vehicles described in 75 Pa.C.S. § 4572(a) may be equipped with a light-bar assembly using only blue lights. See Figure 3.1.
(4) Combination red-and-blue lights. [Under] Vehicles listed under 75 Pa.C.S. § 4571(b)[, police, sheriff, coroner, medical examiner or fire police vehicles may be equipped with flashing or revolving blue lights in addition to red lights--combination red-and-blue lights] may display combination red-and-blue lights. The privately-owned vehicles [of a police chief, assistant police chief, fire police captain and fire police lieutenant] listed under 75 Pa.C.S. § 102 (relating to definitions of an emergency vehicle) shall be equipped under [paragraph (2)] 75 Pa.C.S. § 4571(a).
(5) Yellow or amber lights. A vehicle may display yellow or amber lights as follows:
(i) Under 75 Pa.C.S. § 4572(b), an authorized vehicle as defined in 75 Pa.C.S. § 102 and designated in Chapter 15 (relating to authorized vehicles and special operating privileges) may be equipped with [no more than two] flashing or revolving yellow or amber lights or one or more light-bar [assembly] assemblies containing [no more than two] only yellow or amber lights. [Only yellow or amber lights may be used on the light-bar assembly.] See Figure 3.1.
* * * * * (ii) An authorized vehicle which is used in the construction, repair or maintenance of a bridge or highway may be equipped with traffic control emergency directional light assemblies.
(iii) Emergency vehicles may be equipped with [no more than two] yellow or amber lights, in addition to [one] traffic control emergency directional light [assembly] assemblies. Yellow or amber lights shall be mounted on the rear of the vehicle or shall face rearward.
(6) White or clear lights. In addition to flashing or revolving red or combination red-and-blue lights, an emergency vehicle may be equipped with a flashing headlamp system and no more than one flashing [or], revolving or oscillating white or clear light, except [that] an emergency vehicle may be equipped with a light-bar assembly containing no more than [two] three flashing [or], revolving or oscillating white or clear lights. This section does not include preemptive traffic control devices.
(i) When the light-bar assembly contains three flashing, revolving or oscillating white or clear lights, the center light must be mounted to flash white or clear light only to the front.
(ii) When the vehicle is stationary, the light-bar assembly may not display white or clear light to the rear.
(iii) Flashing [or], revolving or oscillating white or clear lights and flashing headlamp systems may only be used in conjunction with the flashing or revolving red or combination red-and-blue lights. Flashing [or], revolving or oscillating white or clear lights and flashing headlamp systems that are not used in conjunction with flashing or revolving red or combination red-and-blue lights do not constitute visual signals under 75 Pa.C.S. § [§ ] 3325 [and 4571] (relating to duty of driver on approach of emergency vehicle[; and visual and audible signals on emergency vehicles]) and 75 Pa.C.S. § 4571.
[(ii) Flashing headlamp systems are to be used under 75 Pa.C.S. § 4306 (relating to use of multiple-beam road lighting equipment).]
(7) Steady burning lights. [Unauthorized colored, white or clear] Red, blue, amber or yellow nonflashing or nonrevolving lights--steady burning lights--may [not] be used in conjunction with flashing or revolving lights[, except for steady burning lights used on emergency vehicles as specified in 75 Pa.C.S. § 4571(a) and (b)(3)]. [These lights, which include flood lights and other steady burning lights, may be used only while the vehicle is stationary, except that a police officer, sheriff or deputy sheriff operating a police or sheriff vehicle may use these lights while the vehicle is in motion, if the lights are used only for the purpose of an emergency, or for the safety of the public or in the enforcement of the law.]
(8) Utility lights. Clear or white forward or side facing steady burning utility lights (that is, take down, alley, spotlight) may not be used for emergency warning purposes. These lights may be used while the vehicle is in motion or stationary for the purpose of an emergency, for the safety of the public or in the enforcement of the law.
(9) Other lights. A vehicle, other than those identified in this [subsection] chapter, may not be equipped with lights or systems identical or similar to those specified by this subsection, except that school buses and urban mass transit buses which will be used for carrying school children may be equipped with flashing lights as permitted by 75 Pa.C.S. §§ 4552(b) and 4553(a) (relating to general requirements for school buses; and general requirements for other vehicles transporting school children), and Chapter 15 and Chapter 171 (relating to school buses and school vehicles).
[(9)] (10) * * *
(b) 360° visibility. [When] Except for unmarked police vehicles, when flashing or revolving red, blue, yellow or amber lights are mounted on a vehicle, one or more of these lights shall be mounted to provide visibility to vehicles approaching from any direction (360° visibility), regardless of the method of mounting. [Emergency vehicles equipped with flashing or revolving red or blue lights mounted on or behind the grille are not exempt from this subsection.]
(1) When only one light is used to provide 360° visibility, this light shall be in compliance with SAE Standard J845, 360° Emergency Warning Lamps, [January 1984] May 1997 or subsequent SAE Standards.
* * * * * (3) [For emergency vehicles, 360° visibility shall be provided by one or more red lights.
(4) Vehicles that are equipped with a light-bar assembly are presumed to have met the 360° visibility requirements when the flashing or revolving light configuration is visible to vehicles approaching from any direction.]
When the combination of lights are mounted on an unmarked police vehicle, these lights shall be mounted to provide visibility to vehicles approaching from the front and rear, regardless of the method of mounting.
(c) Flash rate. The flash rate, when observed from a fixed position, [shall] must be between 60 and [120] 260 flashes per minute. When the flash rate is produced by the interruption of current, the period of illumination [shall] must be long enough to permit the bulb to come to full brightness.
(d) Mounting location. The following applies to mounting locations for flashing or revolving lights:
(1) Emergency vehicles, except police vehicles. Flashing or revolving lights, excluding flashing headlamp systems, may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in the following locations only:
* * * * * (iii) [On the front of a dump truck bed.]
[(iv)] Behind, in front of, or on the grille of emergency vehicles. A flashing light may [not] be mounted so [that it flashes through the grille, except that no more than two flashing red or blue lights, excluding light-bar assemblies, may be mounted so] as to flash through or in front of the grille on emergency vehicles when the vehicle is also equipped with one or more flashing or revolving red lights that meet the 360° visibility requirements of subsection (b).
[(v) Close] (iv) With respect to fender intersection lights, close to the front upper edge of each front fender of an emergency vehicle and not protruding more than 2 inches from the fender[, with respect to intersection lights].
(v) Inside of existing vehicular lighting modules/assemblies, such as headlights, parking lights and taillights. This does not include reverse lights.
(A) This subsection does not include private vehicles used for answering emergency calls as defined by 75 Pa.C.S. § 102.
(B) Vehicles mounting lights as outlined in this subsection shall also mount, in another location, flashing or revolving lights that meet the 360° visibility requirements. This does not include reverse lights.
(2) [Traffic control emergency directional light assemblies shall be rear-facing only and may not interfere with permanently installed lights. These assemblies] Police vehicles. Flashing or revolving lights may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in the following locations only:
(i) [Underneath or behind light-bar assemblies.
(ii) On the rear deck, inside or outside of the vehicle.
(iii) On the trunk lid. ]
(i) On a cab or roof of the vehicle.
(ii) No more than 18 inches above the highest fixed point of the vehicle.
(iii) With respect to combination red-and-blue lights only, behind, in front of or on the grille. Police vehicles mounting lights as outlined in this subsection must also mount flashing or revolving lights in another location visible from the front of the vehicle.
(iv) Inside the passenger compartment, clearly visible through the front windshield. (See original equipment manufacturer for mounting locations.)
(v) Inside the passenger compartment, clearly visible through the rear window.
(vi) In or on the trunk lid.
(vii) Inside of existing vehicular lighting modules/assemblies, such as headlights, parking lights, taillights (not including reverse lights). Police vehicles mounting lights as outlined in this subsection must also mount, in another location, flashing or revolving lights visible from the front and rear of the vehicle.
(viii) With respect to flashing lights only, within the nondriver's compartment-side window.
(ix) With respect to combination red-and-blue lights, in a location visible from the front and rear of the vehicle.
(x) With respect to fender intersection lights, close to the front upper edge of each front fender of a police vehicle and not protruding more than 2 inches from the fender.
(xi) With respect to motorcycles, at a location in accordance with the manufacturer's specifications.
(3) Authorized vehicles.
(i) Flashing or revolving lights may be permanently mounted on the vehicle or attached to a mounting device, in the following locations only:
(A) On a cab, cab protector or roof of the vehicle.
(B) No more than 18 inches above the highest fixed point of the vehicle.
(C) On the front or rear of the bed or body of an authorized vehicle.
(D) On the tailgate of an authorized vehicle.
(E) In a location other than as set forth in subparagraphs (i)--(iv) as needed to comply with the 360° requirement in this section.
(ii) The installation or use of additional flashing or strobe lights in existing vehicular lighting modules/assemblies, such as headlights, parking lights, taillights, is expressly prohibited.
(4) Traffic control emergency directional light assemblies. Traffic control emergency directional light assemblies may not interfere with permanently installed lights. These assemblies may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in the following locations only:
(i) Underneath, behind or built in the light-bar assemblies.
(ii) Anywhere visible through the rear windshield, inside, or outside of the vehicle.
(iii) In or on the trunk lid.
(iv) At any other temporary location if a magnetic base is used.
(v) On the rear of emergency vehicles owned by a fire company.
(vi) On the roof, bed or gate of an authorized vehicle which is used in the construction, repair or maintenance of a bridge or highway.
(e) Mounting devices. Flashing or revolving lights, excluding flashing headlamp systems, grille-mounted flashing lights and intersection lights, may be mounted on one of the following devices:
* * * * * (4) Grommet mounting is acceptable for flush mounted flashing lights.
§ 173.4. Wiring.
Wiring shall be installed using the industry's best practices.
(1) Wiring shall be [permanently installed in the vehicle. Separate fuses shall be utilized for the flashing or revolving light system to prevent failure of the standard lighting equipment of the vehicle if the flashing or revolving lights fail] primary SAE rated and be of proper gauge to handle applied load. Ground wiring shall be of equal gauge.
(2) Wiring may not be loaded to more than 80% of its rated capacity.
(3) The wiring shall be permanently installed and routed through the vehicle in a manner to avoid short circuits or interfering with the operation of the vehicle.
(4) Grommets shall be used when wires pass through bulkheads and other sharp metal surfaces.
(5) Each accessory will be protected with the proper circuit protection as recommended by the manufacturer (that is, fuses or circuit breakers). The main circuit protection will be as close to the power source as possible.
(6) Additional wiring installed for emergency equipment may not impede or compromise the original equipment manufacturer circuits or original equipment manufacturer equipment functions as intended by the vehicle manufacturer.
(7) Tapping power off of original equipment manufacture circuits, such as in fuse blocks, shall be only as recommended by the vehicle manufacturer. Tapping power off air bag or ABS brake and brake light circuits is prohibited.
(8) These requirements do not apply to flashing or revolving lights that are attached to a vehicle with a magnetic base.
[Pa.B. Doc. No. 05-2315. Filed for public inspection December 16, 2005, 9:00 a.m.]
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