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PA Bulletin, Doc. No. 98-1287

NOTICES

Notice of Interpretation of Certain Portions of 67 Pa. Code § 153.4(c)

[28 Pa.B. 3850]

   On August 8, 1997, the Pennsylvania Manufactured Housing Association (''PMHA'') filed an administrative action with the Department of Transportation (''Department'') pursuant to 1 Pa. Code §§ 35.18 and 35.19 requesting waiver, repeal or interpretation of certain portions of 67 Pa. Code Chapter 153. The matter captioned as ''In re: Petition of the Pennsylvania Manufactured Housing Association for Waiver, Repeal or Interpretation of Certain Portions of 67 Pa. Code Chapter 153,'' was docketed at No. 325 A. D. 1997, in the Department's administrative docket. In its action, PHMA asserted that confusion exists as to whether the regulations of the Department require that modular housing undercarriages display lamps, rear reflex reflectors and turn signals that are permanently mounted upon the frames. At the scheduled hearing, the Department entered in a stipulation of agreement, which is being published pursuant to the Order issued on April 15, 1998, by the Department of Transportation Hearing Officer.

   In the instant action PMHA has filed a Petition pursuant to 1 Pa. Code, Section 35.18 under which it has requested that the Department interpret its regulation at 67 Pa. Code 153.4(c) as it relates to the location of required equipment. The regulation in relevant part states. ''Except as provided in Paragraphs 1 through 8 of this subsection, each lamp, reflective device, and item of associated equipment shall be securely mounted on a rigid part of the vehicle other than glazing, that is not designed to be removed except for repair . . .'' PHMA has explained to the Department that in the course of moving modular housing units and modular housing unit undercarriages transporters utilize removable rear lighting systems. Those systems are subject to breakage if they are permanently attached to the undercarriage of the modular housing unit. Accordingly, PHMA has requested that the Department interpret the phrase, ''securely mounted'' and the phrase ''except for repair'' to allow for the usage of removable rear lighting systems. The Department has considered the Petition and concurs that the intent of the regulations can be met utilizing removable rear lighting systems provided they meet certain standards. Accordingly, the Department interprets the phrase ''securely mounted'' in 67 Pa. Code Section 153.4(c) as meaning ''mounted such that there is no lateral or longitudinal movement when subjected to forces normally encountered during movement on the highway.'' Further, under that same section the Department interprets the phrase ''except for repair'' as including any removable rear lighting system which is designed to be transferred between the undercarriages and modular housing units.

   Questions, suggestions, or comments may be directed to George H. Kabusk, Assistant Counsel, Office of Chief Counsel, Department of Transportation, 3rd Floor Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516, Telephone: (717) 787-2830.

BRADLEY L. MALLORY,   
Secretary

[Pa.B. Doc. No. 98-1287. Filed for public inspection August 7, 1998, 9:00 a.m.]


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