PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 105 ]
Mechanical, Electrical and Electronic Speed-Timing Devices
[44 Pa.B. 4500]
[Saturday, July 19, 2014]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 3368 and 6103 (relating to speed timing devices; and promulgation of rules and regulations by department), proposes to amend Chapter 105, Subchapter C (relating to speedometers) to read as set forth in Annex A. The statutory provisions direct the Department to promulgate standards for speed-timing devices and testing and authorize the Department to promulgate regulations to implement 75 Pa.C.S. (relating to Vehicle Code).
Purpose of Regulations
The purpose of Chapter 105, Subchapter C is to govern the calibrating and testing of mechanical, electrical and electronic speed-timing devices by stations appointed by the Department.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to delete outdated speed-timing testing devices and procedures, modernize the language and add provisions permitting the use of new technologies approved by the Department.
Summary of Significant Amendments
Section 105.31 (relating to appointment of speedometer testing station) is proposed to be amended to require speedometer testing stations to prominently display a valid Certificate of Appointment provided by the Department. An identical requirement is proposed to be deleted from § 105.34 (relating to manner of testing speedometers).
Section 105.32 (relating to operation of speedometer testing station) is proposed to be amended to require that a separate application be filed for each mobile testing unit that a station intends to operate.
Section 105.32 is proposed to be amended to remove a testing station's ability to delegate speedometer testing to another testing station. This proposed amendment is based upon recommendations from industry stakeholders.
Section 105.33 (relating to required equipment) is proposed to be amended to allow for the use of new devices and technologies in speedometer testing and calibration that have been approved by the Department and are necessitated by advances in technology. The current language does not allow for the introduction and approval of new devices and technologies. Additional proposed amendments delete outdated testing devices and procedures.
Section 105.34 is proposed to be amended to: permit the reproduction of Certificates of Accuracy; require testing devices in accordance with the testing equipment manufacturer's specifications, if the manufacturer specifies a testing schedule; require a station to document the testing and calibration of its testing equipment; and require that this documentation is made available at the request of the Department.
Section 105.34 is proposed to be amended to provide greater detail regarding the standard for accuracy and specifications for testing accuracy.
Persons and Entities Affected
This proposed rulemaking will affect speedometer testing station owners and personnel, as well as future applicants who intend to have their stations appointed by the Department as a speedometer testing stations.
Fiscal Impact
Implementation of these proposed amendments will not require the expenditure of additional funds by the Commonwealth or local municipalities. Speedometer testing stations may incur additional short-term compliance costs in the application process and implementation of mobile testing units. However, any short-term costs will be outweighed by more opportunities to calibrate a broader range of vehicles.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 8, 2014, 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
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the public comment period. The Department is not establishing a sunset date for these regulations, as 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 Anita M. Wasko, Director, Bureau of Motor Vehicles, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104 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 Kay Kishbaugh, Manager, Vehicle Inspection Division, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104, (717) 783-4597.
BARRY J. SCHOCH, PE,
SecretaryFiscal Note: 18-460. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VI. OPERATION OF VEHICLES
CHAPTER 105. MECHANICAL, ELECTRICAL AND ELECTRONIC SPEED-TIMING DEVICES
Subchapter C. SPEEDOMETERS § 105.31. Appointment of speedometer testing station.
(a) Application. Application for appointment as a speedometer testing station or mobile testing unit to be operated by a speedometer testing station shall be made on a form provided by the Department and submitted for each speedometer testing station and each mobile testing unit to be operated by a speedometer testing station.
(b) Applicant. [Every applicant] Each applicant intending to be appointed as a speedometer testing station that is not a business entity, including a sole proprietor or partner in a general or limited partnership, shall be at least 18 years of age.
(c) Place of business. [Every] An applicant shall have an established place of business properly equipped to conduct speedometer tests and repairs or to operate an approved mobile testing unit.
(d) Certificate of appointment. A speedometer testing station and each mobile testing unit operated by a speedometer testing station shall prominently display a valid Certificate of Appointment provided by the Department.
§ 105.32. Operation of speedometer testing station.
* * * * * (b) Hours. Speedometer testing stations shall be [operated during a regular work week] open for business, at a minimum, Monday through Friday during the hours of 8 a.m. to 5 p.m., except for holidays or alternative business hours approved in writing by the Department.
(c) Personnel. A speedometer testing station shall employ at least one [speedometer inspection mechanic] technician certified as follows:
(1) [Application] An application of a technician for certification shall be made on a form provided by the Department.
* * * * * (d) Location. Speedometer testing and repair shall take place at an approved speedometer testing station, except that[:], upon application to and approval by the Department, a speedometer testing station may operate one or more mobile testing units of a type approved by the Department.
[(1) When absolutely necessary, it is permissible to delegate the functions to another approved speedometer testing station. The delegation, including the name and address of the other station, shall be kept on file for 1 year.
(2) Upon approval of the Department, a speedometer testing station may operate one or more mobile test units of a type approved by the Department.]
§ 105.33. Required equipment.
(a) Items. [The following items of equipment are required for the operation of a speedometer testing station] A speedometer testing station or mobile testing unit shall have sufficient tools to make repairs or adjustments and one or more of the following required equipment:
[(1) Sufficient hand tools to make needed repairs or adjustments.
(2)] (1) A dynamometer of a type approved by the Department.
[(3)] (2) A Speed-Master Quartz Speedometer Tester.
[(4)] (3) A 650-H-1 Stewart-Warner Speedometer Calibrator with adaptive equipment needed to operate this devise or any devise.
[(i) One flexible shaft 108 inches in length to reach from the calibrator to the vehicle transmission or speedometer head.
(ii) Two 12-inch flexible shafts to fit Chrysler speedometer.
(iii) One 12-inch flexible shaft to fit Ford speedometer.
(iv) One 12-inch flexible shaft to fit older speedometers with 5/8-18 male thread.
(v) One 757-AD Stewart-Warner strobetachometer, to be used with a fluorescent light using 60 cycle alternating current voltage.
(vi) One 312-12175y S. S. White-Mile-O-Meter revolution counter.]
(4) Any equipment or alternative technique approved by the Department and published in the Pennsylvania Bulletin.
(b) Periodic testing of speedometer testing equipment. [Periodic testing of equipment shall be conducted as follows:
(1) Interval.] Speedometer testing equipment shall be repaired, tested and adjusted for accuracy in accordance with the testing equipment manufacturer's specifications. If the testing equipment manufacturer does not specify a testing schedule, the speedometer testing equipment shall be tested and adjusted for accuracy at least once every 60 days.
[(2) Forms. A form provided by the Department shall be completed by a certified speedometer inspection mechanic after each periodic test. The form shall be released to the State Police Inspection Station Supervisor or Department representatives, if verification of the test is necessary. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.]
§ 105.34. Manner of testing speedometers.
(a) Accuracy. A [test] speedometer shall be tested for accuracy and, if necessary, repaired and adjusted to obtain the greatest possible degree of accuracy, plus or minus 2 miles per hour (mph) up to 100 mph. Testing shall [include one of] be conducted in accordance with the following:
[(1) A dynamometer test.
(2) A Speed-Master Quartz Speedometer Tester.
(3) A Stewart-Warner Speedometer Calibrator and required components.
(i) It will be necessary to have a measured or surveyed mile laid out and properly marked. If less than a mile, use Table 1:
Table 1
1 mile or 5,280 feet = 1000 cable revolutions
1/2 mile or 2,640 feet = 500 cable revolutions
1/10 mile or 528 feet = 100 cable revolutions(ii) Check the tires on the test vehicle for proper inflation.
(iii) Disconnect the speedometer cable from the back of the speedometer in the vehicle.
(A) Connect the speedometer cable to the counter. (S. S. White Mile-O-Meter).
(B) Place the vehicle rear wheel centered on line at the beginning of the measured course.
(C) Set the counter of the Mile-O-Meter to zero.
(D) Drive the vehicle over the measured course.
(E) Read the counter and compare it with Table 1.
(F) Establish degree or percent of error. In a given measured mile, there should be 1000 cable revolutions. The input speed is slow if less than 1,000. The input speed is fast if more than 1,000.
(iv) Disconnect the counter from the speedometer cable on the vehicle.
(A) Use the long flexible shaft from the calibrator with the proper 12-inch shaft that permits adopting to fit speedometer head in the vehicle.
(B) Proceed to check the speedometer in the vehicle against the master head on the calibrator at 10 mph increments, beginning at 10 to 100 mph, and record the proper information.
(v) Disconnect the calibrator flexible shaft from the rear of the speed head in the vehicle and connect the shaft in the vehicle to the speedometer head in same. The speedometer head in the vehicle being tested can also be tested by disconnecting the flexible shaft at the transmission and connecting it to the long flexible shaft from the calibrator. Then proceed as in subparagraph (iv)(B).
(vi) Information indicated above is based on United States standard of 1,000 cable revolutions per minute = 60 mph or 96 kilometers per hour.
(4) An examination of the speedometer cables to insure that they work freely and without defect or restriction.]
(1) Testing equipment and alternative techniques set forth in or approved in accordance with § 105.33 (relating to required equipment) shall be used.
(2) Testing shall occur using manufacturer's specifications and procedures.
(3) It is necessary to have a measured or surveyed calibration course laid out and properly marked when using a technique that requires a calibration course for testing.
(b) Forms. [The following forms are required:] A Certificate of Accuracy, on a form provided by the Department, shall be completed after a speedometer test or repair and signed by the certified technician that performed the speedometer test. A copy of the certificate shall be kept on file at the speedometer testing station for at least 3 years, and be made available to the State Police Inspection Station Supervisor or Department representatives as necessary. Certificates of Accuracy may be reproduced and a duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
[(1) A speedometer testing station shall permanently display a valid Certificate of Appointment, provided by the Department.
(2) A Certificate of Speedometer Accuracy, a form provided by the Department, shall be completed after a speedometer test or repair and signed by the Department speedometer inspection mechanic. A copy of the certificate shall be kept on file at the speedomoter testing station for at least 2 years. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.]
[Pa.B. Doc. No. 14-1493. Filed for public inspection July 18, 2014, 9:00 a.m.]
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