2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 41 - Equipment Standards
4105 - Revocation and renewal of certificates of approval.

     § 4105.  Revocation and renewal of certificates of approval.
        (a)  Hearing to review approved devices.--When the department
     has reason to believe that an approved device being sold
     commercially does not comply with the requirements of this part,
     it may, after giving 30 days' notice to the person holding the
     certificate of approval for the device, conduct a hearing upon
     the question of compliance of the approved device. After the
     hearing, the department shall determine whether the approved
     device meets the requirements of this part and shall notify the
     person holding the certificate of approval of the determination.
        (b)  Devices determined to be in violation.--If the
     department determines as a result of the hearing that the device
     does not meet the requirements of this part, the person holding
     the certificate of approval shall have a period of 90 days to
     resubmit a request for approval. In the event the device is
     determined to be hazardous, the department may take immediate
     action through injunctive relief pursuant to section 4108
     (relating to injunctive relief). If the person holding the
     certificate of approval fails to satisfy the department that the
     resubmitted device as thereafter to be sold meets the
     requirements of this part, the department shall revoke the
     approval issued unless the device is resubmitted to and retested
     by an authorized testing laboratory and is found to meet the
     requirements of this part. The department may require that all
     devices sold since the notification following the hearing be
     replaced with devices that do comply with the requirements of
     this part.
        (c)  Expiration of certificate.--Certificates of approval
     issued for items of equipment required to be approved under this
     part will not expire except as provided by regulation or until
     revoked by the department.
        (d)  Renewal of certificate.--Certificates of approval which
     expire pursuant to regulation shall be void after the period
     stated from the date of issue unless application is made for
     renewal of the certificates in accordance with the procedure
     established by the department, together with the applicable fee,
     and a new certificate of approval is issued.
        (e)  Promulgation of regulations.--The department shall
     promulgate rules and regulations to effectuate the provisions of
     this section.

        Cross References.  Section 4105 is referred to in section
     4106 of this title.

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