2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 41 - Equipment Standards
4106 - Market surveillance program.

     § 4106.  Market surveillance program.
        (a)  General rule.--The department shall maintain a
     continuing program of market surveillance to insure that any
     items of vehicle equipment offered for sale in this Commonwealth
     and for which approvals are required are in compliance with the
     law.
        (b)  Purchase and testing of samples.--The department may
     undertake at State expense random retail purchase and compliance
     testing of samples of equipment which is covered by a valid
     certificate of approval or which has been certified by its
     manufacturer as being in compliance with an applicable Federal
     motor vehicle safety standard. If the samples, upon testing,
     fail to meet the applicable performance requirements, the
     department may commence revocation proceedings pursuant to
     section 4105 (relating to revocation and renewal of certificates
     of approval).
        (c)  Notice of violations.--If the market surveillance
     program reveals instances of items of equipment being offered
     for sale which have not been submitted for approval as required
     by State law or regulation or have been disapproved or have not
     been certified as being in compliance with an applicable Federal
     standard, immediate written notice of that fact shall be
     furnished the dealer, distributor, wholesaler or manufacturer.
     The dealer shall not thereafter sell the equipment and the
     distributor, wholesaler or manufacturer shall recall all the
     equipment from all dealers.