2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 41 - Equipment Standards
4107 - Unlawful activities.

     § 4107.  Unlawful activities.
        (a)  Violation of vehicle equipment standards.--
            (1)  It is unlawful for any person to sell, offer for
        sale, lease, install or replace, either separately or as part
        of the equipment of a vehicle, any item of vehicle equipment
        affecting the operation of the vehicle which does not comply
        with this title or regulations promulgated thereunder, or
        which does not comply with an applicable Federal motor
        vehicle safety standard adopted by regulation by the
        department.
            (2)  Any person convicted of violating this subsection
        shall be subject to a civil penalty of not more than $100 for
        each violation. Each violation of the provisions of this
        subsection shall constitute a separate violation with respect
        to each motor vehicle or item of motor vehicle equipment or
        with respect to each failure or refusal to allow or perform
        an act required thereby, except that the maximum civil
        penalty shall not exceed $10,000 for any related series of
        violations.
        (b)  Other violations.--It is unlawful for any person to do
     any of the following:
            (1)  Willfully or intentionally remove (other than for
        purposes of repair and replacement) or render inoperative, in
        whole or in part, any item of vehicle equipment which was
        required to be installed at the time of manufacture or
        thereafter upon any vehicle, by any law, rule, regulation or
        requirement of any officer or agency of the United States or
        of the Commonwealth, if it is intended that the vehicle be
        operated upon the highways of this Commonwealth unless the
        removal or alteration is specifically permitted by this title
        or by regulations promulgated by the department.
            (2)  Operate, or cause or permit another person to
        operate, on any highway in this Commonwealth any vehicle or
        combination which is not equipped as required under this part
        or under department regulations or when the driver is in
        violation of department regulations or the vehicle or
        combination is otherwise in an unsafe condition or in
        violation of department regulations.
            (2.1)  Operate a motor carrier vehicle, bus or school bus
        the brake system of which is in such condition that further
        operation would be hazardous under section 4704(c)(1)
        (relating to inspection by police or Commonwealth personnel).
            (3)  Do any act forbidden by this part or fail to perform
        any act required under this part.
        (b.1)  Out-of-service criteria.--No person shall operate a
     motor carrier vehicle or cause, permit, require or otherwise
     allow any other person to operate a motor carrier vehicle in
     violation of driver out-of-service criteria or standards
     periodically adopted by the United States Department of
     Transportation and adopted by reference by the department under
     the provisions of section 6103 (relating to promulgation of
     rules and regulations by department). The department shall
     coordinate with the Pennsylvania Public Utility Commission in
     the enforcement of this subsection and 66 Pa.C.S. § 3312
     (relating to evasion of motor carrier and broker regulations).
        (c)  Use of certain equipment unaffected.--This part shall
     not be construed to:
            (1)  Prohibit the use of parts or equipment required by
        the National Traffic and Motor Vehicle Safety Act of 1966 (80
        Stat. 718, 15 U.S.C. § 1381) or the use of any other parts or
        accessories on any vehicle not inconsistent with the
        provisions of this title or regulations promulgated
        thereunder.
            (2)  Limit the use of independent after market repair and
        service parts in the repair of vehicles and items of vehicle
        equipment unless in violation of the provisions of this title
        or regulations promulgated thereunder.
        (d)  Penalty.--
            (1)  (i)  Except as provided in subparagraph (ii), a
            person who operates a motor carrier vehicle or a bus in
            violation of subsection (b)(2) commits a summary offense
            and, upon conviction, shall be sentenced to pay a fine of
            $25 per violation, except that the minimum fine for a
            violation not related to driver's hours of service which
            causes the driver or the vehicle to be placed out of
            service under section 4704(c) (relating to inspection by
            police or Commonwealth personnel) shall be $50 per
            violation. The maximum fine which may be levied on the
            basis of multiple charges filed together shall be $500.
                (ii)  A person who operates a motor carrier vehicle,
            bus or school bus in violation of subsection (b)(2.1)
            commits a summary offense and shall, upon conviction, be
            sentenced to pay a fine of $150, except that, if multiple
            charges are filed together, the fine shall be $300 per
            violation.
            (2)  (i)  Except as provided in subparagraph (ii), a
            person who causes, permits, requires or otherwise allows
            another person to operate a motor carrier vehicle or a
            bus in violation of subsection (b)(2) commits a summary
            offense and, upon conviction, shall be sentenced to pay a
            fine of $50 per violation, except that the minimum fine
            for a violation not related to driver's hours of service
            which causes the driver or the vehicle to be placed out
            of service under section 4704(c) shall be $100 per
            violation. The maximum fine which may be levied on the
            basis of multiple charges filed together shall be $1,000.
                (ii)  A person who causes, permits, requires or
            otherwise allows another person to operate a motor
            carrier vehicle, bus or school bus in violation of
            subsection (b)(2.1) commits a summary offense and shall,
            upon conviction, be sentenced to pay a fine of $300,
            except that, if multiple charges are filed together, the
            fine shall be $600 per violation.
            (3)  Any person who violates subsection (b.1) as it
        relates to driver's hours of service commits a summary
        offense and shall, upon conviction, be sentenced to pay a
        fine of $500 per violation.
            (4)  The department shall coordinate with the commission
        in the enforcement of this subsection and 66 Pa.C.S. §
        3312(a).
        (e)  Exception for certain frozen dessert trucks.--Any frozen
     dessert truck which is equipped with a side stop signal arm and
     flashing or revolving red or amber lights may be operated within
     this Commonwealth without violating the provisions of this part
     and sections 4552 (relating to general requirements for school
     buses), 4571 (relating to visual and audible signals on
     emergency vehicles) and 4572 (relating to visual signals on
     authorized vehicles) so long as the side stop signal arm and the
     flashing or revolving red or amber lights are not utilized or
     activated within this Commonwealth.
     (June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 21, 1998,
     P.L.1126, No.151, eff. imd.; June 19, 2001, P.L.281, No.21, eff.
     imd.; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 5,
     2005, P.L.100, No.37; Dec. 18, 2007, P.L.436, No.67, eff. 60
     days)

        2007 Amendment.  Act 67 amended subsec. (d)(3).
        2005 Amendment.  Section 10(2) of Act 37 provided that Act 37
     shall take effect 90 days after publication of a notice in the
     Pennsylvania Bulletin. The notice was published July 16, 2005,
     at 35 Pa.B. 4029.
        2002 Amendment.  Act 229 amended subsecs. (b) and (d). See
     section 21 of Act 229 in the appendix to this title for special
     provisions relating to promulgation of guidelines to implement
     Act 229.
        2001 Amendment.  Act 21 amended subsec. (d) and added subsec.
     (b.1).
        1998 Amendment.  Act 151 added subsec. (e).
        References in Text.  Section 3312(a) of Title 66 (Public
     Utilities), referred to in subsec. (d)(4), does not exist.
        Cross References.  Section 4107 is referred to in section
     6309 of this title.