Section 403.8a. Out-of-service criteria

(a) Application. In determining whether a vehicle or driver of a vehicle, or both, will be placed out-of-service under 75 Pa.C.S. § 4704(c) (relating to inspection by police or Commonwealth personnel), State Police and qualified Commonwealth employes will use the criteria in this chapter.

(b) Adoption of Federal standards.

(1) General. The out-of-service criteria contained in Parts I, II and III of Appendix A of the Federal Highway Administration’s ‘‘North American Uniform Out-of-Service Criteria’’ are incorporated by reference under 45 Pa.C.S. § 727(9) (relating to matter not required to be published), upon approval of the Legislative Reference Bureau, with the following exceptions to Part II:

(i) 1.a.(6)(c) (relating to brake lining).

(ii) 1.b.(3)(c) (relating to steering axle brake lining).

(iii) 3.(3) (relating to bus exhaust).

(2) Additional standards. The following additional vehicle out-of-service criteria apply:

(i) A vehicle’s brake linings or pads shall be declared out-of-service if:

(A) Bonded linings are less than 2/32-inch at the thinnest point.

(B) Riveted linings are less than 1/32-inch above the rivet head at the thinnest point.

(C) Bolted lining is worn to less than 1/8-inch at the center of the shoe.

(ii) A bus shall be declared out-of-service if the exhaust system is leaking or not discharging at an outside edge of the vehicle.

(iii) A vehicle shall be declared out-of-service if a tire is marked ‘‘Not for Highway Use’’ or otherwise marked and having like meaning, except vehicles permitted to operate with oversize wheels and tires under 75 Pa.C.S. § 4969 (relating to permit for movement of vehicles with oversize wheels and tires) (Repealed).

(3) Obtaining criteria. The ‘‘North American Uniform Out-of-Service Criteria’’ may be obtained by contacting: Department of Transportation, Motor Carrier Safety Division, Center for Highway Safety, 215 Transportation and Safety Building, Harrisburg, Pennsylvania 17120, [phone].

The provisions of this § 403.8a adopted March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487.

Notation

Authority

The provisions of this § 403.8a issued under the Vehicle Code,75 Pa.C.S. § § 6103 and 8302.