Market surveillance program. (a) General rule.-- The department shall maintain a continuing program of market surveillance to insure
Pennsylvania Consolidated Statutes
Section: 4106
Jurisdiction: PA
Bluebook Citation: 75 Pa. Cons. Stat. § 4106
§ 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.
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