1/20/2010 2:12 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | Department of State Police |
Regulatory Coordinator: | Ronald B. Saunders (804)674-6774 Safety@vsp.virginia.gov |
Agency Contact: | LTC Robert Kemmler Regulatory Coordinator (804)674-4606 robert.kemmler@vsp.virginia.gov |
Contact Address: | Department of State Police Bureau of Administrative and Support Services P.O. Box 27472 Richmond, VA 23261-7472 |
Chapter Affected: | |
19 vac 30 - 70: | Motor Vehicle Safety Inspection Rules and Regulations |
Statutory Authority: |
State: 46.2-1163 Federal: |
Date Petition Received | 09/14/2009 |
Petitioner | J. Tyler Ballance |
*A Petition for Rulemaking is a request from the public to change, eliminate or
create state regulations which are awaiting an agency decision.
September 14, 2009
Title: Restoring the proper use of automobile horns solely as a warning device.
Substance and purpose of the rulemaking:
Horns are defined as warning devices and are intended to be used solely for that purpose.
In recent years, manufacturers have coupled their electronic "keyless" entry systems
to the auto horn or auto alarm, so that operators may select an entry option that
sounds the horn or auto alarm, both upon entry and exit from the vehicle. The resulting
cacophony of spurious horn/alarm blasts adds to ambient noise pollution and diminishes
the effectiveness of horns as warning devices.
An amendment to the Code, 19VAC30-70-240, or a new section that specifically requires
verification during annual inspections, that electronic entry systems are set to silent
entry and exit, is recommended.
19VAC30-70-240. Horns and other warning devices.
INSPECT FOR AND REJECT IF:
1. Vehicle is not equipped with a horn in good working order, capable of emitting
a sound audible under normal conditions over a distance of not less than 200 feet
and is not firmly mounted.
2. A horn operating mechanism installed at a location readily accessible to the vehicle
operator is not provided. Electrically operated horn, wiring, or electrical connections
are defective.
*Suggested Additional Subsection:
3. If equipped with an electronic entry system, if system is set to any other setting
other than SILENT entry and exit mode.
Reference to the legal authority of the agency to take the action requested:
§ 46.2-1059. Horns.
Every motor vehicle driven on a highway shall be equipped with a working horn capable
of emitting sound audible under normal conditions for at least 200 feet.
(Code 1950, § 46-289; 1958, c. 541, § 46.1-283; 1989, c. 727.)
§ 46.2-1060. Illegal sirens, whistles, etc.; unlawful use of warning devices; exceptions.
It shall be unlawful for any vehicle to be equipped with or for any person to use
on any vehicle any siren or exhaust, compression or spark plug whistle, or horn except
as may be authorized in this title. It shall be unlawful for any vehicle operated
on a public highway to be equipped with any warning device that is not of a type that
has been approved by the Superintendent. It shall further be unlawful for any person
at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary
or unreasonably loud or harsh sound by means of a horn or other warning device. However,
vehicles of common carriers or extraordinarily large and heavy vehicles may be equipped
with such type of warning device as the Superintendent may require or permit.
Notwithstanding the provisions of this article, a siren, bell, or supplemental horn
may be used on a vehicle as a noisemaker for an alarm system if the device is installed
so as to prohibit actuation of the system by the driver while the vehicle is in motion.
(Code 1950, § 46-290; 1958, c. 541, § 46.1-284; 1962, c. 146; 1970, c. 283; 1989,
c. 727.)
Agency Plan
The Board is requesting public comment on the petition to amend regulations relating
to inspection standards for automobile horns. Following a public comment period,
the Board will consider its action on the petition.
Publication Date | 10/12/2009 (comment period will also begin on this date) |
Comment End Date | 11/13/2009 |
Take no action
Agency Response Date | 01/20/2010 |
The Department, after consideration of the petition, four public comments, existing
regulations, possible economic impact, and the Code of Virginia has determined that
no action will be taken on the petition. It should be noted that the regulations in
question have been reviewed by Office of the Attorney General and deemed exempt regulations
from the Virginia Administrative Process Act, Chapter 40 of Title 2.2 of the Code
of Virginia.
As is noted in 19VAC30-70-1 the "Virginia Annual Motor Vehicle Inspection Program
was developed and adopted to promote highway safety. Its aim is to assure that all
Virginia registered vehicles are mechanically safe to operate over the highways of
the Commonwealth." The proposed change to the regulation has no significant nexus
to this stated purpose. The argument that the chips diminish the effectiveness of
horns as warning devices is not persuasive and the abuse of such devices may properly
be handled as violations of appropriate noise ordinances.
Of the four public comments received, one letter, two by Virginia regulatory Town
Hall, and one by email, only the comment submitted by the petitioner himself supported
the proposed action. The other comments focused on the usefulness of such devices
and the adoption being outside the proper scope of the regulation in question.
The additional requirement would place an economic burden on consumers, manufacturers,
and inspections stations. Consumers would be required to have their vehicles altered
to comply with the law. Inspection stations would be required to spend additional
time ensuring compliance without any additional compensation which is limited by Code.
Manufacturers would be required to ensure that vehicles sold or registered in Virginia
are capable of complying with the law.
In reaching its determination the Department also considered the fact that the effectiveness
of the proposed regulation would be minimal as it would only apply to those vehicles
registered in Virginia and subject to the Virginia Annual Motor Vehicle Inspection
Program. Out of state vehicles operating in the Commonwealth would not be prohibited
from having the devices in active mode.