Administrative Code

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Virginia Administrative Code
Title 19. Public Safety
Agency 30. Department of State Police
Chapter 70. Motor Vehicle Safety Inspection Regulations

19VAC30-70-90. Brakes: emergency, parking, or holding..

A. Some vehicles are equipped with an actual emergency brake, while others have only a parking or holding brake. Some types may be actuated by a foot or hand lever, while others may incorporate a switch or valve to actuate the brake. Air and vacuum brake systems may employ spring activating parking brakes.

B. Inspect for and reject if:

1. Vehicle or combination of vehicles is not equipped with a parking, holding, or emergency brake in good working order of the type installed as original standard factory equipment for the vehicle on which it is installed.

2. The parking brake actuating mechanism does not fully release when the control is operated to the off position or if the parking brake lamp light remains on.

NOTE: The light does not apply to vehicles that are not equipped with a parking (emergency) brake indicator light.

3. Any mechanical parts are missing, broken, badly worn, or are inoperative.

4. Cables are stretched, worn, or frayed or not operating freely.

5. Grease or similar-type contamination is present on the linings, drums, or rotors.

6. Parking brake will not hold the vehicle stationary with the engine running at slightly accelerated speed with shift lever in drive position for automatic transmission or shift lever in low gear with clutch engaged for standard shift transmission.

7. Holding brake will not disengage when engine is started and vehicle is placed in drive. Holding brake will not hold vehicle stationary with foot on holding brake and vehicle in drive.

8. On vehicles equipped with automatic transmissions, the vehicle will start in any gear other than (P) park and (N) neutral. If the gearshift indicator does not identify the park (P) and neutral (N) positions, then the vehicle shall be rejected.

9. On vehicles equipped with manual transmissions, the vehicle will start in any gear if the clutch is not depressed or disengaged.

NOTE: This will not apply to older model vehicles, which were not originally equipped with a neutral-safety switch, clutch disengagement system or clutch pedal position sensor by the manufacturer.

10. The accelerator does not disengage after being depressed, allowing the engine to return to a normal idle speed.

Statutory Authority

§ 46.2-1165 of the Code of Virginia.

Historical Notes

Derived from VR545-01-07 § 9, eff. May 1, 1990; amended, Virginia Register Volume 10, Issue 8, eff. February 9, 1994; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 2, eff. November 11, 1998; Volume 21, Issue 4, eff. September 22, 2004; Volume 24, Issue 8, eff. March 1, 2008; Volume 28, Issue 24, eff. August 1, 2012; Volume 32, Issue 24, eff. October 3, 2016; Volume 35, Issue 1, eff. October 4, 2018; Volume 35, Issue 25, eff. September 1, 2019.

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