Cornell law license plate

Subsequently, the TxDOT transferred its license-plate-approval power to the newly created nine-member Board. More specifically, the Board explained that comments submitted by the public reveal that a significant portion of the public associated the confederate flag with the expression of hate towards certain people or groups.

Walker filed a petition for writ of certiorari requesting the Supreme Court of the United States to resolve two circuit splits concerning the practice of government-speech and viewpoint-discrimination in state specialty license plates programs.

In response, SCV argued that the two circuit splits Walker referenced are not applicable to the facts of this case and therefore asked the Supreme Court to uphold the decision of the Fifth Circuit. SCV counters that specialty license plate messages are private speech, meaning Texas cannot discriminate between license plates based on viewpoint without violating the First Amendment , and that Texas engaged in viewpoint discrimination by rejecting its confederate flag license-plate design.

According to Walker, the government-speech doctrine allows states to restrict speech that occurs within the scope of government-created programs. Walker further contends that the government-speech doctrine permits Texas to disassociate from messages, symbols, and viewpoints it does not want to proliferate.

Finally, Walker argues that the rejection of a specialty plate is comparable to the Pleasant Grove City v. Summum decision rejecting a proposed monument for exhibit in a public park. In Summum , according to Walker, the Supreme Court held that messages are government speech if a state exercises final approval authority and effective control over proposed messages, even where messages were designed or proposed by private parties.

Here, Walker maintains, the specialty license plates are government speech because Texas holds final approval authority and effective control over all specialty-plate designs. SCV claims that there are two distinct categories of specialty license plates: those that are proposed and designed by state legislatures, and those that are created by private parties.

According to SCV, specialty plates proposed and designed by state legislatures may be considered government speech, but all previous specialty license plate cases have considered plates created by private parties to constitute private speech. Moreover, SCV claims, the driver exercises final approval authority in purchasing and affixing the license plate to the car. SCV also argues that this case is distinguishable from Johanns v.

Livestock Marketing Association , where the Supreme Court held that the promotional campaigns created under the Beef Promotion and Research Act of were government speech. Here, SCV claims, the Texas Transportation Code does not specify what messages should be conveyed, and the citizens express their own personal messages. SCV also alleges that there is no statute or anything in the record that restricts the scope of the specialty-plate program to such a degree that would exclude the confederate plate.

The specialty-plate program, SCV argues, was intended to promote free expression by private parties, and the SCV plate falls within the scope of the program. Each lens reflector unit manufactured as replacement equipment must be designed to conform to applicable photometry requirements when any replaceable light source designated for such a unit is inserted in it. A replaceable bulb headlamp may incorporate replaceable light sources that are used for purposes other than headlighting. Each replaceable bulb headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-d for the specific headlamp unit and aiming method, when tested according to the procedure of S Each replaceable bulb headlamp that does not incorporate a glass lens must be designed to conform to the performance requirements of the plastic optical materials test of S All combination headlighting systems must be of a type designated in Table II-b.

A combination headlighting system must consist of the correct number of designated headlamp units as specified for the applicable system in Table II-b. The units must have their beams activated as specified in Table II-b. When installed on a motor vehicle, the headlamps or parts thereof that provide the lower beam must be of the same type, and provide a symmetrical effective projected luminous lens area when illuminated.

Each combination headlamp must be designed to conform to the photometry requirements of Table XVIII for upper beam and Table XIX for lower beam as specified in Table II-b for the specific headlamp unit and aiming method, when tested according to the procedure of S A motorcycle headlighting system may consist of:. Where more than one lamp must be used, the lamps shall be mounted vertically, with the lower beam as high as practicable, or.

The headlighting system installed on a motorcycle must consist of one of the system types specified in this paragraph, and must be located on the front. Each replaceable bulb headlamp that is designed to conform to S Each motorcycle headlamp that is not designed to conform to S A headlamp on a motorcycle may be activated to modulate either the upper beam or the lower beam from its maximum intensity to a lesser intensity, provided that:. The light is measured by a silicon cell type light meter that is located at the sensor and pointing in the same direction as the sensor.

A Kodak Gray Card Kodak R is placed at ground level to simulate the road surface in testing downward pointing sensors. The modulator must meet all the provisions of the standard after completion of the test profile shown in Figure 9. Each modulator not intended as original equipment, or its container, must be labeled with the maximum wattage, and the minimum wattage appropriate for its use. Each modulator, not intended as original equipment, must comply with S Instructions, with a diagram, must be provided for mounting the light sensor including location on the motorcycle , distance above the road surface, and orientation with respect to the light.

Except as provided in this paragraph, each headlamp must be installed on a motor vehicle with a mounting and aiming mechanism that permits aim inspection and adjustment of both vertical and horizontal aim, and is accessible for those purposes without removal of any vehicle parts, except for protective covers removable without the use of tools. When the headlamps are secured, the aim will not be disturbed under ordinary conditions of service. When a headlamp system is installed on a motor vehicle, it must be aimable with at least one of the following: An externally applied aiming device, as specified in S If the performance specified is not achievable, the requirements of S Each such label must also refer the reader to the vehicle operator's manual for complete instructions.

Each such vehicle must be equipped with an operator's manual containing the complete instructions appropriate for the mechanism installed. Each motor vehicle must be equipped with headlamps or beam contributors which have a mark or markings that are visible from the front of the headlamp when installed on the vehicle to identify the optical axis of the headlamp to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment.

The manufacturer is free to choose the design of the mark or markings. The mark or markings may be on the interior or exterior of the lens or indicated by a mark or central structure on the interior or exterior of the headlamp.

The fiducial marks, aiming pads, or similar references are protrusions, bubble vials, holes, indentations, ridges, scribed lines, or other readily identifiable marks established and described by the vehicle or headlamp manufacturer. There must be a mark or markings identifying the optical axis of the headlamp visible from the front of the headlamp when installed on the vehicle, to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment with the headlamp being aimed.

Each headlamp aimed by moving the reflector relative to the lens and headlamp housing, or vice versa, must conform with the photometric requirements applicable to it when tested according to the procedure of S Additionally it must comply with the aiming adjustment requirements of S The aiming pads need not be centered at the geometric center of the lens, or on the optical axis. Except as provided in S The height of these numbers must be not less than. If there is interference between the plane and the area of the lens between the aiming pads, the whole number represents the distance to a secondary plane.

The secondary plane must be located parallel to the aiming reference plane and as close to the lens as possible without causing interference. If so designed, no additional lens marking is necessary to designate the type of plate or dimensions. Each headlighting system that is capable of being aimed by equipment installed on the vehicle must include a Vehicle Headlamp Aiming Device VHAD that conforms to the following requirements:. The VHAD must provide for headlamp aim inspection and adjustment in both the vertical and horizontal axes.

The VHAD must include the necessary references and scales relative to the horizontal plane to assure correct vertical aim for photometry and aiming purposes. An off vehicle measurement of the angle of the plane of the ground is permitted. If a remote reading indicator is provided, it must represent the actual aim movement in a clear, understandable format. The VHAD must include references and scales relative to the longitudinal axis of the vehicle necessary to assure correct horizontal aim for photometry and aiming purposes.

Each headlamp equipped with a VHAD must be manufactured with its calibration permanently fixed by its manufacturer. Calibration in this case means the process of accurately aligning the geometry of the VHAD devices with the beam pattern for the purposes of compliance with the standard.

When tested according to the procedure of S Each lower beam headlamp must have a cutoff in the beam pattern. It may be either on the left side or the right side of the optical axis, but once chosen for a particular headlamp system's design, the side chosen for the cutoff must not be changed for any headlamps intended to be used as replacements for those system's headlamps.

The headlamp must be aimed vertically so that the cutoff is on the left side, at 0. The gradient of the cutoff measured at either 2. The fixture, with the headlamp installed, is attached to the goniometer table in such a way that the fixture alignment axes are coincident with the goniometer axes.

The headlamp is energized at the specified test voltage. The cutoff parameter must be measured at a distance of 10 m from a photosensor with a 10 mm diameter. There is no adjustment , shimming, or modification of the horizontal axis of the headlamp or test fixture, unless the headlamp is equipped with a VHAD. In this case the VHAD is adjusted to zero. For a headlamp with a right side gradient, a vertical scan of the beam pattern is conducted by aligning the goniometer on a vertical line at 2.

Perform vertical scans at 1. There is no adjustment of horizontal aim unless the headlamp is equipped with a horizontal VHAD. If the headlamp has a VHAD, it is set to zero. The headlamp must be energized at Each letter used in marking according to this paragraph must be not less than 3 mm high.

S11 Replaceable light source requirements. Each replaceable light source must be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part of this chapter, on file in Docket No. NHTSA , and must conform to the following requirements:. If other than an HB Type, the light source must be marked with the bulb marking designation specified for it in compliance with appendix A or appendix B of part of this chapter.

Each replaceable light source must also be marked with the symbol DOT and with a name or trademark in accordance with S6. If a ballast is required for operation, each ballast must bear the following permanent markings:. Thereafter, the headlamp concealment device must remain fully opened until intentionally closed. The selection is irrevocable. S14 Physical and photometry test procedures and performance requirements. All plastic materials used for optical parts such as lenses and reflectors on lamps or reflective devices required or allowed by this standard must conform to the material test requirements of S Other equivalent industry accepted methods may be used as an alternative.

Where necessary a mounting bracket shall be provided so that the device may be rigidly bolted in its operating position on the various test equipment. The laboratory must be equipped to test the sample in accordance with the requirements of the specific device.

Each lamp and reflective device required or permitted by this standard must be designed to conform to the applicable photometric requirements. Photometry measurements are made with the sample lamp mounted in its normal operating position. Photometric measurements are made at a distance between the light source and the point of measurement of at least 1.

Test point location must comply with the following nomenclature:. Similarly, the upward angles designated as U and the downward angles designated as D, refer to light directed at angles above and below the H line , respectively. A lamp that contains a sealed-in bulb must meet these requirements with the bulb operated at the bulb's design voltage.

Photometry compliance of license plate lamps is determined by measurement of the illumination falling upon test stations located on a test plate. All illumination measurements are made on a rectangular test plate of clean, white blotting paper mounted on the license plate holder in the position normally taken by the license plate. The face of the test plate must be 1.

Test stations must be located on the face of the test plate as shown in Figure 19 according to the type of vehicle on which the license plate lamps are installed. Each reflex reflector is mounted for photometry with the center of the reflex area at the center of goniometer rotation and at the same horizontal level as the source of illumination.

The H-V axis of reflex reflectors is taken as parallel to the longitudinal axis of the vehicle for rear reflectors and perpendicular to a vertical plane passing through the longitudinal axis of the vehicle for side reflectors. The photodetector has an opening of not more than 13 mm vertically and 25 mm horizontally. Reflex reflectors may have any linear or area dimensions but must have no more than sq mm projected area contained within a mm diameter circle exposed for photometry.

Photometric measurements of reflex reflectors and retroreflective sheeting must be made at various observation and entrance angles as shown in Table XVI. The required measurement for reflex reflectors at each test point as shown in Table XVI is the quotient of the projected luminous intensity divided by the illumination expressed as millicandela per lux or candela per footcandle.

The required measurement for retroreflective sheeting reflectors at each test point as shown in Table XVI is candela per lux per square meter of area. A visual locator, such as the word TOP is not considered adequate to establish a fixed rotational position on the vehicle. Photometry measurements at the applicable test points are made with the sample headlamp mounted in its normal operating position.

Photometric measurements are made at a distance between the light source and the photometer sensor of at least A headlamp is tested at Each headlamp is aimed prior to a photometry test in accordance with the procedure appropriate to its aiming system. The headlamp is aimed mechanically with the aiming plane at the design angle s to the photometer axis and the mechanical axis of the headlamp on the photometer axis. The headlamp is aimed mechanically using the VHAD in accordance with the manufacturer's instructions as provided with the vehicle on which the headlamp is intended to be used.

There must be no adjustment of horizontal aim unless the headlamp is equipped with a horizontal VHAD. If the headlamp has a VHAD, it must be set to zero. There must be no adjustment , shimming, or modification of the horizontal axis of the headlamp or test fixture, unless the headlamp is equipped with a VHAD, in which case the VHAD must be adjusted to zero. The upper beam of a multiple beam headlamp designed to comply with the requirements of Table XX must be aimed photoelectrically so that the center of the zone of highest intensity falls 0.

The beam from a single beam headlamp designed to comply with the requirements of Table XX must be aimed straight ahead with the top of the beam aimed vertically to obtain cd at H-V.

The goniometer configuration, used to position the sample headlamp when making photometric measurements at specific angular test points, is horizontal rotation over elevation. The vertical axis of the goniometer must correspond to the design position vertical axis of the sample headlamp which is vertical and perpendicular to the longitudinal axis of the vehicle.

Sensor systems incorporating lens es that change the diameter of the intercepted light beam before it reaches the actual detector surface, the maximum size requirements must apply to the total area of the light actually intercepted by the lens surface. The following nomenclature applies:. This intersection is parallel to the longitudinal axis of the vehicle.

The sample device must be tested for photometry using bulbs having each of four out-of-focus filament positions. Where conventional bulbs with two pin bayonet bases are used, tests must be made with the light source 0. If prefocused bulbs are used, the limiting positions at which tests are made must be 0. The sample device may be reaimed for each of the out-of-focus positions of the light source. The requirement applies to the overall effective color of light emitted by the device and not to the color of the light from a small area of the lens.

It does not apply to any pilot, indicator , or tell-tale lights. The color of the sample device must comply when tested by either the Visual Method or the Tristimulus Method.

A test sample for a reflex reflector may be either the reflex reflector or a disc of the same material , technique of fabrication, and dye formulation as the reflex reflector. If a disc is used, the thickness must be twice the thickness of the reflector as measured from the face of the lens to the apexes of the reflecting elements. The color of light from the sample device must be compared visually with the color of the light from a standard. The standard may consist of a filter or limit glass.

The chromaticity coordinates of the color standards must be as close as possible to the limits listed. The color of the standard filters is determined spectro-photometrically. The color must comply with the applicable requirement. Red is not acceptable if it is less saturated paler , yellower, or bluer than the limit standards. Yellow is not acceptable if it is less saturated paler , greener, or redder than the limit standards.

Green is not acceptable if it is less saturated paler , yellower, or bluer than the limit standards. Blue is not acceptable if it is less saturated paler , greener, or redder than the limit standards.

The color of light emitted must fall within the following boundaries:. Accelerated weathering procedures are not permitted. Alternative techniques may be used to produce equivalent specimens. Tests are to be conducted in Florida and Arizona. The sample must be mounted in the open no closer than 30 cm Rubbing must be avoided. Plastic lenses, other than those incorporating reflex reflectors, used for inner lenses or those covered by another material and not exposed directly to sunlight must meet the optical material test requirements when covered by the outer lens or other material.

Additionally materials used for reflex reflectors and lenses used in front of reflex reflectors must not show surface deterioration or dimensional changes. Two samples of each thickness of each material must be supported at the bottom, with at least 51 mm of the sample above the support, in the vertical position in such a manner that, on each side, the minimum uninterrupted area of exposed surface is not less than sq mm.

After completion of the heat exposure and cooling to room ambient temperature , a test specimen must show no change in shape and general appearance discernable to the naked eye when compared with an unexposed specimen and continue to conform to the applicable color test requirement of this standard.

The table must be spring mounted at one end and fitted with steel calks on the underside of the other end. The calks are to make contact with the steel anvil once during each cycle at the completion of the fall. The rack must be operated under a spring tension of 60 to 70 lb. The test must be continued for 1 hour. After completion of the vibration test a device showing evidence of material physical weakness, lens or reflector rotation, displacement or rupture of parts except bulb failures, must be considered to have failed, providing that the rotation of lens or reflector must not be considered as a failure when tests show compliance with specifications despite such rotation.

The sample device must be mounted in its normal operating position with all drain holes open and subjected to a precipitation of 0. During the test the device must revolve about its vertical axis at a rate of 4 rpm for a period of 12 hours followed by a one hour drain period where the device does not rotate and the spray stops.

After completion of the moisture test the device must be examined for moisture accumulation. Accumulation of moisture in excess of 2 cc or any visible moisture in a sealed reflex unit must constitute a failure. A sealed unit is not required to meet the requirements of this test.

At intervals of 15 minutes during a test period of 5 hours, the dust must be agitated by compressed air or fan blower by projecting blasts of air for a 2 second period in a downward direction into the dust in such a way that the dust is completely and uniformly diffused throughout the entire cube and allowed to settle. After the completion of the dust test the exterior surface of the device must be cleaned. After the completion of the corrosion test there must be no evidence of excessive corrosion which would affect the proper function of the device.

A new, unused abrading pad constructed of steel wool not less than 2. The density of the pad is such that when the pad is resting unweighted on the lens, the base of the pad is no closer than 3.

A sample headlamp is mounted in the abrasion test fixture of Figure 5 with the lens facing upward. A pivot must be used if it is required to follow the contour of the lens. The five test fluids used in the chemical resistance test include:. Isooctane must conform to A2. The entire exterior lens surface of the sample headlamp mounted in the headlamp test fixture and top surface of the lens-reflector joint is wiped once to the left and once to the right with a 6 inch square soft cotton cloth with pressure equally applied which has been saturated once in a container with 2 ounces of five different test fluids listed above.

The lamp is wiped within 5 seconds after removal of the cloth from the test fluid. A new lamp sample may be used with each fluid. At the end of the hour period, the headlamp is wiped clean with a soft dry cotton cloth and visually inspected. After completion of the chemical resistance test, the sample headlamp must have no surface deterioration, coating delamination , fractures, deterioration of bonding or sealing materials, color bleeding , or color pickup visible without magnification and the headlamp must meet the requirements of the applicable photometry tests of Table XIX and Table XVIII.

If a portion of the device is completely protected in service, that portion is covered to prevent salt fog entry during exposure. After removal from the salt spray and the final 1 hour drying period the sample headlamp is examined for corrosion that affects any other applicable tests contained in S If such corrosion is found, the affected test s must be performed on the corrosion sample and the results recorded. After completion of the corrosion test, the sample headlamp must not have any observed corrosion which would result in the failure of any other applicable tests contained in S The power source is set to provide The spray is not activated during the 24th hour.

The bulb is removed from the headlamp and from the test chamber during the one hour of salt spray deactivation and reinserted for the start of the next test period, at the end of the first and last three hour periods of salt spray exposure, and at the end of any two of the fourth through seventh hour periods of salt-spray exposure.

Every 15 minutes, the cement is agitated by compressed air or fan blower s by projecting blasts of air for a two-second period in a downward direction so that the cement is diffused as uniformly as possible throughout the entire box. A sample headlamp with one or more replaceable light sources is tested according to the procedures of this section for a temperature cycle test and an internal heat test. The same sample headlamp is used in the temperature cycle test and then in the internal heat test.

These include but are not limited to filaments used for turn signal lamps, fog lamps, parking lamps, and headlamp lower beams lighted with upper beams when the wiring harness is so connected on the vehicle.

After completion of the temperature cycle test, the sample headlamp must:. The lens is then cleaned. After completion of the temperature cycle test and meeting its requirements , and completion of the internal heat test, the sample headlamp must:.

All attachments to the headlamp assembly are made behind the lens and vents or openings, and are not within 2 inches laterally of a vent inlet or outlet. All drain holes, breathing devices, and other openings are set in their normal operation positions for all phases of the humidity test. In each cycle , the headlamp is energized for 1 hour at design voltage with the highest combination of filament wattages that are intended to be used, and then de-energized for 2 hours.

The following procedure shall occur: the mounted assembly is removed, placed in an insulating box and covered with foam material so that there is no visible air space around the assembly; the box is closed, taken to the air flow test chamber, and placed within it. Inside the chamber, the assembly with respect to the air flow, is oriented in its design operating position.

The assembly is positioned in the chamber so that the center of the lens is in the center of the opening of the air flow entry duct during the test. The headlamp has at least 3 inches clearance on all sides, and at least 4 inches to the entry and exit ducts at the closest points.

If vent tubes are used which extend below the lamp body, the 3 inches are measured from the bottom of the vent tube or its protection. The headlamp is not energized. The average air flow is the average of the velocity recorded at six points around the perimeter of the lens. The six points are determined as follows: At the center of the lens, construct a horizontal plane.

The first two points are located in the plane, 1 inch outward from the intersection of the plane and each edge of the lens. Then, trisect the distance between these two points and construct longitudinal vertical planes at the two intermediate locations formed by the trisection.

The four remaining points are located in the vertical planes, one inch above the top edge of the lens, and one inch below the bottom edge of the lens. After completion of the humidity test, the sample headlamp must show no evidence of interior delamination or moisture, fogging or condensation visible without magnification.

The mounting bracket with a sample headlamp installed must not have a resonant frequency in the Hz. The table is spring mounted at one end and fitted with steel calks on the underside of the other end.

The table is of sufficient size to completely contain the test fixture base with no overhang. The rack is operated under a spring tension of 60 to 70 lb. The vibration is applied in the vertical axis of the headlamp as mounted on the vehicle. Bulb filaments are not energized during the test. The test is continued for 1 hour.

After completion of the vibration test, there must be no evidence of loose or broken parts, other than filaments, visible without magnification. The headlamp is energized in its highest wattage mode , with the test voltage at The water is in a pressurized vessel, and the pressure is increased to 10 psi 70 kPa , upon placing the lamp in the water.

A A person who is the owner or operator of a motor vehicle may continue to display a license plate issued to that vehicle under sections B No person who is the owner or operator of a motor vehicle shall display a license plate issued to a vehicle under sections D The owner of a motor vehicle for which a license plate is lost, mutilated, or destroyed; becomes illegible; or loses its reflectivity may apply for a duplicate thereof or new license plates pursuant to section E An owner who wishes to renew the registration of a motor vehicle for which a license plate has been declared obsolete under this rule shall apply for new license plates pursuant to section F Any license plate issued by the state of Ohio that has not yet exceeded its useful service life may continue to be displayed until it is lost, mutilated, or destroyed; becomes illegible; loses its reflectivity; or is declared obsolete under this rule, provided that the plate also displays a current and valid validation sticker and county identification sticker.

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