PRINTER'S NO. 2645
THE
GENERAL ASSEMBLY OF
HOUSE
No. 1961 Session of 2003
INTRODUCED BY LEH, GEIST,
BARRAR, BELARDI, BENNINGHOFF, BIANCUCCI,
CAPPELLI, CAWLEY, CIVERA, CLYMER,
CRAHALLA,
GINGRICH,
LAUGHLIN,
McGILL, McILHATTAN, McILHINNEY,
NAILOR,
STETLER, R.
ZUG,
REFERRED TO COMMITTEE ON TRANSPORTATION,
AN ACT
1 Amending Title 75 (Vehicles) of the
2
Statutes, further providing for conviction and point
3
schedules, for speed timing devices and for State and local
5
The General Assembly of the
7
Section 1. Section 1535(d) of
Title 75 of the
8 Consolidated Statutes is amended to
read:
9 § 1535. Schedule of convictions and
points.
11
(d) [Exception]
Exceptions.--
12
(1) This
section does not apply to a person who was
13 operating a pedalcycle
or an animal drawn vehicle.
14
(2) If a
speeding offense under section 3362 (relating
1
to maximum speed limits) is charged as a result of use of a
2
device authorized by section 3368 (relating to speed timing
3
devices), no points shall be assigned under subsection (a)
4
for exceeding the maximum speed limit by less than ten miles
7
Section 2. Section 3368(a), (c),
(d) and (e) of Title 75,
8 amended
9 the section is
amended by adding subsections to read:
10 § 3368. Speed timing devices.
11
(a)
Speedometers authorized.--The rate of speed of any
12 vehicle may be timed on any highway by
a police officer using a
13 motor vehicle equipped with a
speedometer, except as provided in
14 section 6109 (relating to specific
powers of department and
15 local authorities). In ascertaining
the speed of a vehicle by
16 the use of a speedometer, the speed
shall be timed for a
17 distance of not less than three-tenths
of a mile.
19
(c) Mechanical,
electrical and electronic devices
21
(1) Except
as otherwise provided in this section and in
22 section 6109, the rate of speed of
any vehicle may be timed
23
on any highway by a police officer using a mechanical or
24 electrical speed timing device.
25
(2) Except
as otherwise provided in paragraph (3),
26
electronic devices such as radio-microwave devices (commonly
27
referred to as electronic speed meters or radar) or infrared
28
laser light devices (commonly referred to as LIDAR) may be
30 (i) By members of the
Pennsylvania State Police.
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1 (ii) Upon completion of a training course
approved
2
by the
3
Officers' Education and Training Commission, by full-time
4
police officers employed by the full-service police
5 department of a political
subdivision or regional police
6
department if official warning signs indicating the use
7
of these devices are erected
within 500 feet of the
8
border of the political subdivision on the main arteries
9 entering that political subdivision.
This subparagraph
10
shall expire five years after it takes effect.
11
(3) Electronic
devices which calculate speed by
12
measuring elapsed time between measured road surface points
13
by using two sensors and devices which measure and calculate
14
the average speed of a vehicle between any two points may be
15
used by any police officer.
16
(4) No
person may be convicted upon evidence obtained
17
through the use of devices authorized by paragraphs (2) and
18
(3) unless the speed recorded is six or more miles per hour
19 in excess of the legal speed limit.
Furthermore, no person
20
may be convicted upon evidence obtained through the use of
21
devices authorized by paragraph (3) in an area where the
22
legal speed limit is less than 55 miles per hour if the speed
23
recorded is less than ten miles per hour in excess of the
24 legal speed limit. This paragraph
shall not apply to evidence
25
obtained through the use of devices authorized by paragraph
26 (2) or (3) within a school zone or an
active work zone.
27
(5) As
used in this subsection, the following words and
28
phrases shall have the meanings given to them in this
30 "Full-service police
department." A local or
regional
20030H1961B2645 -
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2 (i) is authorized by
one or more political
4 (ii) provides 24-hour-a-day patrol and
investigative
6 (iii) reports its activities monthly to the
7
Pennsylvania State Police in accordance with the Uniform
9 "Full-time police officer." An employee of a political
10
subdivision or regional police department who complies with
12 (i) Is certified under
53 Pa.C.S.
13 (relating to municipal police
education and training).
14 (ii) Is empowered to enforce 18 Pa.C.S. (relating to
15 crimes and offenses) and this title.
16 (iii) Is a regular full-time police officer
under
17
the act of
18
act regulating the suspension, removal, furloughing and
19
reinstatement of police officers in boroughs and
20
townships of the first class having police forces of less
21
than three members, and in townships of the second
22
class," or works a minimum of 200 days a year.
23 (iv) Is provided coverage by a police
pension plan
25 (A) the act of
26 entitled "An act to empower
boroughs and cities to
27 establish a police pension fund,
to take property in
28 trust therefor
and regulating and providing for the
30 (B) the act of
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1 known as The Third Class City
Code;
2 (C) the act of
3 referred to as the Second Class
City Policemen Relief
5 (D) the act of
6 No.600), referred to as the
Municipal Police Pension
8 (E) the act of
9 known as the Optional Third Class
City Charter Law.
10
The term does not include auxiliary, part-time or fire
12
(d)
Classification, approval and testing of mechanical,
13 electrical and electronic
devices.--The department may, by
14 regulation, classify specific devices
as being mechanical,
15 electrical or electronic. All mechanical,
electrical or
16 electronic devices shall be of a type
approved by the
17 department, which shall appoint
stations for calibrating and
18 testing the devices [and may prescribe
regulations as to the
19 manner in which calibrations and tests
shall be made]. All
20 devices, including LIDAR laser devices
and electronic speed
21 meters or radar, must have been tested
for accuracy within a
22 period of one year prior to the
alleged violation in accordance
23 with specifications prescribed by the
National Highway Traffic
24 Safety Administration (NHTSA). All
electronic devices, such as
25 LIDAR laser devices, and electronic
speed devices, such as speed
26 meters or radar, approved for use in
this Commonwealth, must
27 appear on the International
Association of Chiefs of Police
28 consumer products list, in conjunction
with
29 Traffic Safety Administration (NHTSA)
standards. The
30 certification and calibration of electronic
devices under
20030H1961B2645 -
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1 subsection (c)(3) shall also include
the certification and
2 calibration of all equipment, timing
strips and other devices
3 which are actually used with the particular
electronic device
4 being certified and calibrated. [The
devices shall have been
5 tested for accuracy within a period of
60 days prior to the
6 alleged violation.] A certificate from
the station showing that
7 the calibration and test were made
within the required period,
8 and that the device was accurate,
shall be competent and prima
9 facie evidence of those facts in every
proceeding in which a
10 violation of this title is charged.
11
(e) Distance
requirements for use of mechanical, electrical
12 and electronic devices.--[Mechanical]
13
(1) Except
as provided in paragraph (2), mechanical,
14
electrical or electronic devices may not be used to time the
15
rate of speed of vehicles within 500 feet after a speed limit
16
sign indicating a decrease of speed. This limitation on the
17 use of speed timing devices shall
not apply to speed limit
18
signs indicating school zones, bridge and elevated structure
19
speed limits, hazardous grade speed limits and work zone
21
(2) Whenever
radio-microwave speed timing devices or
22
infrared laser light devices are used by a local or regional
23 police officer, the police officer
must locate the radio-
24
microwave speed timing device or infrared laser light device
25
in a location that is not intentionally concealed from the
27
(f) Local
ordinance required to enforce.--Prior to use of
28 radio-microwave speed timing devices
or infrared laser light
29 devices used for speed timing by local
or regional police
30 officers, the appropriate governing
body must adopt an ordinance
20030H1961B2645 - 6 -
1 authorizing the local or regional
police department to employ
2 such devices on roads within the
boundaries of the governing
3 body and in accordance with section
6109(a)(11) to address
4 citizen complaints or demonstrable
traffic safety concerns, such
5 as high crash rates or fatalities.
This subsection shall expire
6 five years after it takes effect.
7
(g) Excess
revenues.--The primary use of radar or LIDAR by
8 local or regional police officers is
for traffic safety
9 purposes. Each local or regional
police department that uses
10 radar or LIDAR shall report annually
to the
11 Police the municipal revenue generated
from speed enforcement
12 citations on such forms as may be
prescribed by the
13 State Police. In the event the
municipal share of revenue
14 generated from speed enforcement
citations exceeds 5% of the
15 total municipal budget or 5% of the
regional police department
16 budget, all sums in excess thereof
shall be remitted to the
17 Pennsylvania State Police to be used
for traffic safety
18 purposes. This subsection shall expire
five years after it takes
20
Section 3. Section 6109(a)(11) of Title 75 is amended to
22 § 6109. Specific powers of
department and local authorities.
23
(a) Enumeration
of police powers.--The provisions of this
24 title shall not be deemed to prevent
the department on State-
25 designated highways and local
authorities on streets or highways
26 within their physical boundaries from
the reasonable exercise of
27 their police powers. The following are
presumed to be reasonable
30
(11)
Enforcement of speed restrictions authorized under
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1
Subchapter F of Chapter 33[, except that] in accordance with
3 (i) Except as set forth
in subparagraph (ii), speed
4
restrictions may be enforced by [local police] full-time
5
police officers employed by the full-service police
6 department of a political
subdivision or regional police
7 department on a limited access
or divided highway only if
8
[it] this title authorizes such enforcement and the
9 highway is patrolled by the
local or regional police
10
force under the terms of an agreement with the
12 (ii) If this title authorizes speed
restrictions to
13
be enforced by a police department of a city of the first
14 class, they may be enforced on
limited access or divided
15 highways within the police
department's jurisdiction. An
16 agreement with the Pennsylvania
State Police is not
17 necessary under this subparagraph.
19
Section 4. This act shall take
effect in 120 days.
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