PRINTER'S NO. 863
THE
GENERAL ASSEMBLY OF
HOUSE
No. 736 Session of 2003
INTRODUCED BY FLICK, McCALL, WILT, HARPER,
BENNINGHOFF, CAUSER, CAWLEY, CIVERA, CREIGHTON, DeLUCA,
McILHATTAN, R. MILLER, MUNDY, NAILOR,
REICHLEY,
STERN, R.
REFERRED TO COMMITTEE ON TRANSPORTATION,
AN ACT
1 Amending Title 75 (Vehicles) of the
2
Statutes, further providing for the use of certain electronic
3
speed timing devices by qualified police officers.
4
The General Assembly of the
6
Section 1. Section 3368(c) of
Title 75 of the
7 Consolidated Statutes, amended
8 No.229), is amended and the section is
amended by adding
10 § 3368. Speed timing devices.
12
(c) Mechanical,
electrical and electronic devices
14
(1) Except
as otherwise provided in this section, the
15
rate of speed of any vehicle may be timed on any highway by a
16 police officer using a mechanical or electrical speed timing
2
(2) Except
as otherwise provided in paragraph (3),
3
electronic devices such as radio-microwave devices (commonly
4
referred to as electronic speed meters or radar) may be used
5 only by members of the Pennsylvania State
Police. Full-time
6
members of local police departments whose
municipal governing
7
bodies have adopted ordinances in accordance with subsection
8
(f), who have satisfactorily completed the requirements of 53
9
Pa.C.S.
10
education and training) and who have been trained in the use
11
of radio-microwave devices in a program approved by the
12
Pennsylvania State Police may use radio-microwave speed
13 timing devices on municipal roads in their
jurisdiction.
14
(3) Electronic
devices which calculate speed by
15
measuring elapsed time between measured road surface points
16
by using two sensors and devices which measure and calculate
17
the average speed of a vehicle between any two points may be
18
used by any police officer.
19
(4) No
person may be convicted upon evidence obtained
20
through the use of devices authorized by paragraphs (2) and
21
(3) unless the speed recorded is six or more miles per hour
22 in excess of the legal speed limit.
Furthermore, no person
23
may be convicted upon evidence obtained through the use of
24
devices authorized by paragraph (3) in an area where the
25
legal speed limit is less than 55 miles per hour if the speed
26
recorded is less than ten miles per hour in excess of the
27 legal speed limit. This paragraph
shall not apply to evidence
28
obtained through the use of devices authorized by paragraph
29 (2) or (3) within a school zone or an
active work zone.
20030H0736B0863 -
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1
(f) Local
referendum prerequisite to local use of radio-
2 microwave speed timing devices.--No
municipal governing body
3 shall adopt any ordinance authorizing
the municipal police
4 officers to use radio-microwave speed
timing devices on roads
5 under the jurisdiction of the
municipality until that municipal
6 governing body obtains the approval of
the electors of that
7 municipality in a public referendum
conducted at a primary,
8 general or municipal election
conducted at least 60 days prior
9 to the adoption of the proposed
ordinance.
10
(g) Defense.--The
primary use of radar or any other speed
11 timing device by police officers is
for purposes of traffic
12 safety. It shall be a defense to
prosecution under this section
13 or any section related to any speed
timing device if it can be
14 demonstrated that the primary use of
such device is to generate
16 Section 2.
This act shall take effect in 60 days.
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