PRINTER'S NO. 871
THE
GENERAL ASSEMBLY OF
SENATE
No. 760 Session of 2003
INTRODUCED BY
KITCHEN, MUSTO, PILEGGI, ORIE, D. WHITE, DENT,
REFERRED TO 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
15
to maximum speed limits) is charged as a result of use of a
16
device authorized by section 3368(c) (relating to speed
17
timing devices), no points shall be assigned under subsection
18
(a) unless the speed recorded is ten or more miles per hour
1 in excess of the legal speed limit.
3
Section 2. Section 3368(a), (c),
(d) and (e) of Title 75,
4 amended
5 the section is amended by adding
subsections to read:
6 § 3368. Speed timing devices.
7
(a)
Speedometers authorized.--The rate of speed of any
8 vehicle may be timed on any highway by
a police officer using a
9 motor vehicle equipped with a
speedometer, except as provided in
10 section 6109 (relating to specific
powers of department and
11 local authorities). In ascertaining
the speed of a vehicle by
12 the use of a speedometer, the speed
shall be timed for a
13 distance of not less than three-tenths
of a mile.
15
(c) Mechanical,
electrical and electronic devices
17
(1) Except
as otherwise provided in this section and in
18 section 6109, the rate of speed of
any vehicle may be timed
19
on any highway by a police officer using a mechanical or
20 electrical speed timing device.
21
(2) Except
as otherwise provided in paragraph (3),
22
electronic devices such as radio-microwave devices (commonly
23
referred to as electronic speed meters or radar) or infrared
24
laser light devices (commonly referred to as LIDAR) may be
26 (i) By members of the
Pennsylvania State Police.
27 (ii) Upon completion of a training course
approved
28
by the
29
Officers' Education and Training Commission, by full-time
30
police officers employed by the full-service police
20030S0760B0871 - 2 -
1
department of a political subdivision or regional police
2
department if official warning signs indicating the use
3
of these devices are erected within 500 feet of the
4
border of the political subdivision on the main arteries
5 entering that political subdivision.
6
(3) Electronic
devices which calculate speed by
7
measuring elapsed time between measured road surface points
8
by using two sensors and devices which measure and calculate
9
the average speed of a vehicle between any two points may be
10
used by any police officer.
11
(4) No
person may be convicted upon evidence obtained
12
through the use of devices authorized by paragraphs (2) and
13
(3) unless the speed recorded is six or more miles per hour
14 in excess of the legal speed limit.
Furthermore, no person
15
may be convicted upon evidence obtained through the use of
16
devices authorized by paragraph (2) or (3) in an area where
17
the legal speed limit is less than 55 miles per hour if the
18
speed recorded is less than ten miles per hour in excess of
19
the legal speed limit. This paragraph shall not apply to
20 evidence obtained through the use
of devices authorized by
21
paragraph (2) or (3) within a school zone or an active work
23
(5) As
used in this subsection, the following words and
24
phrases shall have the meanings given to them in this
26 "Full-service police
department." A local or
regional
28 (i) is authorized by
one or more political
30 (ii) provides 24-hour-a-day patrol and
investigative
20030S0760B0871 -
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2 (iii) reports its activities monthly to the
3
Pennsylvania State Police in
accordance with the Uniform
5 "Full-time police officer." An employee of a political
6
subdivision or regional police department who complies with
8 (i) Is certified under
53 Pa.C.S.
9 (relating to municipal police
education and training).
10 (ii) Is empowered to enforce 18 Pa.C.S. (relating to
11 crimes and offenses) and this title.
12 (iii) Is a regular full-time police officer
under
13
the act of
14
act regulating the suspension, removal, furloughing and
15
reinstatement of police officers
in boroughs and
16
townships of the first class having police forces of less
17
than three members, and in townships of the second
18
class," or works a minimum of 200 days a year.
19 (iv) Is provided coverage by a police
pension plan
21 (A) the act of
22 entitled "An act to empower
boroughs and cities to
23 establish a police pension fund,
to take property in
24 trust therefor
and regulating and providing for the
26 (B) the act of
27 known as The Third Class City
Code;
28 (C) the act of
29 referred to as the Second Class
City Policemen Relief
20030S0760B0871 -
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1 (D) the act of
2 No.600), referred to as the
Municipal Police Pension
4 (E) the act of
5 known as the Optional Third Class
City Charter Law.
6
The term does not include auxiliary, part-time or fire
8
(d)
Classification, approval and testing of mechanical,
9 electrical and electronic
devices.--The department may, by
10 regulation, classify specific devices
as being mechanical,
11 electrical or electronic. All
mechanical, electrical or
12 electronic devices shall be of a type
approved by the
13 department, which shall appoint
stations for calibrating and
14 testing the devices [and may prescribe
regulations as to the
15 manner in which calibrations and tests
shall be made]. All
16 devices, including LIDAR laser devices
and electronic speed
17 meters or radar, must have been tested
for accuracy within a
18 period of one year prior to the
alleged violation in accordance
19 with specifications prescribed by the
National Highway Traffic
20 Safety Administration (NHTSA). All
electronic devices, such as
21 LIDAR laser devices, and electronic
speed devices, such as speed
22 meters or radar, approved for use in
this Commonwealth, must
23 appear on the International
Association of Chiefs of Police
24 consumer products list, in conjunction
with
25 Traffic Safety Administration (NHTSA)
standards. The
26 certification and calibration of
electronic devices under
27 subsection (c)(3) shall also include
the certification and
28 calibration of all equipment, timing
strips and other devices
29 which are actually used with the
particular electronic device
30 being certified and calibrated. [The
devices shall have been
20030S0760B0871 -
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1 tested for accuracy within a period of
60 days prior to the
2 alleged violation.] A certificate from
the station showing that
3 the calibration and test were made
within the required period,
4 and that the device was accurate,
shall be competent and prima
5 facie evidence of those facts in every
proceeding in which a
6 violation of this title is charged.
7
(e) Distance
requirements for use of mechanical, electrical
8 and electronic devices.--[Mechanical]
9
(1) Except
as provided in paragraph (2), mechanical,
10
electrical or electronic devices may not be used to time the
11
rate of speed of vehicles within 500 feet after a speed limit
12
sign indicating a decrease of speed. This limitation on the
13 use of speed timing devices shall
not apply to speed limit
14
signs indicating school zones, bridge and elevated structure
15
speed limits, hazardous grade speed limits and work zone
17
(2) Whenever
radio-microwave speed timing devices or
18
infrared laser light devices are used by a local or regional
19 police officer, the police officer
must locate the vehicle
20
with the radio-microwave speed timing device or infrared
21
laser light device in a location that is not intentionally
22
concealed from the motoring public.
23
(f) Local
ordinance required to enforce.--
24
(1) Prior
to use of radio-microwave speed timing devices
25
or infrared laser light devices used for speed timing by
26
local or regional police officers, the appropriate governing
27
body must adopt an ordinance authorizing the local or
28
regional police department to employ such devices on roads
29
within the boundaries of the governing body where a required
30
engineering and traffic study has been conducted and in
20030S0760B0871 -
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1
accordance with section 6109(a)(11) to address
citizen
2 complaints or demonstrable traffic safety
concerns, such as
3 high crash rates or fatalities.
4
(2) During
the initial 90 days of speed enforcement by a
5
local or regional police department using radio-microwave
6 speed timing devices or infrared laser
light devices, persons
7
may only be sanctioned for violations with a written warning.
8
(g) Excess
revenues.--The primary use of radar or LIDAR by
9 local or regional police officers is for
traffic safety
10 purposes. Each local or regional
police department that uses
11 radar or LIDAR shall report annually
to the
12 Police the municipal revenue generated
from speed enforcement
13 citations on such forms as may be
prescribed by the
14 State Police. In the event the
municipal share of revenue
15 generated from speed enforcement
citations exceeds 5% of the
16 total municipal budget or 5% of the
regional police department
17 budget, all sums in excess thereof
shall be remitted to the
18 Pennsylvania State Police to be used
for traffic safety
19 purposes. This subsection shall expire
five years after it takes
21
Section 3. Section 6109(a)(11) of Title 75 is amended to
23 § 6109. Specific powers of
department and local authorities.
24
(a) Enumeration
of police powers.--The provisions of this
25 title shall not be deemed to prevent
the department on State-
26 designated
highways and local authorities on streets or highways
27 within their physical boundaries from
the reasonable exercise of
28 their police powers. The following are
presumed to be reasonable
20030S0760B0871 -
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1
(11)
Enforcement of speed restrictions authorized under
2
Subchapter F of Chapter 33[, except that] in accordance with
4 (i) Except as set forth
in subparagraph (ii), speed
5
restrictions may be enforced by [local police] full-time
6
police officers employed by the full-service police
7 department of a political
subdivision or regional police
8 department on a limited access
or divided highway only if
9
[it] this title authorizes such enforcement and the
10 highway is patrolled by the
local or regional police
11
force under the terms of an agreement with the
13 (ii) If this title authorizes speed
restrictions to
14
be enforced by a police department of a city of the first
15 class, they may be enforced on
limited access or divided
16 highways within the police
department's jurisdiction. An
17 agreement with the Pennsylvania
State Police is not
18 necessary under this subparagraph.
20
Section 4. This act shall take
effect in 120 days.
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