PRIOR PRINTER'S NO. 1206 PRINTER'S NO. 1964
THE
GENERAL ASSEMBLY OF
HOUSE
No. 1050 Session of 2005
INTRODUCED BY LEH, GEIST, SCAVELLO,
BASTIAN, BELARDI, BENNINGHOFF,
CLYMER,
FABRIZIO, FLEAGLE, FLICK,
GINGRICH,
KAUFFMAN, W.
McGILL, McILHATTAN, McILHINNEY,
MUSTIO, NAILOR,
REICHLEY,
STEIL, R.
WRIGHT, YUDICHAK, ZUG,
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED,
AN ACT
1 Amending Title 75 (Vehicles) of the
2
Statutes, further providing for conviction and point
3
schedules; and providing for radar enforcement systems pilot
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.
1
(2) If a
speeding offense under section 3362 (relating
2
to maximum speed limits) is charged as a result of use of a
3
device authorized by section 3368.1 (relating to radar
4
enforcement systems pilot program), no points shall be
5
assigned under subsection (a) if the speed recorded is less
6
than ten miles per hour in excess of the legally posted speed
9
Section 2. Title 75 is amended by
adding a section to read:
10 § 3368.1. Radar enforcement systems pilot program.
12
(1) A
city of the first class, a city of the second
13
class, one third class city, one first class township, one
14
second class township, one borough and one regional police
15 force encompassing any combination
of municipalities, upon
16
passage of an ordinance, section 3368(c)(2)
(relating to
17
speed timing devices) notwithstanding, are authorized to
18
enforce section 3362 (relating to maximum speed limits) on
19
highways owned by the municipality using electronic devices
20
such as radio-microwave devices (commonly referred to as
21
electronic speed meters or radar).
22
(2) This
section shall only be applicable in the
23
municipalities as selected by the Local Government Commission
24
and the Secretary of Transportation who shall consider
25
selection based upon applications submitted by the
26
municipalities prior to
27
municipalities meet the following requirements:
28 (i) Officers must
complete a training course
29
approved by the Pennsylvania State Police and the
30
Municipal Police Officers' Education and Training
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2 (ii) The municipalities chosen may only use
full-
3
time police officers employed by the full-service police
4 department of a political
subdivision or regional police
6 (iii) Official warning signs indicating the
use of
7
these devices are erected within 500 feet of the border
8
of the political subdivision on the main arteries
9 entering that political subdivision.
10
(b) Local
ordinance required to enforce.--Prior to use of
11 radio-microwave speed timing devices
or infrared laser light <--
12 devices used for speed timing by local
or regional police
13 officers, the appropriate governing
body must adopt an ordinance
14 authorizing the local or regional
police department to employ
15 such devices on roads within the
boundaries of the governing
16 body and in accordance with section
6109(a)(11) (relating to
17 specific powers of department and
local authorities) to address
18 citizen complaints or demonstrable
traffic safety concerns, such
19 as high crash rates or fatalities. The
Local Government
20 Commission shall file an annual report
with the chairman and the
21 minority chairman of the
Transportation Committee of the Senate
22 and the chairman and minority chairman
of the Transportation
23 Committee of the House of
Representatives. The report at a
24 minimum shall include for the prior
year:
25
(1) The
number of violations and fines issued.
26
(2) A
compilation of fines paid and outstanding.
28
(1) A
fine is not authorized during the first 120 days
29 of operation of the automated system.
During the time period
30
under this paragraph, a warning may be issued to the
20050H1050B1964 -
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2
(2) A
penalty imposed under this section shall not be
3
deemed a criminal conviction and shall not be made part of
4
the operating record under section 1535 (relating to schedule
5
of convictions and points) of the individual upon whom the
6 penalty is imposed, nor may the
imposition of the penalty be
7 subject to merit rating for insurance
purposes.
8
(3) No
surcharge points may be imposed in the provision
9 of motor vehicle insurance coverage.
Fines collected under
10
this section shall not be subject to 42 Pa.C.S.
§ 3571
11
(relating to Commonwealth portion of fines, etc.) or 3573
12 (relating to municipal corporation portion
of fines, etc.).
13
(d) Department
approval.--No enforcement using radar may be
14 used without the approval of the
department, which shall have
15 the authority to promulgate
regulations for the certification
17
(e) Revenue
limitation.--The primary use of radar by local
18 or regional police officers is for
traffic safety purposes. Each
19 local or regional police department
that uses radar shall report
20 annually to the Pennsylvania State
Police the municipal revenue
21 generated from speed enforcement
citations on such forms as may
22 be prescribed by the Pennsylvania State
Police. In the event the
23 municipal share of revenue generated
from speed enforcement
24 citations exceeds 5% of the total
municipal budget or 5% of the
25 regional police department budget, all
sums in excess thereof
26 shall be remitted to the Pennsylvania
State Police to be used
27 for traffic safety purposes.
28
(f) Definitions.--As
used in this section, the following
29 words and phrases shall have the
meanings given to them in this
20050H1050B1964 - 4 -
1 "Full-service police
department." A local or
regional police
3
(1) is
authorized by one or more political subdivisions;
4
(2) provides
24-hour-a-day patrol and investigative
6
(3) reports
its activities monthly to the
7
State Police in accordance with the Uniform Crime Reporting
9 "Full-time police officer." An employee of a political
10 subdivision or regional police
department who complies with all
12
(1) Is
certified under 53 Pa.C.S.
13 (relating to municipal police education
and training).
14
(2) Is
empowered to enforce 18 Pa.C.S. (relating
to
15 crimes and offenses) and this title.
16
(3) Is a
regular full-time police officer under the act
17
of
18
regulating the suspension, removal, furloughing and
19 reinstatement of police officers in
boroughs and townships of
20
the first class having police forces of less than three
21
members, and in townships of the second class," or works a
22 minimum of 200 days a year.
23
(4) Is
provided coverage by a police pension plan under:
24 (i) the act of
25
entitled "An act to empower boroughs and cities to
26 establish a police
pension fund, to take property in
27
trust therefor and regulating and providing
for the
29 (ii) the act of
30
known as The Third Class City
Code;
20050H1050B1964 -
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1 (iii) the act of
2
referred to as the Second Class City Policemen Relief
4
(iv) the act of
5
No.600), referred to as the Municipal Police Pension Law;
7 (v) the act of
8 known as the Optional Third Class City
Charter Law.
9
The term does not include auxiliary, part-time or fire
11
(g) Expiration.--This
section shall expire December 31,
13
Section 3. This act shall take
effect in 120 days.
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