PRINTER'S NO. 1733
THE
GENERAL ASSEMBLY OF
HOUSE
No. 1439 Session of 2005
INTRODUCED BY FLICK,
BELARDI,
DALLY, DENLINGER,
LEACH, MANDERINO, McILHATTAN, R. MILLER,
NAILOR,
STERN,
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 is amended and
the section is amended by
9 § 3368. Speed timing devices.
11
(c) Mechanical,
electrical and electronic devices
13
(1) Except
as otherwise provided in this section, the
14
rate of speed of any vehicle may be timed on any highway by a
15
police officer using a mechanical or electrical
speed timing
1
(2) Except
as otherwise provided in paragraph (3),
2
electronic devices such as radio-microwave devices (commonly
3
referred to as electronic speed meters or radar) may be used
4 only by members of the
Pennsylvania State Police. Full-time
5
members of local police departments whose
municipal governing
6
bodies have adopted ordinances in accordance with subsection
7
(f), who have satisfactorily completed the requirements of 53
8
Pa.C.S.
9
education and training) and who have been trained in the use
10
of radio-microwave devices in a program approved by the
11
Pennsylvania State Police may use radio-microwave speed
12 timing devices on municipal roads in their
jurisdiction.
13
(3) Electronic
devices which calculate speed by
14
measuring elapsed time between measured road surface points
15 by using two sensors and devices which
measure and calculate
16
the average speed of a vehicle between any two points may be
17
used by any police officer.
18
(4) No
person may be convicted upon evidence obtained
19
through the use of devices authorized by paragraphs (2) and
20
(3) unless the speed recorded is six or more miles per hour
21 in excess of the legal speed limit.
Furthermore, no person
22
may be convicted upon evidence obtained through the use of
23
devices authorized by paragraph (3) in an area where the
24
legal speed limit is less than 55 miles per hour if the speed
25
recorded is less than ten miles per hour in excess of the
26 legal speed limit. This paragraph
shall not apply to evidence
27
obtained through the use of devices authorized by paragraph
28 (2) or (3) within a school zone or an
active work zone.
30
(f) Local
referendum prerequisite to local use of radio-
20050H1439B1733 -
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1 microwave speed timing devices.--No
municipal governing body
2 shall adopt any ordinance authorizing
the municipal police
3 officers to use radio-microwave speed
timing devices on roads
4 under the jurisdiction of the
municipality until that municipal
5 governing body obtains the approval of
the electors of that
6 municipality in a public referendum
conducted at a primary,
7 general or municipal election conducted
at least 60 days prior
8 to the adoption of the proposed
ordinance.
9
(g) Defense.--The
primary use of radar or any other speed
10 timing device by police officers is
for purposes of traffic
11 safety. It shall be a defense to
prosecution under this section
12 or any section related to any speed
timing device if it can be
13 demonstrated that the primary use of
such device is to generate
15
Section 2. This act shall take
effect in 60 days.
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