PRINTER'S NO. 2715
THE
GENERAL ASSEMBLY OF
HOUSE
No. 1957 Session of 2007
INTRODUCED BY LENTZ, VEREB, SCAVELLO, R.
McILVAINE SMITH, BEAR,
CREIGHTON, CUTLER, DALLY, DePASQUALE,
RUBLEY,
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
15
to maximum speed limits) is charged as a result of use of a
16
device authorized by section 3368(c)(2)(ii)
(relating to
1
speed timing devices), no points shall be assigned under
2 subsection (a) unless the speed
recorded is ten or more miles
3 per hour in excess of the legal speed
limit.
5
Section 2. Section 3368(a), (c),
(d) and (e) of Title 75 are
6 amended and the section is amended by
adding subsections to
8 § 3368. Speed timing devices.
9
(a)
Speedometers authorized.--The rate of speed of any
10 vehicle may be timed on any highway by
a police officer using a
11 motor vehicle equipped with a
speedometer, except as provided in
12 section 6109 (relating to specific powers
of department and
13 local authorities). In ascertaining
the speed of a vehicle by
14 the use of a speedometer, the speed
shall be timed for a
15 distance of not less than three-tenths
of a mile.
17
(c) Mechanical,
electrical and electronic devices
19
(1) Except
as otherwise provided in this section and in
20 section 6109, the rate of speed of
any vehicle may be timed
21
on any highway by a police officer using a mechanical or
22 electrical speed timing device.
23
(2) Except
as otherwise provided in paragraph (3),
24
electronic devices such as radio-microwave devices (commonly
25
referred to as electronic speed meters or radar) may be used
27 (i) By members of the
Pennsylvania State Police.
28 (ii) Upon completion of a training course
approved
29
by the
30 Officers' Education and Training
Commission, by full-time
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1
police officers employed by the full-service police
2 department of a political
subdivision or regional police
3
department situate in a county of the first class, second
4
class, second class A or third class if official warning
5
signs indicating the use of these devices are erected
6
within 500 feet of the border of the political
7 subdivision on the main
arteries entering that political
9
(3) Electronic
devices which calculate speed by
10
measuring elapsed time between measured road surface points
11
by using two sensors and devices which measure and calculate
12
the average speed of a vehicle between any two points may be
13
used by any police officer.
14
(4) No
person may be convicted upon evidence obtained
15
through the use of devices authorized by paragraphs (2) and
16
(3) unless the speed recorded is [six] ten or more miles per
17
hour in excess of the legal speed limit. [Furthermore, no
18
person may be convicted upon evidence obtained through the
19
use of devices authorized by paragraph (3) in an area where
20
the legal speed limit is less than 55 miles per hour if the
21
speed recorded is less than ten miles per hour in excess of
22
the legal speed limit.] This paragraph shall not apply to
23 evidence obtained through the use
of devices authorized by
24
paragraph (2) or (3) within a school zone or an active work
26
(5) As
used in this subsection, the following words and
27
phrases shall have the meanings given to them in this
29 "Full-service police
department." A local or
regional
20070H1957B2715 -
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1 (i) is authorized by
one or more political
3 (ii) provides 24-hour-a-day patrol and
investigative
5 (iii) reports its activities monthly to the
6
Pennsylvania State Police in accordance with the Uniform
8 "Full-time police officer." An employee of a political
9
subdivision or regional police department who complies with
11 (i) Is certified under
53 Pa.C.S.
12 (relating to municipal police
education and training).
13 (ii) Is empowered to enforce 18 Pa.C.S. (relating to
14 crimes and offenses) and this title.
15 (iii) Is a regular full-time police officer
under
16
the act of
17
act regulating the suspension, removal, furloughing and
18
reinstatement of police officers in boroughs and
19
townships of the first class having police forces of less
20
than three members, and in townships of the second
21
class," or works a minimum of 200 days a year.
22 (iv) Is provided coverage by a police
pension plan
24 (A) 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 (B) the act of
30 known as The Third Class City
Code;
20070H1957B2715 -
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1 (C) the act of
2 referred to as the Second Class
City Policemen Relief
4 (D) the act of
5 No.600), referred to as the
Municipal Police Pension
7 (E) 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
(d)
Classification, approval and testing of mechanical,
12 electrical and electronic devices.--The
department may, by
13 regulation, classify specific devices
as being mechanical,
14 electrical or electronic. All
mechanical, electrical or
15 electronic devices shall be of a type
approved by the
16 department, which shall appoint
stations for calibrating and
17 testing the devices [and may prescribe
regulations as to the
18 manner in which calibrations and tests
shall be made]. All
19 devices, including electronic speed
meters or radar, must have
20 been tested for accuracy within a
period of six months prior to
21 the alleged violation in accordance
with specifications
22 prescribed by the National Highway
Traffic Safety Administration
23 (NHTSA). All electronic speed devices,
such as speed meters or
24 radar, approved for use in this
Commonwealth, must be in
25 compliance with National Highway
Traffic Safety Administration
26 (NHTSA) standards. The certification
and calibration of
27 electronic devices under subsection
(c)(3) shall also include
28 the certification and calibration of
all equipment, timing
29 strips and other devices which are
actually used with the
30 particular electronic device being
certified and calibrated.
20070H1957B2715 - 5 -
1 [The devices shall have been tested
for accuracy within a period
2 of 60 days prior to the alleged
violation.] A certificate from
3 the station showing that the
calibration and test were made
4 within the required period, and that
the device was accurate,
5 shall be competent and prima facie
evidence of those facts in
6 every proceeding in which a 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 are
18
used by a local or regional police officer of a political
19
subdivision authorized under subsection (c), the police
20 officer must locate the vehicle
with the radio-microwave
21
speed timing 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
used for speed timing by local or regional police officers of
26
political subdivisions authorized under subsection (c), the
27 appropriate governing body must
adopt an ordinance
28
authorizing the local or regional police department to employ
29
such devices on roads within the boundaries of the governing
30
body where a required engineering and traffic study has been
20070H1957B2715 - 6 -
1
conducted and in accordance with section 6109(a)(11)
to
2
address citizen complaints or demonstrable traffic safety
3 concerns, such as high crash rates or
fatalities.
4
(2) During
the initial 120 days of speed enforcement by
5
a local or regional police department of a political
6
subdivision authorized under subsection (c) using radio-
7
microwave speed timing devices, persons may only be
8
sanctioned for violations with a written warning.
9
(g) Excess
revenues.--The primary use of radar by local or
10 regional police officers of political
subdivisions authorized
11 under subsection (c) is for traffic
safety purposes. Each local
12 or regional police department that
uses radar shall report
13 annually to the Pennsylvania State
Police the municipal revenue
14 generated from speed enforcement
citations on such forms as may
15 be prescribed by the Pennsylvania
State Police. In the event the
16 municipal share of revenue generated
from speed enforcement
17 citations exceeds the actual costs for
training, operating,
18 maintenance and enforcement
activities, all sums in excess
19 thereof shall be remitted to the
Pennsylvania State Police to be
20 used for traffic safety purposes.
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
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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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