PRINTER'S NO. 824
THE
GENERAL ASSEMBLY OF
SENATE
No. 296 Session of 2007
INTRODUCED BY RAFFERTY, CORMAN,
STACK, WONDERLING AND BAKER,
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)(2)(ii)
(relating to
17
speed timing devices), no points shall be assigned under
18 subsection (a) unless the speed
recorded is ten or more miles
1 per hour in excess of the legal speed
limit.
3
Section 2. Section 3368(a), (c),
(d) and (e) of Title 75 are
4 amended and the section is amended by
adding subsections to
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
20070S0296B0824 -
2 -
1
department of a political subdivision or regional police
2
department situate in a county of the first class, second
3
class, second class A or third class if official warning
4
signs indicating the use of these devices are erected
5
within 500 feet of the border of the political
6 subdivision on the main
arteries entering that political
8
(3) Electronic
devices which calculate speed by
9
measuring elapsed time between measured road surface points
10
by using two sensors and devices which measure and calculate
11
the average speed of a vehicle between any two points may be
12
used by any police officer.
13
(4) No
person may be convicted upon evidence obtained
14
through the use of devices authorized by paragraphs (2) and
15
(3) unless the speed recorded is six or more miles per hour
16 in excess of the legal speed limit.
Furthermore, no person
17
may be convicted upon evidence obtained through the use of
18
devices authorized by subparagraph (2)(ii) or
paragraph (3)
19
in an area where the legal speed limit is less than 55 miles
20
per hour if the speed recorded is less than ten miles per
21
hour in excess of the legal speed limit. This paragraph shall
22
not apply to evidence obtained through the use of devices
23
authorized by paragraph (2) or (3) within a school zone or an
25
(5) As
used in this subsection, the following words and
26
phrases shall have the meanings given to them in this
28 "Full-service police
department." A local or
regional
30 (i) is authorized by
one or more political
20070S0296B0824 -
3 -
2 (ii) provides 24-hour-a-day patrol and
investigative
4 (iii) reports its activities monthly to the
5
Pennsylvania State Police in accordance with the Uniform
7 "Full-time police officer." An employee of a political
8
subdivision or regional police department who complies with
10 (i) Is certified under
53 Pa.C.S.
11 (relating to municipal police
education and training).
12 (ii) Is empowered to enforce 18 Pa.C.S. (relating to
13 crimes and offenses) and this title.
14 (iii) Is a regular full-time police officer
under
15
the act of
16
act regulating the suspension, removal, furloughing and
17
reinstatement of police officers in boroughs and
18
townships of the first class having police forces of less
19
than three members, and in townships of the second
20
class," or works a minimum of 200 days a year.
21 (iv) Is provided coverage by a police
pension plan
23 (A) the act of
24 entitled "An act to empower
boroughs and cities to
25
establish a police pension fund,
to take property in
26 trust therefor
and regulating and providing for the
28 (B) the act of
29
known as The Third Class City
Code;
30 (C) the act of
20070S0296B0824 -
4 -
1 referred to as the Second Class
City Policemen Relief
3 (D) the act of
4 No.600), referred to as the
Municipal Police Pension
6 (E) the act of
7 known as the Optional Third Class City
Charter Law.
8
The term does not include auxiliary, part-time or fire
10
(d)
Classification, approval and testing of mechanical,
11 electrical and electronic
devices.--The department may, by
12 regulation, classify specific devices
as being mechanical,
13 electrical or electronic. All
mechanical, electrical or
14 electronic devices shall be of a type
approved by the
15 department, which shall appoint stations
for calibrating and
16 testing the devices [and may prescribe
regulations as to the
17 manner in which calibrations and tests
shall be made]. All
18 devices, including LIDAR laser devices
and electronic speed
19 meters or radar, must have been tested
for accuracy within a
20 period of one year prior to the
alleged violation in accordance
21 with specifications prescribed by the
National Highway Traffic
22 Safety Administration (NHTSA). All
electronic devices, such as
23 LIDAR laser devices, and electronic
speed devices, such as speed
24 meters or radar, approved for use in
this Commonwealth, must
25 appear on the International
Association of Chiefs of Police
26 consumer products list, in conjunction
with
27 Traffic Safety Administration (NHTSA)
standards. The
28 certification and calibration of
electronic devices under
29 subsection (c)(3) shall also include
the certification and
30 calibration of all equipment, timing
strips and other devices
20070S0296B0824 -
5 -
1 which are actually used with the
particular electronic device
2 being certified and calibrated. [The
devices shall have been
3 tested for accuracy within a period of
60 days prior to the
4 alleged violation.] A certificate from
the station showing that
5 the calibration and test were made
within the required period,
6 and that the device was accurate,
shall be competent and prima
7 facie evidence of those facts in every
proceeding in which a
8 violation of this title is charged.
9
(e) Distance
requirements for use of mechanical, electrical
10 and electronic devices.--[Mechanical]
11
(1) Except
as provided in paragraph (2), mechanical,
12
electrical or electronic devices may not be used to time the
13
rate of speed of vehicles within 500 feet after a speed limit
14
sign indicating a decrease of speed. This limitation on the
15 use of speed timing devices shall
not apply to speed limit
16
signs indicating school zones, bridge and elevated structure
17
speed limits, hazardous grade speed limits and work zone
19
(2) Whenever
radio-microwave speed timing devices or
20
infrared laser light devices are used by a local or regional
21
police officer of a political subdivision authorized under
22 subsection (c), the police officer
must locate the vehicle
23 with the radio-microwave
speed timing device or infrared
24
laser light device in a location that is not intentionally
25
concealed from the motoring public.
26
(f) Local
ordinance required to enforce.--
27
(1) Prior
to use of radio-microwave speed timing devices
28
or infrared laser light devices used for speed timing by
29
local or regional police officers of political subdivisions
30
authorized under subsection (c), the appropriate governing
20070S0296B0824 -
6 -
1
body must adopt an ordinance authorizing the local or
2
regional police department to employ such devices on roads
3
within the boundaries of the governing body where a required
4
engineering and traffic study has been conducted and in
5
accordance with section 6109(a)(11) to address
citizen
6
complaints or demonstrable traffic safety concerns, such as
7 high crash rates or fatalities.
8
(2) During
the initial 90 days of speed enforcement by a
9
local or regional police department of a political
10
subdivision authorized under subsection (c) using radio-
11
microwave speed timing devices or infrared laser light
12
devices, persons may only be sanctioned for violations with a
14
(g) Excess
revenues.--The primary use of radar or LIDAR by
15 local or regional police officers of
political subdivisions
16 authorized under
subsection (c) is for traffic safety purposes.
17 Each local or regional police
department that uses radar or
18 LIDAR shall report annually to the
Pennsylvania State Police the
19 municipal revenue generated from speed
enforcement citations on
20 such forms as may be prescribed by the
21 Police. In the event the municipal
share of revenue generated
22 from speed enforcement citations
exceeds 5% of the total
23 municipal budget or 5% of the regional
police department budget,
24 all sums in excess thereof shall be
remitted to the
25 State Police to be used for traffic
safety purposes.
26
Section 3. Section 6109(a)(11) of Title 75 is amended to
28 § 6109. Specific powers of
department and local authorities.
29
(a) Enumeration
of police powers.--The provisions of this
30 title shall not be deemed to prevent
the department on State-
20070S0296B0824 -
7 -
1 designated highways and local
authorities on streets or highways
2 within their physical boundaries from
the reasonable exercise of
3 their police powers. The following are
presumed to be reasonable
6
(11)
Enforcement of speed restrictions authorized under
7
Subchapter F of Chapter 33[, except that] in accordance with
9 (i) Except as set forth
in subparagraph (ii), speed
10
restrictions may be enforced by [local police] full-time
11
police officers employed by the full-service police
12 department of a political
subdivision or regional police
13 department on a limited access
or divided highway only if
14
[it] this title authorizes such enforcement and the
15 highway is patrolled by the
local or regional police
16
force under the terms of an agreement with the
18 (ii) If this title authorizes speed
restrictions to
19
be enforced by a police department of a city of the first
20 class, they may be enforced on
limited access or divided
21 highways within the police department's
jurisdiction. An
22 agreement with the Pennsylvania
State Police is not
23 necessary under this subparagraph.
25
Section 4. This act shall take
effect in 120 days.
A12L75DMS/20070S0296B0824 -
8 -