S0535B1973A10090 MSP:EJH 09/23/16 #90 A10090
AMENDMENTS TO SENATE BILL NO. 535
Sponsor: SENATOR VULAKOVICH
Printer's No. 1973
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in licensing of drivers, further providing for schedule of
convictions and points; and,
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Section 1535(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 1535. Schedule of convictions and points.
* * *
(d) [Exception] Exceptions.--
(1) This section does not apply to a person who was
operating a pedalcycle or an animal drawn vehicle.
(2) If a speeding offense under section 3362 (relating
to maximum speed limits) is charged as a result of use of a
device authorized by section 3368(c)(2) (relating to speed
timing devices), no points shall be assigned under subsection
(a) unless the speed recorded is 10 or more miles per hour in
excess of the legal speed limit.
* * *
Section 2. Section 3368(c) and (d) of Title 75 are amended
and the section is amended by adding subsections to read:
Amend Bill, page 2, line 6, by striking out the period after
"COMMISSION" and inserting
if official warning signs indicating the use of the
devices are erected within 500 feet of the border of the
political subdivision on the main arteries entering that
political subdivision.
Amend Bill, page 2, line 23, by striking out all of said line
and inserting
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--
(1) The department may, by regulation, classify specific
devices as being mechanical, electrical or electronic.
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(2) All mechanical, electrical or electronic devices
shall be of a type approved by the department, which shall
appoint stations for calibrating and testing the devices [and
may prescribe regulations as to the manner in which
calibrations and tests shall be made].
(3) All devices, including LIDAR laser devices and
electronic speed meters or radars must be tested for accuracy
within a period of one year prior to the alleged violation in
accordance with specifications prescribed by the National
Highway Traffic Safety Administration.
(4) All electronic devices, such as LIDAR laser devices,
and electronic speed devices, such as speed meters or radars,
approved for use in this Commonwealth, must appear on the
consumer products list, in conjunction with National Highway
Traffic Safety Administration standards.
(5) The certification and calibration of electronic
devices under subsection (c)(3) shall also include the
certification and calibration of all equipment, timing strips
and other devices which are actually used with the particular
electronic device being certified and calibrated.
(6) Electronic devices commonly referred to as
electronic speed meters or radar shall have been tested for
accuracy within a period of one year prior to the alleged
violation. Other devices shall have been tested for accuracy
within a period of 60 days prior to the alleged violation.
(7) A certificate from the station showing that the
calibration and test were made within the required period and
that the device was accurate shall be competent and prima
facie evidence of those facts in every proceeding in which a
violation of this title is charged.
* * *
(f) Local ordinance required to enforce.--
(1) Prior to use of radio-microwave speed timing devices
or infrared laser light devices used for speed timing by
local or regional police officers, the political subdivision
or political subdivisions of a regional police department
shall adopt an ordinance authorizing the local or regional
police department to employ such devices on roads within the
boundaries of the political subdivision or political
subdivisions.
(2) During the initial 90 days of speed enforcement by a
local or regional police department of a political
subdivision using radio-microwave speed timing devices or
infrared laser light devices, persons may only be sanctioned
for violations with a written warning.
(g) Excess revenues.--
(1) The primary use of radar or LIDAR by local or
regional police officers of political subdivisions authorized
under subsection (c) is for traffic safety purposes.
(2) Each local or regional police department that uses
radar or LIDAR shall report annually to the Department of
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Revenue the municipal revenue generated from speed
enforcement citations on forms as may be prescribed by the
Department of Revenue.
(3) If the municipal share of revenue generated from
speed enforcement citations by radar or LIDAR exceeds 20% of
the total municipal budget or 20% of the municipal budget of
each municipality within a regional police department, the
excess sum shall be remitted to the Department of Revenue for
deposit into the General Fund to be appropriated by the
General Assembly to be used for traffic safety purposes.
Amend Bill, page 2, line 24, by striking out "2" and
inserting
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