PRINTER'S NO. 271
No. 248 Session of 1975
INTRODUCED BY MEBUS AND ZEARFOSS, FEBRUARY 4, 1975
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 1975
AN ACT
1 Amending the act of April 29, 1959 (P.L.58, No.32), entitled "An
2 act consolidating and revising the Vehicle Code, the Tractor
3 Code, the Motor Vehicle Financial Responsibility Act and
4 other acts relating to the ownership, possession and use of
5 vehicles and tractors," further providing for the timing of
6 rate of speed by radar.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Clause (1) of subsection (d.1) of section 1002,
10 act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
11 Code," added April 28, 1961 (P.L.108, No.48), is amended to
12 read:
13 Section 1002. Restrictions as to Speed.--
14 * * *
15 (d.1) (1) The rate of speed of any vehicle may be timed on
16 any [State] highway, including the Pennsylvania Turnpike System,
17 by officers of the Pennsylvania State Police and the rate of
18 speed of any vehicle may be timed on any highway, excluding the
19 Pennsylvania Turnpike System, limited access highways and free
20 access divided highways, except where such facilities are
1 patrolled by local police agencies under the terms of an
2 agreement with the Pennsylvania State Police, by members of a
3 police force which has at least ten full-time members through
4 the use of radiomicrowaves, commonly referred to as electronic
5 speed meters or radar: Provided, That no such radar apparatus
6 shall be used by such an officer to determine the rate of speed
7 of motor vehicles until such time as the officer has
8 successfully completed a training course in the use of such
9 radar apparatus as prescribed by the Commissioner of the
10 Pennsylvania State Police and has been certified as a qualified
11 operator of said radar apparatus by the commissioner.
12 No conviction shall be had upon evidence obtained through the
13 use of radar apparatus unless--
14 (i) it is of a type approved by the secretary, and
15 (ii) it has been calibrated and tested for accuracy and found
16 accurate or adjusted for accuracy within a period of thirty days
17 prior to the alleged violation, and
18 (iii) official warning signs have been erected on the highway
19 by the proper authority indicating that radar is in operation,
20 and
21 (iv) the speed recorded is six or more miles per hour in
22 excess of the legal speed limit, and
23 (v) such radar apparatus either new or replacement put into
24 use by any police department after the effective date of this
25 subsection shall be of the type that provides a print-out,
26 however, radar apparatus currently in use need not meet this
27 requirment.
28 * * *
29 Penalty.--Any person violating any of the provisions of this
30 section shall, upon summary conviction before a magistrate, be
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1 sentenced to pay a fine of ten dollars ($10.00) and costs of
2 prosecution, and, in default of the payment thereof, shall
3 undergo imprisonment for not more than five (5) days.
4 Section 2. This act shall take effect immediately.
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