PRINTER'S NO. 3620
No. 2690 Session of 1978
INTRODUCED BY LEHR, REED, J. L. WRIGHT JR., KERNICK, DAVIES,
HOEFFEL, COWELL, DORR, WILSON, FREIND, CIMINI, MEBUS,
O'KEEFE, WEIDNER, WENGER, ANDERSON, ZORD, BURNS, MILLIRON,
GREENLEAF, FISHER, DOYLE, SALVATORE, E. Z. TAYLOR, ZWIKL,
GATSKI, RUGGIERO, COLE AND KNEPPER, SEPTEMBER 11, 1978
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 11, 1978
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes,
3 providing for the disposition of certain fines, penalties and
4 forfeitures and providing for the use of electronic speed
5 timing devices by municipal police.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection (b) of section 3571 of Title 42, act
9 of November 25, 1970 (P.L.707, No.230), known as the
10 Pennsylvania Consolidated Statutes, added April 28, 1978
11 (No.53), is amended to read:
12 § 3571. Commonwealth portion of fines, etc.
13 * * *
14 (b) Vehicle offenses.--
15 (1) All fines forfeited, recognizances and other
16 forfeitures imposed, lost or forfeited in connection with
17 matters arising under 75 Pa.C.S. § 3368(c) (relating to
18 mechanical electrical and electronic devices authorized) and
1 Chapter 77 of Title 75 (relating to snowmobiles) shall be
2 payable to the Commonwealth.
3 (2) When prosecution under any other provision of Title
4 75 (relating to vehicles) is the result of State Police
5 action, all fines forfeited, recognizances and other
6 forfeitures imposed, lost or forfeited shall be payable to
7 the Commonwealth, for credit to the Motor License Fund. One-
8 half of the revenue shall be paid to municipalities in the
9 same ratio provided in section 4 of the act of June 1, 1956
10 (P.L.1944, No.655), relating to partial allocation of liquid
11 fuels and fuel use tax proceeds.
12 (3) When prosecution under any other provision of Title
13 75 is the result of local police action, one-half of all
14 fines forfeited, recognizances and other forfeitures imposed,
15 lost or forfeited shall be payable to the Commonwealth, for
16 credit to the Motor License Fund.
17 * * *
18 Section 2. Subsection (c) of section 3368 of Title 75 is
19 amended to read:
20 § 3368. Speed timing devices.
21 * * *
22 (c) Mechanical, electrical and electronic devices
23 authorized.--
24 (1) The rate of speed of any vehicle may be timed on any
25 highway by a police officer using a mechanical or electrical
26 speed timing device.
27 (2) Electronic devices such as radio-microwave devices
28 (commonly referred to as electronic speed meters or radar)
29 may be used [only] by members of the Pennsylvania State
30 Police and by members of municipal police forces comprised of
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1 five or more full-time officers employed by a municipality.
2 No electronic device shall be used by a municipal police
3 officer until such time as the officer has successfully
4 completed a training course on the use of such electronic
5 device as prescribed by the Commissioner of the Pennsylvania
6 State Police and has been certified as a qualified operator
7 of such electronic device by the commissioner. Qualified
8 operators of eligible municipal police forces may time the
9 rate of speed of any vehicle using electronic devices on any
10 highway excluding the Pennsylvania Turnpike System, limited
11 access highway and local-access divided highway, except where
12 such facilities are patrolled by municipal police forces
13 under the terms of an agreement with the Pennsylvania State
14 Police. All electronic speed timing devices purchased for use
15 by a municipal police force shall be of a type that provides
16 a print-out. No person may be convicted upon evidence
17 obtained through the use of such devices unless the speed
18 recorded is six or more miles per hour in excess of the legal
19 speed limit.
20 * * *
21 Section 3. This act shall take effect in 60 days.
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