PRINTER'S NO. 2812
No. 2156 Session of 1988
INTRODUCED BY NAHILL, HOWLETT, BUNT AND SAURMAN, FEBRUARY 8,
1988
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 1988
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, prohibiting the use of certain devices to detect
3 radio microwaves from speed detection devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6116. Prohibition on use of radar detection devices.
9 (a) General rule.--It shall be unlawful for any person to
10 operate a motor vehicle upon the highways of this Commonwealth
11 and use any device or mechanism to detect the emission of radio
12 microwaves in the electromagnetic spectrum, which microwaves are
13 employed by police officers to measure the speed of motor
14 vehicles upon the highways of this Commonwealth for law
15 enforcement purposes. The provisions of this subsection shall
16 not apply to any receiver of radio waves utilized for lawful
17 purposes to receive any signal from a frequency lawfully
18 licensed by any State or Federal agency.
1 (b) Presumption.--Except as provided under subsection (c),
2 the presence of any such prohibited device or mechanism in or
3 upon a motor vehicle upon the highways of this Commonwealth
4 shall constitute prima facie evidence of the violation of this
5 section. The Commonwealth need not prove that the device in
6 question was in an operative condition or being operated.
7 (c) Lack of power.--No person shall be guilty of a violation
8 of this section when the device or mechanism in question, at the
9 time of the alleged offense, had no power source and was not
10 readily accessible for use by the driver or any passenger in the
11 vehicle.
12 (d) Exclusions.--This section shall not apply to motor
13 vehicles owned by the Commonwealth or any political subdivision
14 thereof and which are used by the police of any such government
15 nor to law enforcement officers in their official duties.
16 (e) Penalty.--A person who violates this section commits a
17 summary offense and shall, upon conviction, be sentenced to pay
18 a fine of $100 and have the radar detection device confiscated.
19 Section 2. This act shall take effect in 60 days.
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