HOUSE AMENDED
PRIOR PRINTER'S NOS. 251, 1003, 1062, PRINTER'S NO. 1149
1073
No. 245 Session of 1995
INTRODUCED BY BELL, ARMSTRONG, BAKER, CORMAN, DELP, HOLL,
LaVALLE, STAPLETON AND STOUT, JANUARY 23, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 23, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, increasing the maximum speed limit on certain
3 interstate and other highways.; and further providing for the <--
4 use of speed timing devices.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 102 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "Interstate highway." A freeway on the Dwight D. Eisenhower
1 System of Interstate and Defense Highways.
2 * * *
3 Section 2. Sections 3362, 3363 and 3368(c) AND 3363 of Title <--
4 75 are amended to read:
5 § 3362. Maximum speed limits.
6 (a) General rule.--Except when a special hazard exists that
7 requires lower speed for compliance with section 3361 (relating
8 to driving vehicle at safe speed), the limits specified in this
9 [subsection] section or established under this subchapter shall
10 be maximum lawful speeds and no person shall drive a vehicle at
11 a speed in excess of the following maximum limits:
12 (1) 35 miles per hour in any urban district.
13 (1.1) 65 miles per hour FOR ALL VEHICLES EXCEPT TRUCKS <--
14 HAVING A REGISTERED GROSS WEIGHT OF MORE THAN 9,000 POUNDS:
15 (i) on interstate highways outside of urbanized
16 areas of population of 50,000 or more; and
17 (ii) on other freeways where the department has
18 posted a 65-miles-per-hour speed limit in accordance with
19 the provisions of 23 U.S.C. (relating to highways).
20 (2) 55 miles per hour in other locations.
21 (3) Any other maximum speed limit established under this
22 subchapter.
23 (b) Posting of speed limit.--
24 (1) No maximum speed limit established under subsection
25 (a)(1) or (3) shall be effective unless posted on fixed or
26 variable official traffic-control devices erected in
27 accordance with regulations adopted by the department which
28 regulations shall require posting at the beginning and end of
29 each speed zone and at intervals not greater than one-half
30 mile.
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1 (2) No maximum speed limit established under subsection
2 (a)(1.1) shall be effective unless posted on fixed or
3 variable official traffic-control devices erected after each
4 interchange on the portion of highway on which the speed
5 limit is in effect and wherever else the department shall
6 determine.
7 (c) Report required.--When a speed limit in excess of 55 <--
8 miles per hour is established on an interstate highway, the
9 department shall report to the Transportation Committee of the
10 Senate and the Transportation Committee of the House of
11 Representatives on the effect of the increased speed limit. The
12 report shall be submitted a reasonable time after the increased
13 speed limit has been in effect for at least one year. The report
14 shall include an in-depth evaluation, with statistical and other
15 relevant data, of the enforcement of the increased speed limit
16 and the incidents of accidents and deaths as a result of the
17 increased speed limit.
18 [(c)] (d) Penalty.-- <--
19 (1) Any person violating this section is guilty of a
20 summary offense and shall, upon conviction, be sentenced to
21 pay a fine of [$35.]:
22 (i) $40, plus a surcharge of $10 payable to the <--
23 State Treasurer for deposit into the Emergency Medical
24 Services Operating Fund, $50 $42.50 for violating a <--
25 maximum speed limit of 65 miles per hour; or
26 (ii) $35 for violating any other maximum speed
27 limit.
28 (2) Any person exceeding the maximum speed limit by more
29 than five miles per hour shall pay an additional fine of $2
30 per mile for each mile in excess of five miles per hour over
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1 the maximum speed limit.
2 § 3363. Alteration of maximum limits.
3 The department or local authorities on highways under their
4 respective jurisdictions, upon the basis of an engineering and
5 traffic investigation, may determine that the maximum speed
6 permitted under this subchapter is greater or less than is
7 reasonable and safe under the conditions found to exist upon any
8 such highway or part thereof and establish a reasonable and safe
9 maximum limit. The maximum speed limit may be made effective at
10 all times or at times indicated and may vary for different
11 weather conditions and other factors bearing on safe speeds. No
12 maximum speed greater than 55 miles per hour shall be
13 established under this section except on interstate highways <--
14 outside of urbanized areas of population of 50,000 or more
15 HIGHWAYS LISTED IN SECTION 3362(A)(1.1) (RELATING TO MAXIMUM <--
16 SPEED LIMITS), where the maximum speed FOR ALL VEHICLES EXCEPT <--
17 TRUCKS HAVING A REGISTERED GROSS WEIGHT OF MORE THAN 9,000
18 POUNDS shall not be greater than 65 miles per hour.
19 § 3368. Speed timing devices. <--
20 * * *
21 (c) Mechanical, electrical and electronic devices
22 authorized.--
23 (1) Except as otherwise provided in this section, the
24 rate of speed of any vehicle may be timed on any highway by a
25 police officer using a mechanical or electrical speed timing
26 device.
27 (2) Except as otherwise provided in paragraph (3),
28 electronic devices such as radio-microwave devices (commonly
29 referred to as electronic speed meters or radar) may be used
30 only by members of the Pennsylvania State Police.
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1 (3) Electronic devices which calculate speed by
2 measuring elapsed time between measured road surface points
3 by using two sensors and devices which measure and calculate
4 the average speed of a vehicle between any two points may be
5 used by any police officer.
6 (4) No person may be convicted upon evidence obtained
7 through the use of devices authorized by paragraphs (2) and
8 (3) unless the speed recorded is [six] four or more miles per
9 hour in excess of the legal speed limit. Furthermore, no
10 person may be convicted upon evidence obtained through the
11 use of devices authorized by paragraph (3) in an area where
12 the legal speed limit is less than 55 miles per hour if the
13 speed recorded is less than ten miles per hour in excess of
14 the legal speed limit. This paragraph shall not apply to
15 evidence obtained through the use of devices authorized by
16 paragraph (3) within a school zone.
17 * * *
18 Section 3. Section 6110(a) of Title 75 is amended and the
19 section is amended by adding a subsection to read:
20 § 6110. Regulation of traffic on Pennsylvania Turnpike.
21 (a) General rule.--The provisions of this title apply upon
22 any turnpike or highway under the supervision and control of the
23 Pennsylvania Turnpike Commission unless specifically modified by
24 rules and regulations promulgated by the commission which shall
25 become effective only upon publication in accordance with law. A
26 copy of the rules and regulations, so long as they are
27 effective, shall be posted at all entrances to the turnpike or
28 highway for the inspection of persons using the turnpike or
29 highway. This section does not authorize the establishment of a
30 maximum speed limit greater than 55 miles per hour[.], except
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1 that a 65-miles-per-hour maximum speed limit shall FOR ALL <--
2 VEHICLES EXCEPT TRUCKS HAVING A REGISTERED GROSS WEIGHT OF MORE <--
3 THAN 9,000 POUNDS MAY be established:
4 (1) on interstate highways outside of urbanized areas of
5 population of 50,000 or more; and
6 (2) on other freeways where the commission has posted a
7 65-miles-per-hour speed limit in accordance with the
8 provisions of 23 United States Code (relating to highways).
9 (a.1) Posting.--No maximum speed limit established under
10 subsection (a)(1) or (2) shall be effective unless posted on
11 fixed or variable official traffic-control devices erected after
12 each interchange on the portion of highway on which the speed
13 limit is in effect and wherever else the commission shall
14 determine.
15 * * *
16 SECTION 4. THE DESIGNATION OF A SPEED LIMIT IN EXCESS OF 55 <--
17 MILES PER HOUR AUTHORIZED UPON ANY INTERSTATE HIGHWAY OR
18 TURNPIKE SHALL REQUIRE THE DEPARTMENT OF TRANSPORTATION AND THE
19 PENNSYLVANIA TURNPIKE COMMISSION TO ISSUE A REPORT TO THE
20 TRANSPORTATION COMMITTEE OF THE SENATE AND THE TRANSPORTATION
21 COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE EFFECT OF THE
22 INCREASED SPEED LIMIT. THE REPORT SHALL BE SUBMITTED WITHIN A
23 REASONABLE TIME AFTER THE INCREASED SPEED LIMIT HAS BEEN IN
24 EFFECT FOR AT LEAST ONE YEAR.
25 Section 4 5. This act shall take effect in 90 30 days. <--
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