PRIOR PRINTER'S NO. 1206 PRINTER'S NO. 1964
No. 1050 Session of 2005
INTRODUCED BY LEH, GEIST, SCAVELLO, ARMSTRONG, BALDWIN, BARRAR,
BASTIAN, BELARDI, BENNINGHOFF, BOYD, CAPPELLI, CAUSER,
CLYMER, CORNELL, CORRIGAN, CRAHALLA, CREIGHTON, DALLY,
FABRIZIO, FLEAGLE, FLICK, FREEMAN, GABIG, GILLESPIE,
GINGRICH, HANNA, HARRIS, HERMAN, HERSHEY, HICKERNELL,
KAUFFMAN, W. KELLER, KOTIK, MACKERETH, MAJOR, MANDERINO,
McGILL, McILHATTAN, McILHINNEY, McNAUGHTON, R. MILLER, MUNDY,
MUSTIO, NAILOR, O'NEILL, PAYNE, PETRI, PYLE, QUIGLEY, REED,
REICHLEY, ROSS, RUBLEY, SATHER, SCHRODER, B. SMITH, SOLOBAY,
STEIL, R. STEVENSON, T. STEVENSON, STURLA, TANGRETTI,
E. Z. TAYLOR, TIGUE, TRUE, WALKO, WANSACZ, WATSON, WILT,
WRIGHT, YUDICHAK, ZUG, DALEY AND DENLINGER, MARCH 21, 2005
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 11, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for conviction and point
3 schedules; and providing for radar enforcement systems pilot
4 program.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1535(d) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1535. Schedule of convictions and points.
10 * * *
11 (d) [Exception] Exceptions.--
12 (1) This section does not apply to a person who was
13 operating a pedalcycle or an animal drawn vehicle.
1 (2) If a speeding offense under section 3362 (relating
2 to maximum speed limits) is charged as a result of use of a
3 device authorized by section 3368.1 (relating to radar
4 enforcement systems pilot program), no points shall be
5 assigned under subsection (a) if the speed recorded is less
6 than ten miles per hour in excess of the legally posted speed
7 limit.
8 * * *
9 Section 2. Title 75 is amended by adding a section to read:
10 § 3368.1. Radar enforcement systems pilot program.
11 (a) General rule.--
12 (1) A city of the first class, a city of the second
13 class, one third class city, one first class township, one
14 second class township, one borough and one regional police
15 force encompassing any combination of municipalities, upon
16 passage of an ordinance, section 3368(c)(2) (relating to
17 speed timing devices) notwithstanding, are authorized to
18 enforce section 3362 (relating to maximum speed limits) on
19 highways owned by the municipality using electronic devices
20 such as radio-microwave devices (commonly referred to as
21 electronic speed meters or radar).
22 (2) This section shall only be applicable in the
23 municipalities as selected by the Local Government Commission
24 and the Secretary of Transportation who shall consider
25 selection based upon applications submitted by the
26 municipalities prior to June 30, 2006, provided that the
27 municipalities meet the following requirements:
28 (i) Officers must complete a training course
29 approved by the Pennsylvania State Police and the
30 Municipal Police Officers' Education and Training
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1 Commission.
2 (ii) The municipalities chosen may only use full-
3 time police officers employed by the full-service police
4 department of a political subdivision or regional police
5 department.
6 (iii) Official warning signs indicating the use of
7 these devices are erected within 500 feet of the border
8 of the political subdivision on the main arteries
9 entering that political subdivision.
10 (b) Local ordinance required to enforce.--Prior to use of
11 radio-microwave speed timing devices or infrared laser light <--
12 devices used for speed timing by local or regional police
13 officers, the appropriate governing body must adopt an ordinance
14 authorizing the local or regional police department to employ
15 such devices on roads within the boundaries of the governing
16 body and in accordance with section 6109(a)(11) (relating to
17 specific powers of department and local authorities) to address
18 citizen complaints or demonstrable traffic safety concerns, such
19 as high crash rates or fatalities. The Local Government
20 Commission shall file an annual report with the chairman and the
21 minority chairman of the Transportation Committee of the Senate
22 and the chairman and minority chairman of the Transportation
23 Committee of the House of Representatives. The report at a
24 minimum shall include for the prior year:
25 (1) The number of violations and fines issued.
26 (2) A compilation of fines paid and outstanding.
27 (c) Penalty.--
28 (1) A fine is not authorized during the first 120 days
29 of operation of the automated system. During the time period
30 under this paragraph, a warning may be issued to the
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1 violator.
2 (2) A penalty imposed under this section shall not be
3 deemed a criminal conviction and shall not be made part of
4 the operating record under section 1535 (relating to schedule
5 of convictions and points) of the individual upon whom the
6 penalty is imposed, nor may the imposition of the penalty be
7 subject to merit rating for insurance purposes.
8 (3) No surcharge points may be imposed in the provision
9 of motor vehicle insurance coverage. Fines collected under
10 this section shall not be subject to 42 Pa.C.S. § 3571
11 (relating to Commonwealth portion of fines, etc.) or 3573
12 (relating to municipal corporation portion of fines, etc.).
13 (d) Department approval.--No enforcement using radar may be
14 used without the approval of the department, which shall have
15 the authority to promulgate regulations for the certification
16 and use of such systems.
17 (e) Revenue limitation.--The primary use of radar by local
18 or regional police officers is for traffic safety purposes. Each
19 local or regional police department that uses radar shall report
20 annually to the Pennsylvania State Police the municipal revenue
21 generated from speed enforcement citations on such forms as may
22 be prescribed by the Pennsylvania State Police. In the event the
23 municipal share of revenue generated from speed enforcement
24 citations exceeds 5% of the total municipal budget or 5% of the
25 regional police department budget, all sums in excess thereof
26 shall be remitted to the Pennsylvania State Police to be used
27 for traffic safety purposes.
28 (f) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Full-service police department." A local or regional police
2 department which:
3 (1) is authorized by one or more political subdivisions;
4 (2) provides 24-hour-a-day patrol and investigative
5 services; and
6 (3) reports its activities monthly to the Pennsylvania
7 State Police in accordance with the Uniform Crime Reporting
8 System.
9 "Full-time police officer." An employee of a political
10 subdivision or regional police department who complies with all
11 of the following:
12 (1) Is certified under 53 Pa.C.S. Ch. 21 Subch. D
13 (relating to municipal police education and training).
14 (2) Is empowered to enforce 18 Pa.C.S. (relating to
15 crimes and offenses) and this title.
16 (3) Is a regular full-time police officer under the act
17 of June 15, 1951 (P.L.586, No.144), entitled "An act
18 regulating the suspension, removal, furloughing and
19 reinstatement of police officers in boroughs and townships of
20 the first class having police forces of less than three
21 members, and in townships of the second class," or works a
22 minimum of 200 days a year.
23 (4) Is provided coverage by a police pension plan under:
24 (i) the act of May 24, 1893 (P.L.129, No.82),
25 entitled "An act to empower boroughs and cities to
26 establish a police pension fund, to take property in
27 trust therefor and regulating and providing for the
28 regulation of the same";
29 (ii) the act of June 23, 1931 (P.L.932, No.317),
30 known as The Third Class City Code;
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1 (iii) the act of May 22, 1935 (P.L.233, No.99),
2 referred to as the Second Class City Policemen Relief
3 Law;
4 (iv) the act of May 29, 1956 (1955 P.L.1804,
5 No.600), referred to as the Municipal Police Pension Law;
6 or
7 (v) the act of July 15, 1957 (P.L.901, No.399),
8 known as the Optional Third Class City Charter Law.
9 The term does not include auxiliary, part-time or fire
10 police.
11 (g) Expiration.--This section shall expire December 31,
12 2011.
13 Section 3. This act shall take effect in 120 days.
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