PRINTER'S NO. 1594
No. 1179 Session of 2007
INTRODUCED BY DINNIMAN, PUNT, WASHINGTON AND HUGHES, NOVEMBER 30, 2007
REFERRED TO TRANSPORTATION, NOVEMBER 30, 2007
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for conviction and point 3 schedules, for speed timing devices and for State and local 4 powers. 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. 14 (2) If a speeding offense under section 3362 (relating 15 to maximum speed limits) is charged as a result of use of a 16 device authorized by section 3368(c)(2)(ii) (relating to 17 speed timing devices), no points shall be assigned under 18 subsection (a) unless the speed recorded is ten or more miles
1 per hour in excess of the legal speed limit. 2 * * * 3 Section 2. Section 3368(a), (c), (d) and (e) of Title 75 are 4 amended and the section is amended by adding subsections to 5 read: 6 § 3368. Speed timing devices. 7 (a) Speedometers authorized.--The rate of speed of any 8 vehicle may be timed on any highway by a police officer using a 9 motor vehicle equipped with a speedometer, except as provided in 10 section 6109 (relating to specific powers of department and 11 local authorities). In ascertaining the speed of a vehicle by 12 the use of a speedometer, the speed shall be timed for a 13 distance of not less than three-tenths of a mile. 14 * * * 15 (c) Mechanical, electrical and electronic devices 16 authorized.-- 17 (1) Except as otherwise provided in this section and in 18 section 6109, the rate of speed of any vehicle may be timed 19 on any highway by a police officer using a mechanical or 20 electrical speed timing device. 21 (2) Except as otherwise provided in paragraph (3), 22 electronic devices such as radio-microwave devices (commonly 23 referred to as electronic speed meters or radar) or infrared 24 laser light devices (commonly referred to as LIDAR) may be 25 used [only by]: 26 (i) By members of the Pennsylvania State Police. 27 (ii) Upon completion of a training course approved 28 by the Pennsylvania State Police and the Municipal Police 29 Officers' Education and Training Commission, by full-time 30 or part-time police officers employed by the police 20070S1179B1594 - 2 -
1 department of a political subdivision or a regional 2 police department if official warning signs indicating 3 the use of these devices are erected within 500 feet of 4 the border of the political subdivision on the main 5 arteries entering that political subdivision. 6 (3) Electronic devices which calculate speed by 7 measuring elapsed time between measured road surface points 8 by using two sensors and devices which measure and calculate 9 the average speed of a vehicle between any two points may be 10 used by any police officer. 11 (4) No person may be convicted upon evidence obtained 12 through the use of devices authorized by paragraphs (2) and 13 (3) unless the speed recorded is six or more miles per hour 14 in excess of the legal speed limit. Furthermore, no person 15 may be convicted upon evidence obtained through the use of 16 devices authorized by paragraph (2)(ii) or (3) in an area 17 where the legal speed limit is less than 55 miles per hour if 18 the speed recorded is less than ten miles per hour in excess 19 of the legal speed limit. This paragraph shall not apply to 20 evidence obtained through the use of devices authorized by 21 paragraph (2) or (3) within a school zone or an active work 22 zone. 23 (5) As used in this subsection, the following words and 24 phrases shall have the meanings given to them in this 25 paragraph: 26 "Full-time or part-time police officer." An employee of 27 a police department or regional police department who 28 complies with all of the following: 29 (i) Is certified under 53 Pa.C.S. Ch. 21 Subch. D 30 (relating to municipal police education and training). 20070S1179B1594 - 3 -
1 (ii) Is empowered to enforce 18 Pa.C.S. (relating to 2 crimes and offenses) and this title. 3 The term does not include auxiliary or fire police. 4 "Police department." A public agency of a city, borough, 5 incorporated town or township having general police powers 6 and charged with making arrests in connection with the 7 enforcement of criminal or traffic laws and which reports its 8 activities monthly to the Pennsylvania State Police in 9 accordance with the Uniform Crime Reporting System. 10 "Regional police department." A police department which: 11 (i) is authorized by one or more political 12 subdivisions; and 13 (ii) reports its activities monthly to the 14 Pennsylvania State Police in accordance with the Uniform 15 Crime Reporting System. 16 (d) Classification, approval and testing of mechanical, 17 electrical and electronic devices.--The department may, by 18 regulation, classify specific devices as being mechanical, 19 electrical or electronic. All mechanical, electrical or 20 electronic devices shall be of a type approved by the 21 department, which shall appoint stations for calibrating and 22 testing the devices [and may prescribe regulations as to the 23 manner in which calibrations and tests shall be made]. All 24 devices, including LIDAR laser devices and electronic speed 25 meters or radar, must have been tested for accuracy within a 26 period of one year prior to the alleged violation in accordance 27 with specifications prescribed by the National Highway Traffic 28 Safety Administration (NHTSA). All electronic devices, such as 29 LIDAR laser devices, and electronic speed devices, such as speed 30 meters or radar, approved for use in this Commonwealth, must 20070S1179B1594 - 4 -
1 appear on the International Association of Chiefs of Police 2 consumer products list, in conjunction with National Highway 3 Traffic Safety Administration (NHTSA) standards. The 4 certification and calibration of electronic devices under 5 subsection (c)(3) shall also include the certification and 6 calibration of all equipment, timing strips and other devices 7 which are actually used with the particular electronic device 8 being certified and calibrated. [The devices shall have been 9 tested for accuracy within a period of 60 days prior to the 10 alleged violation.] A certificate from the station showing that 11 the calibration and test were made within the required period, 12 and that the device was accurate, shall be competent and prima 13 facie evidence of those facts in every proceeding in which a 14 violation of this title is charged. 15 (e) Distance requirements for use of mechanical, electrical 16 and electronic devices.--[Mechanical] 17 (1) Except as provided in paragraph (2), mechanical, 18 electrical or electronic devices may not be used to time the 19 rate of speed of vehicles within 500 feet after a speed limit 20 sign indicating a decrease of speed. This limitation on the 21 use of speed timing devices shall not apply to speed limit 22 signs indicating school zones, bridge and elevated structure 23 speed limits, hazardous grade speed limits and work zone 24 speed limits. 25 (2) Whenever radio-microwave speed timing devices or 26 infrared laser light devices are used by a local or regional 27 police officer of a political subdivision authorized under 28 subsection (c), the police officer must locate the vehicle 29 with the radio-microwave speed timing device or infrared 30 laser light device in a location that is not intentionally 20070S1179B1594 - 5 -
1 concealed from the motoring public. 2 (f) Local ordinance required to enforce.-- 3 (1) Prior to use of radio-microwave speed timing devices 4 or infrared laser light devices used for speed timing by 5 local or regional police officers of political subdivisions 6 authorized under subsection (c), the appropriate governing 7 body must adopt an ordinance authorizing the local or 8 regional police department to employ such devices on roads 9 within the boundaries of the governing body where a required 10 engineering and traffic study has been conducted and in 11 accordance with section 6109(a)(11) to address citizen 12 complaints or demonstrable traffic safety concerns, such as 13 high crash rates or fatalities. 14 (2) During the initial 90 days of speed enforcement by a 15 local or regional police department of a political 16 subdivision authorized under subsection (c) using radio- 17 microwave speed timing devices or infrared laser light 18 devices, persons may only be sanctioned for violations with a 19 written warning. 20 (g) Excess revenues.--The primary use of radar or LIDAR by 21 local or regional police officers of political subdivisions 22 authorized under subsection (c) is for traffic safety purposes. 23 Each local or regional police department that uses radar or 24 LIDAR shall report annually to the Pennsylvania State Police the 25 municipal revenue generated from speed enforcement citations on 26 such forms as may be prescribed by the Pennsylvania State 27 Police. In the event the municipal share of revenue generated 28 from speed enforcement citations exceeds 10% of the total 29 municipal budget or 10% of the regional police department 30 budget, all sums in excess thereof shall be remitted to the 20070S1179B1594 - 6 -
1 Commonwealth and deposited in the General Fund. 2 Section 3. Section 6109(a)(11) of Title 75 is amended to 3 read: 4 § 6109. Specific powers of department and local authorities. 5 (a) Enumeration of police powers.--The provisions of this 6 title shall not be deemed to prevent the department on State- 7 designated highways and local authorities on streets or highways 8 within their physical boundaries from the reasonable exercise of 9 their police powers. The following are presumed to be reasonable 10 exercises of police power: 11 * * * 12 (11) Enforcement of speed restrictions authorized under 13 Subchapter F of Chapter 33[, except that] in accordance with 14 the following: 15 (i) Except as set forth in subparagraph (ii), speed 16 restrictions may be enforced by [local police] full-time 17 or part-time police officers employed by the police 18 department of a political subdivision or regional police 19 department on a limited access or divided highway only if 20 [it] this title authorizes such enforcement and the 21 highway is patrolled by the local or regional police 22 force under the terms of an agreement with the 23 Pennsylvania State Police. 24 (ii) If this title authorizes speed restrictions to 25 be enforced by a police department of a city of the first 26 class, they may be enforced on limited access or divided 27 highways within the police department's jurisdiction. An 28 agreement with the Pennsylvania State Police is not 29 necessary under this subparagraph. 30 * * * 20070S1179B1594 - 7 -
1 Section 4. This act shall take effect in 120 days. K15L75MSP/20070S1179B1594 - 8 -