THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, D. COSTA, DEASY, MUSTIO, SOLOBAY, BRENNAN, BRIGGS, CLYMER, DeLUCA, MAHONEY, SIPTROTH, WALKO AND MURT, MAY 13, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 13, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, authorizing the limited use of radar by certain

local police officers who meet certain qualifications.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3368(c) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3368.  Speed timing devices.

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(c)  Mechanical, electrical and electronic devices

authorized.--

(1)  Except as otherwise provided in this section, the

rate of speed of any vehicle may be timed on any highway by a

police officer using a mechanical or electrical speed timing

device.

(2)  Except as otherwise provided in [paragraph (3)]

paragraphs (3) and (3.1), electronic devices such as radio-

microwave devices [(], commonly referred to as electronic

speed meters or radar[)], may be used only by members of the

Pennsylvania State Police.

(3)  Electronic devices which calculate speed by

measuring elapsed time between measured road surface points

by using two sensors and devices which measure and calculate

the average speed of a vehicle between any two points may be

used by any police officer.

(3.1)  Electronic devices such as radio-microwave

devices, commonly referred to as electronic speed meters or

radar, may be used by full-time local police officers, in

counties of the second class only in school zones, who have

satisfactorily completed the requirements of 53 Pa.C.S. Ch.

21 Subch. D (relating to municipal police education and

training) and who have been trained in the use of radar in a

program approved by the Commissioner of the Pennsylvania

State Police. The Commissioner of the Pennsylvania State

Police shall submit an annual report to the General Assembly

concerning the effects of this paragraph.

(4)  No person may be convicted upon evidence obtained

through the use of devices authorized by paragraphs (2) [and

(3)], (3) and (3.1) unless the speed recorded is six or more

miles per hour in excess of the legal speed limit.

Furthermore, no person may be convicted upon evidence

obtained through the use of devices authorized by paragraph

(3) in an area where the legal speed limit is less than 55

miles per hour if the speed recorded is less than ten miles

per hour in excess of the legal speed limit. This paragraph

shall not apply to evidence obtained through the use of

devices authorized by paragraph (2) or (3) within a school

zone or an active work zone.

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Section 2.  This act shall take effect in 60 days.