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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, BROWNE, BRUBAKER, EICHELBERGER, WAUGH, ALLOWAY, BREWSTER, MENSCH AND ERICKSON, FEBRUARY 14, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in licensing of drivers, further providing for |
3 | schedule of convictions and points; in rules of the road in |
4 | general, further providing for speed timing devices; and |
5 | further providing for State and local powers. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1535(d) of Title 75 of the Pennsylvania |
9 | Consolidated Statutes is amended to read: |
10 | § 1535. Schedule of convictions and points. |
11 | * * * |
12 | (d) [Exception] Exceptions.-- |
13 | (1) This section does not apply to a person who was |
14 | operating a pedalcycle or an animal drawn vehicle. |
15 | (2) If a speeding offense under section 3362 (relating |
16 | to maximum speed limits) is charged as a result of use of a |
17 | device authorized by section 3368(c)(2)(ii) (relating to |
18 | speed timing devices), no points shall be assigned under |
19 | subsection (a) unless the speed recorded is ten or more miles |
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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 | police officers employed by the full-service police |
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1 | department of a political subdivision or regional police |
2 | department situate in a county of the first class, second |
3 | class, second class A or third class if official warning |
4 | signs indicating the use of these devices are erected |
5 | within 500 feet of the border of the political |
6 | subdivision on the main arteries entering that political |
7 | subdivision. |
8 | (3) Electronic devices which calculate speed by |
9 | measuring elapsed time between measured road surface points |
10 | by using two sensors and devices which measure and calculate |
11 | the average speed of a vehicle between any two points may be |
12 | used by any police officer. |
13 | (4) No person may be convicted upon evidence obtained |
14 | through the use of devices authorized by paragraphs (2) and |
15 | (3) unless the speed recorded is six or more miles per hour |
16 | in excess of the legal speed limit. Furthermore, no person |
17 | may be convicted upon evidence obtained through the use of |
18 | devices authorized by subparagraph (2)(ii) or paragraph (3) |
19 | in an area where the legal speed limit is less than 55 miles |
20 | per hour if the speed recorded is less than ten miles per |
21 | hour in excess of the legal speed limit. This paragraph shall |
22 | not apply to evidence obtained through the use of devices |
23 | authorized by paragraph (2) or (3) within a school zone or an |
24 | active work zone. |
25 | (5) As used in this subsection, the following words and |
26 | phrases shall have the meanings given to them in this |
27 | paragraph: |
28 | "Full-service police department." A local or regional |
29 | police department which: |
30 | (i) is authorized by one or more political |
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1 | subdivisions; |
2 | (ii) provides 24-hour-a-day patrol and investigative |
3 | services; and |
4 | (iii) reports its activities monthly to the |
5 | Pennsylvania State Police in accordance with the Uniform |
6 | Crime Reporting System. |
7 | "Full-time police officer." An employee of a political |
8 | subdivision or regional police department who complies with |
9 | all of the following: |
10 | (i) Is certified under 53 Pa.C.S. Ch. 21 Subch. D |
11 | (relating to municipal police education and training). |
12 | (ii) Is empowered to enforce 18 Pa.C.S. (relating to |
13 | crimes and offenses) and this title. |
14 | (iii) Is a regular full-time police officer under |
15 | the act of June 15, 1951 (P.L.586, No.144), entitled "An |
16 | act regulating the suspension, removal, furloughing and |
17 | reinstatement of police officers in boroughs and |
18 | townships of the first class having police forces of less |
19 | than three members, and in townships of the second |
20 | class," or works a minimum of 200 days a year. |
21 | (iv) Is provided coverage by a police pension plan |
22 | under: |
23 | (A) the act of May 24, 1893 (P.L.129, No.82), |
24 | entitled "An act to empower boroughs and cities to |
25 | establish a police pension fund, to take property in |
26 | trust therefor and regulating and providing for the |
27 | regulation of the same"; |
28 | (B) the act of June 23, 1931 (P.L.932, No.317), |
29 | known as The Third Class City Code; |
30 | (C) the act of May 22, 1935 (P.L.233, No.99), |
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1 | referred to as the Second Class City Policemen Relief |
2 | Law; |
3 | (D) the act of May 29, 1956 (1955 P.L.1804, No. |
4 | 600), referred to as the Municipal Police Pension |
5 | Law; or |
6 | (E) the act of July 15, 1957 (P.L.901, No.399), |
7 | known as the Optional Third Class City Charter Law. |
8 | The term does not include auxiliary, part-time or fire |
9 | police. |
10 | (d) Classification, approval and testing of mechanical, |
11 | electrical and electronic devices.-- |
12 | (1) The department may, by regulation, classify specific |
13 | devices as being mechanical, electrical or electronic. |
14 | (2) All mechanical, electrical or electronic devices |
15 | shall be of a type approved by the department, which shall |
16 | appoint stations for calibrating and testing the devices [and |
17 | may prescribe regulations as to the manner in which |
18 | calibrations and tests shall be made]. |
19 | (3) All devices, including LIDAR laser devices and |
20 | electronic speed meters or radar, must have been tested for |
21 | accuracy within a period of one year prior to the alleged |
22 | violation in accordance with specifications prescribed by the |
23 | National Highway Traffic Safety Administration (NHTSA). |
24 | (4) All electronic devices, such as LIDAR laser devices, |
25 | and electronic speed devices, such as speed meters or radar, |
26 | approved for use in this Commonwealth, must appear on the |
27 | International Association of Chiefs of Police consumer |
28 | products list, in conjunction with National Highway Traffic |
29 | Safety Administration (NHTSA) standards. |
30 | (5) The certification and calibration of electronic |
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1 | devices under subsection (c)(3) shall also include the |
2 | certification and calibration of all equipment, timing strips |
3 | and other devices which are actually used with the particular |
4 | electronic device being certified and calibrated. |
5 | (6) Electronic devices commonly referred to as |
6 | electronic speed meters or radar shall have been tested for |
7 | accuracy within a period of one year prior to the alleged |
8 | violation. [Other devices shall have been tested for accuracy |
9 | within a period of 60 days prior to the alleged violation.] |
10 | (7) A certificate from the station showing that the |
11 | calibration and test were made within the required period and |
12 | 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 |
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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.-- |
21 | (1) The primary use of radar or LIDAR by local or |
22 | regional police officers of political subdivisions authorized |
23 | under subsection (c) is for traffic safety purposes. |
24 | (2) Each local or regional police department that uses |
25 | radar or LIDAR shall report annually to the Pennsylvania |
26 | State Police the municipal revenue generated from speed |
27 | enforcement citations on such forms as may be prescribed by |
28 | the Pennsylvania State Police. |
29 | (3) In the event the municipal share of revenue |
30 | generated from speed enforcement citations exceeds 5% of the |
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1 | total municipal budget or 5% of the regional police |
2 | department budget, all sums in excess thereof shall be |
3 | remitted to the Pennsylvania State Police to be used for |
4 | traffic safety purposes. |
5 | Section 3. Section 6109(a)(11) of Title 75 is amended to |
6 | read: |
7 | § 6109. Specific powers of department and local authorities. |
8 | (a) Enumeration of police powers.--The provisions of this |
9 | title shall not be deemed to prevent the department on State- |
10 | designated highways and local authorities on streets or highways |
11 | within their physical boundaries from the reasonable exercise of |
12 | their police powers. The following are presumed to be reasonable |
13 | exercises of police power: |
14 | * * * |
15 | (11) Enforcement of speed restrictions authorized under |
16 | Subchapter F of Chapter 33[, except that] in accordance with |
17 | the following: |
18 | (i) Except as set forth in subparagraph (ii), speed |
19 | restrictions may be enforced by [local police] full-time |
20 | police officers employed by the full-service police |
21 | department of a political subdivision or regional police |
22 | department on a limited access or divided highway only if |
23 | [it] this title authorizes such enforcement and the |
24 | highway is patrolled by the local or regional police |
25 | force under the terms of an agreement with the |
26 | Pennsylvania State Police. |
27 | (ii) If this title authorizes speed restrictions to |
28 | be enforced by a police department of a city of the first |
29 | class, they may be enforced on limited access or divided |
30 | highways within the police department's jurisdiction. |
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1 | (iii) An agreement with the Pennsylvania State |
2 | Police shall not be required under this subparagraph. |
3 | * * * |
4 | Section 4. This act shall take effect in 120 days. |
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