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PRIOR PRINTER'S NOS. 231, 300
PRINTER'S NO. 1316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
251
Session of
2017
INTRODUCED BY VULAKOVICH, ALLOWAY, AUMENT, BARTOLOTTA, BLAKE,
BREWSTER, COSTA, FONTANA, HAYWOOD, LEACH, MARTIN, MENSCH,
RAFFERTY, SCAVELLO, SCHWANK, STEFANO, WHITE, YUDICHAK, BAKER
AND DINNIMAN, JANUARY 27, 2017
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 13, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for speed timing devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3368(c) and (d) of Title 75 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
ยง 3368. Speed timing devices.
* * *
(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),
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electronic devices such as radio-microwave devices (commonly
referred to as electronic speed meters or radar) or infrared
laser light devices (commonly referred to as LIDAR) may be
used [only by members of the Pennsylvania State Police.] by
any police officer upon completion of a training course
approved by the Pennsylvania State Police and the Municipal
Police Officers' Education and Training Commission if
official warning signs indicating the use of the devices are
erected within 500 feet of the border of the political
subdivision on the main arteries entering that political
subdivision.
(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.
(4) No person may be convicted upon evidence obtained
through the use of devices authorized by paragraphs [(2)] (2)
(i) and (3) 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. Additionally, no person may be
convicted upon evidence obtained through the use of devices
authorized by paragraph (2)(ii) (2) 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)
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within a school zone or an active work zone.
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--
(1) The department may, by regulation, classify specific
devices as being mechanical, electrical or electronic.
(2) All mechanical, electrical or electronic devices
shall be of a type approved by the department, which shall
appoint stations for calibrating and testing the devices [and
may prescribe regulations as to the manner in which
calibrations and tests shall be made].
(3) All devices, including LIDAR laser devices and
electronic speed meters or radars, must be tested for
accuracy within a period of one year prior to the alleged
violation in accordance with specifications prescribed by the
National Highway Traffic Safety Administration.
(4) All electronic devices, such as LIDAR laser devices,
and electronic speed devices, such as speed meters or radars,
approved for use in this Commonwealth, must appear on the
conforming products list, in conjunction with National
Highway Traffic Safety Administration standards.
(5) The certification and calibration of electronic
devices under subsection (c)(3) shall also include the
certification and calibration of all equipment, timing strips
and other devices which are actually used with the particular
electronic device being certified and calibrated.
(6) Electronic devices commonly referred to as
electronic speed meters or radar shall have been tested for
accuracy within a period of one year prior to the alleged
violation. Other devices shall have been tested for accuracy
within a period of 60 days prior to the alleged violation.
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(7) A certificate from the station showing that the
calibration and test were made within the required period and
that the device was accurate shall be competent and prima
facie evidence of those facts in every proceeding in which a
violation of this title is charged.
* * *
(f) Local ordinance required to enforce.--
(1) Prior to use of radio-microwave speed timing devices
or infrared laser light devices used for speed timing by
local or regional police officers, the political subdivision
or political subdivisions of a regional police department
shall adopt an ordinance authorizing the local or regional
police department to employ such devices on roads within the
boundaries of the political subdivision or political
subdivisions.
(2) During the initial 90 days of speed enforcement by a
local or regional police department of a political
subdivision using radio-microwave speed timing devices or
infrared laser light devices, persons may only be sanctioned
for violations with a written warning.
(g) Excess revenues.--
(1) The primary use of radar or LIDAR by local or
regional police officers of political subdivisions authorized
under subsection (c) is for traffic safety purposes.
(2) Each local or regional police department that uses
radar or LIDAR shall report annually to the Department of
Revenue the municipal revenue generated from speed
enforcement citations on forms as may be prescribed by the
Department of Revenue.
(3) If the municipal share of revenue generated from
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speed enforcement citations by radar or LIDAR exceeds 20% of
the total municipal budget or 20% of the municipal budget of
each municipality within a regional police department, the
excess sum shall be remitted to the Department of Revenue ON
A FORM OR IN A MANNER PRESCRIBED BY THE DEPARTMENT OF REVENUE
ON OR BEFORE THE 60TH DAY FOLLOWING THE END OF THE
MUNICIPALITY'S FISCAL YEAR for deposit into the General Fund
to be appropriated by the General Assembly to be used for
traffic safety purposes.
Section 2. This act shall take effect in 120 days.
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