S0607B0675A03858 DMS:CMD 11/15/19 #90 A03858
AMENDMENTS TO SENATE BILL NO. 607
Sponsor: REPRESENTATIVE ROTHMAN
Printer's No. 675
Amend Bill, page 1, lines 6 through 17; pages 2 through 4,
lines 1 through 30; page 5, lines 1 through 12; by striking out
all of said lines on said pages and inserting
Section 1. Section 3368(c), (d), (e) and (f) of Title 75 of
the Pennsylvania Consolidated Statues 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),
electronic devices such as radio-microwave devices, commonly
referred to as electronic speed meters or radar, may be used
only as part of an automated speed enforcement system or 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.
(4) No person may be convicted upon evidence obtained
through the use of devices authorized by paragraphs (2) 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. 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.
(5) Light detection and ranging devices, commonly
referred to as LIDAR, may be used only as part of an
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automated speed enforcement system or by members of the
Pennsylvania State Police.]
(c.1) Speed enforcement devices authorized.--Subject to the
restrictions contained in subsection (c.2), the rate of speed of
a vehicle may be timed on a highway by:
(1) A member of the Pennsylvania State Police or a local
law enforcement officer using a speed enforcement device.
(2) An automated speed enforcement system using an
electronic ranging device.
(3) Any police officer using a speed timing device.
(c.2) Speed enforcement device restrictions.--Speed
enforcement devices authorized under subsection (c.1) shall be
subject to the following restrictions:
(1) No person may be convicted upon evidence obtained
through the use of a speed enforcement device or a
speedometer as permitted under subsection (a) unless the
speed recorded is six or more miles per hour in excess of the
legal speed limit.
(2) No person may be convicted upon evidence obtained
through the use of a speed timing device in an area where the
legal speed limit is less than 55 miles per hour if the speed
recorded is less than 10 miles per hour in excess of the
legal speed limit.
(3) Paragraphs (1) and (2) shall not apply to evidence
obtained through the use of a speed enforcement device within
a school zone or an active work zone.
(4) A speed enforcement device may not be used to time
the rate of speed of vehicles within 500 feet after a speed
limit sign indicating a decrease of speed. This limitation on
the use of a speed enforcement device shall not apply to a
speed limit sign indicating a school zone, bridge and
elevated structure speed limit, hazardous grade speed limit
and work zone speed limit.
(5) An electronic ranging device may only be used by a
local law enforcement officer from a clearly marked vehicle
in a location that is readily visible to the motoring public.
(6) A local law enforcement officer may not use an
electronic ranging device unless the individual has completed
the required training course under subsection (g).
(7) A local law enforcement officer may not use an
electronic ranging device within the boundaries of a
municipality that has not installed official traffic-control
devices as required under subsection (h).
(8) A local law enforcement officer may not use an
electronic ranging device within the boundaries of a
municipality that has not adopted a local ordinance as
required under subsection (i).
(d) Classification, approval and testing of [mechanical,
electrical and electronic] speed enforcement devices.--[The
department may, by regulation, classify specific devices as
being mechanical, electrical or electronic. All mechanical,
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electrical or electronic]
(1) Speed enforcement 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. [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.
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.]
(2) Speed enforcement devices shall be calibrated and
tested every 365 days at a minimum before being used as
authorized by this section.
(3) 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.
(4) A certificate of accuracy may be completed, signed
and submitted electronically by the certifying technician on
a form provided by the department.
(5) The department may promulgate regulations for the
certification and the use of speed enforcement devices. In
order to facilitate the prompt implementation of this
subsection, the department may promulgate temporary
regulations, which shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
Any temporary regulations adopted under this paragraph shall
expire after three years, or upon promulgation of final
regulations for this subsection, whichever is sooner.
[(e) Distance requirements for use of mechanical, electrical
and electronic devices.--Mechanical, electrical or electronic
devices may not be used to time the rate of speed of vehicles
within 500 feet after a speed limit sign indicating a decrease
of speed. This limitation on the use of speed timing devices
shall not apply to speed limit signs indicating school zones,
bridge and elevated structure speed limits, hazardous grade
speed limits and work zone speed limits.
(f) LIDAR testing and calibration.--
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(1) The department may, upon publication in the
Pennsylvania Bulletin, provide that LIDAR speed measuring
devices and LIDAR systems shall be calibrated and tested
using the testing procedures in department regulation.
(2) LIDAR speed measuring devices and LIDAR systems
shall be calibrated and tested every 365 days at a minimum
before being utilized by the Pennsylvania State Police or as
part of an automated speed enforcement system.
(3) The certification that the LIDAR device and system,
as applicable, have been tested and found to be accurate
shall create a presumption that the requirements of this
subsection have been fulfilled.
(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"LIDAR." The technology of measuring target range using
reflected light to determine target range and speed from the
time-of-flight of laser pulses.
"LIDAR speed-measuring device." Speed-measuring equipment
that determines target range and speed based on the time-of-
flight of laser light pulses reflected off a target.
"LIDAR system." A LIDAR speed-measuring device that
incorporates additional equipment that is used to gather,
process and record images, as applicable, to be used as part of
speed enforcement efforts.]
(g) Training required.--A local law enforcement officer must
complete an electronic ranging device training course approved
by the Pennsylvania State Police and the Municipal Police
Officer's Education and Training Commission prior to using an
electronic ranging device.
(h) Official traffic-control devices.--In accordance with
department regulations, official traffic-control devices,
including advanced warning signs indicating the use of
electronic ranging devices, shall be erected within 500 feet of
the border of a municipality on the main arteries entering the
subdivision prior to a local law enforcement officer using an
electronic ranging device within the municipality's boundaries.
(i) Local ordinance required.--Prior to the use of an
electronic ranging device by a local law enforcement officer in
a municipality, the municipality or each municipality of a
regional police department must adopt an ordinance authorizing
the use of electronic ranging devices within the boundaries of
the municipality.
(j) Initial period.--During the initial 90 days of speed
enforcement using electronic ranging devices in a municipality
by a local law enforcement officer, an individual may only be
sanctioned for violations with a written warning.
(k) Revenue limit.--
(1) The municipal share of revenue generated from the
use of an electronic ranging device in any year may not
exceed 10% of the municipality's budget for that year.
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(2) All revenue collected in excess of the limitation in
paragraph (1) shall be remitted to the department for deposit
in the Motor License Fund.
(l) Defense.--
(1) The primary use of an electronic ranging device by a
local law enforcement officer shall be for purposes of
traffic safety .
(2) It shall be a defense to a prosecution arising from
the use of an electronic ranging device in a municipality
that the primary use of the device is to generate revenue for
the municipality.
(m) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electronic ranging device." Any of the following:
(1) LIDAR speed-measuring device.
(2) LIDAR system.
(3) RADAR speed-measuring device.
"Full-service police department." A municipal or regional
police department that:
(1) is authorized by one or more municipalities;
(2) provides 24-hour-per-day patrol and investigative
services; and
(3) reports its activities monthly to the Pennsylvania
State Police in accordance with the Uniform Crime Reporting
System.
"LIDAR speed-measuring device." Speed-measuring equipment
that determines target range and speed based on the time-of-
flight of laser light pulses reflected off a target.
"LIDAR system." A LIDAR speed-measuring device other than an
automated speed enforcement system that incorporates additional
equipment used to gather, process and record images, as
applicable, for speed enforcement efforts.
"Local law enforcement officer." An employee of a full-
service police department who is empowered to enforce 18 Pa.C.S.
(relating to crimes and offenses) and this title. The term does
not include a Pennsylvania State Police officer, part-time or
auxiliary police, constables, sheriffs or their deputies, fire
police, transit police, airport police, park rangers, university
or college police, game wardens, fish commission officers or
railroad police or any employee of a police agency which does
not maintain continuous primary police coverage of its
jurisdiction 24 hours per day every day of the year.
"RADAR speed-measuring device." Speed-measuring equipment
used from a stationary point that determines target range and
speed based on radio microwaves reflected off a target.
"Speed enforcement device." Any of the following:
(1) Electronic ranging device.
(2) Speed timing device.
"Speed timing device." A device or system that calculates
speed by measuring elapsed time between measured road surface
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points by using two sensors or a device, including a stopwatch,
that measures and calculates the average speed of a vehicle
between two points.
Section 2. This act shall take effect in 180 days.
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See A03858 in
the context
of SB0607