PRINTER'S NO. 670

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 601 Session of 1975


        INTRODUCED BY LEHR, M. E. MILLER JR., REED, SCHMITT AND RITTER,
           FEBRUARY 26, 1975

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 3, 1975

                                     AN ACT

     1  Amending the act of April 29, 1959 (P.L.58, No.32), entitled "An
     2     act consolidating and revising the Vehicle Code, the Tractor
     3     Code, the Motor Vehicle Financial Responsibility Act and
     4     other acts relating to the ownership, possession and use of
     5     vehicles and tractors," authorizing certain police to
     6     determine the rate of speed by radar.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Clause (1) of subsection (d.1) of section 1002,
    10  act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
    11  Code," added April 28, 1961 (P.L.108, No.48), is amended to
    12  read:
    13     Section 1002.  Restrictions as to Speed.--
    14     * * *
    15     (d.1)  (1)  The rate of speed of any vehicle may be timed on
    16  any State highway, including the Pennsylvania Turnpike System by
    17  a member of a police department comprised of thirty (30) or more
    18  officers in a city of the third class, by officers of the
    19  Pennsylvania State Police through the use of radiomicrowaves,
    20  commonly referred to as electronic speed meters or radar.

     1     No conviction shall be had upon evidence obtained through the
     2  use of radar apparatus unless--
     3     (i)  it is of a type approved by the secretary, and
     4     (ii)  it has been calibrated and tested for accuracy and
     5  found accurate or adjusted for accuracy within a period of
     6  thirty days prior to the alleged violation, and
     7     (iii)  official warning signs have been erected on the
     8  highway by the proper authority indicating that radar is in
     9  operation;
    10     (iv)  the speed recorded is six or more miles per hour in
    11  excess of the legal speed limit.
    12     * * *
    13     Penalty.--Any person violating any of the provisions of this
    14  section shall, upon summary conviction before a magistrate, be
    15  sentenced to pay a fine of ten dollars ($10.00) and costs of
    16  prosecution, and, in default of the payment thereof, shall
    17  undergo imprisonment for not more than five (5) days.
    18     Section 2.  This act shall take effect in 60 days.








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