PRINTER'S NO. 1665
No. 1399 Session of 1977
INTRODUCED BY CIMINI AND REED, JUNE 23, 1977
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 23, 1977
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the use of electronic speed
3 timing devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3368 of Title 75, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 3368. Speed timing devices.
10 (a) Speedometers authorized.--The rate of speed of any
11 vehicle may be timed on any highway by a police officer using a
12 motor vehicle equipped with a speedometer. In ascertaining the
13 speed of a vehicle by the use of a speedometer, the speed shall
14 be timed for a distance of not less than three-tenths of a mile.
15 (b) Testing of speedometers.--The department may appoint
16 stations for testing speedometers and may prescribe regulations
17 as to the manner in which the test shall be made. Speedometers
18 shall have been tested for accuracy within a period of 60 days
19 prior to the alleged violation. A certificate from the station
1 showing that the test was made, the date of the test and the
2 degree of accuracy of the speedometer shall be competent and
3 prima facie evidence of those facts in every proceeding in which
4 a violation of this title is charged.
5 (c) Mechanical, electrical and electronic devices
6 authorized.--
7 (1) The rate of speed of any vehicle may be timed on any
8 highway by a police officer using a mechanical or electrical
9 speed timing device.
10 (2) Electronic devices such as radio-microwave devices
11 (commonly referred to as electronic speed meters or radar)
12 may be used [only] by members of the Pennsylvania State
13 Police and by members of municipal police forces comprised of
14 ten or less officers employed by a municipality. No
15 electronic device shall be used by a municipal police officer
16 until such time as the officer has successfully completed a
17 training course in the use of such electronic device as
18 prescribed by the Commissioner of the Pennsylvania State
19 Police and has been certified as a qualified operator of said
20 electronic device by the commissioner. No person may be
21 convicted upon evidence obtained through the use of such
22 devices unless the speed recorded is six or more miles per
23 hour in excess of the legal speed limit.
24 (d) Approval and testing of mechanical, electrical and
25 electronic devices.--All mechanical, electrical or electronic
26 devices shall be of a type approved by the department, which
27 shall appoint stations for calibrating and testing the devices
28 and may prescribe regulations as to the manner in which
29 calibrations and tests shall be made. The devices shall have
30 been tested for accuracy within a period of 60 days prior to the
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1 alleged violation. A certificate from the station showing that
2 the calibration and test were made within the required period,
3 and that the device was accurate, shall be competent and prima
4 facie evidence of those facts in every proceeding in which a
5 violation of this title is charged.
6 Section 2. This act shall take effect in 60 days.
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