PRINTER'S NO. 458
No. 418 Session of 1989
INTRODUCED BY HERMAN, McHALE, NAHILL, STABACK, DIETTERICK,
COLAFELLA, J. L. WRIGHT, JOHNSON, GIGLIOTTI, DEMPSEY, SEMMEL,
CLYMER, HERSHEY, SAURMAN, SCHEETZ, MICOZZIE, CORRIGAN,
LANGTRY, CORNELL, E. Z. TAYLOR, FLEAGLE, McVERRY AND VROON,
FEBRUARY 13, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 13, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the use of certain electronic
3 speed timing devices by qualified police officers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3368(c) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3368. Speed timing devices.
9 * * *
10 (c) Mechanical, electrical and electronic devices
11 authorized.--
12 (1) Except as otherwise provided in this section, the
13 rate of speed of any vehicle may be timed on any highway by a
14 police officer using a mechanical or electrical speed timing
15 device.
16 (2) Except as otherwise provided in paragraph (3),
17 electronic devices such as radio-microwave devices (commonly
1 referred to as electronic speed meters or radar) may be used
2 only by members of the Pennsylvania State Police and by
3 members of local police departments who have been certified
4 by the Pennsylvania State Police as qualified to operate
5 radio-microwave devices after completion of an appropriate
6 training course mandated by department regulation.
7 (3) Electronic devices which calculate speed by
8 measuring elapsed time between measured road surface points
9 by using two sensors and devices which measure and calculate
10 the average speed of a vehicle between any two points may be
11 used by any police officer.
12 (4) No person may be convicted upon evidence obtained
13 through the use of devices authorized by paragraphs (2) and
14 (3) unless the speed recorded is six or more miles per hour
15 in excess of the legal speed limit. Furthermore, no person
16 may be convicted upon evidence obtained through the use of
17 devices authorized by paragraph (3) in an area where the
18 legal speed limit is less than 55 miles per hour if the speed
19 recorded is less than ten miles per hour in excess of the
20 legal speed limit. This paragraph shall not apply to evidence
21 obtained through the use of devices authorized by paragraph
22 (3) within a school zone.
23 * * *
24 Section 2. This act shall take effect in 60 days.
A18L75RZ/19890H0418B0458 - 2 -