PRINTER'S NO. 1576
No. 1373 Session of 1997
INTRODUCED BY FLICK, GIGLIOTTI, BATTISTO, E. Z. TAYLOR, TIGUE,
RUBLEY, STURLA, SATHER, FEESE, ZIMMERMAN, HENNESSEY, WAUGH,
HERSHEY, RAMOS, CURRY, MANDERINO, B. SMITH AND LYNCH,
APRIL 17, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 17, 1997
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 and the section is amended by
8 adding subsections to read:
9 § 3368. Speed timing devices.
10 * * *
11 (c) Mechanical, electrical and electronic devices
12 authorized.--
13 (1) Except as otherwise provided in this section, the
14 rate of speed of any vehicle may be timed on any highway by a
15 police officer using a mechanical or electrical speed timing
16 device.
17 (2) Except as otherwise provided in paragraph (3),
1 electronic devices such as radio-microwave devices (commonly
2 referred to as electronic speed meters or radar) may be used
3 [only] by members of the Pennsylvania State Police. Full-time
4 members of local police departments whose municipal governing
5 bodies have adopted ordinances in accordance with subsection
6 (f), who have satisfactorily completed the requirements of
7 the act of June 18, 1974 (P.L.359, No.120), referred to as
8 the Municipal Police Education and Training Law, and who have
9 been trained in the use of radio-microwave devices in a
10 program approved by the Pennsylvania State Police may use
11 radio-microwave speed timing devices on municipal roads in
12 their jurisdiction.
13 (3) Electronic devices which calculate speed by
14 measuring elapsed time between measured road surface points
15 by using two sensors and devices which measure and calculate
16 the average speed of a vehicle between any two points may be
17 used by any police officer.
18 (4) No person may be convicted upon evidence obtained
19 through the use of devices authorized by paragraphs (2) and
20 (3) unless the speed recorded is six or more miles per hour
21 in excess of the legal speed limit. Furthermore, no person
22 may be convicted upon evidence obtained through the use of
23 devices authorized by paragraph (3) in an area where the
24 legal speed limit is less than 55 miles per hour if the speed
25 recorded is less than ten miles per hour in excess of the
26 legal speed limit. This paragraph shall not apply to evidence
27 obtained through the use of devices authorized by paragraph
28 (3) within a school zone.
29 * * *
30 (f) Local referendum prerequisite to local use of radio-
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1 microwave speed timing devices.--No municipal governing body
2 shall adopt any ordinance authorizing the municipal police
3 officers to use radio-microwave speed timing devices on roads
4 under the jurisdiction of the municipality until that municipal
5 governing body obtains the approval of the electors of that
6 municipality in a public referendum conducted at a primary,
7 general or municipal election conducted at least 60 days prior
8 to the adoption of the proposed ordinance.
9 (g) Defense.--The primary use of radar or any other speed
10 timing device by police officers is for purposes of traffic
11 safety. It shall be a defense to prosecution under this section
12 or any section related to any speed timing device if it can be
13 demonstrated that the primary use of such device is to generate
14 revenue.
15 Section 2. This act shall take effect in 60 days.
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