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                                                      PRINTER'S NO. 2736

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1964 Session of 2007


        INTRODUCED BY READSHAW, BRENNAN, CLYMER, HARPER, HERSHEY, KOTIK,
           MUSTIO, PASHINSKI, SOLOBAY, WALKO AND WOJNAROSKI,
           OCTOBER 24, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 24, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, authorizing the limited use of radar by certain
     3     local police officers who meet certain qualifications.

     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     paragraphs (3) and (3.1), electronic devices such as radio-
    18     microwave devices (commonly referred to as electronic speed

     1     meters or radar) may be used only by members of the
     2     Pennsylvania State Police.
     3         (3)  Electronic devices which calculate speed by
     4     measuring elapsed time between measured road surface points
     5     by using two sensors and devices which measure and calculate
     6     the average speed of a vehicle between any two points may be
     7     used by any police officer.
     8         (3.1)  Electronic devices such as radio-microwave
     9     devices, commonly referred to as electronic speed meters or
    10     radar, may be used by full-time local police officers in
    11     counties of the second class only in school zones who have
    12     satisfactorily completed the requirements of 53 Pa.C.S. Ch.
    13     21 Subch. D (relating to municipal police education and
    14     training) and who have been trained in the use of radar in a
    15     program approved by the Commissioner of the Pennsylvania
    16     State Police. The Commissioner of the Pennsylvania State
    17     Police shall submit an annual report to the General Assembly
    18     concerning the effects of this paragraph.
    19         (4)  No person may be convicted upon evidence obtained
    20     through the use of devices authorized by paragraphs (2) [and
    21     (3)], (3) and (3.1) unless the speed recorded is six or more
    22     miles per hour in excess of the legal speed limit.
    23     Furthermore, no person may be convicted upon evidence
    24     obtained through the use of devices authorized by paragraph
    25     (3) in an area where the legal speed limit is less than 55
    26     miles per hour if the speed recorded is less than ten miles
    27     per hour in excess of the legal speed limit. This paragraph
    28     shall not apply to evidence obtained through the use of
    29     devices authorized by paragraph (2) or (3) within a school
    30     zone or an active work zone.
    20070H1964B2736                  - 2 -     

     1     * * *
     2     Section 2.  This act shall take effect in 60 days.



















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