PRINTER'S NO. 1563

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 1135 Session of 2007

        INTRODUCED BY RAFFERTY, LOGAN, ORIE, ARMSTRONG, WASHINGTON,
           GREENLEAF, COSTA, PUNT, FONTANA, ERICKSON, WOZNIAK, WAUGH,
           FERLO, BRUBAKER, MUSTO, M. WHITE, C. WILLIAMS, EARLL,
           DINNIMAN, BAKER, FOLMER AND WONDERLING, NOVEMBER 19, 2007

        REFERRED TO TRANSPORTATION, NOVEMBER 19, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for tests of certain electronic
     3     devices.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3368(d) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3368.  Speed timing devices.
     9     * * *
    10     (d)  Classification, approval and testing of mechanical,
    11  electrical and electronic devices.--The department may, by
    12  regulation, classify specific devices as being mechanical,
    13  electrical or electronic. All mechanical, electrical or
    14  electronic devices shall be of a type approved by the
    15  department, which shall appoint stations for calibrating and
    16  testing the devices and may prescribe regulations as to the
    17  manner in which calibrations and tests shall be made. The

     1  certification and calibration of electronic devices under
     2  subsection (c)(3) shall also include the certification and
     3  calibration of all equipment, timing strips and other devices
     4  which are actually used with the particular electronic device
     5  being certified and calibrated. [The] Electronic devices
     6  commonly referred to as electronic speed meters or radar shall
     7  have been tested within a period of one year prior to the
     8  alleged violation. Other devices shall have been tested for
     9  accuracy within a period of 60 days prior to the alleged
    10  violation. A certificate from the station showing that the
    11  calibration and test were made within the required period[,] and
    12  that the device was accurate[,] shall be competent and prima
    13  facie evidence of those facts in every proceeding in which a
    14  violation of this title is charged.
    15     * * *
    16     Section 2.  This act shall take effect in 60 days.










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