AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for speed timing devices.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 3368(d) of Title 75 of the Pennsylvania
6Consolidated Statutes is amended and the section is amended by
7adding a subsection to read:

8§ 3368. Speed timing devices.

9* * *

10(d) Classification, approval and testing of mechanical,
11electrical and electronic devices.--The department may, by
12regulation, classify specific devices as being mechanical,
13electrical or electronic. All mechanical, electrical or
14electronic devices shall be of a type approved by the
15department, which shall appoint stations for calibrating and
16testing the devices and may prescribe regulations as to the
17manner in which calibrations and tests shall be made. The
18certification and calibration of electronic devices under

1subsection (c)(3) shall also include the certification and
2calibration of all equipment, timing strips and other devices
3which are actually used with the particular electronic device
4being certified and calibrated. Electronic devices commonly
5referred to as electronic speed meters or radar shall have been
6tested for accuracy within a period of one year prior to the
7alleged violation. [Other] Except as provided under subsection 
8(d.1), other devices shall have been tested for accuracy within
9a period of [60 days] 180 days prior to the alleged violation. A
10certificate from the station showing that the calibration and
11test were made within the required period and that the device
12was accurate shall be competent and prima facie evidence of
13those facts in every proceeding in which a violation of this
14title is charged.

15(d.1) Deemed tested.--A mechanical, electrical or electronic
16device, other than an electronic devices commonly referred to as
17electronic speed meter or radar, that has been tested for
18accuracy within 60 days prior to the effective date of this
19subsection, shall be deemed tested for a period not to exceed
20180 days from the date of the testing. Thereafter, the devices
21shall be tested in accordance with subsection (d).

22* * *

23Section 2. This act shall take effect in 180 days.