(4) No person may be convicted upon evidence obtained
through the use of devices authorized by paragraphs [(2)] (2)
(I) and (3) unless the speed recorded is six or more miles
per hour in excess of the legal speed limit. Furthermore, no
person may be convicted upon evidence obtained through the
use of devices authorized by paragraph (3) in an area where
the legal speed limit is less than 55 miles per hour if the
speed recorded is less than ten miles per hour in excess of
the legal speed limit. ADDITIONALLY, NO PERSON MAY BE
CONVICTED UPON EVIDENCE OBTAINED THROUGH THE USE OF DEVICES
AUTHORIZED BY PARAGRAPH (2)(II) IF THE SPEED RECORDED IS LESS
THAN TEN MILES PER HOUR IN EXCESS OF THE LEGAL SPEED LIMIT.
This paragraph shall not apply to evidence obtained through
the use of devices authorized by paragraph (2) or (3) within
a school zone or an active work zone.
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--
(1) The department may, by regulation, classify specific
devices as being mechanical, electrical or electronic.
(2) All mechanical, electrical or electronic devices
shall be of a type approved by the department, which shall
appoint stations for calibrating and testing the devices [and
may prescribe regulations as to the manner in which
calibrations and tests shall be made].
(3) All devices, including LIDAR laser devices and
electronic speed meters or radars must be tested for accuracy
within a period of one year prior to the alleged violation in
accordance with specifications prescribed by the National
Highway Traffic Safety Administration.
(4) All electronic devices, such as LIDAR laser devices,
20170SB0251PN0300 - 3 -
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