PRIOR PRINTER'S NO. 569

PRINTER'S NO. 941

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

606

Session of

2021

INTRODUCED BY ROTHMAN, SCHLEGEL CULVER, HICKERNELL, SANCHEZ,

STAATS, FREEMAN, SMITH, B. MILLER, MIZGORSKI, MERCURI,

MENTZER, GUENST, CONKLIN, WHEELAND, CAUSER AND CIRESI,

for speed timing devices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3368(c), (d), (e) and (f) of Title 75 of

the Pennsylvania Consolidated Statues are amended and the

section is amended by adding subsections to read:

§ 3368. Speed timing devices.

* * *

[(c) Mechanical, electrical and electronic devices

authorized.--

referred to as electronic speed meters or radar, may be used

only as part of an automated speed enforcement system or by

members of the Pennsylvania State Police.

measuring elapsed time between measured road surface points

by using two sensors and devices which measure and calculate

the average speed of a vehicle between any two points may be

used by any police officer.

through the use of devices authorized by paragraphs (2) and

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.

referred to as LIDAR, may be used only as part of an

automated speed enforcement system or by members of the

Pennsylvania State Police.]

(c.1) Speed enforcement devices authorized.--Subject to the

restrictions contained in subsection (c.2), the rate of speed of

a vehicle may be timed on a highway by:

electronic ranging device.

AUTHORITY OR THE DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION

ON A HIGHWAY UNDER THE JURISDICTION OF THE DELAWARE RIVER

PORT AUTHORITY OR THE DELAWARE RIVER JOINT TOLL BRIDGE

COMMISSION MAY USE AN ELECTRONIC RANGING DEVICE FROM A

STATIONARY POINT UPON COMPLETION OF A TRAINING COURSE UNDER

SUBSECTION (G).

speed recorded is six or more miles per hour in excess of the

legal speed limit.

through the use of a speed timing device in an area where the

legal speed limit is less than 55 miles per hour if the speed

recorded is less than 10 miles per hour in excess of the

legal speed limit.

obtained through the use of a speed enforcement device within

a school zone or an active work zone.

speed limit sign indicating a school zone, bridge and

elevated structure speed limit, hazardous grade speed limit

and work zone speed limit.

local law enforcement officer FROM A STATIONARY POINT located

within, or directly adjacent to, a clearly marked law

enforcement vehicle in a location that is readily visible to

the motoring public.

electronic ranging device unless the individual has completed

electronic ranging device within the boundaries of a

municipality that has not adopted a local ordinance as

required under subsection (i).

(d) Classification, approval and testing of [mechanical,

electrical and electronic] speed enforcement devices.--[The

department may, by regulation, classify specific devices as

being mechanical, electrical or electronic. All mechanical,

electrical or electronic]

approved by the department, which shall appoint stations for

the certification and calibration of all equipment, timing

strips and other devices which are actually used with the

particular electronic device being certified and calibrated.

Electronic devices commonly referred to as electronic speed

meters or radar shall have been tested for accuracy within a

period of one year prior to the alleged violation. Other

devices shall have been tested for accuracy within a period

of 60 days prior to the alleged violation.]

tested every 365 days at a minimum before being used as

and submitted electronically by the certifying technician on

a form provided by the department.

certification and the use of speed enforcement devices. In

order to facilitate the prompt implementation of this

subsection, the department may promulgate temporary

regulations, which shall not be subject to:

(i) Sections 201, 202, 203, 204 and 205 of the act

(iii) The act of June 25, 1982 (P.L.633, No.181),

Any temporary regulations adopted under this paragraph shall

expire after three years, or upon promulgation of final

regulations for this subsection, whichever is sooner.

[(e) Distance requirements for use of mechanical, electrical

and electronic devices.--Mechanical, electrical or electronic

devices may not be used to time the rate of speed of vehicles

within 500 feet after a speed limit sign indicating a decrease

of speed. This limitation on the use of speed timing devices

devices and LIDAR systems shall be calibrated and tested

using the testing procedures in department regulation.

shall be calibrated and tested every 365 days at a minimum

before being utilized by the Pennsylvania State Police or as

part of an automated speed enforcement system.

as applicable, have been tested and found to be accurate

shall create a presumption that the requirements of this

subsection have been fulfilled.

reflected light to determine target range and speed from the

time-of-flight of laser pulses.

"LIDAR speed-measuring device." Speed-measuring equipment

that determines target range and speed based on the time-of-

flight of laser light pulses reflected off a target.

"LIDAR system." A LIDAR speed-measuring device that

incorporates additional equipment that is used to gather,

process and record images, as applicable, to be used as part of

speed enforcement efforts.]

(g) Training required.--A local law enforcement officer must

control devices, including advanced warning signs indicating the

use of electronic ranging devices, shall be erected within 500

feet of the border of a municipality on not less than four

highways entering the municipality prior to a local law

enforcement officer using an electronic ranging device within

the municipality's boundaries.

(i) Local ordinance required.--Prior to the use of an

electronic ranging device by a local law enforcement officer in

a municipality, the municipality or each municipality of a

regional police department must adopt an ordinance authorizing

by a local law enforcement officer, an individual may only be

sanctioned for violations with a written warning.

(k) Revenue limit.--

use of an electronic ranging device in a calendar year may

not exceed 10% of the municipality's budget for that year.

paragraph (1) shall be remitted to the department for deposit

in the Motor License Fund.

(l) Primary use.--The primary use of an electronic ranging

"LIDAR speed-measuring device." Speed-measuring equipment

that determines target range and speed based on the time-of-

flight of laser light pulses reflected off a target.

"LIDAR system." A LIDAR speed-measuring device other than an

automated speed enforcement system that incorporates additional

equipment used to gather, process and record images, as

applicable, for speed enforcement efforts.

sheriff or a deputy, fire police, transit police, airport

police, park ranger, university or college police, game warden,

fish commission officer or railroad police.

" Local police department." A municipal or regional police

department that:

State Police in accordance with the Uniform Crime Reporting

System.

" Speed timing device." A device or system that calculates

speed by measuring elapsed time between measured road surface

points by using two sensors or a device, including a stopwatch,

that measures and calculates the average speed of a vehicle

between two points.

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