Trial Engrossment of Amendment A00484 to House Bill 0606 P.N. 0941, Regular Session 2021-2022

A00484

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,

FEBRUARY 24, 2021

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 16, 2021

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for speed timing devices and for pilot program for automated

speed enforcement system on designated highway.

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.--

(1) Except as otherwise provided in this section, the

rate of speed of any vehicle may be timed on any highway by a

police officer using a mechanical or electrical speed timing

device.

(2) Except as otherwise provided in paragraph (3),

electronic devices such as radio-microwave devices, commonly

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.

(3) Electronic devices which calculate speed by

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.

(4) No person may be convicted upon evidence obtained

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

(5) Light detection and ranging devices, commonly

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:

(1) A member of the Pennsylvania State Police or a local

law enforcement officer using a speed enforcement device.

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(2) A MEMBER OF THE PENNSYLVANIA STATE POLICE USING A

RADAR SPEED-MEASURING DEVICE WHILE IN MOTION.

(2) (3) An automated speed enforcement system using an

electronic ranging device.

(3) (4) Any police officer using a speed timing device.

(5) A POLICE OFFICER OF THE DELAWARE RIVER PORT

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).

(c.2) Speed enforcement device restrictions.--Speed

enforcement devices authorized under subsection (c.1) shall be

subject to the following restrictions:

(1) No person may be convicted upon evidence obtained

through the use of a speed enforcement device or a

speedometer as permitted under subsection (a) unless the

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

legal speed limit.

(2) No person may be convicted upon evidence obtained

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.

(3) Paragraphs (1) and (2) shall not apply to evidence

obtained through the use of a speed enforcement device within

a school zone or an active work zone.

(4) A speed enforcement device may not be used to time

the rate of speed of vehicles within 500 feet after a speed

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limit sign indicating a decrease of speed. This limitation on

the use of a speed enforcement device shall not apply to a

speed limit sign indicating a school zone, bridge and

elevated structure speed limit, hazardous grade speed limit

and work zone speed limit.

(5) An electronic ranging device may only be used by a

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.

(6) A local law enforcement officer may not use an

electronic ranging device unless the individual has completed

the required training course under subsection (g).

(7) A local law enforcement officer may not use an

electronic ranging device within the boundaries of a

municipality that has not installed official traffic-control

devices as required under subsection (h).

(8) A local law enforcement officer may not use an

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]

(1) Speed enforcement 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

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shall be made. [The certification and calibration of

electronic devices under subsection (c)(3) shall also include

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.]

(2) Speed enforcement devices shall be calibrated and

tested every 365 days at a minimum before being used as

authorized by this section.

(3) A certificate from the station showing that the

calibration and test were made within the required period and

that the device was accurate shall be competent and prima

facie evidence of those facts in every proceeding in which a

violation of this title is charged.

(4) A certificate of accuracy may be completed, signed

and submitted electronically by the certifying technician on

a form provided by the department.

(5) The department may promulgate regulations for the

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

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) Section 204(b) of the act of October 15, 1980

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(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

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

known as the Regulatory Review Act.

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

shall not apply to speed limit signs indicating school zones,

bridge and elevated structure speed limits, hazardous grade

speed limits and work zone speed limits.

(f) LIDAR testing and calibration.--

(1) The department may, upon publication in the

Pennsylvania Bulletin, provide that LIDAR speed measuring

devices and LIDAR systems shall be calibrated and tested

using the testing procedures in department regulation.

(2) LIDAR speed measuring devices and LIDAR systems

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.

(3) The certification that the LIDAR device and system,

as applicable, have been tested and found to be accurate

shall create a presumption that the requirements of this

subsection have been fulfilled.

(4) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

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paragraph unless the context clearly indicates otherwise:

"LIDAR." The technology of measuring target range using

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

complete an electronic ranging device training course approved

by the Pennsylvania State Police and the Municipal Police

Officer's Education and Training Commission prior to using an

electronic ranging device.

(h) Official traffic-control devices.--In accordance with

department regulations, not less than four official traffic-

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

the use of electronic ranging devices within the boundaries of

the municipality.

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(j) Initial period.--During the initial 90 days of speed

enforcement using electronic ranging devices in a municipality

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

sanctioned for violations with a written warning.

(k) Revenue limit.--

(1) The municipal share of revenue generated from the

use of an electronic ranging device in a calendar year may

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

(2) All revenue collected in excess of the limitation in

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

device by a local law enforcement officer shall be for purposes

of traffic safety.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Electronic ranging device." Any of the following:

(1) LIDAR speed-measuring device.

(2) LIDAR system.

(3) RADAR speed-measuring device.

"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.

"Local law enforcement officer." An employee of a local

police department who is empowered to enforce 18 Pa.C.S.

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(relating to crimes and offenses) and this title. The term does

not include a Pennsylvania State Police officer, constable,

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:

(1) is authorized by one or more municipalities;

(2) provides patrol and investigative services; and

(3) reports its activities monthly to the Pennsylvania

State Police in accordance with the Uniform Crime Reporting

System.

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

used from a stationary point that determines target range and

speed based on radio microwaves reflected off a target.

"Speed enforcement device." Any of the following:

(1) Electronic ranging device.

(2) Speed timing device.

" 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.

Section 2. Section 3370(a)(2) of Title 75 is amended to

read:

§ 3370. Pilot program for automated speed enforcement system on

designated highway.

(a) General rule.--A pilot program is established to provide

for an automated speed enforcement system on the designated

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highway.

* * *

(2) This section shall only be applicable in a city of

the first class in areas agreed upon by the system

administrator and the Secretary of Transportation using the

automated speed enforcement system on:

(i) U.S. Route 1 (Roosevelt Boulevard) between Ninth

Street and the Philadelphia County line shared with Bucks

County.

(ii) Henry Avenue between Hunting Park Avenue and

Port Royal Avenue.

* * *

Section 3. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The amendment of 75 Pa.C.S. § 3370(a)(2) shall take

effect in 60 days.

(3) The remainder of this act shall take effect in 180

days.

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