investigations) unless an engineering and traffic study has been
conducted within the last two years, and shall be available for
public inspection.
(e) Penalty.--A penalty imposed under section 3362 as a
result of use of an electronic device shall not be deemed a
criminal conviction and shall not be made part of the operating
record under section 1535 (relating to schedule of convictions
and points) of the individual upon whom the penalty is imposed,
nor may the imposition of the penalty be subject to merit rating
for insurance purposes.
(f) Classification, approval and testing of electronic
devices.--Electronic devices used under this section shall be
subject to the provisions of section 3368(d) and must be tested
for accuracy within a period of one year prior to the alleged
violation in accordance with specifications prescribed by
National Highway Safety Administration standards. All electronic
devices used under this section must appear on the conforming
products list, in conjunction with National Highway Safety
Administration standards.
(g) Local ordinance required to enforce.--Prior to employing
electronic devices in speed limit enforcement, the governing
body of the municipality must adopt an ordinance authorizing the
use of electronic devices by full-time police officers on
roadways under subsection (a) within the boundaries of the
municipality where speed limits have been posted according to
the results of the required engineering and traffic study and in
accordance with section 6109(a)(11) (relating to specific powers
of department and local authorities) to address citizen
complaints or demonstrable traffic safety concerns, such as high
crash rates or fatalities.
(h) Initial period.--During the initial 90 days of speed
enforcement using electronic devices, individuals may only be
sanctioned for violations with a written warning.
(i) Report.--Each municipality that adopts an ordinance
authorizing the use of electronic devices shall submit an annual
report to the Local Government Commission, which shall be
considered a public record under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law. The report shall
include the following for the prior year:
(1) The number of violations, written warnings and fines
issued under this section.
(2) A compilation of all fines paid and outstanding.
(3) The number of moving violations and fines issued
under other provisions of this title.
(j) Report by Local Government Commission.--Beginning with
the second full calendar year following the enactment of this
section, and in each calendar year thereafter, the Local
Government Commission shall submit a report to the chair and
minority chair of the Transportation Committee of the Senate and
the chair and minority chair of the Transportation Committee of
the House of Representatives. The report shall be considered a
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