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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY READSHAW, D. COSTA, DEASY, MUSTIO, SOLOBAY, BRENNAN, BRIGGS, CLYMER, DeLUCA, MAHONEY, SIPTROTH, WALKO AND MURT, MAY 13, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 13, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, authorizing the limited use of radar by certain |
3 | local police officers who meet certain qualifications. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3368(c) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3368. Speed timing devices. |
9 | * * * |
10 | (c) Mechanical, electrical and electronic devices |
11 | authorized.-- |
12 | (1) Except as otherwise provided in this section, the |
13 | rate of speed of any vehicle may be timed on any highway by a |
14 | police officer using a mechanical or electrical speed timing |
15 | device. |
16 | (2) Except as otherwise provided in [paragraph (3)] |
17 | paragraphs (3) and (3.1), electronic devices such as radio- |
18 | microwave devices [(], commonly referred to as electronic |
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1 | speed meters or radar[)], may be used only by members of the |
2 | Pennsylvania State Police. |
3 | (3) Electronic devices which calculate speed by |
4 | measuring elapsed time between measured road surface points |
5 | by using two sensors and devices which measure and calculate |
6 | the average speed of a vehicle between any two points may be |
7 | used by any police officer. |
8 | (3.1) Electronic devices such as radio-microwave |
9 | devices, commonly referred to as electronic speed meters or |
10 | radar, may be used by full-time local police officers, in |
11 | counties of the second class only in school zones, who have |
12 | satisfactorily completed the requirements of 53 Pa.C.S. Ch. |
13 | 21 Subch. D (relating to municipal police education and |
14 | training) and who have been trained in the use of radar in a |
15 | program approved by the Commissioner of the Pennsylvania |
16 | State Police. The Commissioner of the Pennsylvania State |
17 | Police shall submit an annual report to the General Assembly |
18 | concerning the effects of this paragraph. |
19 | (4) No person may be convicted upon evidence obtained |
20 | through the use of devices authorized by paragraphs (2) [and |
21 | (3)], (3) and (3.1) unless the speed recorded is six or more |
22 | miles per hour in excess of the legal speed limit. |
23 | Furthermore, no person may be convicted upon evidence |
24 | obtained through the use of devices authorized by paragraph |
25 | (3) in an area where the legal speed limit is less than 55 |
26 | miles per hour if the speed recorded is less than ten miles |
27 | per hour in excess of the legal speed limit. This paragraph |
28 | shall not apply to evidence obtained through the use of |
29 | devices authorized by paragraph (2) or (3) within a school |
30 | zone or an active work zone. |
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1 | * * * |
2 | Section 2. This act shall take effect in 60 days. |
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