PRIOR PRINTER'S NO. 251 PRINTER'S NO. 1003
No. 245 Session of 1995
INTRODUCED BY BELL, JANUARY 23, 1995
SENATOR CORMAN, TRANSPORTATION, AS AMENDED, APRIL 26, 1995
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, increasing the maximum speed limit on certain 3 interstate highways; and AND OTHER HIGHWAYS; AND FURTHER <-- 4 providing for the use of speed timing devices. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 3362, 3363 and 3368(c) of Title 75 of <-- 8 the Pennsylvania Consolidated Statutes are amended to read: 9 SECTION 1. SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA <-- 10 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ: 11 § 102. DEFINITIONS. 12 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT 13 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC 14 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN 15 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY 16 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION: 17 * * * 18 "INTERSTATE HIGHWAY." A FREEWAY ON THE DWIGHT D. EISENHOWER
1 SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS. 2 * * * 3 SECTION 2. SECTIONS 3362, 3363 AND 3368(C) OF TITLE 75 ARE 4 AMENDED TO READ: 5 § 3362. Maximum speed limits. 6 (a) General rule.--Except when a special hazard exists that 7 requires lower speed for compliance with section 3361 (relating 8 to driving vehicle at safe speed), the limits specified in this 9 [subsection] SECTION or established under this subchapter shall <-- 10 be maximum lawful speeds and no person shall drive a vehicle at 11 a speed in excess of the following maximum limits: 12 (1) 35 miles per hour in any urban district. 13 (2) 55 miles per hour in other locations except on <-- 14 interstate highways outside of urbanized areas of population 15 of 50,000 or more. 16 (2.1) 65 miles per hour on interstate highways outside 17 of urbanized areas of population of 50,000 or more. 18 (1.1) 65 MILES PER HOUR: <-- 19 (I) ON INTERSTATE HIGHWAYS OUTSIDE OF URBANIZED 20 AREAS OF POPULATION OF 50,000 OR MORE; AND 21 (II) ON OTHER FREEWAYS WHERE THE DEPARTMENT HAS 22 POSTED A 65-MILES-PER-HOUR SPEED LIMIT IN ACCORDANCE WITH 23 THE PROVISIONS OF 23 U.S.C. (RELATING TO HIGHWAYS). 24 (2) 55 MILES PER HOUR IN OTHER LOCATIONS. 25 (3) Any other maximum speed limit established under this 26 subchapter. 27 (b) Posting of speed limit.--No LIMIT.-- <-- 28 (1) NO maximum speed limit established under subsection 29 (a)(1) or (3) shall be effective unless posted on fixed or 30 variable official traffic-control devices erected in 19950S0245B1003 - 2 -
1 accordance with regulations adopted by the department which 2 regulations shall require posting at the beginning and end of 3 each speed zone and at intervals not greater than one-half 4 mile. 5 (2) NO MAXIMUM SPEED LIMIT ESTABLISHED UNDER SUBSECTION <-- 6 (A)(1.1) SHALL BE EFFECTIVE UNLESS POSTED ON FIXED OR 7 VARIABLE OFFICIAL TRAFFIC-CONTROL DEVICES ERECTED AFTER EACH 8 INTERCHANGE ON THE PORTION OF HIGHWAY ON WHICH THE SPEED 9 LIMIT IS IN EFFECT AND WHEREVER ELSE THE DEPARTMENT SHALL 10 DETERMINE. 11 (c) Report required.--When a speed limit in excess of 55 12 miles per hour is established on an interstate highway, the 13 department shall report to the Transportation Committee of the 14 Senate and the Transportation Committee of the House of 15 Representatives on the effect of the increased speed limit. The 16 report shall be submitted a reasonable time after the increased 17 speed limit has been in effect for at least one year. The report 18 shall include an in-depth evaluation, with statistical and other 19 relevant data, of the enforcement of the increased speed limit 20 and the incidents of accidents and deaths as a result of the 21 increased speed limit. 22 [(c)] (d) Penalty.--Any person violating this section is 23 guilty of a summary offense and shall, upon conviction, be 24 sentenced to pay a fine of [$35.] $50 FOR VIOLATING A MAXIMUM <-- 25 SPEED LIMIT OF 65 MILES PER HOUR OR A FINE OF $35 FOR VIOLATING 26 ANY OTHER MAXIMUM SPEED LIMIT. Any person exceeding the maximum 27 speed limit by more than five miles per hour shall pay an 28 additional fine of $2 per mile for each mile in excess of five 29 miles per hour over the maximum speed limit. 30 § 3363. Alteration of maximum limits. 19950S0245B1003 - 3 -
1 The department or local authorities on highways under their 2 respective jurisdictions, upon the basis of an engineering and 3 traffic investigation, may determine that the maximum speed 4 permitted under this subchapter is greater or less than is 5 reasonable and safe under the conditions found to exist upon any 6 such highway or part thereof and establish a reasonable and safe 7 maximum limit. The maximum speed limit may be made effective at 8 all times or at times indicated and may vary for different 9 weather conditions and other factors bearing on safe speeds. No 10 maximum speed greater than 55 miles per hour shall be 11 established under this section except on interstate highways 12 outside of urbanized areas of population of 50,000 or more where 13 the maximum speed shall not be greater than 65 miles per hour. 14 § 3368. Speed timing devices. 15 * * * 16 (c) Mechanical, electrical and electronic devices 17 authorized.-- 18 (1) Except as otherwise provided in this section, the 19 rate of speed of any vehicle may be timed on any highway by a 20 police officer using a mechanical or electrical speed timing 21 device. 22 (2) Except as otherwise provided in paragraph (3), 23 electronic devices such as radio-microwave devices (commonly 24 referred to as electronic speed meters or radar) may be used 25 only by members of the Pennsylvania State Police. 26 (3) Electronic devices which calculate speed by 27 measuring elapsed time between measured road surface points 28 by using two sensors and devices which measure and calculate 29 the average speed of a vehicle between any two points may be 30 used by any police officer. 19950S0245B1003 - 4 -
1 (4) No person may be convicted upon evidence obtained 2 through the use of devices authorized by paragraphs (2) and 3 (3) unless the speed recorded is [six] FOUR or more miles per <-- 4 hour in excess of the legal speed limit. Furthermore, no 5 person may be convicted upon evidence obtained through the 6 use of devices authorized by paragraph (3) in an area where 7 the legal speed limit is less than 55 miles per hour if the 8 speed recorded is less than ten miles per hour in excess of 9 the legal speed limit. This paragraph shall not apply to 10 evidence obtained through the use of devices authorized by 11 paragraph (3) within a school zone. 12 (5) Persons shall be convicted upon evidence obtained <-- 13 through the use of devices authorized by this section when 14 the speed recorded exceeds the legal speed limit of 65 miles 15 per hour. 16 * * * 17 SECTION 3. SECTION 6110(A) OF TITLE 75 IS AMENDED AND THE <-- 18 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ: 19 § 6110. REGULATION OF TRAFFIC ON PENNSYLVANIA TURNPIKE. 20 (A) GENERAL RULE.--THE PROVISIONS OF THIS TITLE APPLY UPON 21 ANY TURNPIKE OR HIGHWAY UNDER THE SUPERVISION AND CONTROL OF THE 22 PENNSYLVANIA TURNPIKE COMMISSION UNLESS SPECIFICALLY MODIFIED BY 23 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION WHICH SHALL 24 BECOME EFFECTIVE ONLY UPON PUBLICATION IN ACCORDANCE WITH LAW. A 25 COPY OF THE RULES AND REGULATIONS, SO LONG AS THEY ARE 26 EFFECTIVE, SHALL BE POSTED AT ALL ENTRANCES TO THE TURNPIKE OR 27 HIGHWAY FOR THE INSPECTION OF PERSONS USING THE TURNPIKE OR 28 HIGHWAY. THIS SECTION DOES NOT AUTHORIZE THE ESTABLISHMENT OF A 29 MAXIMUM SPEED LIMIT GREATER THAN 55 MILES PER HOUR[.], EXCEPT 30 THAT A 65-MILES-PER-HOUR MAXIMUM SPEED LIMIT SHALL BE 19950S0245B1003 - 5 -
1 ESTABLISHED: 2 (1) ON INTERSTATE HIGHWAYS OUTSIDE OF URBANIZED AREAS OF 3 POPULATION OF 50,000 OR MORE; AND 4 (2) ON OTHER FREEWAYS WHERE THE COMMISSION HAS POSTED A 5 65-MILES-PER-HOUR SPEED LIMIT IN ACCORDANCE WITH THE 6 PROVISIONS OF 23 UNITED STATES CODE (RELATING TO HIGHWAYS). 7 (A.1) POSTING.--NO MAXIMUM SPEED LIMIT ESTABLISHED UNDER 8 SUBSECTION (A)(1) OR (2) SHALL BE EFFECTIVE UNLESS POSTED ON 9 FIXED OR VARIABLE OFFICIAL TRAFFIC-CONTROL DEVICES ERECTED AFTER 10 EACH INTERCHANGE ON THE PORTION OF HIGHWAY ON WHICH THE SPEED 11 LIMIT IS IN EFFECT AND WHEREVER ELSE THE COMMISSION SHALL 12 DETERMINE. 13 * * * 14 Section 2 4. This act shall take effect in 60 days. <-- A12L75PJP/19950S0245B1003 - 6 -