PRIOR PRINTER'S NO. 251                       PRINTER'S NO. 1003

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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.           <--











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