PRIOR PRINTER'S NO. 185 PRINTER'S NO. 1803
No. 168 Session of 1993
INTRODUCED BY WOZNIAK, PESCI, PETRARCA, TULLI, TRELLO,
S. H. SMITH, PRESTON, GODSHALL, LEH, BELFANTI, STABACK,
HECKLER, FLICK, CARONE, MERRY, CLARK AND GEIST,
FEBRUARY 3, 1993
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 10, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for a speed limit of 65 miles per hour on
3 rural interstate highways and on a certain portion of the
4 Pennsylvania Turnpike; and further providing for speed timing
5 devices.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 3362, 3368(c) and 6110(a) SECTION 3362 <--
9 of Title 75 of the Pennsylvania Consolidated Statutes are IS <--
10 amended to read:
11 § 3362. Maximum speed limits.
12 (a) General rule.--Except when a special hazard exists that
13 requires lower speed for compliance with section 3361 (relating
14 to driving vehicle at safe speed), the limits specified in this
15 [subsection] section or established under this subchapter shall
16 be maximum lawful speeds and no person shall drive a vehicle at
17 a speed in excess of the following maximum limits:
18 (1) 35 miles per hour in any urban district.
1 (2) 55 miles per hour in other locations[.], EXCEPT ON <--
2 INTERSTATE HIGHWAYS OUTSIDE OF URBANIZED AREAS OF POPULATION
3 OF 50,000 OR MORE.
4 (2.1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), 65
5 MILES PER HOUR ON INTERSTATE HIGHWAYS OUTSIDE OF
6 URBANIZED AREAS OF POPULATION OF 50,000 OR MORE.
7 (II) 55 MILES PER HOUR ON ALL INTERSTATE HIGHWAYS
8 FOR TRUCKS AND TRUCK TRACTORS REGISTERED AS CLASS 4 OR
9 LARGER.
10 (3) Any other maximum speed limit established under this
11 subchapter.
12 (a.1) Limit on certain highways.--Notwithstanding subsection
13 (a), the speed limit, for passenger cars only, on rural
14 interstate highways and the east-west portion of the
15 Pennsylvania Turnpike outside of an urbanized area with a
16 population of 50,000 or more shall be 65 miles per hour.
17 (b) Posting of speed limit.--No maximum speed limit
18 established under subsection (a)(1) or (3) shall be effective
19 unless posted on fixed or variable official traffic-control
20 devices erected in accordance with regulations adopted by the
21 department which regulations shall require posting at the
22 beginning and end of each speed zone and at intervals not
23 greater than one-half mile.
24 (c) Penalty.--Any person violating this section is guilty of
25 a summary offense and shall, upon conviction, be sentenced to
26 pay a fine of $35. Any person exceeding the maximum speed limit
27 by more than five miles per hour shall pay an additional fine of
28 $2 per mile for each mile in excess of five miles per hour over
29 the maximum speed limit.
30 (d) Rural interstate highways.--The department shall <--
19930H0168B1803 - 2 -
1 determine what constitutes a rural interstate highway. The
2 determination shall be based on the population of the area in
3 which the highway is located as specified in 23 U.S.C. § 154
4 (relating to national maximum speed limit). A section of an
5 interstate highway may be designated as rural and, on the
6 approval of the department that the highway meets minimum design
7 criteria and safety standards, the speed limit of that section
8 may be set at 65 miles per hour, even though another portion of
9 that highway, because it is located in an area of dense
10 population, is not designated as rural and the speed limit on
11 that section is 55 miles per hour.
12 § 3368. Speed timing devices.
13 * * *
14 (c) Mechanical, electrical and electronic devices
15 authorized.--
16 (1) Except as otherwise provided in this section, the
17 rate of speed of any vehicle may be timed on any highway by a
18 police officer using a mechanical or electrical speed timing
19 device.
20 (2) Except as otherwise provided in paragraph (3),
21 electronic devices such as radio-microwave devices (commonly
22 referred to as electronic speed meters or radar) may be used
23 only by members of the Pennsylvania State Police.
24 (3) Electronic devices which calculate speed by
25 measuring elapsed time between measured road surface points
26 by using two sensors and devices which measure and calculate
27 the average speed of a vehicle between any two points may be
28 used by any police officer.
29 (4) No person may be convicted upon evidence obtained
30 through the use of devices authorized by paragraphs (2) and
19930H0168B1803 - 3 -
1 (3) unless the speed recorded is six or more miles per hour
2 in excess of the legal speed limit or two or more miles per
3 hour in excess of the legal speed limit in an area where the
4 maximum speed limit is 65 miles per hour. 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 * * *
13 § 6110. Regulation of traffic on Pennsylvania Turnpike.
14 (a) General rule.--The provisions of this title apply upon
15 any turnpike or highway under the supervision and control of the
16 Pennsylvania Turnpike Commission unless specifically modified by
17 rules and regulations promulgated by the commission which shall
18 become effective only upon publication in accordance with law. A
19 copy of the rules and regulations, so long as they are
20 effective, shall be posted at all entrances to the turnpike or
21 highway for the inspection of persons using the turnpike or
22 highway. This section does not authorize the establishment of a
23 maximum speed limit greater than 55 miles per hour on any
24 portion of the Pennsylvania Turnpike not outside of an urbanized
25 area with a population of 50,000 or more. Any maximum speed
26 limit greater than 55 miles per hour is subject to the approval
27 of the commission that the portion of the turnpike where the
28 greater speed limit will be in effect meets minimum design
29 criteria and safety standards.
30 * * *
19930H0168B1803 - 4 -
1 Section 2. This act shall take effect immediately.
A8L75PJP/19930H0168B1803 - 5 -