See other bills
under the
same topic
                                                      PRINTER'S NO. 3891



No. 2599 Session of 2008

           JUNE 10, 2008


                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for conviction and point
     3     schedules, for speed timing devices and for State and local
     4     powers.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1535(d) of Title 75 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 1535.  Schedule of convictions and points.
    10     * * *
    11     (d)  [Exception] Exceptions.--
    12         (1)  This section does not apply to a person who was
    13     operating a pedalcycle or an animal drawn vehicle.
    14         (2)  If a speeding offense under section 3362 (relating
    15     to maximum speed limits) is charged as a result of use of a
    16     device authorized by section 3368(c)(2)(ii) (relating to

     1     speed timing devices), no points shall be assigned under
     2     subsection (a) unless the speed recorded is ten or more miles
     3     per hour in excess of the legal speed limit.
     4     * * *
     5     Section 2.  Section 3368(a), (c), (d) and (e) of Title 75 are
     6  amended and the section is amended by adding subsections to
     7  read:
     8  § 3368.  Speed timing devices.
     9     (a)  Speedometers authorized.--The rate of speed of any
    10  vehicle may be timed on any highway by a police officer using a
    11  motor vehicle equipped with a speedometer, except as provided
    12  under section 6109 (relating to specific powers of department
    13  and local authorities). In ascertaining the speed of a vehicle
    14  by the use of a speedometer, the speed shall be timed for a
    15  distance of not less than three-tenths of a mile.
    16     * * *
    17     (c)  Mechanical, electrical and electronic devices
    18  authorized.--
    19         (1)  Except as otherwise provided in this section and
    20     under section 6109, the rate of speed of any vehicle may be
    21     timed on any highway by a police officer using a mechanical
    22     or electrical speed timing device.
    23         (2)  Except as otherwise provided in paragraph (3),
    24     electronic devices such as radio-microwave devices (commonly
    25     referred to as electronic speed meters or radar) or infrared
    26     laser light devices (commonly referred to as LIDAR) may be
    27     used [only by]:
    28             (i)  By members of the Pennsylvania State Police.
    29             (ii)  Upon completion of a training course approved
    30         by the Pennsylvania State Police and the Municipal Police
    20080H2599B3891                  - 2 -     

     1         Officers' Education and Training Commission, by full-time
     2         police officers employed by the full-service police
     3         department of a political subdivision or regional police
     4         department if official warning signs indicating the use
     5         of these devices are erected within 500 feet of the
     6         border of the political subdivision on the main arteries
     7         entering that political subdivision.
     8         (3)  Electronic devices which calculate speed by
     9     measuring elapsed time between measured road surface points
    10     by using two sensors and devices which measure and calculate
    11     the average speed of a vehicle between any two points may be
    12     used by any police officer.
    13         (4)  No person may be convicted upon evidence obtained
    14     through the use of devices authorized by paragraphs (2) and
    15     (3) unless the speed recorded is six or more miles per hour
    16     in excess of the legal speed limit. Furthermore, no person
    17     may be convicted upon evidence obtained through the use of
    18     devices authorized by subparagraph (2)(ii) or paragraph (3)
    19     in an area where the legal speed limit is less than 55 miles
    20     per hour if the speed recorded is less than ten miles per
    21     hour in excess of the legal speed limit. This paragraph shall
    22     not apply to evidence obtained through the use of devices
    23     authorized by paragraph (2) or (3) within a school zone or an
    24     active work zone.
    25         (5)  As used in this subsection, the following words and
    26     phrases shall have the meanings given to them in this
    27     paragraph:
    28         "Full-service police department."  A local or regional
    29     police department which:
    30             (i)  is authorized by one or more political
    20080H2599B3891                  - 3 -     

     1         subdivisions;
     2             (ii)  provides 24-hour-a-day patrol and investigative
     3         services; and
     4             (iii)  reports its activities monthly to the
     5         Pennsylvania State Police in accordance with the Uniform
     6         Crime Reporting System.
     7         "Full-time police officer."  An employee of a political
     8     subdivision or regional police department who complies with
     9     all of the following:
    10             (i)  Is certified under 53 Pa.C.S. Ch. 21 Subch. D
    11         (relating to municipal police education and training).
    12             (ii)  Is empowered to enforce 18 Pa.C.S. (relating to
    13         crimes and offenses) and this title.
    14             (iii)  Is a regular full-time police officer under
    15         the act of June 15, 1951 (P.L.586, No.144), entitled "An
    16         act regulating the suspension, removal, furloughing and
    17         reinstatement of police officers in boroughs and
    18         townships of the first class having police forces of less
    19         than three members, and in townships of the second
    20         class," or works a minimum of 200 days a year.
    21             (iv)  Is provided coverage by a police pension plan
    22         under:
    23                 (A)  the act of May 24, 1893 (P.L.129, No.82),
    24             entitled "An act to empower boroughs and cities to
    25             establish a police pension fund, to take property in
    26             trust therefor and regulating and providing for the
    27             regulation of the same";
    28                 (B)  the act of June 23, 1931 (P.L.932, No.317),
    29             known as The Third Class City Code;
    30                 (C)  the act of May 22, 1935 (P.L.233, No.99),
    20080H2599B3891                  - 4 -     

     1             referred to as the Second Class City Policemen Relief
     2             Law;
     3                 (D)  the act of May 29, 1956 (1955 P.L.1804,
     4             No.600), referred to as the Municipal Police Pension
     5             Law; or
     6                 (E)  the act of July 15, 1957 (P.L.901, No.399),
     7             known as the Optional Third Class City Charter Law.
     8     The term does not include auxiliary, part-time or fire
     9     police.
    10     (d)  Classification, approval and testing of mechanical,
    11  electrical and electronic devices.--The department may, by
    12  regulation, classify specific devices as being mechanical,
    13  electrical or electronic. All mechanical, electrical or
    14  electronic devices shall be of a type approved by the
    15  department, which shall appoint stations for calibrating and
    16  testing the devices [and may prescribe regulations as to the
    17  manner in which calibrations and tests shall be made]. All
    18  devices, including LIDAR laser devices and electronic speed
    19  meters or radar, must have been tested for accuracy within a
    20  period of one year prior to the alleged violation in accordance
    21  with specifications prescribed by the National Highway Traffic
    22  Safety Administration (NHTSA). All electronic devices, such as
    23  LIDAR laser devices, and electronic speed devices, such as speed
    24  meters or radar, approved for use in this Commonwealth, must
    25  appear on the International Association of Chiefs of Police
    26  consumer products list, in conjunction with National Highway
    27  Traffic Safety Administration (NHTSA) standards. The
    28  certification and calibration of electronic devices under
    29  subsection (c)(3) shall also include the certification and
    30  calibration of all equipment, timing strips and other devices
    20080H2599B3891                  - 5 -     

     1  which are actually used with the particular electronic device
     2  being certified and calibrated. [The devices shall have been
     3  tested for accuracy within a period of 60 days prior to the
     4  alleged violation.] A certificate from the station showing that
     5  the calibration and test were made within the required period,
     6  and that the device was accurate, shall be competent and prima
     7  facie evidence of those facts in every proceeding in which a
     8  violation of this title is charged.
     9     (e)  Distance requirements for use of mechanical, electrical
    10  and electronic devices.--[Mechanical]
    11         (1)  Except as provided under paragraph (2), mechanical,
    12     electrical or electronic devices may not be used to time the
    13     rate of speed of vehicles within 500 feet after a speed limit
    14     sign indicating a decrease of speed. This limitation on the
    15     use of speed timing devices shall not apply to speed limit
    16     signs indicating school zones, bridge and elevated structure
    17     speed limits, hazardous grade speed limits and work zone
    18     speed limits.
    19         (2)  Whenever radio-microwave speed timing devices or
    20     infrared laser light devices are used by a local or regional
    21     police officer, the police officer must locate the vehicle
    22     with the radio-microwave speed timing device or infrared
    23     laser light device in a location that is not intentionally
    24     concealed from the motoring public.
    25     (f)  Local ordinance required to enforce.--
    26         (1)  Prior to use of radio-microwave speed timing devices
    27     or infrared laser light devices used for speed timing by
    28     local or regional police officers, the appropriate governing
    29     body must adopt an ordinance authorizing the local or
    30     regional police department to employ such devices on roads
    20080H2599B3891                  - 6 -     

     1     within the boundaries of the governing body where a required
     2     engineering and traffic study has been conducted and in
     3     accordance with section 6109(a)(11) to address citizen
     4     complaints or demonstrable traffic safety concerns, such as
     5     high crash rates or fatalities.
     6         (2)  During the initial 90 days of speed enforcement by a
     7     local or regional police department using radio-microwave
     8     speed timing devices or infrared laser light devices, persons
     9     may only be sanctioned for violations with a written warning.
    10     (g)  Excess revenues.--The primary use of radar or LIDAR by
    11  local or regional police officers is for traffic safety
    12  purposes. Each local or regional police department that uses
    13  radar or LIDAR shall report annually to the Pennsylvania State
    14  Police the municipal revenue generated from speed enforcement
    15  citations on such forms as may be prescribed by the Pennsylvania
    16  State Police. In the event the municipal share of revenue
    17  generated from speed enforcement citations exceeds 5% of the
    18  total municipal budget or 5% of the regional police department
    19  budget, all sums in excess thereof shall be remitted to the
    20  Pennsylvania State Police to be used for traffic safety
    21  purposes. This subsection shall expire five years after it takes
    22  effect.
    23     Section 3.  Section 6109(a)(11) of Title 75 is amended to
    24  read:
    25  § 6109.  Specific powers of department and local authorities.
    26     (a)  Enumeration of police powers.--The provisions of this
    27  title shall not be deemed to prevent the department on State-
    28  designated highways and local authorities on streets or highways
    29  within their physical boundaries from the reasonable exercise of
    30  their police powers. The following are presumed to be reasonable
    20080H2599B3891                  - 7 -     

     1  exercises of police power:
     2         * * *
     3         (11)  Enforcement of speed restrictions authorized under
     4     Subchapter F of Chapter 33[, except that] in accordance with
     5     the following:
     6             (i)  Except as set forth under subparagraph (ii),
     7         speed restrictions may be enforced by [local police]
     8         full-time police officers employed by the full-service
     9         police department of a political subdivision or regional
    10         police department on a limited access or divided highway
    11         only if [it] this title authorizes such enforcement and
    12         the highway is patrolled by the local or regional police
    13         force under the terms of an agreement with the
    14         Pennsylvania State Police.
    15             (ii)  If this title authorizes speed restrictions to
    16         be enforced by a police department of a city of the first
    17         class, they may be enforced on limited access or divided
    18         highways within the police department's jurisdiction. An
    19         agreement with the Pennsylvania State Police is not
    20         necessary under this subparagraph.
    21         * * *
    22     Section 4.  This act shall take effect in 120 days.

    C24L75MSP/20080H2599B3891        - 8 -