THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, BARRAR, BEYER, CARROLL, CREIGHTON, GROVE, GRUCELA, HARKINS, MAHONEY, McILVAINE SMITH, MILLER, SIPTROTH, MATZIE AND MURT, JANUARY 30, 2009

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 2, 2009   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for speed timing devices and for

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weighing and measurement of vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4981(e) of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Section 3368(d) of Title 75 of the Pennsylvania

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Consolidated Statutes, amended November 26, 2008 (P.L.1658,

No.133), is amended to read:

§ 3368.  Speed timing devices.

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(d)  Classification, approval and testing of mechanical,

electrical and electronic devices.--The department may, by

regulation, classify specific devices as being mechanical,

electrical or electronic. All mechanical, electrical or

electronic devices shall be of a type approved by the

department, which shall appoint stations for calibrating and

testing the devices and may prescribe regulations as to the

manner in which calibrations and tests shall be made. The

certification and calibration of electronic devices under

subsection (c)(3) shall also include the certification and

calibration of all equipment, timing strips and other devices

which are actually used with the particular electronic device

being certified and calibrated. Electronic devices commonly

referred to as electronic speed meters or radar shall have been

tested for accuracy within a period of one year prior to the

alleged violation. Other devices shall have been tested for

accuracy within a period of [60 days] six months prior to the

alleged violation. A certificate from the station showing that

the calibration and test were made within the required period

and that the device was accurate shall be competent and prima

facie evidence of those facts in every proceeding in which a

violation of this title is charged.

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Section 2.  Section 4981(e) of Title 75 is amended to read:

§ 4981.  Weighing and measurement of vehicles.

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(e)  Certification of accuracy of portable scales.--Portable

scales shall be calibrated [every [90 days] year annually,

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following any event that could affect the accuracy of the scale

or following repairs or failures for the purpose of

certification of accuracy by the Department of General Services.

A certificate from the Department of General Services showing

that portable scales were calibrated and found to be accurate

shall be competent and prima facie evidence of those facts in

every proceeding in which a violation of this chapter is

charged.

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Section 2 3.  This act shall take effect immediately.

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