THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN AND BROWNE, APRIL 23, 2009

REFERRED TO TRANSPORTATION, APRIL 23, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for conviction and point

schedules, for speed timing devices and for State and local

powers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1535(d) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1535.  Schedule of convictions and points.

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(d)  [Exception] Exceptions.--

(1)  This section does not apply to a person who was

operating a pedalcycle or an animal drawn vehicle.

(2)  If a speeding offense under section 3362 (relating

to maximum speed limits) is charged as a result of use of a

device authorized by section 3368(c)(2)(ii) (relating to

speed timing devices), no points shall be assigned under

subsection (a) unless the speed recorded is ten or more miles

per hour in excess of the legal speed limit.

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Section 2.  Section 3368(a), (c), (d) and (e) of Title 75,

amended November 26, 2008 (P.L.1658, No.133), are amended and

the section is amended by adding subsections to read:

§ 3368.  Speed timing devices.

(a)  Speedometers authorized.--The rate of speed of any

vehicle may be timed on any highway by a police officer using a

motor vehicle equipped with a speedometer, except as provided in

section 6109 (relating to specific powers of department and

local authorities). In ascertaining the speed of a vehicle by

the use of a speedometer, the speed shall be timed for a

distance of not less than three-tenths of a mile.

* * *

(c)  Mechanical, electrical and electronic devices

authorized.--

(1)  Except as otherwise provided in this section and in

section 6109, the rate of speed of any vehicle may be timed

on any highway by a police officer using a mechanical or

electrical speed timing device.

(2)  Except as otherwise provided in paragraph (3),

electronic devices such as radio-microwave devices (commonly

referred to as electronic speed meters or radar) or infrared

laser light devices (commonly referred to as LIDAR) may be

used [only by]:

(i)  By members of the Pennsylvania State Police.

(ii)  Upon completion of a training course approved

by the Pennsylvania State Police and the Municipal Police

Officers' Education and Training Commission, by full-time

or part-time police officers employed by the police

department of a political subdivision or a regional

police department if official warning signs indicating

the use of these devices are erected within 500 feet of

the border of the political subdivision on the main

arteries entering that political subdivision.

(3)  Electronic devices which calculate speed by

measuring elapsed time between measured road surface points

by using two sensors and devices which measure and calculate

the average speed of a vehicle between any two points may be

used by any police officer.

(4)  No person may be convicted upon evidence obtained

through the use of devices authorized by paragraphs (2) and

(3) unless the speed recorded is six or more miles per hour

in excess of the legal speed limit. Furthermore, no person

may be convicted upon evidence obtained through the use of

devices authorized by paragraph (2)(ii) or (3) in an area

where the legal speed limit is less than 55 miles per hour if

the speed recorded is less than ten miles per hour in excess

of the legal speed limit. This paragraph shall not apply to

evidence obtained through the use of devices authorized by

paragraph (2) or (3) within a school zone or an active work

zone.

(5)  As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Full-time or part-time police officer."  An employee of

a police department or regional police department who

complies with all of the following:

(i)  Is certified under 53 Pa.C.S. Ch. 21 Subch. D 

(relating to municipal police education and training).

(ii)  Is empowered to enforce 18 Pa.C.S. (relating to

crimes and offenses) and this title.

The term does not include auxiliary or fire police.

"Police department."  A public agency of a city, borough,

incorporated town or township having general police powers

and charged with making arrests in connection with the

enforcement of criminal or traffic laws and which reports its

activities monthly to the Pennsylvania State Police in

accordance with the Uniform Crime Reporting System.

"Regional police department."  A police department which:

(i)  is authorized by one or more political

subdivisions; and

(ii)  reports its activities monthly to the

Pennsylvania State Police in accordance with the Uniform

Crime Reporting System.

(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]. All

devices, including LIDAR laser devices and electronic speed

meters or radar, must have been tested for accuracy within a

period of one year prior to the alleged violation in accordance

with specifications prescribed by the National Highway Traffic

Safety Administration (NHTSA). All electronic devices, such as

LIDAR laser devices, and electronic speed devices, such as speed

meters or radar, approved for use in this Commonwealth, must

appear on the International Association of Chiefs of Police

consumer products list, in conjunction with National Highway

Traffic Safety (NHTSA) standards. 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

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.

(e)  Distance requirements for use of mechanical, electrical

and electronic devices.--[Mechanical]

(1)  Except as provided in paragraph (2), mechanical,

electrical or electronic devices may not be used to time the

rate of speed of vehicles within 500 feet after a speed limit

sign indicating a decrease of speed. This limitation on the

use of speed timing devices shall not apply to speed limit

signs indicating school zones, bridge and elevated structure

speed limits, hazardous grade speed limits and work zone

speed limits.

(2)  Whenever radio-microwave speed timing devices or

infrared laser light devices are used by a local or regional

police officer of a political subdivision authorized under

subsection (c), the police officer must locate the vehicle

with the radio-microwave speed timing device or infrared

laser light device in a location that is not intentionally

concealed from the motoring public.

(f)  Local ordinance required to enforce.--

(1)  Prior to the use of radio-microwave speed timing

devices or infrared laser light devices used for speed timing

by local or regional police officers of political

subdivisions authorized under subsection (c), the appropriate

governing body must adopt an ordinance authorizing the local

or regional police department to employ such devices on roads

within the boundaries of the governing body where a required

engineering and traffic study has been conducted and in

accordance with section 6109(a)(11) to address citizen

complaints or demonstrable traffic safety concerns, such as

high crash rates or fatalities.

(2)  During the initial 90 days of speed enforcement by a

local or regional police department of a political

subdivision authorized under subsection (c) using radio-

microwave speed timing devices or infrared laser light

devices, persons may only be sanctioned for violations with a

written warning.

(g)  Excess revenues.--The primary use of radar or LIDAR by

local or regional police officers of political subdivisions

authorized under subsection (c) is for traffic safety purposes.

Each local or regional police department that uses radar or

LIDAR shall report annually to the Pennsylvania State Police the

municipal revenue generated from speed enforcement citations on

such forms as may be prescribed by the Pennsylvania State

Police. In the event the municipal share of revenue generated

from speed enforcement citations exceeds 10% of the total

municipal budget or 10% of the regional police department

budget, all sums in excess thereof shall be remitted to the

Commonwealth and deposited in the General Fund.

Section 3.  Section 6109(a)(11) of Title 75 is amended to

read:

§ 6109.  Specific powers of department and local authorities.

(a)  Enumeration of police powers.--The provisions of this

title shall not be deemed to prevent the department on State-

designated highways and local authorities on streets or highways

within their physical boundaries from the reasonable exercise of

their police powers. The following are presumed to be reasonable

exercises of police power:

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(11)  Enforcement of speed restrictions authorized under

Subchapter F of Chapter 33[, except that] in accordance with

the following:

(i)  Except as set forth in subparagraph (ii),speed

restrictions may be enforced by [local police] full-time

or part-time police officers employed by the police

department of a political subdivision or regional police

department on a limited access or divided highway only if

[it] this title authorizes such enforcement and the

highway is patrolled by the local or regional police

force under the terms of an agreement with the

Pennsylvania State Police.

(ii)  If this title authorizes speed restrictions to

be enforced by a police department of a city of the first

class, they may be enforced on limited access or divided

highways within the police department's jurisdiction. An

agreement with the Pennsylvania State Police is not

necessary under this subparagraph.

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Section 4.  This act shall take effect in 120 days.