PRINTER'S NO. 2146
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY RAFFERTY, VULAKOVICH, MENSCH, SMUCKER, EICHELBERGER, BROWNE, SOLOBAY, ERICKSON, SMITH, BRUBAKER, BLAKE, BREWSTER, WHITE, ALLOWAY AND TEPLITZ, JUNE 16, 2014
REFERRED TO TRANSPORTATION, JUNE 16, 2014
1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in licensing of drivers, further providing for
3schedule of convictions and points; in rules of the road in
4general, further providing for speed timing devices; and
5further providing for State and local powers.
10§ 1535. Schedule of convictions and points.
11* * *
12(d) [Exception] Exceptions.--
15(2) If a speeding offense under section 3362 (relating
16to maximum speed limits) is charged as a result of use of a
17device authorized by section 3368(c)(2)(ii) (relating to
18speed timing devices), no points shall be assigned under
19subsection (a) unless the speed recorded is ten or more miles
1per hour in excess of the legal speed limit.
2* * *
6§ 3368. Speed timing devices.
7(a) Speedometers authorized.--The rate of speed of any
8vehicle may be timed on any highway by a police officer using a
9motor vehicle equipped with a speedometer, except as provided in
10section 6109 (relating to specific powers of department and
11local authorities). In ascertaining the speed of a vehicle by
12the use of a speedometer, the speed shall be timed for a
13distance of not less than three-tenths of a mile.
14* * *
17(1) Except as otherwise provided in this section and in
18section 6109, the rate of speed of any vehicle may be timed
19on any highway by a police officer using a mechanical or
20electrical speed timing device.
21(2) Except as otherwise provided in paragraph (3),
22electronic devices such as radio-microwave devices (commonly
23referred to as electronic speed meters or radar) or infrared
24laser light devices (commonly referred to as LIDAR) may be
25used [only by]:
26(i) By members of the Pennsylvania State Police.
27(ii) Upon completion of a training course approved
28by the Pennsylvania State Police and the Municipal Police
29Officers' Education and Training Commission, by full-time
30police officers employed by the full-service police
1department of a political subdivision or regional police
2department situate in a county of the first class, second
3class, second class A or third class if official warning
4signs indicating the use of these devices are erected
5within 500 feet of the border of the political
6subdivision on the main arteries entering that political
8(3) Electronic devices which calculate speed by
9measuring elapsed time between measured road surface points
10by using two sensors and devices which measure and calculate
11the average speed of a vehicle between any two points may be
12used by any police officer.
13(4) No person may be convicted upon evidence obtained
14through the use of devices authorized by paragraphs (2) and
15(3) unless the speed recorded is six or more miles per hour
16in excess of the legal speed limit. Furthermore, no person
17may be convicted upon evidence obtained through the use of
18devices authorized by subparagraph (2)(ii) or paragraph (3)
19in an area where the legal speed limit is less than 55 miles
20per hour if the speed recorded is less than ten miles per
21hour in excess of the legal speed limit. This paragraph shall
22not apply to evidence obtained through the use of devices
23authorized by paragraph (2) or (3) within a school zone or an
24active work zone.
30(i) is authorized by one or more political
14(iii) Is a regular full-time police officer under
15the act of June 15, 1951 (P.L.586, No.144), entitled "An
16act regulating the suspension, removal, furloughing and
17reinstatement of police officers in boroughs and
18townships of the first class having police forces of less
19than three members, and in townships of the second
20class," or works a minimum of 200 days a year.
23(A) the act of May 24, 1893 (P.L.129, No.82),
24entitled "An act to empower boroughs and cities to
25establish a police pension fund, to take property in
26trust therefor and regulating and providing for the
27regulation of the same";
30(C) the act of May 22, 1935 (P.L.233, No.99),
14(2) All mechanical, electrical or electronic devices
15shall be of a type approved by the department, which shall
16appoint stations for calibrating and testing the devices [and
17may prescribe regulations as to the manner in which
18calibrations and tests shall be made].
19(3) All devices, including LIDAR laser devices and
20electronic speed meters or radar, must have been tested for
21accuracy within a period of one year prior to the alleged
22violation in accordance with specifications prescribed by the
23National Highway Traffic Safety Administration (NHTSA).
24(4) All electronic devices, such as LIDAR laser devices,
25and electronic speed devices, such as speed meters or radar,
26approved for use in this Commonwealth, must appear on the
27International Association of Chiefs of Police consumer
28products list, in conjunction with National Highway Traffic
29Safety Administration (NHTSA) standards.
30(5) The certification and calibration of electronic
1devices under subsection (c)(3) shall also include the
2certification and calibration of all equipment, timing strips
3and other devices which are actually used with the particular
4electronic device being certified and calibrated.
5(6) Electronic devices commonly referred to as
6electronic speed meters or radar shall have been tested for
7accuracy within a period of one year prior to the alleged
8violation. [Other devices shall have been tested for accuracy
9within a period of 60 days prior to the alleged violation.]
10(7) A certificate from the station showing that the
11calibration and test were made within the required period and
12that the device was accurate shall be competent and prima
13facie evidence of those facts in every proceeding in which a
14violation of this title is charged.
17(1) Except as provided in paragraph (2), mechanical,
18electrical or electronic devices may not be used to time the
19rate of speed of vehicles within 500 feet after a speed limit
20sign indicating a decrease of speed. This limitation on the
21use of speed timing devices shall not apply to speed limit
22signs indicating school zones, bridge and elevated structure
23speed limits, hazardous grade speed limits and work zone
25(2) Whenever radio-microwave speed timing devices or
26infrared laser light devices are used by a local or regional
27police officer of a political subdivision authorized under
28subsection (c), the police officer must locate the vehicle
29with the radio-microwave speed timing device or infrared
30laser light device in a location that is not intentionally
1concealed from the motoring public.
2(f) Local ordinance required to enforce.--
3(1) Prior to use of radio-microwave speed timing devices
4or infrared laser light devices used for speed timing by
5local or regional police officers of political subdivisions
6authorized under subsection (c), the appropriate governing
7body must adopt an ordinance authorizing the local or
8regional police department to employ such devices on roads
9within the boundaries of the governing body where a required
10engineering and traffic study has been conducted and in
11accordance with section 6109(a)(11) to address citizen
12complaints or demonstrable traffic safety concerns, such as
13high crash rates or fatalities.
14(2) During the initial 90 days of speed enforcement by a
15local or regional police department of a political
16subdivision authorized under subsection (c) using radio-
17microwave speed timing devices or infrared laser light
18devices, persons may only be sanctioned for violations with a
20(g) Excess revenues.--
24(2) Each local or regional police department that uses
25radar or LIDAR shall report annually to the Pennsylvania
26State Police the municipal revenue generated from speed
27enforcement citations on such forms as may be prescribed by
28the Pennsylvania State Police.
7§ 6109. Specific powers of department and local authorities.
8(a) Enumeration of police powers.--The provisions of this
9title shall not be deemed to prevent the department on State-
10designated highways and local authorities on streets or highways
11within their physical boundaries from the reasonable exercise of
12their police powers. The following are presumed to be reasonable
13exercises of police power:
14* * *
18(i) Except as set forth in subparagraph (ii), speed
19restrictions may be enforced by [local police] full-time
20police officers employed by the full-service police
21department of a political subdivision or regional police
22department on a limited access or divided highway only if
23[it] this title authorizes such enforcement and the
24highway is patrolled by the local or regional police
25force under the terms of an agreement with the
26Pennsylvania State Police.
27(ii) If this title authorizes speed restrictions to
28be enforced by a police department of a city of the first
29class, they may be enforced on limited access or divided
30highways within the police department's jurisdiction.
3* * *
4Section 4. This act shall take effect in 120 days.