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PRINTER'S NO. 536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
559
Session of
2015
INTRODUCED BY RAFFERTY, FONTANA, BLAKE, BROWNE, SCAVELLO,
EICHELBERGER, TEPLITZ, VULAKOVICH, BREWSTER, STEFANO, SMITH,
SCHWANK, SMUCKER, DINNIMAN AND McGARRIGLE, FEBRUARY 25, 2015
REFERRED TO TRANSPORTATION, FEBRUARY 25, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
schedule of convictions and points; in rules of the road in
general, further providing for speed timing devices; and in
powers of department and local authorities, further providing
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.
* * *
(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
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subsection (a) unless the speed recorded is 10 or more miles
per hour in excess of the legal speed limit.
* * *
Section 2. Section 3368(a), (c), (d) and (e) of Title 75 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
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police officers employed by the full-service police
department of a political subdivision or regional police
department situate in a county of the first class, second
class, second class A or third class 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-service police department. " A local or regional
police department which:
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(i) is authorized by one or more political
subdivisions;
(ii) provides 24-hour-a-day patrol and investigative
services; and
(iii) reports its activities monthly to the
Pennsylvania State Police in accordance with the Uniform
Crime Reporting System.
" Full-time police officer. " An employee of a political
subdivision 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.
(iii) Is a regular full-time police officer under
the act of June 15, 1951 (P.L.586, No.144), entitled "An
act regulating the suspension, removal, furloughing and
reinstatement of police officers in boroughs and
townships of the first class having police forces of less
than three members, and in townships of the second
class," or works a minimum of 200 days a year.
(iv) Is provided coverage by a police pension plan
under:
(A) the act of May 24, 1893 (P.L.129, No.82),
entitled "An act to empower boroughs and cities to
establish a police pension fund, to take property in
trust therefor and regulating and providing for the
regulation of the same";
(B) the act of June 23, 1931 (P.L.932, No.317),
known as The Third Class City Code;
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(C) the act of May 22, 1935 (P.L.233, No.99),
referred to as the Second Class City Policemen Relief
Law;
(D) the act of May 29, 1956 (1955 P.L.1804, No.
600), referred to as the Municipal Police Pension
Law; or
(E) the act of July 15, 1957 (P.L.901, No.399),
known as the Optional Third Class City Charter Law.
The term does not include auxiliary, part-time or fire
police.
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--
(1) The department may, by regulation, classify specific
devices as being mechanical, electrical or electronic.
(2) 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].
(3) 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).
(4) 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 Administration (NHTSA) standards.
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(5) 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.
(6) 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.]
(7) 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
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laser light device in a location that is not intentionally
concealed from the motoring public.
(f) Local ordinance required to enforce.--
(1) Prior to 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.--
(1) 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.
(2) 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.
(3) In the event the municipal share of revenue
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generated from speed enforcement citations exceeds 5% of the
total municipal budget or 5% of the regional police
department budget, all sums in excess thereof shall be
remitted to the Pennsylvania State Police to be used for
traffic safety purposes.
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:
* * *
(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
police officers employed by the full-service 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
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highways within the police department's jurisdiction.
(iii) An agreement with the Pennsylvania State
Police shall not be required under this paragraph.
* * *
Section 4. This act shall take effect in 120 days.
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