Regular Session 2017-2018 House Bill 1290 P.N. 1580

PRINTER'S NO. 1580

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1290

Session of

2017

INTRODUCED BY SANTORA, STAATS, MURT, BARRAR, DEAN, SIMMONS,

DUNBAR, SCHLOSSBERG, DAVIS, KAVULICH, CHARLTON, MULLERY,

BENNINGHOFF, PHILLIPS-HILL, NEILSON, PASHINSKI, MENTZER,

A. HARRIS, D. COSTA, DeLUCA, FREEMAN, GROVE, TOOHIL, KORTZ,

HENNESSEY, GREINER, PETRI, CHRISTIANA, CORBIN, TALLMAN, WARD,

C. QUINN, HICKERNELL, KAUFER, CONKLIN AND MICCARELLI,

APRIL 26, 2017

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 26, 2017

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 specific powers of departments and local authorities.

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

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.

* * *

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

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by the Pennsylvania State Police and the Municipal Police

Officers' Education and Training Commission, by full-time

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:

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" Full-service police department. " A local or regional

police department that:

(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";

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(B) 11 Pa.C.S. Pt. V (relating to third class

cities);

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.

(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

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products list in conjunction with National Highway Traffic

Safety Administration standards.

(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

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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 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 the 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 Department of

Revenue the municipal revenue generated from speed

enforcement citations on forms as may be prescribed by the

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Department of Revenue .

(3) In the event the municipal share of revenue

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 Department of Revenue and deposited into the

General Fund to be appropriated by the General Assembly 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 that enforcement and the

highway is patrolled by the local or regional police

force under the terms of an agreement with the

Pennsylvania State Police.

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(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.

(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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