See other bills
under the
same topic
PRINTER'S NO. 675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
607
Session of
2019
INTRODUCED BY SCAVELLO, MARTIN, BROWNE, MENSCH, BARTOLOTTA,
BREWSTER, AUMENT, BLAKE, YUDICHAK, SCHWANK, COSTA, HAYWOOD,
BAKER, FARNESE, SANTARSIERO, MUTH, KEARNEY, DINNIMAN,
L. WILLIAMS, KILLION AND STEFANO, APRIL 30, 2019
REFERRED TO TRANSPORTATION, APRIL 30, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for speed timing devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3368(c), (e) and (f)(2) of Title 75 of
the Pennsylvania Consolidated Statutes, amended or added October
19, 2018 (P.L.563, No.86), are amended and the section is
amended by adding subsections to read:
ยง 3368. Speed timing devices.
* * *
(c) Mechanical, electrical and electronic devices
authorized.--
(1) Except as otherwise provided in this section, 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(2) [Except as otherwise provided in paragraph (3),
electronic devices such as radio-microwave devices, commonly
referred to as electronic speed meters or radar, may be used
only as part of an automated speed enforcement system or by
members of the Pennsylvania State Police.] Electronic devices
such as radio-microwave devices, commonly referred to as
electronic speed meters or radar, may be used only as part of
an automated speed enforcement system or by any police
officer.
(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 (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.] A
person may not be convicted upon evidence obtained through
the use of devices authorized by paragraphs (1), (2), (3) and
(5) unless the speed recorded is more than ten miles per hour
in excess of the legal speed limit on a highway or six or
more miles per hour in excess of the legal speed limit on an
20190SB0607PN0675 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
interstate highway or freeway with a posted speed limit of 70
miles per hour. This paragraph shall not apply to evidence
obtained through the use of devices authorized by paragraph
(1), (2), (3) or (5) within a school zone or an active work
zone.
(5) Light detection and ranging devices, commonly
referred to as LIDAR, may be used only as part of an
automated speed enforcement system or by [members of the
Pennsylvania State Police] any police officer.
(6) Except for a member of the Pennsylvania State
Police, prior to use of an electronic speed meter, radar or
light detection and ranging devices:
(i) A police officer must complete a training course
approved by the Pennsylvania State Police and the
Municipal Police Officers' Education and Training
Commission; and
(ii) In accordance with department regulations,
official traffic-control devices, including advanced
warning signs indicating the use of electronic speed
meters, radar or light detection and ranging devices,
must be erected within 500 feet of the border of the
political subdivision on the main arteries entering the
political subdivision.
(7) A police officer of the Delaware River Port
Authority or the Delaware River Joint Toll Bridge Commission
may, on a highway under the jurisdiction of the Delaware
River Port Authority or the Delaware River Joint Toll Bridge
Commission, use an electronic speed meter, radar or a light
detection and ranging device upon completion of a training
course approved by the Pennsylvania State Police and the
20190SB0607PN0675 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Municipal Police Officers' Education and Training Commission.
* * *
(e) Distance requirements for use of mechanical, electrical
and electronic devices.--Mechanical, electrical or electronic
devices or light detection and ranging 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.
(f) LIDAR testing and calibration.--
* * *
(2) LIDAR speed measuring devices and LIDAR systems
shall be calibrated and tested every 365 days at a minimum
before being utilized by [the Pennsylvania State Police] any
police officer or as part of an automated speed enforcement
system.
* * *
(g) Local ordinance required to enforce.--
(1) Prior to the use of a device under subsection (c)
(6), the political subdivision or each political subdivision
of a regional police department must adopt an ordinance
authorizing the local or regional police department to employ
the device on highways within the boundaries of each
political subdivision.
(2) During the initial 90 days of speed enforcement by a
local or regional police department of a political
subdivision, an individual may only be sanctioned for
violations with a written warning.
20190SB0607PN0675 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(h) Excess revenue.--
(1) The primary use of a device under this section shall
be for traffic safety purposes.
(2) If a political subdivision's share of revenue
generated from speed enforcement citations by a device under
this section exceeds 20% of the total political subdivision's
budget, the excess sum shall be remitted to the Department of
Revenue on a form and in a manner prescribed by the
Department of Revenue on or before the 60th day following the
end of the political subdivision's fiscal year for deposit
into a restricted receipts account in the Motor License Fund.
Section 2. This act shall take effect in 120 days.
20190SB0607PN0675 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12