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HOUSE AMENDED
PRIOR PRINTER'S NO. 675
PRINTER'S NO. 1384
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, STEFANO, COLLETT AND IOVINO,
APRIL 30, 2019
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 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
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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, 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
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more miles per hour in excess of the legal speed limit on an
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
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course approved by the Pennsylvania State Police and the
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
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violations with a written warning.
(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.
SECTION 1. SECTION 3368(C), (D), (E) AND (F) OF TITLE 75 OF
THE PENNSYLVANIA CONSOLIDATED STATUES 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.
(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.
(3) ELECTRONIC DEVICES WHICH CALCULATE SPEED BY
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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.
(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.]
(C.1) SPEED ENFORCEMENT DEVICES AUTHORIZED.--SUBJECT TO THE
RESTRICTIONS CONTAINED IN SUBSECTION (C.2), THE RATE OF SPEED OF
A VEHICLE MAY BE TIMED ON A HIGHWAY BY:
(1) A MEMBER OF THE PENNSYLVANIA STATE POLICE OR A LOCAL
LAW ENFORCEMENT OFFICER USING A SPEED ENFORCEMENT DEVICE.
(2) AN AUTOMATED SPEED ENFORCEMENT SYSTEM USING AN
ELECTRONIC RANGING DEVICE.
(3) ANY POLICE OFFICER USING A SPEED TIMING DEVICE.
(C.2) SPEED ENFORCEMENT DEVICE RESTRICTIONS.--SPEED
ENFORCEMENT DEVICES AUTHORIZED UNDER SUBSECTION (C.1) SHALL BE
SUBJECT TO THE FOLLOWING RESTRICTIONS:
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(1) NO PERSON MAY BE CONVICTED UPON EVIDENCE OBTAINED
THROUGH THE USE OF A SPEED ENFORCEMENT DEVICE OR A
SPEEDOMETER AS PERMITTED UNDER SUBSECTION (A) UNLESS THE
SPEED RECORDED IS SIX OR MORE MILES PER HOUR IN EXCESS OF THE
LEGAL SPEED LIMIT.
(2) NO PERSON MAY BE CONVICTED UPON EVIDENCE OBTAINED
THROUGH THE USE OF A SPEED TIMING DEVICE IN AN AREA WHERE THE
LEGAL SPEED LIMIT IS LESS THAN 55 MILES PER HOUR IF THE SPEED
RECORDED IS LESS THAN 10 MILES PER HOUR IN EXCESS OF THE
LEGAL SPEED LIMIT.
(3) PARAGRAPHS (1) AND (2) SHALL NOT APPLY TO EVIDENCE
OBTAINED THROUGH THE USE OF A SPEED ENFORCEMENT DEVICE WITHIN
A SCHOOL ZONE OR AN ACTIVE WORK ZONE.
(4) A SPEED ENFORCEMENT DEVICE 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 A SPEED ENFORCEMENT DEVICE SHALL NOT APPLY TO A
SPEED LIMIT SIGN INDICATING A SCHOOL ZONE, BRIDGE AND
ELEVATED STRUCTURE SPEED LIMIT, HAZARDOUS GRADE SPEED LIMIT
AND WORK ZONE SPEED LIMIT.
(5) AN ELECTRONIC RANGING DEVICE MAY ONLY BE USED BY A
LOCAL LAW ENFORCEMENT OFFICER FROM A CLEARLY MARKED VEHICLE
IN A LOCATION THAT IS READILY VISIBLE TO THE MOTORING PUBLIC.
(6) A LOCAL LAW ENFORCEMENT OFFICER MAY NOT USE AN
ELECTRONIC RANGING DEVICE UNLESS THE INDIVIDUAL HAS COMPLETED
THE REQUIRED TRAINING COURSE UNDER SUBSECTION (G).
(7) A LOCAL LAW ENFORCEMENT OFFICER MAY NOT USE AN
ELECTRONIC RANGING DEVICE WITHIN THE BOUNDARIES OF A
MUNICIPALITY THAT HAS NOT INSTALLED OFFICIAL TRAFFIC-CONTROL
DEVICES AS REQUIRED UNDER SUBSECTION (H).
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(8) A LOCAL LAW ENFORCEMENT OFFICER MAY NOT USE AN
ELECTRONIC RANGING DEVICE WITHIN THE BOUNDARIES OF A
MUNICIPALITY THAT HAS NOT ADOPTED A LOCAL ORDINANCE AS
REQUIRED UNDER SUBSECTION (I).
(D) CLASSIFICATION, APPROVAL AND TESTING OF [MECHANICAL,
ELECTRICAL AND ELECTRONIC] SPEED ENFORCEMENT DEVICES.--[THE
DEPARTMENT MAY, BY REGULATION, CLASSIFY SPECIFIC DEVICES AS
BEING MECHANICAL, ELECTRICAL OR ELECTRONIC. ALL MECHANICAL,
ELECTRICAL OR ELECTRONIC]
(1) SPEED ENFORCEMENT 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. [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.]
(2) SPEED ENFORCEMENT DEVICES SHALL BE CALIBRATED AND
TESTED EVERY 365 DAYS AT A MINIMUM BEFORE BEING USED AS
AUTHORIZED BY THIS SECTION.
(3) 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
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VIOLATION OF THIS TITLE IS CHARGED.
(4) A CERTIFICATE OF ACCURACY MAY BE COMPLETED, SIGNED
AND SUBMITTED ELECTRONICALLY BY THE CERTIFYING TECHNICIAN ON
A FORM PROVIDED BY THE DEPARTMENT.
(5) THE DEPARTMENT MAY PROMULGATE REGULATIONS FOR THE
CERTIFICATION AND THE USE OF SPEED ENFORCEMENT DEVICES. IN
ORDER TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS
SUBSECTION, THE DEPARTMENT MAY PROMULGATE TEMPORARY
REGULATIONS, WHICH SHALL NOT BE SUBJECT TO:
(I) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT
OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(II) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS
ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
ANY TEMPORARY REGULATIONS ADOPTED UNDER THIS PARAGRAPH SHALL
EXPIRE AFTER THREE YEARS, OR UPON PROMULGATION OF FINAL
REGULATIONS FOR THIS SUBSECTION, WHICHEVER IS SOONER.
[(E) DISTANCE REQUIREMENTS FOR USE OF MECHANICAL, ELECTRICAL
AND ELECTRONIC DEVICES.--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.
(F) LIDAR TESTING AND CALIBRATION.--
(1) THE DEPARTMENT MAY, UPON PUBLICATION IN THE
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PENNSYLVANIA BULLETIN, PROVIDE THAT LIDAR SPEED MEASURING
DEVICES AND LIDAR SYSTEMS SHALL BE CALIBRATED AND TESTED
USING THE TESTING PROCEDURES IN DEPARTMENT REGULATION.
(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 OR AS
PART OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM.
(3) THE CERTIFICATION THAT THE LIDAR DEVICE AND SYSTEM,
AS APPLICABLE, HAVE BEEN TESTED AND FOUND TO BE ACCURATE
SHALL CREATE A PRESUMPTION THAT THE REQUIREMENTS OF THIS
SUBSECTION HAVE BEEN FULFILLED.
(4) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
PARAGRAPH UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"LIDAR." THE TECHNOLOGY OF MEASURING TARGET RANGE USING
REFLECTED LIGHT TO DETERMINE TARGET RANGE AND SPEED FROM THE
TIME-OF-FLIGHT OF LASER PULSES.
"LIDAR SPEED-MEASURING DEVICE." SPEED-MEASURING EQUIPMENT
THAT DETERMINES TARGET RANGE AND SPEED BASED ON THE TIME-OF-
FLIGHT OF LASER LIGHT PULSES REFLECTED OFF A TARGET.
"LIDAR SYSTEM." A LIDAR SPEED-MEASURING DEVICE THAT
INCORPORATES ADDITIONAL EQUIPMENT THAT IS USED TO GATHER,
PROCESS AND RECORD IMAGES, AS APPLICABLE, TO BE USED AS PART OF
SPEED ENFORCEMENT EFFORTS.]
(G) TRAINING REQUIRED.--A LOCAL LAW ENFORCEMENT OFFICER MUST
COMPLETE AN ELECTRONIC RANGING DEVICE TRAINING COURSE APPROVED
BY THE PENNSYLVANIA STATE POLICE AND THE MUNICIPAL POLICE
OFFICER'S EDUCATION AND TRAINING COMMISSION PRIOR TO USING AN
ELECTRONIC RANGING DEVICE.
(H) OFFICIAL TRAFFIC-CONTROL DEVICES.--IN ACCORDANCE WITH
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DEPARTMENT REGULATIONS, OFFICIAL TRAFFIC-CONTROL DEVICES,
INCLUDING ADVANCED WARNING SIGNS INDICATING THE USE OF
ELECTRONIC RANGING DEVICES, SHALL BE ERECTED WITHIN 500 FEET OF
THE BORDER OF A MUNICIPALITY ON THE MAIN ARTERIES ENTERING THE
SUBDIVISION PRIOR TO A LOCAL LAW ENFORCEMENT OFFICER USING AN
ELECTRONIC RANGING DEVICE WITHIN THE MUNICIPALITY'S BOUNDARIES.
(I) LOCAL ORDINANCE REQUIRED.--PRIOR TO THE USE OF AN
ELECTRONIC RANGING DEVICE BY A LOCAL LAW ENFORCEMENT OFFICER IN
A MUNICIPALITY, THE MUNICIPALITY OR EACH MUNICIPALITY OF A
REGIONAL POLICE DEPARTMENT MUST ADOPT AN ORDINANCE AUTHORIZING
THE USE OF ELECTRONIC RANGING DEVICES WITHIN THE BOUNDARIES OF
THE MUNICIPALITY.
(J) INITIAL PERIOD.--DURING THE INITIAL 90 DAYS OF SPEED
ENFORCEMENT USING ELECTRONIC RANGING DEVICES IN A MUNICIPALITY
BY A LOCAL LAW ENFORCEMENT OFFICER, AN INDIVIDUAL MAY ONLY BE
SANCTIONED FOR VIOLATIONS WITH A WRITTEN WARNING.
(K) REVENUE LIMIT.--
(1) THE MUNICIPAL SHARE OF REVENUE GENERATED FROM THE
USE OF AN ELECTRONIC RANGING DEVICE IN ANY YEAR MAY NOT
EXCEED 10% OF THE MUNICIPALITY'S BUDGET FOR THAT YEAR.
(2) ALL REVENUE COLLECTED IN EXCESS OF THE LIMITATION IN
PARAGRAPH (1) SHALL BE REMITTED TO THE DEPARTMENT FOR DEPOSIT
IN THE MOTOR LICENSE FUND.
(L) DEFENSE.--
(1) THE PRIMARY USE OF AN ELECTRONIC RANGING DEVICE BY A
LOCAL LAW ENFORCEMENT OFFICER SHALL BE FOR PURPOSES OF
TRAFFIC SAFETY .
(2) IT SHALL BE A DEFENSE TO A PROSECUTION ARISING FROM
THE USE OF AN ELECTRONIC RANGING DEVICE IN A MUNICIPALITY
THAT THE PRIMARY USE OF THE DEVICE IS TO GENERATE REVENUE FOR
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THE MUNICIPALITY.
(M) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
" ELECTRONIC RANGING DEVICE." ANY OF THE FOLLOWING:
(1) LIDAR SPEED-MEASURING DEVICE.
(2) LIDAR SYSTEM.
(3) RADAR SPEED-MEASURING DEVICE.
" FULL-SERVICE POLICE DEPARTMENT." A MUNICIPAL OR REGIONAL
POLICE DEPARTMENT THAT:
(1) IS AUTHORIZED BY ONE OR MORE MUNICIPALITIES;
(2) PROVIDES 24-HOUR-PER-DAY PATROL AND INVESTIGATIVE
SERVICES; AND
(3) REPORTS ITS ACTIVITIES MONTHLY TO THE PENNSYLVANIA
STATE POLICE IN ACCORDANCE WITH THE UNIFORM CRIME REPORTING
SYSTEM.
"LIDAR SPEED-MEASURING DEVICE." SPEED-MEASURING EQUIPMENT
THAT DETERMINES TARGET RANGE AND SPEED BASED ON THE TIME-OF-
FLIGHT OF LASER LIGHT PULSES REFLECTED OFF A TARGET.
"LIDAR SYSTEM." A LIDAR SPEED-MEASURING DEVICE OTHER THAN AN
AUTOMATED SPEED ENFORCEMENT SYSTEM THAT INCORPORATES ADDITIONAL
EQUIPMENT USED TO GATHER, PROCESS AND RECORD IMAGES, AS
APPLICABLE, FOR SPEED ENFORCEMENT EFFORTS.
" LOCAL LAW ENFORCEMENT OFFICER." AN EMPLOYEE OF A FULL-
SERVICE POLICE DEPARTMENT WHO IS EMPOWERED TO ENFORCE 18 PA.C.S.
(RELATING TO CRIMES AND OFFENSES) AND THIS TITLE. THE TERM DOES
NOT INCLUDE A PENNSYLVANIA STATE POLICE OFFICER, PART-TIME OR
AUXILIARY POLICE, CONSTABLES, SHERIFFS OR THEIR DEPUTIES, FIRE
POLICE, TRANSIT POLICE, AIRPORT POLICE, PARK RANGERS, UNIVERSITY
OR COLLEGE POLICE, GAME WARDENS, FISH COMMISSION OFFICERS OR
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RAILROAD POLICE OR ANY EMPLOYEE OF A POLICE AGENCY WHICH DOES
NOT MAINTAIN CONTINUOUS PRIMARY POLICE COVERAGE OF ITS
JURISDICTION 24 HOURS PER DAY EVERY DAY OF THE YEAR.
" RADAR SPEED-MEASURING DEVICE." SPEED-MEASURING EQUIPMENT
USED FROM A STATIONARY POINT THAT DETERMINES TARGET RANGE AND
SPEED BASED ON RADIO MICROWAVES REFLECTED OFF A TARGET.
" SPEED ENFORCEMENT DEVICE." ANY OF THE FOLLOWING:
(1) ELECTRONIC RANGING DEVICE.
(2) SPEED TIMING DEVICE.
" SPEED TIMING DEVICE." A DEVICE OR SYSTEM THAT CALCULATES
SPEED BY MEASURING ELAPSED TIME BETWEEN MEASURED ROAD SURFACE
POINTS BY USING TWO SENSORS OR A DEVICE, INCLUDING A STOPWATCH,
THAT MEASURES AND CALCULATES THE AVERAGE SPEED OF A VEHICLE
BETWEEN TWO POINTS.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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