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PRINTER'S NO. 414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
406
Session of
2019
INTRODUCED BY SANTARSIERO, BREWSTER, COLLETT, SCHWANK, AUMENT,
TARTAGLIONE, COSTA AND BROWNE, MARCH 13, 2019
REFERRED TO TRANSPORTATION, MARCH 13, 2019
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 department and local authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1535(d) and (e) of Title 75 of the
Pennsylvania Consolidated Statutes are 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 under section 3368(c)(2)(ii) (relating to
speed timing devices), no points shall be assigned under
subsection (a) unless the speed recorded is ten or more miles
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per hour in excess of the legal speed limit.
(e) Suspension of operating privilege.--In addition to other
provisions of this title relating to the suspension or
revocation of operating privileges, the department shall suspend
for 15 days the operating privileges of any person who for a
violation in an active work zone is convicted under:
(1) section 3361 where the department has received an
accident report submitted pursuant to section 3751 (relating
to reports by police); or
(2) section 3362 [(relating to maximum speed limits)] by
exceeding the posted speed limit by 11 miles per hour or
more.
A conviction report received by the department which indicates
that the violation of section 3361 or 3362 occurred in an active
work zone shall create a presumption that the violation occurred
in an active work zone.
Section 2. Section 3368(a), (c) and (e) of Title 75, amended
or added October 19, 2018 (P.L.563, No.86), 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.--
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(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 as part of an automated speed enforcement system
or by members of the Pennsylvania State Police.] used:
(i) As part of an automated speed enforcement
system.
(ii) By members of the Pennsylvania State Police.
(iii) Upon completion of a training course approved
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
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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) 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.
(6) 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 that:
(i) is authorized by one or more political
subdivisions;
(ii) provides 24-hour-per-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:
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(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 per 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 May 22, 1935 (P.L.233, No.99),
referred to as the Second Class City Policemen Relief
Law;
(C) the act of May 29, 1956 (1955 P.L.1804,
No.600), referred to as the Municipal Police Pension
Law; or
(D) the act of July 15, 1957 (P.L.901, No.399),
known as the Optional Third Class City Charter Law.
(E) the provisions of 11 Pa.C.S. Pt. V (relating
to third class cities);
The term does not include auxiliary, part-time or fire
police.
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* * *
(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
laser light device in a location that is not intentionally
concealed from the motoring public.
* * *
(g) 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) (relating to specific
powers of department and local authorities) to address
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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.
(h) Excess revenues.--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.
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. 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 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:
* * *
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(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
highways within the police department's jurisdiction. An
agreement with the Pennsylvania State Police is not
necessary under this subparagraph.
* * *
Section 4. This act shall take effect in 120 days.
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