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| PRIOR PRINTER'S NOS. 151, 1978 | PRINTER'S NO. 2040 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, BARRAR, BEYER, CARROLL, CREIGHTON, GROVE, GRUCELA, HARKINS, MAHONEY, McILVAINE SMITH, MILLER, SIPTROTH, MATZIE, MURT AND CALTAGIRONE, JANUARY 30, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 8, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for speed timing devices and for |
3 | weighing and measurement of vehicles. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3368(d) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes, amended November 26, 2008 (P.L.1658, |
8 | No.133), is amended to read: |
9 | § 3368. Speed timing devices. |
10 | * * * |
11 | (d) Classification, approval and testing of mechanical, |
12 | electrical and electronic devices.--The department may, by |
13 | regulation, classify specific devices as being mechanical, |
14 | electrical or electronic. All mechanical, electrical or |
15 | electronic devices shall be of a type approved by the |
16 | department, which shall appoint stations for calibrating and |
17 | testing the devices and may prescribe regulations as to the |
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1 | manner in which calibrations and tests shall be made. The |
2 | certification and calibration of electronic devices under |
3 | subsection (c)(3) shall also include the certification and |
4 | calibration of all equipment, timing strips and other devices |
5 | which are actually used with the particular electronic device |
6 | being certified and calibrated. Electronic devices commonly |
7 | referred to as electronic speed meters or radar shall have been |
8 | tested for accuracy within a period of one year prior to the |
9 | alleged violation. Other devices shall have been tested for |
10 | accuracy within a period of [60 days] six months prior to the |
11 | alleged violation. A certificate from the station showing that |
12 | the calibration and test were made within the required period |
13 | and that the device was accurate shall be competent and prima |
14 | facie evidence of those facts in every proceeding in which a |
15 | violation of this title is charged. |
16 | * * * |
17 | Section 2. Section 4981(e) of Title 75 is amended to read: |
18 | § 4981. Weighing and measurement of vehicles. |
19 | * * * |
20 | (e) Certification of accuracy of portable scales.--Portable | <-- |
21 | (1) Portable scales shall be calibrated [every 90 days] | <-- |
22 | annually, following any event that could affect the accuracy | <-- |
23 | of the scale or following repairs or failures for the purpose |
24 | of certification of accuracy by the Department of General |
25 | Services. A certificate from the Department of General |
26 | Services showing that portable scales were calibrated and |
27 | found to be accurate shall be competent and prima facie |
28 | evidence of those facts in every proceeding in which a |
29 | violation of this chapter is charged. |
30 | (2) Portable scales shall be calibrated as follows: | <-- |
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1 | (i) Annually. |
2 | (ii) Following any event that could affect the |
3 | accuracy of the portable scale or following repairs or |
4 | failures. If a portable scale is calibrated under this |
5 | subparagraph, the portable scale shall not need to be |
6 | calibrated for a period of one year. |
7 | * * * |
8 | Section 3. This act shall take effect immediately in 90 | <-- |
9 | days. |
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