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| PRIOR PRINTER'S NO. 1421 | PRINTER'S NO. 1682 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SOLOBAY, FONTANA, BROWNE, FERLO AND WASHINGTON, JUNE 23, 2011 |
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| SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, OCTOBER 18, 2011 |
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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. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 3368(d) of Title 75 of the Pennsylvania |
6 | Consolidated Statutes is amended and the section is amended by | <-- |
7 | adding a subsection to read: |
8 | § 3368. Speed timing devices. |
9 | * * * |
10 | (d) Classification, approval and testing of mechanical, |
11 | electrical and electronic devices.--The department may, by |
12 | regulation, classify specific devices as being mechanical, |
13 | electrical or electronic. All mechanical, electrical or |
14 | electronic devices shall be of a type approved by the |
15 | department, which shall appoint stations for calibrating and |
16 | testing the devices and may prescribe regulations as to the |
17 | manner in which calibrations and tests shall be made. The |
18 | certification and calibration of electronic devices under |
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1 | subsection (c)(3) shall also include the certification and |
2 | calibration of all equipment, timing strips and other devices |
3 | which are actually used with the particular electronic device |
4 | being certified and calibrated. Electronic devices commonly |
5 | referred to as electronic speed meters or radar shall have been |
6 | tested for accuracy within a period of one year prior to the |
7 | alleged violation. [Other] Except as provided under subsection | <-- |
8 | (d.1), other devices shall have been tested for accuracy within |
9 | a period of [60 days] six months 180 days prior to the alleged | <-- |
10 | violation. A certificate from the station showing that the |
11 | calibration and test were made within the required period and |
12 | that the device was accurate shall be competent and prima facie |
13 | evidence of those facts in every proceeding in which a violation |
14 | of this title is charged. |
15 | (d.1) Deemed tested.--Any mechanical, electrical or | <-- |
16 | electronic device, other than electronic devices commonly |
17 | referred to as electronic speed meters or radar, which have been |
18 | tested for accuracy within 60 days prior to the effective date |
19 | of this subsection, shall be deemed tested for a period not to |
20 | exceed 180 days from the date of their testing. Thereafter, the |
21 | devices shall be tested in accordance with subsection (d). |
22 | * * * |
23 | Section 2. This act shall take effect in 90 days. as | <-- |
24 | follows: |
25 | (1) This section shall take effect immediately. |
26 | (2) The addition of 75 Pa.C.S. § 3368(d.1) shall take |
27 | effect in 120 days. |
28 | (3) The remainder of this act shall take effect in 180 |
29 | days. |
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