Bill Text: PA SB819 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for conviction and point schedules, for speed timing devices and for State and local powers.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2009-04-23 - Referred to TRANSPORTATION [SB819 Detail]

Download: Pennsylvania-2009-SB819-Introduced.html

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PRINTER'S NO. 903
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 819 Session of2009
INTRODUCED BY DINNIMAN AND BROWNE, APRIL 23, 2009
REFERRED TO TRANSPORTATION, APRIL 23, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for conviction and point
schedules, for speed timing devices and for State and local
powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1535(d) of Title 75 of the Pennsylvania
Consolidated Statutes is 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 by 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
per hour in excess of the legal speed limit.
* * *
Section 2. Section 3368(a), (c), (d) and (e) of Title 75,
amended November 26, 2008 (P.L.1658, No.133), 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.--
(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 by]:
(i) By members of the Pennsylvania State Police.
(ii) Upon completion of a training course approved
by the Pennsylvania State Police and the Municipal Police
Officers' Education and Training Commission, by full-time
or part-time police officers employed by the police
department of a political subdivision or a regional
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police department 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
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) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Full-time or part-time police officer." An employee of
a police department or regional police department who
complies with all of the following:
(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
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crimes and offenses) and this title.
The term does not include auxiliary or fire police.
"Police department." A public agency of a city, borough,
incorporated town or township having general police powers
and charged with making arrests in connection with the
enforcement of criminal or traffic laws and which reports its
activities monthly to the Pennsylvania State Police in
accordance with the Uniform Crime Reporting System.
"Regional police department." A police department which:
(i) is authorized by one or more political
subdivisions; and
(ii) reports its activities monthly to the
Pennsylvania State Police in accordance with the Uniform
Crime Reporting System.
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--The department may, by
regulation, classify specific devices as being mechanical,
electrical or electronic. All mechanical, electrical or
electronic 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]. All
devices, including LIDAR laser devices and electronic speed
meters or radar, must have been tested for accuracy within a
period of one year prior to the alleged violation in accordance
with specifications prescribed by the National Highway Traffic
Safety Administration (NHTSA). All electronic devices, such as
LIDAR laser devices, and electronic speed devices, such as speed
meters or radar, approved for use in this Commonwealth, must
appear on the International Association of Chiefs of Police
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consumer products list, in conjunction with National Highway
Traffic Safety (NHTSA) standards. 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.] 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 violation of this title is charged.
(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
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laser light device in a location that is not intentionally
concealed from the motoring public.
(f) Local ordinance required to enforce.--
(1) Prior to the 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 such 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) to address 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.
(g) 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 10% of the total
municipal budget or 10% of the regional police department
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budget, all sums in excess thereof shall be remitted to the
Commonwealth and deposited in the General Fund.
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:
* * *
(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
or part-time police officers employed by the 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.
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* * *
Section 4. This act shall take effect in 120 days.
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