PRINTER'S NO. 887
No. 797 Session of 2001
INTRODUCED BY DeLUCA, BARRAR, CAWLEY, M. COHEN, CORRIGAN, COSTA,
CURRY, DALEY, FRANKEL, HENNESSEY, KENNEY, LAUGHLIN, LEDERER,
MANDERINO, McCALL, METCALFE, PISTELLA, ROONEY, RUFFING,
SOLOBAY, STABACK, SURRA, TRELLO, WALKO, WASHINGTON,
C. WILLIAMS AND YOUNGBLOOD, FEBRUARY 26, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 26, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for chemical tests of blood or
3 urine to determine the amount of alcohol or controlled
4 substance and for stop intersections or junctions and
5 traffic-control devices.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1547(c), 6109(e) and 6122(a) of Title 75
9 of the Pennsylvania Consolidated Statutes are amended to read:
10 § 1547. Chemical testing to determine amount of alcohol or
11 controlled substance.
12 * * *
13 (c) Test results admissible in evidence.--In any summary
14 proceeding or criminal proceeding in which the defendant is
15 charged with a violation of section 3731 or any other violation
16 of this title arising out of the same action, the amount of
17 alcohol or controlled substance in the defendant's blood, as
18 shown by chemical testing of the person's breath, blood or
1 urine, which tests were conducted by qualified persons using
2 approved equipment, shall be admissible in evidence.
3 (1) Chemical tests of breath shall be performed on
4 devices approved by the Department of Health using procedures
5 prescribed jointly by regulations of the Departments of
6 Health and Transportation. Devices shall have been calibrated
7 and tested for accuracy within a period of time and in a
8 manner specified by regulations of the Departments of Health
9 and Transportation. For purposes of breath testing, a
10 qualified person means a person who has fulfilled the
11 training requirement in the use of the equipment in a
12 training program approved by the Departments of Health and
13 Transportation. A certificate or log showing that a device
14 was calibrated and tested for accuracy and that the device
15 was accurate shall be presumptive evidence of those facts in
16 every proceeding in which a violation of this title is
17 charged.
18 (2) Chemical tests of blood or urine, if conducted by a
19 facility located in this Commonwealth, shall be performed by
20 a clinical laboratory licensed and approved by the Department
21 of Health for this purpose using procedures and equipment
22 prescribed by the Department of Health or by a Pennsylvania
23 State Police criminal laboratory. For purposes of blood and
24 urine testing, qualified person means an individual who is
25 authorized to perform those chemical tests under the act of
26 September 26, 1951 (P.L.1539, No.389), known as The Clinical
27 Laboratory Act.
28 (3) Chemical tests of blood or urine, if conducted by a
29 facility located outside this Commonwealth and performed in
30 accordance with a reciprocal agreement under paragraph (4),
20010H0797B0887 - 2 -
1 shall fulfill the requirements imposed by paragraph (2).
2 (4) The Department of Health, in consultation with the
3 department, shall enter into reciprocal agreements among the
4 various states providing for joint approval of clinical
5 laboratories and personnel to test blood or urine. The
6 Department of Health shall promulgate regulations necessary
7 to carry out reciprocal agreements under this paragraph.
8 * * *
9 § 6109. Specific powers of department and local authorities.
10 * * *
11 (e) Engineering and traffic investigation required.--
12 (1) Action by local authorities under this section shall
13 be taken only after completing an engineering and traffic
14 investigation when and in such manner as required by
15 regulations promulgated by the department. No engineering and
16 traffic investigation is required to establish a speed limit
17 under section 3362(a)(1.2) (relating to maximum speed
18 limits).
19 (2) This subsection shall not apply to actions by local
20 authorities in adopting regulations or ordinances designating
21 any intersection or junction of non-Federal and noninterstate
22 highways or roadways within a residence district as a stop
23 intersection or junction and in erecting official traffic-
24 control devices giving notice of such designation.
25 * * *
26 § 6122. Authority to erect traffic-control devices.
27 (a) General rule.--The department on State-designated
28 highways and local authorities on any highway within their
29 boundaries may erect official traffic-control devices, which
30 shall be installed and maintained in conformance with the manual
20010H0797B0887 - 3 -
1 and regulations published by the department upon all highways as
2 required to carry out the provisions of this title or to
3 regulate, restrict, direct, warn, prohibit or guide traffic.
4 (1) [Local] Except as provided in paragraph 3, local
5 authorities shall obtain approval of the department prior to
6 erecting an official traffic-control device on a State-
7 designated highway except where department regulations
8 provide otherwise.
9 (2) [Local] Except as provided in paragraph 3, local
10 authorities shall obtain approval of the department prior to
11 erecting any traffic signal except in a municipality with a
12 traffic engineer qualified in accordance with department
13 regulations.
14 (3) Notwithstanding any other provision of this section,
15 a local authority may erect a stop sign on a non-Federal and
16 noninterstate highway in a residence district within its
17 boundaries without the approval of the department.
18 * * *
19 Section 2. This act shall take effect in 60 days.
B5L75JLW/20010H0797B0887 - 4 -