PRINTER'S NO. 2072
No. 1684 Session of 2001
INTRODUCED BY FLICK, HARPER, NAILOR, READSHAW, BARRAR, CORRIGAN, COSTA, CREIGHTON, CRUZ, CURRY, FEESE, FREEMAN, HENNESSEY, HERSHEY, KELLER, KIRKLAND, LEWIS, MANDERINO, McCALL, McILHATTAN, R. MILLER, ROSS, RUBLEY, SATHER, SCHRODER, B. SMITH, SOLOBAY, STEELMAN, STERN, STURLA, E. Z. TAYLOR, TIGUE, WALKO, WANSACZ, C. WILLIAMS, WILT AND WOJNAROSKI, JUNE 4, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 4, 2001
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for the use of certain electronic 3 speed timing devices by qualified police officers. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 3368(c) of Title 75 of the Pennsylvania 7 Consolidated Statutes is amended and the section is amended by 8 adding subsections to read: 9 § 3368. Speed timing devices. 10 * * * 11 (c) Mechanical, electrical and electronic devices 12 authorized.-- 13 (1) Except as otherwise provided in this section, the 14 rate of speed of any vehicle may be timed on any highway by a 15 police officer using a mechanical or electrical speed timing 16 device.
1 (2) Except as otherwise provided in paragraph (3), 2 electronic devices such as radio-microwave devices (commonly 3 referred to as electronic speed meters or radar) may be used 4 [only] by members of the Pennsylvania State Police. Full-time 5 members of local police departments whose municipal governing 6 bodies have adopted ordinances in accordance with subsection 7 (f), who have satisfactorily completed the requirements of 53 8 Pa.C.S. Ch. 21 Subch. D (relating to municipal police 9 education and training) and who have been trained in the use 10 of radio-microwave devices in a program approved by the 11 Pennsylvania State Police may use radio-microwave speed 12 timing devices on municipal roads in their jurisdiction. 13 (3) Electronic devices which calculate speed by 14 measuring elapsed time between measured road surface points 15 by using two sensors and devices which measure and calculate 16 the average speed of a vehicle between any two points may be 17 used by any police officer. 18 (4) No person may be convicted upon evidence obtained 19 through the use of devices authorized by paragraphs (2) and 20 (3) unless the speed recorded is six or more miles per hour 21 in excess of the legal speed limit. Furthermore, no person 22 may be convicted upon evidence obtained through the use of 23 devices authorized by paragraph (3) in an area where the 24 legal speed limit is less than 55 miles per hour if the speed 25 recorded is less than ten miles per hour in excess of the 26 legal speed limit. This paragraph shall not apply to evidence 27 obtained through the use of devices authorized by paragraph 28 (3) within a school zone. 29 * * * 30 (f) Local referendum prerequisite to local use of radio- 20010H1684B2072 - 2 -
1 microwave speed timing devices.--No municipal governing body 2 shall adopt any ordinance authorizing the municipal police 3 officers to use radio-microwave speed timing devices on roads 4 under the jurisdiction of the municipality until that municipal 5 governing body obtains the approval of the electors of that 6 municipality in a public referendum conducted at a primary, 7 general or municipal election conducted at least 60 days prior 8 to the adoption of the proposed ordinance. 9 (g) Defense.--The primary use of radar or any other speed 10 timing device by police officers is for purposes of traffic 11 safety. It shall be a defense to prosecution under this section 12 or any section related to any speed timing device if it can be 13 demonstrated that the primary use of such device is to generate 14 revenue. 15 Section 2. This act shall take effect in 60 days. C8L75BIL/20010H1684B2072 - 3 -