PRINTER'S NO. 2736
No. 1964 Session of 2007
INTRODUCED BY READSHAW, BRENNAN, CLYMER, HARPER, HERSHEY, KOTIK, MUSTIO, PASHINSKI, SOLOBAY, WALKO AND WOJNAROSKI, OCTOBER 24, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 24, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, authorizing the limited use of radar by certain
3 local police officers who meet certain qualifications.
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 to read:
8 § 3368. Speed timing devices.
9 * * *
10 (c) Mechanical, electrical and electronic devices
11 authorized.--
12 (1) Except as otherwise provided in this section, the
13 rate of speed of any vehicle may be timed on any highway by a
14 police officer using a mechanical or electrical speed timing
15 device.
16 (2) Except as otherwise provided in [paragraph (3)]
17 paragraphs (3) and (3.1), electronic devices such as radio-
18 microwave devices (commonly referred to as electronic speed
1 meters or radar) may be used only by members of the 2 Pennsylvania State Police. 3 (3) Electronic devices which calculate speed by 4 measuring elapsed time between measured road surface points 5 by using two sensors and devices which measure and calculate 6 the average speed of a vehicle between any two points may be 7 used by any police officer. 8 (3.1) Electronic devices such as radio-microwave 9 devices, commonly referred to as electronic speed meters or 10 radar, may be used by full-time local police officers in 11 counties of the second class only in school zones who have 12 satisfactorily completed the requirements of 53 Pa.C.S. Ch. 13 21 Subch. D (relating to municipal police education and 14 training) and who have been trained in the use of radar in a 15 program approved by the Commissioner of the Pennsylvania 16 State Police. The Commissioner of the Pennsylvania State 17 Police shall submit an annual report to the General Assembly 18 concerning the effects of this paragraph. 19 (4) No person may be convicted upon evidence obtained 20 through the use of devices authorized by paragraphs (2) [and 21 (3)], (3) and (3.1) unless the speed recorded is six or more 22 miles per hour in excess of the legal speed limit. 23 Furthermore, no person may be convicted upon evidence 24 obtained through the use of devices authorized by paragraph 25 (3) in an area where the legal speed limit is less than 55 26 miles per hour if the speed recorded is less than ten miles 27 per hour in excess of the legal speed limit. This paragraph 28 shall not apply to evidence obtained through the use of 29 devices authorized by paragraph (2) or (3) within a school 30 zone or an active work zone. 20070H1964B2736 - 2 -
1 * * * 2 Section 2. This act shall take effect in 60 days. A16L75JLW/20070H1964B2736 - 3 -