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February 25th 05, 07:03 AM
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Dave Hall, this is what you have been looking for
YAWN....
"itoldyouiamnotiamnotgeorge" wrote in message ... Ok so this should just about end the discussion, this was sent to me by request from a Administrative Leo. There is no hersay here or no web sites. Just actual proof, other than signed active work zones or school zones these law are it. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 760 Session of 2003 INTRODUCED BY THOMPSON, KUKOVICH, RAFFERTY, WONDERLING, EARLL, KITCHEN, MUSTO, PILEGGI, ORIE, D. WHITE, DENT, WAUGH, PUNT, WAGNER, LOGAN, C. WILLIAMS AND ERICKSON, MAY 16, 2003 REFERRED TO TRANSPORTATION ACT, MAY 16, 2003 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) (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 December 23, 2002 (P.L.1982, No.229), 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 police officers employed by the full-service police - 2 - department of a political subdivision or regional 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) 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-service police department." A local or regional police department which: (i) is authorized by one or more political subdivisions; (ii) provides 24-hour-a-day patrol and investigative - 3 - services; and (iii) reports its activities monthly to the Pennsylvania State Police in accordance with the Uniform Crime Reporting System. "Full-time police officer." An employee of a political subdivision 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 crimes and offenses) and this title. (iii) Is a regular full-time police officer under the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class," or works a minimum of 200 days a year. (iv) Is provided coverage by a police pension plan under: (A) the act of May 24, 1893 (P.L.129, No.82), entitled "An act to empower boroughs and cities to establish a police pension fund, to take property in trust therefor and regulating and providing for the regulation of the same"; (B) the act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code; (C) the act of May 22, 1935 (P.L.233, No.99), referred to as the Second Class City Policemen Relief Law; 20030S0760B0871 - 4 - (D) the act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law; or (E) the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law. The term does not include auxiliary, part-time or fire police. (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 consumer products list, in conjunction with National Highway Traffic Safety Administration (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. [The devices shall have been 20030S0760B0871 - 5 - 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, the police officer must locate the vehicle with the radio-microwave speed timing device or infrared laser light device in a location that is not intentionally concealed from the motoring public. (f) Local ordinance required to enforce.-- (1) Prior to use of radio-microwave speed timing devices or infrared laser light devices used for speed timing by local or regional police officers, 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 20030S0760B0871 - 6 - 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 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 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 5% of the total municipal budget or 5% of the regional police department budget, all sums in excess thereof shall be remitted to the Pennsylvania State Police to be used for traffic safety purposes. This subsection shall expire five years after it takes effect. 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: 20030S0760B0871 - 7 - (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 police officers employed by the full-service 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. Section 4. This act shall take effect in 120 days. E13L75BIL/20030S0760B0871 - 8 - -- "Landshark" wrote in message . com... See, I have proved he did those posts and all he can do now is try to recriminate me and anyone that disagree with him. Landshark |
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