2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 33 - Rules of the Road in General
3368 - Speed timing devices.

     § 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. 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.
        (b)  Testing of speedometers.--The department may appoint
     stations for testing speedometers and may prescribe regulations
     as to the manner in which the test shall be made. Speedometers
     shall have been tested for accuracy within a period of one year
     prior to the alleged violation and immediately upon change of
     tire size. A certificate from the station showing that the test
     was made, the date of the test and the degree of accuracy of the
     speedometer shall be competent and prima facie evidence of those
     facts in every proceeding in which a violation of this title is
     charged.
        (c)  Mechanical, electrical and electronic devices
     authorized.--
            (1)  Except as otherwise provided in this section, 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) may be used
        only by members of the Pennsylvania State Police.
            (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 (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.
        (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. 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, 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.
     (July 11, 1985, P.L.204, No.52, eff. 60 days; Mar. 27, 1986,
     P.L.71, No.24, eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff.
     6 months; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days)

        2008 Amendment.  Act 133 amended subsecs. (b) and (d).
        2002 Amendment.  Act 229 amended subsec. (c)(4). See section
     21 of Act 229 in the appendix to this title for special
     provisions relating to promulgation of guidelines to implement
     Act 229.
        1986 Amendment.  Act 24 amended subsecs. (c) and (d).
        1985 Amendment.  Act 52 amended subsec. (c) and added subsec.
     (e).

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