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).