Bill Text: PA HB155 | 2009-2010 | Regular Session | Amended


Bill Title: Further providing for speed timing devices and for weighing and measurement of vehicles.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-06-17 - Referred to TRANSPORTATION [HB155 Detail]

Download: Pennsylvania-2009-HB155-Amended.html

  

 

PRIOR PRINTER'S NOS. 151, 1978

PRINTER'S NO.  2040

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

155

Session of

2009

  

  

INTRODUCED BY SOLOBAY, BARRAR, BEYER, CARROLL, CREIGHTON, GROVE, GRUCELA, HARKINS, MAHONEY, McILVAINE SMITH, MILLER, SIPTROTH, MATZIE, MURT AND CALTAGIRONE, JANUARY 30, 2009

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 8, 2009   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, further providing for speed timing devices and for

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weighing and measurement of vehicles.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3368(d) of Title 75 of the Pennsylvania

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Consolidated Statutes, amended November 26, 2008 (P.L.1658,

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No.133), is amended to read:

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§ 3368.  Speed timing devices.

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* * *

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(d)  Classification, approval and testing of mechanical,

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electrical and electronic devices.--The department may, by

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regulation, classify specific devices as being mechanical,

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electrical or electronic. All mechanical, electrical or

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electronic devices shall be of a type approved by the

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department, which shall appoint stations for calibrating and

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testing the devices and may prescribe regulations as to the

 


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manner in which calibrations and tests shall be made. The

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certification and calibration of electronic devices under

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subsection (c)(3) shall also include the certification and

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calibration of all equipment, timing strips and other devices

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which are actually used with the particular electronic device

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being certified and calibrated. Electronic devices commonly

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referred to as electronic speed meters or radar shall have been

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tested for accuracy within a period of one year prior to the

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alleged violation. Other devices shall have been tested for

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accuracy within a period of [60 days] six months prior to the

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alleged violation. A certificate from the station showing that

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the calibration and test were made within the required period

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and that the device was accurate shall be competent and prima

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facie evidence of those facts in every proceeding in which a

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violation of this title is charged.

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* * *

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Section 2.  Section 4981(e) of Title 75 is amended to read:

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§ 4981.  Weighing and measurement of vehicles.

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* * *

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(e)  Certification of accuracy of portable scales.--Portable

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(1)  Portable scales shall be calibrated [every 90 days]  

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annually, following any event that could affect the accuracy

<--

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of the scale or following repairs or failures for the purpose

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of certification of accuracy by the Department of General

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Services. A certificate from the Department of General

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Services showing that portable scales were calibrated and

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found to be accurate shall be competent and prima facie

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evidence of those facts in every proceeding in which a

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violation of this chapter is charged.

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(2)  Portable scales shall be calibrated as follows:

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(i)  Annually.

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(ii)  Following any event that could affect the

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accuracy of the portable scale or following repairs or

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failures. If a portable scale is calibrated under this

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subparagraph, the portable scale shall not need to be

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calibrated for a period of one year.

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* * *

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Section 3.  This act shall take effect immediately in 90

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days.

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