PRINTER'S NO. 3184

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2148

Session of

2018

INTRODUCED BY ROTHMAN, CHARLTON, RYAN, STEPHENS, GREINER, MURT,

BARRAR, WARD, SCHLOSSBERG, A. HARRIS, HELM, GROVE, STURLA,

B. MILLER, DeLUCA AND A. DAVIS, MARCH 16, 2018

prohibiting the practice of station averaging; in licensing

of drivers, further providing for schedule of convictions and

points; in rules of the road in general, providing for radar

enforcement systems pilot program; and making a related

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 44 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

8501. Definitions.

8502. Quotas prohibited.

8503. Station averaging prohibited.

8504. Violation.

§ 8501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Citation." A traffic citation, ticket or any other type of

citation.

furtherance of the enforcement officer's duties, including, but

not limited to, the number of traffic stops completed, arrests,

written warnings and crime prevention measures. The term shall

not include either the issuance of citations or the number of

citations issued by an enforcement officer.

§ 8502. Quotas prohibited.

(a) General rule.--No political subdivision, regional police

department or agency of the Commonwealth shall have the power or

authority to order, mandate, require or in any other manner,

directly or indirectly, suggest to any enforcement officer that

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grants or funds awarded to a political subdivision, regional

police department or agency of the Commonwealth and used to fund

traffic enforcement programs.

§ 8503. Station averaging prohibited.

(a) General rule.--A political subdivision, regional police

department or agency of the Commonwealth may not for purposes of

evaluating an enforcement officer's job performance compare the

number of citations issued by the enforcement officer to the

number of citations issued by any other enforcement officer who

unenforceable, null and void.

Section 2. Section 1535(d) and (e) of Title 75 are 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 3369 (relating to radar

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revocation of operating privileges, the department shall suspend

for 15 days the operating privileges of any person who for a

violation in an active work zone is convicted under:

(1) section 3361 where the department has received an

accident report submitted pursuant to section 3751 (relating

to reports by police); or

(2) section 3362 [(relating to maximum speed limits)] by

exceeding the posted speed limit by 11 miles per hour or

more.

(a) General rule.--Notwithstanding section 3368(c)(2)

(relating to speed timing devices), full-time police officers

are authorized to enforce section 3362 (relating to maximum

speed limits) on municipal roads in their respective

jurisdictions using electronic devices such as radio-microwave

devices, commonly referred to as electronic speed meters or

radar, in accordance with this section.

(b) Requirements for police officers.--Full-time police

officers using electronic devices must:

(1) complete a training course approved by the

Pennsylvania State Police and the Municipal Police Officers'

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Commission; and

(3) operate the devices from a clearly marked vehicle in

a location that is readily visible to the motoring public.

(c) Conviction.--No person may be convicted upon evidence

obtained through the use of electronic devices unless:

(1) The speed recorded is over 10 miles per hour in

excess of the legally posted speed limit.

(2) Official warning signs indicating the use of

electronic devices are erected within 500 feet of the border

engineering and traffic study as authorized under section 6105

(relating to department to prescribe traffic and engineering

investigations) and shall be available for public inspection.

The engineering and traffic study must be updated at least every

three years.

(e) Penalty.--A penalty imposed under section 3362 as a

result of use of an electronic device shall not be deemed a

criminal conviction and shall not be made part of the operating

record under section 1535 (relating to schedule of convictions

and points) of the individual upon whom the penalty is imposed,

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(g) Local ordinance required to enforce.--Prior to employing

electronic devices in speed limit enforcement, the governing

body of the municipality must adopt an ordinance authorizing the

use of electronic devices on municipal roads within the

boundaries of the municipality where speed limits have been

posted according to the results of the required engineering and

traffic study and in accordance with section 6109(a)(11)

(relating to specific powers of department and local

authorities) to address citizen complaints or demonstrable

report to the department, which shall be considered a public

record under the act of February 14, 2008 (P.L.6, No.3), known

as the Right-to-Know Law. The report shall include the following

for the prior year:

(1) The number of violations, written warnings and fines

issued under this section.

(2) A compilation of all fines paid and outstanding.

(3) The number of moving violations and fines issued

under other provisions of this title.

(j) Report by department.--The department shall submit an

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following information for the prior year:

(1) The total number of violations, written warnings and

fines issued by municipalities under this section.

(2) A compilation of all fines paid and outstanding.

(3) The total number of moving violations and fines

issued under other provisions of this title.

equal to or greater than 1% of the municipality's annual budget.

(l) Defense.--The primary use of an electronic device by a

police officer is for purposes of traffic safety. It shall be a

defense to a prosecution arising from the use of an electronic

device that the primary use of the device is to generate

revenue.

(m) Expiration.--This section shall expire December 31,

2024.

(n) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

(2) provides 24-hour-a-day patrol and investigative

services; and

(3) 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

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subdivision or regional police department who complies with all

of the following:

(1) Is certified under 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training).

(2) Is empowered to enforce 18 Pa.C.S. (relating to

crimes and offenses) and this title.

(3) 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

(ii) 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";

(iii) the act of May 22, 1935 (P.L.233, No.99),

referred to as the Second Class City Policemen Relief

Law;

(iv) the act of May 29, 1956 (1955 P.L.1804,

No.600), referred to as the Municipal Police Pension Law;

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police, airport police, park rangers, university or college

police, game wardens, fish commission officers or railroad

police.

Section 4. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 44

(2) The act of October 30, 1981 (P.L.321, No.114),

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