An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in rules of the road in general, further providing for maximum speed limits, providing for maximum speed limits enforced by local law enforcement officers with RADAR and further providing for speed timing devices; and imposing penalties.

PRINTER'S NO. 495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 509
Session of
2025
INTRODUCED BY ROTHMAN, BROWN, FONTANA, SANTARSIERO, KANE,
PENNYCUICK, HUTCHINSON, BAKER, KEARNEY, STEFANO, SCHWANK,
LAUGHLIN, ROBINSON, MILLER AND FLYNN, MARCH 26, 2025
REFERRED TO TRANSPORTATION, MARCH 26, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in rules of the road in general, further
providing for maximum speed limits, providing for maximum
speed limits enforced by local law enforcement officers with
RADAR and further providing for speed timing devices; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"LIDAR." Speed-measuring equipment that determines target
range and speed based on the time-of-flight of laser light
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pulses reflected off a target. The term includes equipment that
is used to gather, process and record images, as applicable, for
speed enforcement purposes, including an automated speed
enforcement system authorized under this title.
* * *
"Mechanical, electrical and electronic device." A device
other than LIDAR, RADAR or RADAR in motion that calculates the
rate of speed of any vehicle. The term includes a device that
determines 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.
* * *
"RADAR." An electronic device that determines target range
and speed based on radio microwaves reflected off a target from
a stationary point. The term includes an automated speed
enforcement system as authorized under this title.
"RADAR in motion." An electronic device that determines
target range and speed based on radio microwaves reflected off a
target and operated when the motor vehicle is in motion.
* * *
"Speedometer." The speed meter on the dashboard of a motor
vehicle operated by a police officer to determine the speed of a
vehicle.
* * *
Section 2. Section 3362(c) of Title 75 is amended by adding
paragraphs and the section is amended by adding a subsection to
read:
§ 3362. Maximum speed limits.
* * *
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(c) Penalty.--
* * *
(3) (i) A person may not be convicted upon evidence
obtained through the use of LIDAR, a mechanical,
electrical and electronic device, RADAR or RADAR in
motion:
(A) Unless the speed recorded is 10 or more
miles per hour in excess of the legal speed limit.
(B) When the legal speed limit exceeds 55 miles
per hour, unless the speed recorded is six or more
miles per hour in excess of the legal speed limit.
(ii) This paragraph shall not apply to evidence
obtained through the use of LIDAR, a mechanical,
electrical and electronic device, RADAR or RADAR in
motion within a school zone or an active work zone.
(4) A person may not be convicted upon evidence obtained
through the use of LIDAR, a mechanical, electrical and
electronic device, RADAR or RADAR in motion to time the rate
of speed of vehicles within 500 feet after a speed limit sign
indicating a decrease in speed. This limitation shall not
apply to a speed limit sign indicating a school zone, bridge
and elevated structure speed limit, hazardous grade speed
limit and work zone speed limit.
(d) Enforcement.--This section may be enforced by any of the
following:
(1) A member of the Pennsylvania State Police using
LIDAR, a mechanical, electrical and electronic device, RADAR,
RADAR in motion or a speedometer.
(2) A local law enforcement officer, as defined under
section 3362.1(g) (relating to maximum speed limits enforced
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by local law enforcement officers with RADAR), using a
mechanical, electrical and electronic device or speedometer.
(3) A police officer of the Delaware River Port
Authority on a highway under the jurisdiction of the Delaware
River Port Authority using a mechanical, electrical and
electronic device, RADAR or a speedometer. Before RADAR can
be used, the police officer must complete training under
section 3362.1(b)(2).
Section 3. Title 75 is amended by adding a section to read:
§ 3362.1. Maximum speed limits enforced by local law
enforcement officers with RADAR.
(a) Use of RADAR.--
(1) A local law enforcement officer may use RADAR to
determine the lawful speed of vehicles on local highways.
(2) A local law enforcement officer may use RADAR to
determine the lawful speed of vehicles on State highways if
authorization is provided by a Commonwealth agency.
(b) Speed enforcement restrictions.--
(1) Prior to the use of RADAR by a local law enforcement
officer in a municipality, the municipality, or each
municipality of a regional police department, must adopt an
ordinance authorizing the use of RADAR within the boundaries
of the municipality.
(2) A local law enforcement officer must complete a
training course approved by the Pennsylvania State Police and
the Municipal Police Officers' Education and Training
Commission prior to using RADAR.
(3) A local law enforcement officer must be in a clearly
marked law enforcement vehicle in a location that is readily
visible to the motoring public while using RADAR.
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(4) In accordance with department regulations, not fewer
than four official traffic-control devices, including warning
signs indicating the use of RADAR, shall be erected within
500 feet of the border of a municipality on not fewer than
four highways entering the municipality prior to a local law
enforcement officer using RADAR within the municipality's
boundaries.
(5) The primary use of RADAR shall be for purposes of
traffic safety. The following shall apply to citations:
(i) A political subdivision, regional police
department or agency of the Commonwealth may not order,
mandate, require or in any other manner, directly or
indirectly, suggest to a local law enforcement officer to
issue a certain number of citations under this subchapter
on a daily, weekly, monthly, quarterly or yearly basis.
(ii) The prohibition under subparagraph (i) shall
not affect the conditions of a Federal or State grant or
money awarded to a political subdivision, regional police
department or agency of the Commonwealth and used to fund
traffic enforcement programs.
(c) Speed limits.--A driver may not operate a vehicle at a
speed in excess of the following maximum limits:
(1) Thirty-five miles per hour in an urban district.
(2) Sixty-five miles per hour or 70 miles per hour for a
vehicle on a freeway where the posted speed limit is 65 miles
per hour or 70 miles per hour.
(3) Twenty-five miles per hour in a residence district
if the highway:
(i) Is not a numbered traffic route.
(ii) Is functionally classified by the department as
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a local highway.
(4) Fifty-five miles per hour in any other location.
(5) Any other maximum speed limit established under this
subchapter.
(d) Posting of speed limits.--
(1) A maximum speed limit established under subsection
(c)(1), (3) or (5) shall not be effective unless posted on
fixed or variable official traffic-control devices in
accordance with regulations adopted by the department.
(2) A maximum speed limit established under subsection
(c)(2) shall not be effective unless posted on fixed or
variable official traffic-control devices erected after each
interchange on the portion of a highway on which the speed
limit is in effect and at other locations determined by the
department or the Pennsylvania Turnpike Commission, as
appropriate.
(e) Penalty.--
(1) A person violating this section commits a summary
offense and shall, upon conviction, be sentenced to pay a
fine of:
(i) $42.50 for violating a maximum speed limit of 65
miles per hour or higher; or
(ii) $35 for violating any other maximum speed
limit.
(2) A person exceeding the maximum speed limit by more
than five miles per hour shall pay an additional fine of $2
per mile for each mile in excess of five miles per hour over
the maximum speed limit.
(3) A violation of this section based upon evidence
obtained through RADAR shall result in the penalties provided
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in this subsection and shall not be deemed a criminal
conviction or considered cause for the issuance of points
under section 1535 (relating to schedule of convictions and
points).
(4) Notwithstanding sections 6322 (relating to reports
by issuing authorities) and 6323 (relating to reports by
courts), an issuing authority or court may not report a
violation of this section based upon evidence obtained
through the use of RADAR to the department.
(5) During the initial 90 days of speed enforcement
using RADAR following adoption of the ordinance under
subsection (b)(1), a person may only be sanctioned for a
violation with a written warning.
(6) (i) A person may not be convicted upon evidence
obtained through the use of RADAR:
(A) Unless the speed recorded is 10 or more
miles per hour in excess of the legal speed limit.
(B) When the legal speed limit exceeds 55 miles
per hour, unless the speed recorded is six or more
miles per hour in excess of the legal speed limit.
(ii) This paragraph shall not apply to evidence
obtained through the use of RADAR within a school zone or
an active work zone.
(7) A person may not be convicted upon evidence obtained
through the use of RADAR to time the rate of speed of
vehicles within 500 feet after a speed limit sign indicating
a decrease in speed. This limitation shall not apply to a
speed limit sign indicating a school zone, bridge and
elevated structure speed limit, hazardous grade speed limit
and work zone speed limit.
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(f) Revenue limit.--
(1) The following apply to a municipality that adopts an
ordinance under subsection (b)(1) authorizing the use of
RADAR within the boundaries of the municipality:
(i) In the calendar year in which the municipality
adopts the ordinance, the sum of fines that the
municipality may retain for violations of this section
and section 3362 (relating to maximum speed limits) shall
be no more than an amount equal to 101% of the fines the
municipality received for violations of section 3362 in
the calendar year immediately preceding the adoption of
the ordinance.
(ii) In the calendar year after the municipality
adopts the ordinance, and each calendar year thereafter,
the sum of fines the municipality may retain for
violations of this section and section 3362 shall be no
more than an amount equal to 101% of the sum of fines the
municipality was permitted to retain for violations of
this section and section 3362 in the preceding calendar
year.
(2) By February 1 of the calendar year after a
municipality adopts an ordinance under subsection (b)(1)
authorizing a local police department to use RADAR, and each
February 1 thereafter for as long as the ordinance remains in
effect, a municipality shall certify to the department the
fines the municipality received in the prior calendar year
for violations of this section and section 3362. If the sum
of fines received for violations of this section and section
3362 in the prior calendar year exceeds the amount the
municipality was permitted to retain under paragraph (1), the
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municipality shall remit the excess amount to the department
for deposit into the Motor License Fund.
(3) The Department of the Auditor General shall audit
fines received by municipalities for violations of this
section and section 3362 and amounts remitted to the
department under paragraph (2) to ensure compliance with this
subsection. The following shall apply regarding audits:
(i) An audit shall be conducted yearly and shall
audit municipalities selected at random by the Department
of the Auditor General.
(ii) The Department of the Auditor General shall
have access to all documents it deems necessary to
complete an audit.
(iii) If the Department of the Auditor General
determines that a municipality remitted less than the
amount required under paragraph (2) in any of the most
recent 10 calendar years, the department shall deduct an
amount equal to 200% of the amount that the municipality
did not remit from the next payment to the municipality
under section 9502(a)(2)(v) (relating to imposition of
tax).
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Local law enforcement officer." An employee of a local
police department who is empowered to enforce 18 Pa.C.S.
(relating to crimes and offenses) and this title. The term does
not include a Pennsylvania State Police officer, constable,
sheriff or a deputy, fire police, transit police, airport
police, park ranger, university or college police game warden,
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fish commission officer or railroad police.
"Local police department." A municipal or regional police
department that:
(1) is authorized by one or more municipalities;
(2) provides patrol and investigative services; and
(3) reports its activities monthly to the Pennsylvania
State Police in accordance with the Pennsylvania Uniform
Crime Reporting System as defined in section 502 of the act
of November 29, 2004 (P.L.1383, No.180), known as the Uniform
Crime Reporting Act.
Section 4. Section 3368(c), (d), (e) and (f) of Title 75 are
amended to read:
§ 3368. Speed timing devices.
* * *
(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 as part of an automated speed enforcement system or 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.
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(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.
(5) Light detection and ranging devices, commonly
referred to as LIDAR, may be used only as part of an
automated speed enforcement system or by members of the
Pennsylvania State Police.] Additional speed timing 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, electrical and electronic
device.
(2) RADAR may be used only as part of an automated speed
enforcement system, by members of the Pennsylvania State
Police, police officers of the Delaware River Port Authority
or by local law enforcement officers under section 3362.1
(relating to maximum speed limits enforced by local law
enforcement officers with RADAR).
(3) LIDAR may only be used as part of an automated speed
enforcement system or by members of the Pennsylvania State
Police.
(4) RADAR in motion may only be used by members of the
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Pennsylvania State Police.
(d) Classification, approval and testing of mechanical,
electrical and electronic devices and RADAR.--[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.]
(1) The department may, by regulation, classify specific
devices as being mechanical, electrical or electronic in
accordance with a mechanical, electrical and electronic
device.
(2) All mechanical, electrical and electronic devices
shall be of a type approved by the department, which shall
appoint stations for calibrating and testing the devices and
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may prescribe regulations as to the manner in which
calibrations and tests shall be made.
(3) The certification and calibration of mechanical,
electrical and electronic devices, as appropriate, shall also
include the certification and calibration of all equipment,
timing strips and other devices which are actually used with
the particular device being certified and calibrated.
(4) RADAR and RADAR in motion shall have been tested for
accuracy within a period of one year prior to the alleged
violation.
(5) Mechanical, electrical and electronic devices shall
have been tested for accuracy within a period of 60 days
prior to the alleged violation.
(6) 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. A certificate of accuracy
may be completed, signed and submitted electronically by the
certifying technician on a form provided by the department.
(7) (i) The department may promulgate regulations for
the classification, calibration, testing, certification
and use of a mechanical, electrical and electronic
device, RADAR, RADAR in motion and a speedometer. In
order to facilitate the prompt implementation of this
subsection, the department shall promulgate temporary
regulations, which shall not be subject to:
(A) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code
of 1929.
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(B) Sections 201, 202, 203, 204 and 205 of the
act of July 31, 1968 (P.L.769, No.240), referred to
as the Commonwealth Documents Law.
(C) Section 204(b) of the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(D) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(ii) Temporary regulations adopted under this
paragraph shall expire after three years or upon
promulgation of final regulations for this subsection,
whichever is sooner.
(e) Distance requirements [for use of mechanical, electrical
and electronic devices.--Mechanical,].--LIDAR, mechanical,
electrical [or] and electronic devices, RADAR, RADAR in motion
and a speedometer 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.
(f) LIDAR testing and calibration.--
(1) The department may, upon publication in the
Pennsylvania Bulletin, provide that LIDAR speed measuring
devices and LIDAR systems shall be calibrated and tested
using the testing procedures in department regulation.
(2) LIDAR speed measuring devices and LIDAR systems
shall be calibrated and tested every 365 days at a minimum
before being utilized by the Pennsylvania State Police or as
part of an automated speed enforcement system.
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(3) The certification that the LIDAR device and system,
as applicable, have been tested and found to be accurate
shall create a presumption that the requirements of this
subsection have been fulfilled.
[(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"LIDAR." The technology of measuring target range using
reflected light to determine target range and speed from the
time-of-flight of laser pulses.
"LIDAR speed-measuring device." Speed-measuring
equipment that determines target range and speed based on the
time-of-flight of laser light pulses reflected off a target.
"LIDAR system." A LIDAR speed-measuring device that
incorporates additional equipment that is used to gather,
process and record images, as applicable, to be used as part
of speed enforcement efforts.]
(4) (i) The department may promulgate regulations for
the certification and use of LIDAR. In order to
facilitate the prompt implementation of this subsection,
the department may promulgate temporary regulations,
which shall not be subject to:
(A) Section 612 of The Administrative Code of
1929.
(B) Sections 201, 202, 203, 204 and 205 of the
Commonwealth Documents Law.
(C) Section 204(b) of the Commonwealth Attorneys
Act.
(D) The Regulatory Review Act.
(ii) Temporary regulations adopted under this
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paragraph shall expire after three years or upon
promulgation of final regulations for this subsection,
whichever is sooner.
Section 5. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. §§ 3362.1(b)
(2) and 3368(d)(7) shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 180
days.
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