PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 105]
Mechanical, Electrical and Electronic Speed-Timing Devices
[27 Pa.B. 1821] The Department of Transportation (Department), Bureau of Motor Vehicles, under the authority contained in 75 Pa.C.S. §§ 3368 and 6103 (relating to speed timing devices; and promulgation of rules and regulations by department) proposes to amend § 105.15 (relating to calibration and testing procedure) to read as set forth in Annex A.
Purpose of Chapter 105
The purpose of this chapter is to provide rules concerning the calibrating and testing of mechanical, electrical and electronic speed-timing devices by stations appointed by the Department.
Purpose of these Proposed Amendments
The purpose of this proposed amendment is to prescribe the method for calibrating and testing electronic devices (radar) which operate in the Ka-Band frequency to assure their accuracy under 75 Pa.C.S. § 3368. Historically, the Department does not identify electronic devices (radar) by name in the regulations, but only the method of calibration for particular frequencies and that once the calibration method is approved in the regulations, the Department will list specific electronic devices (radar), by name, in its annual publication in the Pennsylvania Bulletin of approved devices and speed-timing calibration stations.
The most significant provisions of the proposed rulemaking are the inclusion of the test frequencies for calibrating and testing Ka-Band electronic devices (radar) in § 105.15 (a)(3)(iii), (5)(v) and (7)(iii).
Persons and Entities Affected
This proposed amendment will affect drivers of motor vehicles, stations which calibrate and test speed-timing devices and the State Police.
Fiscal Impact
This proposed amendment will not impose increased costs on private persons, speed-timing device calibration and testing stations, or State or local governments. The State Police may incur cost if it elects to purchase an electronic device (radar) which operates in the Ka-Band frequency. There are a few manufacturers that make an electronic device (radar) which operates in the Ka-Band frequency. The cost of one these devices tested and approved for accuracy by the State Police is priced at approximately $1,385.
This proposed amendment will not result in additional reports or other paperwork requirements.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 31, 1997, the Department submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees. In addition to submitting this proposed amendment, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2. ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of this proposed amendment, it will notify the Department witin 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of these regulations, by the Department, the General Assembly and the Governor of objections raised.
Sunset Provisions
The Department is not establishing a sunset date for this final-form regulation, since this regulation is needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). This regulation will be continuously monitored for their effectiveness by the Department and the State Police.
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed amendment to Mary E. Sheriff, Bureau of Motor Vehicles, Vehicle Inspection Division, Third Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, within 30 days of publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person is John P. Munafo, Bureau of Motor Vehicles, Vehicle Inspection Division, Third Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104 (717) 787-2895.
BRADLEY L. MALLORY,
SecretaryFiscal Note: 18-340. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VI. OPERATION OF VEHICLES
CHAPTER 105. MECHANICAL, ELECTRICAL AND ELECTRONIC-SPEED TIMING DEVICES
Subchapter B. ELECTRONIC DEVICES (RADAR) § 105.15. Calibration and testing procedure.
(a) General. An electronic device shall be calibrated and tested as follows:
* * * * * (3) Stability test. The stability test shall be conducted in the following manner:
* * * * * (iii) Adjust square wave output of function generator[,] to the switching level of the pin diode switch. While observing the frequency counter, adjust frequency of function generator to 1726 Hz (X-Band) [or], § 3961 Hz (K-Band) or 5692 Hz (Ka-Band).
* * * * * (5) Accuracy test. The accuracy test shall be conducted in the following manner:
* * * * * (v) While observing the frequency counter, adjust the function generator to each test frequency. Note and record the speed indicated on the electronic device display. Each test frequency shall produce the correct speed in mph within the limits of +0, -1 mph.
[Test Frequencies
in Hz K Band]
Test Frequencies (in Hz)
X Band K Band Ka Band Indicated Test
Speed mph628 1440 2070 20 785 1801 2588 25 942 2161 3105 30 1099 2521 3622 35 1256 2881 4140 40 1412 3241 4657 45 1569 3601 5175 50 1726 3961 5692 55 1883 4321 6210 60 2040 4681 6727 65 2197 5042 7246 70 2354 5402 7762 75 2511 5762 8281 80 2668 6122 8797 85 2825 6482 9316 90 2982 6842 9832 95 3139 7202 10351 100 3296 7562 10867 105 3453 7922 11385 110 3610 8283 11902 115 3767 8643 12420 120 3924 9003 12937 125 4081 9363 13455 130 4238 9723 13972 135 4394 10083 14490 140 * * * * * (7) Rejection of extraneous RF fields.
* * * * * (iii) Activate the 4 watt signal source, modulated at 100%, 1726 Hz (X-Band) or 3961 Hz (K-Band) [or], § 5692 Hz (Ka-Band).
* * * * *
[Pa.B. Doc. No. 97-555. Filed for public inspection April 11, 1997, 9:00 a.m.]
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