RULES AND REGULATIONS
Title 67--TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 105]
Mechanical, Electrical and Electronic Speed-Timing Devices
[28 Pa.B. 3588] The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), by this order adopts an amendment to Chapter 105 (relating to mechanical, electrical and electronic speed-timing devices) to read as set forth in Annex A.
Notice of proposed rulemaking was published at 27 Pa.B. 1821 (April 12, 1997) with an invitation to submit written comments within 30 days of publication. No comments were received by the Department.
Purpose of this Chapter
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 the Amendment
The purpose of the 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 (relating to speed timing devices). 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 amendment to this regulation is 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) (relating to calibration).
Additional Modifications to the Proposed Rulemaking
The final-form text of the regulation contains modifications none of which enlarge the scope of this regulation as originally proposed, and thus may be published as final rulemaking. The following represents a summary of the modifications:
Sections 105.15(a)(3)(iii) and (7)(iii) both contain printing errors. In § 105.15(a)(3)(iii) (relating to calibration and the stability test), the last sentence of subparagraph (iii) directs the person doing the calibrating to adjust the frequency of function generator, while observing the frequency counter, to one of three possible bands. This sentence was incorrectly published at 27 Pa.B. 1822, to read as follows: ''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).'' The section symbol before 3961 Hz must be eliminated and the sentence should have read as follows: ''While observing the frequency counter, adjust the frequency of function generator to 1726 Hz (X-Band) or 3961 Hz (K-Band) or 5692 Hz (Ka-Band).'' Further for clarity and consistency, the Department has deleted, from both the proposed § 105.15(a)(3)(iii) and (7)(iii), the commas within the series since the word ''or'' eliminates the need for the use of the commas. In § 105.15(a)(7)(iii) subparagraph (iii) directs the person doing the calibrating to activate the four watt signal source, modulated to 100% for one of three bands. This sentence was incorrectly published in 27 Pa.B. 1822, to read as follows: ''Activate the 4 watt signal source, modulated at 100%, 1726 Hz (X-Band) or 3961 Hz (K-Band) [or], § 5692 Hz (Ka-Band).'' The section symbol before 5692 Hz must be eliminated. Further for clarity, the Department desires that the subparagraph be printed as originally submitted, that is, with the word ''or'' appearing after each band. Accordingly, the sentence should have read as follows: ''Activate the 4 watt signal source, modulated at 100%, 1796 Hz (X-Band) or 3961 Hz (K-Band) or 5692 Hz (Ka-Band).''
Persons and Entities Affected
This final-form regulation affects drivers of motor vehicles, stations which calibrate and test speed-timing devices and the State Police.
Fiscal Impact
This final-form regulation will not impose any increased cost 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 device tested and approved for accuracy by the State Police is priced at approximately $1,385.
This final-form regulation will not occasion the development of any 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 the notice of proposed rulemaking, published at 27 Pa.B. 1821, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees.
This final-form regulation was deemed approved by the Committees on July 6, 1998. The amendment was deemed approved by IRRC July 9, 1998, in accordance with section 5(g) of the Regulatory Review Act.
Sunset Provisions
The Department is not establishing a sunset date for this regulation, since this regulation is needed to administer provisions required under 75 Pa.C.S. §§ 3368 and 6103 (relating to speed timing devices; and promulgation of rules and regulations by department). This regulation will be continuously monitored for its effectiveness by the Department and the State Police.
Contact Person
The contact person is Barb Tomassini, Bureau of Motor Vehicles, Vehicle Inspection Division, Third Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, (717) 787-2895.
Authority
This final-form regulation is amended under the authority contained in 75 Pa.C.S. §§ 3368 and 6103.
Findings
The Department finds that:
(1) Public notice of intention to amend the administrative regulation amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment of the regulation of the Department in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 105, are amended by amending § 105.15 to read as set forth in Annex A with ellipses referring to the existing text of the regulation.
(b) The Secretary of the Department shall submit this order, and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality, as required by law.
(c) The Secretary of the Department shall certify this order, and Annex A, and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BRADLEY MALLORY,
SecretaryFiscal Note: Fiscal Note 18-340 remains valid for the final adoption of the subject regulation.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 3558 (July 25, 1998).)
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)
Indicated Test X Band K Band Ka Band Speed mph 628 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. 98-1231. Filed for public inspection July 31, 1998, 9:00 a.m.]
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