PROPOSED RULEMAKING
[67 PA. CODE CH. 105]
Mechanical, Electrical and Electronic Speed-Timing Devices
[35 Pa.B. 6773] The Department of Transportation (Department), under 75 Pa.C.S. §§ 3368, 4571, 4572 and 6103, proposes to amend Chapter 105 (relating to mechanical, electrical and electronic speed-timing devices) to read as set forth in Annex A.
Purpose of Chapter
Chapter 105 governs the calibrating and testing of mechanical, electrical and electronic speed-timing devices by stations appointed by the Department.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to allow the State Police to use additional electronic speed-timing technologies and devices, that is, Moving Radar (Radio Detection and Ranging) and Lidar (Light Detection and Ranging), to measure vehicle speed in the enforcement of speed limit restrictions throughout this Commonwealth.
Summary of Significant Amendments
Section 105.12a (relating to application of subchapter) has been amended to include both moving RADAR and LIDAR within the scope of this chapter. Subsequent sections have also been amended to include these new technologies.
Section 105.16 (relating to calibration and testing procedures for moving RADAR and LIDAR) has been added to provide standards and procedures for the calibration and testing of moving RADAR and LIDAR devices.
Sections 105.33, 105.34, 105.54, 105.55, 105.75 and 105.95 have also been amended to clarify that test results and other information is to be recorded on forms approved by the Department, but not necessarily provided by the Department.
Persons and Entities Affected
This proposed rulemaking affects the State Police, manufacturers of speed-timing devices and the businesses that service these devices.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of any additional funds by the Commonwealth or local municipalities, although expenditure by the State Police to purchase the new technology is to be anticipated. This proposed rulemaking will not impose any additional costs on the regulated community and may reduce costs by providing more speed-timing options for use by the State Police.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 5, 2005, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
The Department will make this proposed rulemaking effective upon final-form publication following appropriate evaluation of comments, suggestions or objections received during the period allowed for public comment. The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Peter Gertz, Bureau of Motor Vehicles, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, pgertz@state.pa.us within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about this proposed rulemaking is Douglas P. Cohn, Bureau of Motor Vehicles, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, (717) 783-5845.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-405. 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, MOVING RADAR AND LIDAR) § 105.12a. Application of subchapter.
This subchapter governs the calibration and testing of electronic devices--RADAR, Moving RADAR and LIDAR--for use only by members of the State Police, under 75 Pa.C.S. § 3368(c)(2) (relating to speed timing devices).
§ 105.14. Required equipment.
The following equipment is required for the operation of a maintenance and calibration station. Suitable manufacturers and model numbers are listed, however, equivalent equipment or an alternative technique is acceptable if it is approved by the [Communications Division] Bureau of Patrol, Patrol Services Division, State Police [is acceptable] or meets the requirements in the United States Department of Transportation, National Highway Traffic Safety Administration (NHSTA), Technical Report, Model Minimum Performance Specifications or any subsequent amendments to those specifications:
* * * * * § 105.15. Calibration and testing procedure for RADAR.
(a) General. [An electronic] A RADAR device shall be calibrated and tested as follows:
* * * * * (c) Certificates of accuracy. These forms, provided by the Department, shall be filed for each [electronic] RADAR device calibrated and tested.
* * * * * (3) One duplicate copy shall be forwarded to the [Communications Division] Bureau of Patrol, Patrol Services Division, State Police.
* * * * * (d) [Electronic device--radar--] RADAR calibration. Technical data forms provided by the State Police [Communications Division], shall be filed for each [electronic] RADAR device calibrated and tested.
(1) One original shall be forwarded to the [Communications Division] Bureau of Patrol, Patrol Services Division, State Police.
* * * * * § 105.16. Calibration and testing procedure for moving RADAR and LIDAR.
(a) A moving RADAR or LIDAR device shall be calibrated and tested as set forth in the United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA), Technical Report, Model Minimum Performance Specifications for Police Traffic Radar Devices and Model Minimum Performance Specifications for Lidar Speed Measurement Devices and any subsequent amendments to those specifications.
(b) Maintenance work-order. A maintenance work-order containing the following information shall be completed and forwarded to the Bureau of Patrol, Patrol Services Division, State Police:
(1) Serial number of the electronic device.
(2) Work performed and date of same.
(3) Original complaint, if any.
(4) Actual repairs performed, if any.
(5) Amount of time taken to repair unit.
(6) Manufacturer's stock number of all equipment replaced.
(7) Total labor cost.
(8) Individual part prices for all equipment replaced.
(9) The name and address, class, serial number, and expiration date of the operator's license of the individual conducting the test. The testing individual shall also sign and date the maintenance work order. Maintenance performed must conform with Federal Communications Commission rules and regulations pertaining to radio location devices.
(c) Certificates of accuracy. These forms, provided by the Department, shall be filed for each moving RADAR or LIDAR device calibrated and tested.
(1) The original shall be filed at the State Police station.
(2) One duplicate copy shall be retained by the maintenance and calibration station for at least 2 years.
(3) One duplicate copy shall be forwarded to the Bureau of Patrol, Patrol Services Division, State Police.
(4) One duplicate copy shall accompany the electronic device.
(5) A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
(d) Moving RADAR and LIDAR calibration. Technical data forms provided by the Bureau of Patrol, Patrol Services Division, shall be filed for each device calibrated and tested.
(1) One original shall be forwarded to the Bureau of Patrol, Patrol Services Division, State Police.
(2) One duplicate copy shall be retained by the maintenance and calibration station for at least 2 years.
(3) A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
Subchapter C. SPEEDOMETERS § 105.33. Required equipment.
* * * * * (b) Periodic testing of speedometer testing equipment. Periodic testing of equipment shall be conducted as follows:
* * * * * (2) Forms. A form [provided] approved by the Department shall be completed by a certified speedometer inspection mechanic after each periodic test. The form shall be released to the State Police Inspection Station Supervisor or Department representatives, if verification of the test is necessary. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
§ 105.34. Manner of testing speedometers.
* * * * * (b) Forms. The following forms are required:
* * * * * (2) A Certificate of Speedometer Accuracy, a form [provided] approved by the Department, shall be completed after a speedometer test or repair and signed by the Department speedometer inspection mechanic. A copy of the certificate shall be kept on file at the [speedomoter] speedometer testing station for at least [2] 3 years. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
Subchapter D. ELECTRONIC DEVICES (NONRADAR) WHICH MEASURE ELAPSED TIME BETWEEN TWO SENSORS § 105.54. Calibration forms.
Certificates of accuracy, [provided] approved by the Department, shall be filed for electronic devices calibrated and tested as follows:
* * * * * (2) One duplicate copy shall be retained by the maintenance and calibration station for at least [2] 3 years.
* * * * * § 105.55. Testing forms.
Technical data forms, [provided] approved by the Department, shall be filed for electronic devices tested as follows:
* * * * * (2) One duplicate copy shall be retained by the maintenance and calibration station for at least [2] 3 years.
* * * * *
Subchapter E. STOPWATCHES § 105.75. Manner of testing.
* * * * * (b) Forms. Upon determining that a stopwatch is accurate, a stopwatch testing station shall issue a certificate of accuracy on a form [provided] approved by the Department. The certificate shall contain the date of the test and the signature of the person who conducted the test. The certificate shall be kept on file for at least [2] 3 years. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.
Subchapter F. ELECTRONIC DEVICES (NONRADAR) WHICH CALCULATE AVERAGE SPEED BETWEEN ANY TWO POINTS § 105.95. Manner of calibration and testing.
* * * * * (c) Calibration forms. Certificates of accuracy, [provided] approved by the Department, shall be filed for electronic devices calibrated and tested as follows:
* * * * * (2) One duplicate copy shall be retained by the maintenance and calibration station for at least [2] 3 years.
* * * * * (d) Testing forms. Technical data forms, [provided] approved by the Department, shall be filed for electronic devices tested as follows:
* * * * * (2) Two duplicate copies shall be retained by the maintenance and calibration station for at least [2] 3 years.
* * * * *
[Pa.B. Doc. No. 05-2316. Filed for public inspection December 16, 2005, 9:00 a.m.]
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