RULES AND REGULATIONS
Title 67—TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 105a ]
Automated Speed Enforcement Systems; Temporary Regulations
[49 Pa.B. 7410]
[Saturday, December 21, 2019]The Department of Transportation (Department) under the act of October 19, 2018 (P.L. 563, No. 86) (75 Pa.C.S. §§ 3368 and 3369 (relating to speed timing devices; and automated speed enforcement systems in active work zones)) (act), promulgates these temporary regulations pertaining to the certification and use of automated speed enforcement systems (systems), as set forth in Annex A.
Purpose
The purpose of this Chapter 105a (relating to automated speed enforcement systems—temporary regulations) is to set forth temporary regulations governing the certification and use of systems, including the approval, testing, certification and calibration of speed timing devices used in systems. Section 3369(h)(2) of 75 Pa.C.S. grants authority to the Department to promulgate temporary regulations for the certification and the use of systems.
Significant Provisions of the Temporary Rulemaking
The significant provisions of Chapter 105a include:
Sections 105a.1 and 105a.2 (relating to purpose; and definitions) set forth the purpose of the chapter and definitions, respectively. The definitions applicable to this temporary rulemaking are consistent with the definitions set forth in 75 Pa.C.S. §§ 3368 and 3369, except where there is a need to define a term not defined by statute.
Section 105a.3 (relating to system and speed timing device minimum requirements) establishes minimum requirements for systems and speed timing devices, including the requirements for the approval of speed timing devices utilized in systems. Notably, minimum requirements delineate several technical requirements that systems must possess to comply with the limitations and plain meaning of the act.
Section 105a.4 (relating to system and speed timing device use and certification) sets forth criteria for the use of systems, including speed timing devices used in systems, which includes system testing, certification and calibration consistent with existing law and the act.
Persons and Entities Affected
These temporary regulations are necessary to implement the act, which is premised on bringing positive safety improvements to all citizens. These temporary regulations will affect all motorists operating vehicles where a system is authorized by the act, and where motorists engage in conduct resulting in a warning or fine under 75 Pa.C.S. § 3369(c). Positive impacts to worker safety and the traveling public within authorized work zones and on specific highways identified by the act is anticipated. System administrators and system operators must comply with these temporary regulations in the use and operation of systems.
Fiscal Impact
Because this temporary rulemaking governs the use and calibration of systems and speed timing devices used in systems that will be utilized by a system operator or administrator selected under competitive procurements, fiscal impacts directly related to this temporary rulemaking will be borne as a portion of administrative costs to implement the program. Precise costs are difficult to ascertain. It is estimated that the Department will expend 100 employee hours (absorbed by current staff) to review each system submission to the Department.
Regulatory Review
Under 75 Pa.C.S. § 3369(h)(2)(ii), the Department is authorized to promulgate temporary regulations to facilitate the prompt implementation of the act. The temporary regulations adopted by the Secretary are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)).
It is hereby ordered that these temporary regulations shall be effective upon publication in Pennsylvania Bulletin, subject to the sunset provisions set forth as follows.
Sunset Provisions
No sunset date is established by the act. Under 75 Pa.C.S. § 3369(h)(1), the Department and the Pennsylvania Turnpike Commission are to establish a 5-year automated speed enforcement system program (program). These temporary regulations remain effective for the duration of the program; and so long as the use of systems is authorized. The Department will monitor the effectiveness of these temporary regulations.
Contact Person
The contact person for this regulation is Daniel P. Farley, PE, Section Chief, Bureau of Maintenance and Operations, Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120, (717) 783-0333.
YASSMIN GRAMIAN, PE,
Acting SecretaryFiscal Note: 18-482. 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 105a. AUTOMATED SPEED ENFORCEMENT SYSTEMS—TEMPORARY REGULATIONS Sec.
105a.1. Purpose. 105a.2. Definitions. 105a.3. System and speed timing device minimum requirements. 105a.4. System and speed timing device use and certification. § 105a.1. Purpose.
This chapter sets forth temporary regulations for the approval, testing, certification, calibration and use of automated speed enforcement systems, including speed timing devices used in automated speed enforcement systems, authorized by 75 Pa.C.S. §§ 3368 and 3369 (relating to speed timing devices; and automated speed enforcement systems in active work zones).
§ 105a.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Automated speed enforcement system—An electronic traffic sensor system that:
(1) is able to automatically detect vehicles exceeding the posted speed limit with a type of speed timing device; and
(2) produces a recorded image that shows:
(i) a clear and legible identification of only the vehicle's license plate;
(ii) location; and
(iii) date and time.
Speed timing device—As used in 75 Pa.C.S. § 3368 (relating to speed timing devices).
System—An automated speed enforcement system.
System device—A system or device used in a system, including a speed timing device.
System operator—A person who is responsible for operation of a system.
§ 105a.3. System and speed timing device minimum requirements.
(a) A system must automatically detect vehicles exceeding the posted speed limit with a type of speed timing device and produce a recorded image that shows:
(1) a clear and legible identification of only the vehicle's license plate;
(2) location; and
(3) date and time.
(b) Each speed timing device used in a system must be approved by the Department under 75 Pa.C.S. § 3368 (relating to speed timing devices). Approval under 75 Pa.C.S. § 3368 shall mean that the speed timing device used in a system has been published by the Department in the Pennsylvania Bulletin as meeting the following:
(1) the speed timing device is listed on the current Conforming Product List maintained by the National Highway Traffic Safety Administration, which is available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/docu ments/combined_cpl_august_15_2018_portrait_format.pdf, as such speed timing devices meet or exceed current technical specifications of the National Highway Traffic Safety Administration; or
(2) the speed timing device is tested and approved by an independent third party as capable of meeting the calibration standards of 67 Pa. Code § 105a.4 (relating to system and speed timing device use and certification) or the current technical specifications of the National Highway Traffic Safety Administration. These specifications for speed timing devices are available, as follows:
(i) Speed-Measuring Device Specifications: Down-the-Road RADAR Module, available at https://www.nhtsa. gov/sites/nhtsa.dot.gov/files/812266-downroadradarmodule.pdf.
(ii) Speed-Measuring Device Performance Specifications: Across-the-Road Radar Module, available at https://www.nhtsa.gov/DOT/NHTSA/Traffic%20Injury%20Control/Articles/Associated%20Files/810845.pdf.
(iii) LIDAR Speed-Measuring Device Performance Specifications, available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/809811-lidarspeedmeasuringdevice.pdf.
§ 105a.4. System and speed timing device use and certification.
(a) Minimum requirements. A system administrator and system operator must only use a system meeting the minimum requirements of § 105a.3 (relating to system and speed timing device minimum requirements).
(b) Proof of training. A system operator shall complete training offered by the manufacturer of the system, including training on any devices critical to the operation of the system, or the manufacturer's representative in the procedures for setting up, testing and operating a system. Upon completion of the training, the manufacturer or manufacturer's representative shall issue a signed certificate to the system device operator, which shall be admitted as evidence in any court proceeding for a violation involving a system device.
(c) Daily log. A system device operator shall fill out and sign a daily log for a system, which:
(1) states the date, time and location of the device setup;
(2) states that the system device operator successfully performed and the system device passed the self-tests specified by the manufacturer of the system device;
(3) shall be kept on file; and
(4) shall be admitted in any proceeding for a violation involving a system device.
(d) Annual calibration check. A system device shall undergo an annual calibration check performed by a calibration laboratory. As part of the annual calibration check, each speed timing device used in a system shall be calibrated and tested to meet one of the following standards:
(1) The Department's existing regulations at 67 Pa. Code §§ 105.1—105.95 (relating to mechanical, electrical and electronic speed-timing devices);
(2) The current technical specifications of the National Highway Traffic Safety Administration referenced above in § 105a.3(b); or
(3) The manufacturer's specifications and calibration standards for the speed timing device if an approved calibration laboratory confirms:
(i) the device meets the manufacturer's specifications and calibration standards; and
(ii) the device is accurate when field tested against a speed timing device approved under 67 Pa. Code §§ 105.1—105.95.
(e) Approved calibration laboratories. Approved calibration laboratories shall be the speed timing device calibration stations appointed by the Department under 67 Pa. Code §§ 105.1—105.95.
(f) Annual system inspection. An annual inspection of the system must be performed by an approved calibration laboratory to confirm through field testing that a system meets the manufacturer's specifications and the minimum requirements of § 105a.3. The annual system inspection may be conducted concurrent with an annual calibration check authorized under subsection (d).
(g) Certificates of calibration and inspection. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be kept on file and shall be admitted as evidence in any proceeding for a violation involving a system device. An approved calibration laboratory must also issue a certificate of annual system inspection confirming that a system meets the manufacturer's specifications and the minimum requirements of § 105a.3.
(h) Verification. The notice of violation must include written verification that the system was operating correctly at the time of the alleged violation and the date of the most recent inspection that confirms the system to be operating properly. A system administrator or system operator shall include the then-current certificates of calibration and inspection required under subsection (g) and the daily log required under subsection (c) with the written verification.
[Pa.B. Doc. No. 19-1892. Filed for public inspection December 20, 2019, 9:00 a.m.]
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