SB 542 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for schedule of convictions and points; in rules of the road in general, further providing for speed timing devices; and, in powers of department and local authorities, further providing for specific powers of department and local authorities.

PRINTER'S NO.    560

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 542
                                                 Session of
                                                   2025

     INTRODUCED BY SANTARSIERO, SCHWANK, KANE, TARTAGLIONE, KEARNEY,
        COLLETT, COSTA, BAKER, STEFANO, MUTH AND FLYNN, APRIL 4, 2025

     REFERRED TO TRANSPORTATION, APRIL 4, 2025


                                      AN ACT
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in licensing of drivers, further providing for
 3      schedule of convictions and points; in rules of the road in
 4      general, further providing for speed timing devices; and, in
 5      powers of department and local authorities, further providing
 6      for specific powers of department and local authorities.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     Section 1535(d) and (e) of Title 75 of the
10   Pennsylvania Consolidated Statutes are amended to read:
11   § 1535.    Schedule of convictions and points.
12      * * *
13      (d)    [Exception] Exceptions.--
14             (1)   This section does not apply to a person who was
15      operating a pedalcycle or an animal drawn vehicle.
16             (2)   If a speeding offense under section 3362 (relating
17      to maximum speed limits) is charged as a result of the use of
18      a device authorized under section 3368(c)(2)(ii) (relating to
19      speed timing devices), no points shall be assigned under
20      subsection (a) unless the speed recorded is 10 or more miles
 1      per hour in excess of the legal speed limit.
 2      (e)    Suspension of operating privilege.--In addition to other
 3   provisions of this title relating to the suspension or
 4   revocation of operating privileges, the department shall suspend
 5   for 15 days the operating privileges of any person who for a
 6   violation in an active work zone is convicted under:
 7             (1)   section 3361 where the department has received an
 8      accident report submitted pursuant to section 3751 (relating
 9      to reports by police); or
10             (2)   section 3362 [(relating to maximum speed limits)] by
11      exceeding the posted speed limit by 11 miles per hour or
12      more.
13   A conviction report received by the department which indicates
14   that the violation of section 3361 or 3362 occurred in an active
15   work zone shall create a presumption that the violation occurred
16   in an active work zone.
17      Section 2.     Section 3368(a), (c) and (e) of Title 75 are
18   amended and the section is amended by adding subsections to
19   read:
20   § 3368.    Speed timing devices.
21      (a)    Speedometers authorized.--The rate of speed of any
22   vehicle may be timed on any highway by a police officer using a
23   motor vehicle equipped with a speedometer[.], except as provided
24   in section 6109 (relating to specific powers of department and
25   local authorities). In ascertaining the speed of a vehicle by
26   the use of a speedometer, the speed shall be timed for a
27   distance of not less than three-tenths of a mile.
28      * * *
29      (c)    Mechanical, electrical and electronic devices
30   authorized.--

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 1        (1)   Except as otherwise provided in this section and in
 2    section 6109, the rate of speed of any vehicle may be timed
 3    on any highway by a police officer using a mechanical or
 4    electrical speed timing device.
 5        (2)   Except as otherwise provided in paragraph (3),
 6    electronic devices such as radio-microwave devices, commonly
 7    referred to as electronic speed meters or radar, or infrared
 8    laser light devices, commonly referred to as LIDAR, may be
 9    [used only as part of an automated speed enforcement system
10    or by members of the Pennsylvania State Police.] used:
11              (i)    As part of an automated speed enforcement
12        system.
13              (ii)    By members of the Pennsylvania State Police.
14              (iii)    Upon completion of a training course approved
15        by the Pennsylvania State Police and the Municipal Police
16        Officers' Education and Training Commission, by full-time
17        police officers employed by the full-service police
18        department of a political subdivision or regional police
19        department situate in a county of the first class, second
20        class, second class A or third class if official warning
21        signs indicating the use of these devices are erected
22        within 500 feet of the border of the political
23        subdivision on the main arteries entering that political
24        subdivision.
25        (3)   Electronic devices which calculate speed by
26    measuring elapsed time between measured road surface points
27    by using two sensors and devices which measure and calculate
28    the average speed of a vehicle between any two points may be
29    used by any police officer.
30        (4)   No person may be convicted upon evidence obtained

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 1    through the use of devices authorized by paragraphs (2) and
 2    (3) unless the speed recorded is six or more miles per hour
 3    in excess of the legal speed limit. Furthermore, no person
 4    may be convicted upon evidence obtained through the use of
 5    devices authorized by paragraph (2)(ii) or (3) in an area
 6    where the legal speed limit is less than 55 miles per hour if
 7    the speed recorded is less than ten miles per hour in excess
 8    of the legal speed limit. This paragraph shall not apply to
 9    evidence obtained through the use of devices authorized by
10    paragraph (2) or (3) within a school zone or an active work
11    zone.
12        (5)   Light detection and ranging devices, commonly
13    referred to as LIDAR, may be used only as part of an
14    automated speed enforcement system or by members of the
15    Pennsylvania State Police.
16        (6)   As used in this subsection, the following words and
17    phrases shall have the meanings given to them in this
18    paragraph unless the context clearly indicates otherwise:
19        "Full-service police department."     A local or regional
20    police department that:
21              (i)    is authorized by one or more political
22        subdivisions;
23              (ii)    provides 24-hour-per-day patrol and
24        investigative services; and
25              (iii)    reports activities monthly to the Pennsylvania
26        State Police in accordance with the Uniform Crime
27        Reporting Program.
28        "Full-time police officer."
29              (i)    An employee of a political subdivision or
30        regional police department who complies with all of the

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 1        following:
 2                    (A)   Is certified under 53 Pa.C.S. Ch. 21 Subch.
 3             D (relating to municipal police education and
 4             training).
 5                    (B)   Is empowered to enforce 18 Pa.C.S. (relating
 6             to crimes and offenses) and this title.
 7                    (C)   Is a regular full-time police officer under
 8             the act of June 15, 1951 (P.L.586, No.144), referred
 9             to as the Police Tenure Act, or works a minimum of
10             200 days per year.
11                    (D)   Is provided coverage by a police pension
12             plan under:
13                          (I)    the act of May 24, 1893 (P.L.129,
14                    No.82), entitled "An act to empower boroughs and
15                    cities to establish a police pension fund, to
16                    take property in trust therefor and regulating
17                    and providing for the regulation of the same";
18                          (II)    the act of May 22, 1935 (P.L.233,
19                    No.99), referred to as the Second Class City
20                    Policemen Relief Law;
21                          (III)    the act of May 29, 1956 (1955
22                    P.L.1804, No.600), referred to as the Municipal
23                    Police Pension Law;
24                          (IV)    the act of July 15, 1957 (P.L.901,
25                    No.399), known as the Optional Third Class City
26                    Charter Law; or
27                          (V)    the provisions of 11 Pa.C.S. Pt. V
28                    (relating to third class cities).
29             (ii)    The term does not include auxiliary, part-time
30        or fire police.

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 1      * * *
 2      (e)   Distance requirements for use of mechanical, electrical
 3   and electronic devices.--[Mechanical]
 4            (1)   Except as provided in paragraph (2), mechanical,
 5      electrical or electronic devices may not be used to time the
 6      rate of speed of vehicles within 500 feet after a speed limit
 7      sign indicating a decrease of speed. This limitation on the
 8      use of speed timing devices shall not apply to speed limit
 9      signs indicating school zones, bridge and elevated structure
10      speed limits, hazardous grade speed limits and work zone
11      speed limits.
12            (2)   Whenever radio-microwave speed timing devices or
13      infrared laser light devices are used by a local or regional
14      police officer of a political subdivision authorized under
15      subsection (c), the police officer must locate the vehicle
16      with the radio-microwave speed timing device or infrared
17      laser light device in a location that is not intentionally
18      concealed from the motoring public.
19      * * *
20      (g)   Local ordinance required to enforce.--
21            (1)   Prior to use of radio-microwave speed timing devices
22      or infrared laser light devices used for speed timing by
23      local or regional police officers of political subdivisions
24      authorized under subsection (c), the appropriate governing
25      body must adopt an ordinance authorizing the local or
26      regional police department to employ the devices on roads
27      within the boundaries of the governing body where a required
28      engineering and traffic study has been conducted and in
29      accordance with section 6109(a)(11) (relating to specific
30      powers of department and local authorities) to address

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 1      resident complaints or demonstrable traffic safety concerns,
 2      such as high crash rates or fatalities.
 3             (2)   During the initial 90 days of speed enforcement by a
 4      local or regional police department of a political
 5      subdivision authorized under subsection (c) using radio-
 6      microwave speed timing devices or infrared laser light
 7      devices, persons may only be sanctioned for violations with a
 8      written warning.
 9      (h)    Excess revenues.--The primary use of radar or LIDAR by
10   local or regional police officers of political subdivisions
11   authorized under subsection (c) is for traffic safety purposes.
12   Each local or regional police department that uses radar or
13   LIDAR shall report annually to the Pennsylvania State Police the
14   municipal revenue generated from speed enforcement citations on
15   forms as may be prescribed by the Pennsylvania State Police. In
16   the event the municipal share of revenue generated from speed
17   enforcement citations exceeds 5% of the total municipal budget
18   or 5% of the regional police department budget, all sums in
19   excess thereof shall be remitted to the Pennsylvania State
20   Police to be used for traffic safety purposes.
21      Section 3.     Section 6109(a)(11) of Title 75 is amended to
22   read:
23   § 6109.    Specific powers of department and local authorities.
24      (a)    Enumeration of police powers.--The provisions of this
25   title shall not be deemed to prevent the department on State-
26   designated highways and local authorities on streets or highways
27   within their physical boundaries from the reasonable exercise of
28   their police powers. The following are presumed to be reasonable
29   exercises of police power:
30             * * *

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 1        (11)     Enforcement of speed restrictions authorized under
 2    Subchapter F of Chapter 33[, except that] in accordance with
 3    the following:
 4               (i)    Except as provided in subparagraph (ii), speed
 5        restrictions may be enforced by [local police] full-time
 6        police officers employed by the full-service police
 7        department of a political subdivision or regional police
 8        department on a limited access or divided highway only if
 9        [it] this title authorizes enforcement and the highway is
10        patrolled by the local or regional police force under the
11        terms of an agreement with the Pennsylvania State Police.
12               (ii)    If this title authorizes speed restrictions to
13        be enforced by a police department of a city of the first
14        class, the restrictions may be enforced on limited access
15        or divided highways within the police department's
16        jurisdiction. An agreement with the Pennsylvania State
17        Police is not necessary under this subparagraph.
18        * * *
19    Section 4.       This act shall take effect in 120 days.




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