PRINTER'S NO. 495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 509
Session of
2025
INTRODUCED BY ROTHMAN, BROWN, FONTANA, SANTARSIERO, KANE,
PENNYCUICK, HUTCHINSON, BAKER, KEARNEY, STEFANO, SCHWANK,
LAUGHLIN, ROBINSON, MILLER AND FLYNN, MARCH 26, 2025
REFERRED TO TRANSPORTATION, MARCH 26, 2025
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, in general provisions, further providing for
3 definitions; in rules of the road in general, further
4 providing for maximum speed limits, providing for maximum
5 speed limits enforced by local law enforcement officers with
6 RADAR and further providing for speed timing devices; and
7 imposing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 102 of Title 75 of the Pennsylvania
11 Consolidated Statutes is amended by adding definitions to read:
12 § 102. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
16 used in this title shall have, unless the context clearly
17 indicates otherwise, the meanings given to them in this section:
18 * * *
19 "LIDAR." Speed-measuring equipment that determines target
20 range and speed based on the time-of-flight of laser light
1 pulses reflected off a target. The term includes equipment that
2 is used to gather, process and record images, as applicable, for
3 speed enforcement purposes, including an automated speed
4 enforcement system authorized under this title.
5 * * *
6 "Mechanical, electrical and electronic device." A device
7 other than LIDAR, RADAR or RADAR in motion that calculates the
8 rate of speed of any vehicle. The term includes a device that
9 determines speed by measuring elapsed time between measured road
10 surface points by using two sensors and devices which measure
11 and calculate the average speed of a vehicle between any two
12 points.
13 * * *
14 "RADAR." An electronic device that determines target range
15 and speed based on radio microwaves reflected off a target from
16 a stationary point. The term includes an automated speed
17 enforcement system as authorized under this title.
18 "RADAR in motion." An electronic device that determines
19 target range and speed based on radio microwaves reflected off a
20 target and operated when the motor vehicle is in motion.
21 * * *
22 "Speedometer." The speed meter on the dashboard of a motor
23 vehicle operated by a police officer to determine the speed of a
24 vehicle.
25 * * *
26 Section 2. Section 3362(c) of Title 75 is amended by adding
27 paragraphs and the section is amended by adding a subsection to
28 read:
29 § 3362. Maximum speed limits.
30 * * *
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1 (c) Penalty.--
2 * * *
3 (3) (i) A person may not be convicted upon evidence
4 obtained through the use of LIDAR, a mechanical,
5 electrical and electronic device, RADAR or RADAR in
6 motion:
7 (A) Unless the speed recorded is 10 or more
8 miles per hour in excess of the legal speed limit.
9 (B) When the legal speed limit exceeds 55 miles
10 per hour, unless the speed recorded is six or more
11 miles per hour in excess of the legal speed limit.
12 (ii) This paragraph shall not apply to evidence
13 obtained through the use of LIDAR, a mechanical,
14 electrical and electronic device, RADAR or RADAR in
15 motion within a school zone or an active work zone.
16 (4) A person may not be convicted upon evidence obtained
17 through the use of LIDAR, a mechanical, electrical and
18 electronic device, RADAR or RADAR in motion to time the rate
19 of speed of vehicles within 500 feet after a speed limit sign
20 indicating a decrease in speed. This limitation shall not
21 apply to a speed limit sign indicating a school zone, bridge
22 and elevated structure speed limit, hazardous grade speed
23 limit and work zone speed limit.
24 (d) Enforcement.--This section may be enforced by any of the
25 following:
26 (1) A member of the Pennsylvania State Police using
27 LIDAR, a mechanical, electrical and electronic device, RADAR,
28 RADAR in motion or a speedometer.
29 (2) A local law enforcement officer, as defined under
30 section 3362.1(g) (relating to maximum speed limits enforced
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1 by local law enforcement officers with RADAR), using a
2 mechanical, electrical and electronic device or speedometer.
3 (3) A police officer of the Delaware River Port
4 Authority on a highway under the jurisdiction of the Delaware
5 River Port Authority using a mechanical, electrical and
6 electronic device, RADAR or a speedometer. Before RADAR can
7 be used, the police officer must complete training under
8 section 3362.1(b)(2).
9 Section 3. Title 75 is amended by adding a section to read:
10 § 3362.1. Maximum speed limits enforced by local law
11 enforcement officers with RADAR.
12 (a) Use of RADAR.--
13 (1) A local law enforcement officer may use RADAR to
14 determine the lawful speed of vehicles on local highways.
15 (2) A local law enforcement officer may use RADAR to
16 determine the lawful speed of vehicles on State highways if
17 authorization is provided by a Commonwealth agency.
18 (b) Speed enforcement restrictions.--
19 (1) Prior to the use of RADAR by a local law enforcement
20 officer in a municipality, the municipality, or each
21 municipality of a regional police department, must adopt an
22 ordinance authorizing the use of RADAR within the boundaries
23 of the municipality.
24 (2) A local law enforcement officer must complete a
25 training course approved by the Pennsylvania State Police and
26 the Municipal Police Officers' Education and Training
27 Commission prior to using RADAR.
28 (3) A local law enforcement officer must be in a clearly
29 marked law enforcement vehicle in a location that is readily
30 visible to the motoring public while using RADAR.
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1 (4) In accordance with department regulations, not fewer
2 than four official traffic-control devices, including warning
3 signs indicating the use of RADAR, shall be erected within
4 500 feet of the border of a municipality on not fewer than
5 four highways entering the municipality prior to a local law
6 enforcement officer using RADAR within the municipality's
7 boundaries.
8 (5) The primary use of RADAR shall be for purposes of
9 traffic safety. The following shall apply to citations:
10 (i) A political subdivision, regional police
11 department or agency of the Commonwealth may not order,
12 mandate, require or in any other manner, directly or
13 indirectly, suggest to a local law enforcement officer to
14 issue a certain number of citations under this subchapter
15 on a daily, weekly, monthly, quarterly or yearly basis.
16 (ii) The prohibition under subparagraph (i) shall
17 not affect the conditions of a Federal or State grant or
18 money awarded to a political subdivision, regional police
19 department or agency of the Commonwealth and used to fund
20 traffic enforcement programs.
21 (c) Speed limits.--A driver may not operate a vehicle at a
22 speed in excess of the following maximum limits:
23 (1) Thirty-five miles per hour in an urban district.
24 (2) Sixty-five miles per hour or 70 miles per hour for a
25 vehicle on a freeway where the posted speed limit is 65 miles
26 per hour or 70 miles per hour.
27 (3) Twenty-five miles per hour in a residence district
28 if the highway:
29 (i) Is not a numbered traffic route.
30 (ii) Is functionally classified by the department as
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1 a local highway.
2 (4) Fifty-five miles per hour in any other location.
3 (5) Any other maximum speed limit established under this
4 subchapter.
5 (d) Posting of speed limits.--
6 (1) A maximum speed limit established under subsection
7 (c)(1), (3) or (5) shall not be effective unless posted on
8 fixed or variable official traffic-control devices in
9 accordance with regulations adopted by the department.
10 (2) A maximum speed limit established under subsection
11 (c)(2) shall not be effective unless posted on fixed or
12 variable official traffic-control devices erected after each
13 interchange on the portion of a highway on which the speed
14 limit is in effect and at other locations determined by the
15 department or the Pennsylvania Turnpike Commission, as
16 appropriate.
17 (e) Penalty.--
18 (1) A person violating this section commits a summary
19 offense and shall, upon conviction, be sentenced to pay a
20 fine of:
21 (i) $42.50 for violating a maximum speed limit of 65
22 miles per hour or higher; or
23 (ii) $35 for violating any other maximum speed
24 limit.
25 (2) A person exceeding the maximum speed limit by more
26 than five miles per hour shall pay an additional fine of $2
27 per mile for each mile in excess of five miles per hour over
28 the maximum speed limit.
29 (3) A violation of this section based upon evidence
30 obtained through RADAR shall result in the penalties provided
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1 in this subsection and shall not be deemed a criminal
2 conviction or considered cause for the issuance of points
3 under section 1535 (relating to schedule of convictions and
4 points).
5 (4) Notwithstanding sections 6322 (relating to reports
6 by issuing authorities) and 6323 (relating to reports by
7 courts), an issuing authority or court may not report a
8 violation of this section based upon evidence obtained
9 through the use of RADAR to the department.
10 (5) During the initial 90 days of speed enforcement
11 using RADAR following adoption of the ordinance under
12 subsection (b)(1), a person may only be sanctioned for a
13 violation with a written warning.
14 (6) (i) A person may not be convicted upon evidence
15 obtained through the use of RADAR:
16 (A) Unless the speed recorded is 10 or more
17 miles per hour in excess of the legal speed limit.
18 (B) When the legal speed limit exceeds 55 miles
19 per hour, unless the speed recorded is six or more
20 miles per hour in excess of the legal speed limit.
21 (ii) This paragraph shall not apply to evidence
22 obtained through the use of RADAR within a school zone or
23 an active work zone.
24 (7) A person may not be convicted upon evidence obtained
25 through the use of RADAR to time the rate of speed of
26 vehicles within 500 feet after a speed limit sign indicating
27 a decrease in speed. This limitation shall not apply to a
28 speed limit sign indicating a school zone, bridge and
29 elevated structure speed limit, hazardous grade speed limit
30 and work zone speed limit.
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1 (f) Revenue limit.--
2 (1) The following apply to a municipality that adopts an
3 ordinance under subsection (b)(1) authorizing the use of
4 RADAR within the boundaries of the municipality:
5 (i) In the calendar year in which the municipality
6 adopts the ordinance, the sum of fines that the
7 municipality may retain for violations of this section
8 and section 3362 (relating to maximum speed limits) shall
9 be no more than an amount equal to 101% of the fines the
10 municipality received for violations of section 3362 in
11 the calendar year immediately preceding the adoption of
12 the ordinance.
13 (ii) In the calendar year after the municipality
14 adopts the ordinance, and each calendar year thereafter,
15 the sum of fines the municipality may retain for
16 violations of this section and section 3362 shall be no
17 more than an amount equal to 101% of the sum of fines the
18 municipality was permitted to retain for violations of
19 this section and section 3362 in the preceding calendar
20 year.
21 (2) By February 1 of the calendar year after a
22 municipality adopts an ordinance under subsection (b)(1)
23 authorizing a local police department to use RADAR, and each
24 February 1 thereafter for as long as the ordinance remains in
25 effect, a municipality shall certify to the department the
26 fines the municipality received in the prior calendar year
27 for violations of this section and section 3362. If the sum
28 of fines received for violations of this section and section
29 3362 in the prior calendar year exceeds the amount the
30 municipality was permitted to retain under paragraph (1), the
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1 municipality shall remit the excess amount to the department
2 for deposit into the Motor License Fund.
3 (3) The Department of the Auditor General shall audit
4 fines received by municipalities for violations of this
5 section and section 3362 and amounts remitted to the
6 department under paragraph (2) to ensure compliance with this
7 subsection. The following shall apply regarding audits:
8 (i) An audit shall be conducted yearly and shall
9 audit municipalities selected at random by the Department
10 of the Auditor General.
11 (ii) The Department of the Auditor General shall
12 have access to all documents it deems necessary to
13 complete an audit.
14 (iii) If the Department of the Auditor General
15 determines that a municipality remitted less than the
16 amount required under paragraph (2) in any of the most
17 recent 10 calendar years, the department shall deduct an
18 amount equal to 200% of the amount that the municipality
19 did not remit from the next payment to the municipality
20 under section 9502(a)(2)(v) (relating to imposition of
21 tax).
22 (g) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection unless the context clearly indicates otherwise:
25 "Local law enforcement officer." An employee of a local
26 police department who is empowered to enforce 18 Pa.C.S.
27 (relating to crimes and offenses) and this title. The term does
28 not include a Pennsylvania State Police officer, constable,
29 sheriff or a deputy, fire police, transit police, airport
30 police, park ranger, university or college police game warden,
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1 fish commission officer or railroad police.
2 "Local police department." A municipal or regional police
3 department that:
4 (1) is authorized by one or more municipalities;
5 (2) provides patrol and investigative services; and
6 (3) reports its activities monthly to the Pennsylvania
7 State Police in accordance with the Pennsylvania Uniform
8 Crime Reporting System as defined in section 502 of the act
9 of November 29, 2004 (P.L.1383, No.180), known as the Uniform
10 Crime Reporting Act.
11 Section 4. Section 3368(c), (d), (e) and (f) of Title 75 are
12 amended to read:
13 § 3368. Speed timing devices.
14 * * *
15 (c) [Mechanical, electrical and electronic devices
16 authorized.--
17 (1) Except as otherwise provided in this section, the
18 rate of speed of any vehicle may be timed on any highway by a
19 police officer using a mechanical or electrical speed timing
20 device.
21 (2) Except as otherwise provided in paragraph (3),
22 electronic devices such as radio-microwave devices, commonly
23 referred to as electronic speed meters or radar, may be used
24 only as part of an automated speed enforcement system or by
25 members of the Pennsylvania State Police.
26 (3) Electronic devices which calculate speed by
27 measuring elapsed time between measured road surface points
28 by using two sensors and devices which measure and calculate
29 the average speed of a vehicle between any two points may be
30 used by any police officer.
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1 (