CHAPTER 105. MECHANICAL, ELECTRICAL AND
ELECTRONIC SPEED-TIMING DEVICES
ELECTRONIC SPEED-TIMING DEVICES
| Subchap. | Sec. |
A. GENERAL PROVISIONS … 105.1
B. ELECTRONIC DEVICES (RADAR) … 105.11
C. SPEEDOMETERS … 105.31
D. ELECTRONIC DEVICES (NONRADAR) WHICH MEASURE ELAPSED TIME BETWEEN TWO SENSORS … 105.51
E. STOPWATCHES … 105.71
F. ELECTRONIC DEVICES (NONRADAR) WHICH CALCULATE
AVERAGE SPEED BETWEEN ANY TWO POINTS … 105.91
The provisions of this Chapter 105 issued under the Vehicle Code, 75 Pa.C.S. § § 3368 and 6103, unless otherwise noted.
The provisions of this Chapter 105 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; compiled and republished August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199, unless otherwise noted.
The Department has reclassified VASCAR as an electronic speed-timing (non-radar) device and approved its use by any police officer. Commonwealth v. Smolow, 527 A.2d 131 (Pa. Super. 1987). (Court cited 16 Pa.B. 3160 (August 23, 1986).)
Local police were justified in using the VASCAR-plus device, since this and an earlier regulation consistently classified the device as electrical-mechanical, and the burden therefore was on appellant to provide expert or scientific evidence from which the trial court could determine whether the device was electronic or electrical. Commonwealth v. Smolow, 527 A.2d 131 (Pa. Super. 1987). (Court cited 15 Pa.B. 321 (January 26, 1985).)
Subchapter A. GENERAL PROVISIONS
Sec.
105.1. Purpose.
§ 105.1. Purpose.
This chapter governs the calibrating and testing of mechanical, electrical and electronic speed-timing devices by stations appointed by the Department.
The provisions of this § 105.1 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051. Immediately preceding text appears at serial page (111301).
Subchapter B. ELECTRONIC DEVICES (RADAR)
Sec.
105.11. [Reserved].
105.12. [Reserved].
105.12a. Application of subchapter.
105.13. Operation of maintenance and calibration stations.
105.14. Required equipment.
105.15. Calibration and testing procedure.
The provisions of this Subchapter B amended through January 14, 1982, effective January 16, 1982, 12 Pa.B. 299, unless otherwise noted. Immediately preceding text appears at serial pages (56472) to (56477) and (56480) to (56482).
Since the former PennDot regulation, 67 Pa. Code § 337.25, classifying ESP Machine (utilizes two sensors taped across street, connected to processing and display unit, to measure vehicle speed) as an electrical or mechanical device, rather than electronic device, was an interpretive rather than legislative regulation, the Court was not bound thereby, the court concluded that the ESP Machine was an electronic device which could not be used by local police. Commonwealth v. DePasquale, 501 A.2d 626 (Pa. 1985).
§ 105.11. [Reserved].
The provisions of this § 105.11 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended November 9, 1979, effective November 10, 1979, 9 Pa.B. 3748; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2162; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial pages (68566) to (68567).
§ 105.12. [Reserved].
The provisions of this § 105.12 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended December 1, 1978, effective December 2, 1978, 8 Pa.B. 3439; amended August 24, 1979, effective August 25, 1979, 9 Pa.B. 2893; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial page (68567).
This subchapter governs the calibration and testing of electronic devices—RADAR—for use only by members of the State Police, under 75 Pa.C.S. § 3368(c)(2) (relating to speed timing devices).§ 105.12a. Application of subchapter.
The provisions of this § 105.13 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended December 30, 1977, effective December 31, 1977, 7 Pa.B. 2982; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122744) to (122745).
Commonwealth’s reliance solely upon certificate of accuracy and calibration to prove that speed-timing device had been approved by Department was insufficient to establish element of speeding offense. Commonwealth v. Kittelberger, 616 A.2d (Pa. Super. 1992).
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 approved by the Communications Division, State Police is acceptable:
(1) Power supply—Hewlett Packard Model 6177C.
(2) Frequency counter—Hewlett Packard Model 5314A.
(3) Power Meter and Thermistor Mounts—Hewlett Packard Models 432A, X486A and K486A.
(4) Multimeter—Hewlett Packard Model 410C.
(5) AC Voltmeter—Hewlett Packard Model 400D or Leader Model LMV-181A.
(6) Function Generator—Hewlett Packard Model 3311A.
(7) Variable Attenuators—Hewlett Packard Models X382A and K382A.
(8) RF Absorption Chamber—See Appendix A, Figure 1.
(9) Frequency Counter—Hewlett Packard Models 5342A or 5343A.
(10) Calibrated Antennas—Narda Models 638 and 640.
(11) Coaxial Adapters—Narda Models 4601 and 4608B.
(12) Pin Diode Switch—General Microwave F9114.
(13) Microphone—Electrovoice 631A.
(14) 4 Watt HF or VHF—AM Modulated Signal Source.
(15) Base Loaded Whip Antenna Tuned to paragraph (14).§ 105.14. Required equipment.
The provisions of this § 105.15 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; corrected September 2, 1977, effective August 27, 1977, 7 Pa.B. 2564; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2310; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2310; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended June 18, 1982, effective June 19, 1982, 12 Pa.B. 1875; corrected June 29, 1984, effective January 16, 1982, 14 Pa.B. 2267; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640; amended July 31, 1998, effective August 1, 1998, 28 Pa.B. 3588. Immediately preceding text appears at serial pages (218210) to (218214).
Subchapter C. SPEEDOMETERS
Sec.
105.31. Appointment of speedometer testing station.
105.32. Operation of speedometer testing station.
105.33. Required equipment.
105.34. Manner of testing speedometers.
105.35. [Reserved].
§ 105.31. Appointment of speedometer testing station.
(a) Application. Application for appointment as a speedometer testing station shall be made on a form provided by the Department.
(b) Applicant. Every applicant shall be at least 18 years of age.
(c) Place of business. Every applicant shall have an established place of business properly equipped to conduct speedometer tests and repairs.
The provisions of this § 105.31 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122753).
(a) Testing and repair. Testing and repair of speedometers shall be provided, as necessary, upon notice by the police.
(b) Hours. Speedometer testing stations shall be operated during a regular work week, Monday through Friday during the hours of 8 a.m. to 5 p.m.
(c) Personnel. A speedometer testing station shall employ at least one speedometer inspection mechanic certified as follows:
(1) Application for certification shall be made on a form provided by the Department.
(2) The applicant shall present proof of education or experience in the testing and repair of speedometers.
(3) The applicant shall be at least 18 years of age.
(d) Location. Speedometer testing and repair shall take place at approved speedometer testing station, except that:
(1) When absolutely necessary, it is permissible to delegate the functions to another approved speedometer testing station. The delegation, including the name and address of the other station, shall be kept on file for 1 year.
(2) Upon approval of the Department, a speedometer testing station may operate one or more mobile test units of a type approved by the Department.§ 105.32. Operation of speedometer testing station.
The provisions of this § 105.32 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122754).
(a) Items. The following items of equipment are required for the operation of a speedometer testing station:
(1) Sufficient hand tools to make needed repairs or adjustments.
(2) A dynamometer of a type approved by the Department.
(3) A Speed-Master Quartz Speedometer Tester.
(4) A 650-H-1 Stewart-Warner Speedometer Calibrator.
(i) One flexible shaft 108 inches in length to reach from the calibrator to the vehicle transmission or speedometer head.
(ii) Two 12-inch flexible shafts to fit Chrysler speedometer.
(iii) One 12-inch flexible shaft to fit Ford speedometer.
(iv) One 12-inch flexible shaft to fit older speedometers with 5/8-18 male thread.
(v) One 757-AD Stewart-Warner strobetachometer, to be used with a fluorescent light using 60 cycle alternating current voltage.
(vi) One 312-12175y S. S. White-Mile-O-Meter revolution counter.
(b) Periodic testing of speedometer testing equipment. Periodic testing of equipment shall be conducted as follows:
(1) Interval. Speedometer testing equipment shall be tested and adjusted for accuracy at least once every 60 days.
(2) Forms. A form provided 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.§ 105.33. Required equipment.
The provisions of this § 105.33 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122754) to (122755).
(a) Accuracy. A test speedometer shall be tested for accuracy and, if necessary, repaired and adjusted to obtain the greatest possible degree of accuracy. Testing shall include one of the following:
(1) A dynamometer test.
(2) A Speed-Master Quartz Speedometer Tester.
(3) A Stewart-Warner Speedometer Calibrator and required components.
(i) It will be necessary to have a measured or surveyed mile laid out and properly marked. If less than a mile, use Table 1:
Table 1 (ii) Check the tires on the test vehicle for proper inflation.
(iii) Disconnect the speedometer cable from the back of the speedometer in the vehicle.
(A) Connect the speedometer cable to the counter. (S. S. White Mile-O-Meter).
(B) Place the vehicle rear wheel centered on line at the beginning of the measured course.
(C) Set the counter of the Mile-O-Meter to zero.
(D) Drive the vehicle over the measured course.
(E) Read the counter and compare it with Table 1.
(F) Establish degree or percent of error. In a given measured mile, there should be 1000 cable revolutions. The input speed is slow if less than 1,000. The input speed is fast if more than 1,000.
(iv) Disconnect the counter from the speedometer cable on the vehicle.
(A) Use the long flexible shaft from the calibrator with the proper 12-inch shaft that permits adopting to fit speedometer head in the vehicle.
(B) Proceed to check the speedometer in the vehicle against the master head on the calibrator at 10 mph increments, beginning at 10 to 100 mph, and record the proper information.
(v) Disconnect the calibrator flexible shaft from the rear of the speed head in the vehicle and connect the shaft in the vehicle to the speedometer head in same. The speedometer head in the vehicle being tested can also be tested by disconnecting the flexible shaft at the transmission and connecting it to the long flexible shaft from the calibrator. Then proceed as in subparagraph (iv)(B).
(vi) Information indicated above is based on United States standard of 1,000 cable revolutions per minute = 60 mph or 96 kilometers per hour.
(4) An examination of the speedometer cables to insure that they work freely and without defect or restriction.
(b) Forms. The following forms are required:
(1) A speedometer testing station shall permanently display a valid Certificate of Appointment, provided by the Department.
(2) A Certificate of Speedometer Accuracy, a form provided 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 testing station for at least 2 years. 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.
1 mile or 5,280 feet = 1000 cable revolutions
1/2 mile or 2,640 feet = 500 cable revolutions
1/10 mile or 528 feet = 100 cable revolutions
The provisions of this § 105.34 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122755) to (122756).
§ 105.35. [Reserved].
The provisions of this § 105.35 adopted June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; amended January 26, 1979, effective January 27, 1979, 9 Pa.B. 346; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended September 2, 1983, effective September 3, 1983, 13 Pa.B. 2705; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4021; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial pages (83717) to (83722).
Subchapter D. ELECTRONIC DEVICES (NONRADAR) WHICH
MEASURE ELAPSED TIME BETWEEN TWO SENSORS
MEASURE ELAPSED TIME BETWEEN TWO SENSORS
Sec.
105.51. [Reserved].
105.52. [Reserved].
105.52a. Application of subchapter.
105.53. Operation of maintenance and calibration stations.
105.54. Calibration forms.
105.55. Testing forms.
105.56. Manner of calibration and testing.
Since the former PennDot regulation, 67 Pa. Code § 337.25, classifying ESP Machine (utilizes two sensors taped across street, connected to processing and display unit, to measure vehicle speed) as an electrical or mechanical device, rather than electronic device was an interpretive rather than legislative regulation, the Court was not bound thereby, the court concluded that the ESP Machine was an electronic device which could not be used by local police. Commonwealth v. DePasquale, 501 A.2d 626 (Pa. 1985).
§ 105.51. [Reserved].
The provisions of this § 105.51 adopted June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; amended December 15, 1978, effective December 16, 1978, 8 Pa.B. 3578; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1632; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 12, 1982, effective November 13, 1982, 12 Pa.B. 3946; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial page (83723).
§ 105.52. [Reserved].
The provisions of this § 105.52 adopted June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; amended December 15, 1978, effective December 16, 1978, 8 Pa.B. 3578; amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3324; amended January 11, 1980, effective January 12, 1980, 10 Pa.B. 131; amended May 10, 1980, effective May 17, 1980, 10 Pa.B. 1980; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2162; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended October 17, 1980, effective October 18, 1980, 10 Pa.B. 4101; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended May 28, 1982, effective May 29, 1982, 12 Pa.B. 1698; amended November 12, 1982, effective November 13, 1982, 12 Pa.B. 3946; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; amended September 2, 1983, effective September 3, 1983, 13 Pa.B. 2705; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4021; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial pages (83723) to (83724).
This subchapter governs the calibrating and testing of electronic devices—nonradar—which measure elapsed time between two sensors, for use by a police officer, under 75 Pa.C.S. § 3368(c)(3) (relating to speed timing devices).§ 105.52a. Application of subchapter.
The provisions of this § 105.52a adopted August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122758).
(a) Maintenance and calibration. Maintenance and calibration of electronic devices governed by this subchapter shall be provided, as necessary, upon request by local police.
(b) Hours. Stations for the maintenance and calibration of electronic devices shall be operated during a regular work week, Monday through Friday during the hours of 8 a.m. to 5 p.m.
(c) Personnel. A station for the maintenance and calibration of electronic devices shall employ on a full-time basis:
(1) An electrical engineer or metrologist.
(2) An associate engineer, associate metrologist or technician.
(d) Presumption of accuracy. Either the electrical engineer, associate engineer, metrologist, associate metrologist or technician shall be present at the time the test is conducted. The certification that the electronic speed-timing device has been tested and found to be accurate shall create a presumption that the requirements of this subsection have been fulfilled.
(e) Damage to or loss of device. The station for the maintenance and calibration of electronic devices is responsible for damages or losses of electronic devices while they are being serviced or calibrated.
(f) Malfunctioning devices. A malfunctioning electronic device shall be returned to the manufacturer or to a service center approved by the manufacturer and tagged with the date tested, the serial number of the device and a notation of the general condition of the device.
(g) Location. Electronic testing and repair shall take place at an approved electronic testing station, except that, upon approval of the Department, an electronic testing station may operate mobile test units of a type approved by the Department.§ 105.53. Operation of maintenance and calibration stations.
The provisions of this § 105.53 adopted June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122758).
Certificates of accuracy, provided by the Department, shall be filed for electronic devices calibrated and tested as follows:
(1) Original and duplicate shall accompany electronic device.
(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.§ 105.54. Calibration forms.
The provisions of this § 105.54 adopted June 23, 1978, effective June 24, 1978, 8 Pa.B. 1692; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122758) to (122759).
Technical data forms, provided by the Department, shall be filed for electronic devices tested as follows:
(1) One original shall accompany the electronic device.
(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.§ 105.55. Testing forms.
The provisions of this § 105.56 adopted December 15, 1978, effective December 16, 1978, 8 Pa.B. 3578; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1632; amended November 2, 1979, effective November 3, 1979, 9 Pa.B. 3652; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4273; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640; amended August 9, 1996, effective August 10, 1996, 26 Pa.B. 3833. Immediately preceding text appears at serial pages (218221) to (218224).
Subchapter E. STOPWATCHES
Sec.
105.71. Approved stopwatches.
105.72. Equipment approval procedure.
105.73. Appointment of stopwatch testing stations.
105.74. Required equipment.
105.75. Manner of testing.
105.76. [Reserved].
§ 105.71. Approved stopwatches.
The following types of stopwatches are approved by the Department for use in timing the rate of speed of vehicles:
(1) Mechanical stopwatches. A mechanical stopwatch shall comply with the following standards:
(i) The face shall be fully graduated, with minimum graduations of 1/5 second.
(ii) The stopwatch shall be accurate to the equivalent of plus or minus 15 seconds per 24-hour period.
(2) Electronic stopwatches. An electronic stopwatch shall comply with the following standards:
(i) The common crystal frequency shall be 32,768 Hz with a measured frequency within plus or minus 3 Hz, or approximately .01% of the standard frequency.
(ii) The stopwatch shall be accurate to the equivalent of plus or minus 9 seconds per 24-hour period.
The provisions of this § 105.71 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051. Immediately preceding text appears at serial pages (111322) to (111323).
This section cited in 67 Pa. Code § 105.72 (relating to equipment approval procedure); and 67 Pa. Code § 105.94 (relating to required equipment).
To obtain approval of a type of stopwatch, a laboratory report indicating that the type of stopwatch has been tested in accordance with this subchapter and meets the standards in § 105.71 (relating to approved stopwatches) shall be submitted to the Bureau of Motor Vehicles, Vehicle Control Division, Post Office Box 8697, Harrisburg, Pennsylvania 17105.§ 105.72. Equipment approval procedure.
The provisions of this § 105.72 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122766).
A facility capable of testing the accuracy of a stopwatch and capable of making adjustments to assure the accuracy of a stopwatch may, upon application to the Bureau, be appointed as a stopwatch testing station.§ 105.73. Appointment of stopwatch testing stations.
The provisions of this § 105.73 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051. Immediately preceding text appears at serial page (111323).
(a) Stopwatch testing stations appointed to test mechanical stopwatches shall have at least one ‘‘Watch Master,’’ vibrograf MU 700, or similar device.
(b) Stopwatch testing stations appointed to test electronic stopwatches shall have at least one digital counter of at least 1 part in 106 accuracy or vibrograf models MU700 or M80. The counter accuracy shall be traceable to the National Bureau of Standards.§ 105.74. Required equipment.
The provisions of this § 105.74 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051. Immediately preceding text appears at serial page (111323).
(a) Test.
(1) A mechanical stopwatch shall be tested with a ‘‘Watch Master’’ or similar device.
(2) An electronic stopwatch shall be tested by measuring the frequency of crystal between the common terminal at the base of the battery and the test point or output terminal on the crystal, with a digital counter of at least 1 part in 106 accuracy. The counter accuracy shall be traceable to the National Bureau of Standards. Note: Plus or minus 1 Hz is plus or minus 3 seconds in 24 hours; plus or minus 2 Hz is plus or minus 6 seconds in 24 hours; plus or minus 3 Hz is plus or minus 9 seconds in 24 hours.
(b) Forms. Upon determining that a stopwatch is accurate, a stopwatch testing station shall issue a certificate of accuracy on a form provided 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 years. A duplicate copy, executed and signed in the same manner as the original, has the same force and effect as the original.§ 105.75. Manner of testing.
The provisions of this § 105.75 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2422; amended August 18, 1978, effective August 19, 1978, 8 Pa.B. 2311; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122767).
§ 105.76. [Reserved].
The provisions of this § 105.76 adopted October 27, 1978, effective October 28, 1978, 8 Pa.B. 2918; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 172; amended July 20, 1979, effective July 21, 1979, 9 Pa.B. 2401; amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3324; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2162; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4021; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial pages (85977) to (85978), (86615) to (86616) and (85979) to (85983).
Subchapter F. ELECTRONIC DEVICES (NONRADAR) WHICH
CALCULATE AVERAGE SPEED BETWEEN ANY TWO POINTS
CALCULATE AVERAGE SPEED BETWEEN ANY TWO POINTS
Sec.
105.91. [Reserved].
105.92. [Reserved].
105.92a. Application of subchapter.
105.93. Operation of maintenance and calibration stations.
105.94. Required equipment.
105.95. Manner of calibration and testing.
The provisions of this Subchapter F adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119, unless otherwise noted. Immediately preceding text appears at serial pages (87719) to (87720) and (71201) to (71203).
§ 105.91. [Reserved].
The provisions of this § 105.91 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial page (83725).
§ 105.92. [Reserved].
The provisions of this § 105.92 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended October 17, 1980, effective October 18, 1980, 10 Pa.B. 4101; amended December 19, 1980, effective December 20, 1980, 10 Pa.B. 4732; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 299; amended May 28, 1982, effective May 29, 1982, 12 Pa.B. 1698; amended November 12, 1982, effective November 13, 1982, 12 Pa.B. 3946; amended November 19, 1982, effective November 20, 1982, 12 Pa.B. 3983; amended September 2, 1983, effective September 3, 1983, 13 Pa.B. 2704; amended December 30, 1983, effective December 31, 1983, 13 Pa.B. 4021; reserved March 30, 1984, effective March 31, 1984, 14 Pa.B. 1089. Immediately preceding text appears at serial page (83725) to (83726).
This subchapter governs the calibration and testing of electronic devices—nonradar—which calculate the average speed between any two points, for use by a police officer, under 75 Pa.C.S. § 3368(c)(3) (relating to speed timing devices).§ 105.92a. Application of subchapter.
The provisions of this § 105.92a adopted August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial page (122768).
(a) Maintenance and calibration. Maintenance and calibration of electronic devices governed by this subchapter shall be provided, as necessary, upon request by State or local police.
(b) Hours. Stations for the maintenance and calibration of electronic devices shall be operated during a regular work week, Monday through Friday during the hours of 8 a.m. to 5 p.m.
(c) Personnel. A station for the maintenance and calibration of electronic devices shall employ on a full-time basis:
(1) An electrical engineer or metrologist.
(2) An associate engineer, associate metrologist or technician.
(d) Certification of accuracy. Either the electrical engineer, associate engineer, metrologist, associate metrologist or technician shall be present at the time that the testing is conducted. The certification that the electronic speed-timing device has been tested and found to be accurate creates a presumption that the requirements of this subsection have been fulfilled.
(e) Malfunctioning devices. Malfunctioning electronic devices shall be returned to the manufacturer or to a service center approved by the manufacturer and tagged with the date tested, the serial number of the device and a notation of the general condition of the device.
(f) Damage to or loss of device. The station for the maintenance and calibration of electronic devices is responsible for damages or losses of the devices while they are being serviced or calibrated.
(g) Location. Electronic testing and repair shall take place at an approved electronic testing station, except that, upon approval of the Department, an electronic testing station may operate mobile test units of a type approved by the Department.§ 105.93. Operation of maintenance and calibration stations.
The provisions of this § 105.93 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122768) to (122769).
The following equipment is required for the operation of a station for the maintenance and calibration of electronic devices governed by this subchapter:
(1) Tape measure capable of measuring distances of at least 1/4 mile.
(2) Stopwatch approved under § 105.71 (relating to approved stopwatches).
(3) Handheld calculator.§ 105.94. Required equipment.
The provisions of this § 105.95 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; republished and compiled August 1, 1980, effective August 2, 1980, 10 Pa.B. 3199; corrected May 28, 1982, effective May 9, 1981, 12 Pa.B. 1697; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3119; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5051; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 640. Immediately preceding text appears at serial pages (122769) to (122771).
Trial court did not err in admitting into evidence a VASCAR-PLUS unit speed-reading taken over a distance of less than the distance specified for calibration by the Department of Transportation because the legislature did not intend to establish a minimum distance requirement for the use of VASCAR PLUS unit, instead the legislature intended to establish a method to calibrate and test an electronic unit. Commonwealth v. Vishneski, 552 A.2d 297 (Pa. Super. 1989).
APPENDIX A
Electrical Speed-Timing System
Equipment Setup
Model TK 100, ESP/Infrared
Interconnection Diagram
The provisions of this Appendix A amended August 9, 1996, effective August 10, 1996, 26 Pa.B. 3833. Immediately preceding text appears at serial pages (218237) to (218238).
This appendix cited in 67 Pa. Code § 105.15 (relating to calibration and testing procedure); and 67 Pa. Code § 105.56 (relating to manner of calibration and testing).
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