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Subchapter D. ELECTRONIC DEVICES (NONRADAR) WHICH
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.
Notes of Decisions 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].
Source 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].
Source 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).
§ 105.52a. Application of subchapter.
This subchapter governs the calibrating and testing of electronic devicesnonradarwhich 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).
Source 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).
§ 105.53. Operation of maintenance and calibration stations.
(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.
Source 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).
§ 105.54. Calibration forms.
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.
Source 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).
§ 105.55. Testing forms.
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.
Source 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).
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