[HISTORY: Adopted by the City Council of the City of Monessen 4-23-1990
by Ord. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 365.
In accordance with Section 3368(c)(1) of the Motor Vehicle Code, as
amended, 75 Pa.C.S.A. § 3368(c)(1), the rate of speed of any vehicle
within the City of Monessen may be timed on any highway by a police officer
using a mechanical or electrical speed-timing device.
[1]
Editor's Note: Com v. Shenkin, 487 A.2d 380 (1985), found that
it is no longer necessary to authorize use of electrical or mechanical speed-timing
devices by ordinance. Also, 75 Pa.C.S.A. § 6101 of the Vehicle Code
prohibits duplication of the state law.
In accordance with Section 3368(c)(3) of the Motor Vehicle Code, as
amended, 75 Pa. C.S.A. § 3368(c)(3), the rate of speed of any vehicle
within the City of Monessen may be timed by any police officer using an electronic
device which calculates speed by measuring elapsed time between measured road
surface points by using two sensors and devices which measure and calculate
the average speed of a vehicle between any two points.
The Monessen Police Department is authorized to use VASCAR-plus as an
electronic speed-timing device (nonradar) as approved each year by the Secretary
of the Pennsylvania Department of Transportation for use by any police officer
within the City of Monessen for the purpose of enforcing the lawful speed
limits within the City of Monessen.
The Monessen Police Department is authorized to use any mechanical,
electrical or electronic (nonradar) speed-timing device approved by the Secretary
of the Pennsylvania Department of Transportation for use by any police officer
for the purpose of enforcing the lawful speed limit within the City of Monessen.
In accordance with Section 3368(c)(4) of the Motor Vehicle Code, as
amended, 75 Pa. C.S.A. § 3368(c)(4), no person may be convicted
upon evidence obtained through the use of devices as authorized unless the
speed recorded is six or more miles per hour in excess of the speed limit.
Furthermore, no person may be convicted upon evidence obtained through the
use of devices as authorized in an area where the legal speed is less than
55 miles per hour if the speed recorded is less than ten miles per hour in
excess of the legal speed limit. This section shall not apply to evidence
obtained through the use of said devices as authorized within a school zone.
In accordance with Section 3368(d) of the Motor Vehicle Code, as amended,
75 Pa.C.S.A § 3368(d), the Monessen Police Department shall maintain
certification and calibration of all devices used pursuant to the regulations
of the Secretary of the Pennsylvania Department of Transportation. Additionally,
the devices shall be tested for accuracy pursuant to the regulations of the
Secretary of the Pennsylvania Department of Transportation.
In accordance with Section 3368(e) of the Motor Vehicle Code, as amended,
75 Pa.C.S.A. § 3368(e), mechanical, electrical or electronic devices
may not be used to time a rate of speed of vehicles within 500 feet after
a speed limit sign indicating a decrease of speed. This limitation, however,
shall not apply to speed limit signs indicating school zones or hazardous
grade speed limits and work zone speed limits.
Violations of the lawful speed limit within the City of Monessen are
to be enforced pursuant to fines and penalties as established pursuant to
Section 3362(c) of the Pennsylvania Motor Vehicle Code, as amended, 75 Pa.C.S.A.
§ 3362(c).
