Title 67--TRANSPORTATION DEPARTMENT OF TRANSPORTATION [67 PA. CODE CH. 105] Mechanical, Electrical and Electronic Speed-Timing Devices [26 Pa.B. 3833] The Department of Transportation, (Department) Bureau of Motor Vehicles, by this order adopts amendments to Chapter 105 (relating to mechanical, electrical and electronic speed-timing devices) to read as set forth in Annex A.
Notice of proposed rulemaking was published at 25 Pa.B. 2993 (July 29, 1995), with an invitation to submit written comments within 30 days of publication. Two comments were received by the Department.
Comments Received
The Department received one public comment from John B. Mancke, Esquire, of Mancke, Wagner, Hershey and Tully, who requested a copy of the tests performed on the Enradd speed-timing device, Model EJU-91. The Department informed Mr. Mancke the test results are retained by the Pennsylvania State Police for their records and that he would have to contact the Pennsylvania State Police Legal Services Office which is the repository of the speed-timing device test data.
The Department received comments from the Independent Regulatory Review Commission (IRRC). IRRC pointed out an omission in Appendix A, Figure 7, and two typographical errors which resulted in the wrong words being used in § 105.56(e)(2)(ii) and (iii) (relating to manner of calibration and testing for the Enradd device). In § 105.56(e)(2)(ii) the word ''measure'' should read ''measured'' and in § 105.56(e)(2)(iii) the word ''computer'' should read ''computed.''
IRRC also requested that the Department indicate in the Figure 7 diagram where the ''Chassis Ground'' must be connected to the speed-timing device for the accuracy of the testing procedure.
Additional Modifications to the Proposed Rulemaking
The final text of the regulations contains modifications, deletions and additions, none of which enlarge the scope of these amendments as originally proposed, and thus may be published as final rulemaking. The following represents a summary of the changes:
1. Section 105.56(e) has been amended by correcting two typographical errors. In § 105.56(e)(2)(ii) the word ''measure'' should read ''measured,'' and in § 105.56(e)(2)(iii) the word ''computer'' should read ''computed.''
2. In Figure 7, which provides the test set up for the SpeedCheck and Enradd speed-timing device, the diagram appearing therein has been amended by inserting the term ''Chassis Ground'' at the bottom of the drawing to indicate where the chassis ground must be connected to do the speed-timing device for the accuracy of the test procedure.
Purpose of these Amendments
The purpose of these amendments is to prescribe the method for calibrating and testing the speed-timing device, Enradd, Model EJU-91, to assure its accuracy under 75 Pa.C.S. § 3368 (relating to speed-timing devices). Further, these regulations will identify this speed-timing device as an approved device which may be used by local enforcement agencies.
The Department has classified this speed-timing device as an electronic device (nonradar), which measures elapsed time between two sensors to calculate vehicle speed on the highways. The device calculates the elapsed time between two timing strips which are spaced at a preestablished measured distance as recommended by the manufacturer's specifications. The timing strips are spaced 5 feet apart and when a vehicle passes over the strips, the unit will record the time interval between the activation of the first and second timing strips. This time interval, with the known distance between the two timing strips, is used to measure the speed of the vehicle. The speed of each vehicle is displayed by the Enradd speed-timing device in miles per hour.
The cost of the Enradd speed-timing device is approximately $1,200, which is half the cost of other devices in the same category. A prototype of the Enradd speed-timing device was tested by the Pennsylvania State Police, Communications Division, in accordance with the manufacturer's calibration procedure. The tests were performed in a controlled laboratory environment. Additional tests were performed under practical use during inclement weather. The vehicle used during the practical tests was checked for speedometer accuracy prior to these tests.
Persons and Entities Affected
These amendments affect drivers of motor vehicles, stations which calibrate and test speed-timing devices, and local police officers.
Fiscal Impact
These amendments will not mandate any increased costs on police departments, calibration stations or operators of vehicles in this Commonwealth. Only those police departments which elect to purchase this particular device will incur any costs--approximately $1,200 which is the purchase price of the device. These amendments will not require the development or completion of any additional forms, reports or other paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Departmemt submitted on July 14, 1995, a copy of the notice of proposed rulemaking, published at 25 Pa. B. 2993 (July 29, 1995), to IRRC and the Chairpersons of the House and Senate Transportation Committees. In preparing these final-form regulations, the Department has considered the comments received from the Commonwealth and the public.
These final-form regulations were deemed approved by the Committees on July 21, 1996, and were approved by IRRC on July 18, 1996, in accordance with section 5(c) of the Regulatory Review Act.
Sunset Provisions
The Department is not establishing a sunset date for these regulations since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code). The Department will, however, continue to closely monitor these regulations for their effectiveness.
Contact Person
For further information, the contact person is Mary E. Sheriff, Vehicle Control Division, Room G134, Transportation and Safety Building, Harrisburg, PA 17122, telephone (717) 787-2895.
Authority
These regulations hereby amended are amended under the authority contained in 75 Pa.C.S. §§ 3368 and 6103 (relating to speed-timing devices; and promulgation of rules and regulations by department).
Findings
The Department finds that:
(1) Public notice of intention to amend the administrative regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment of the regulations of the Department in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 105, are amended by amending § 105.56 and Appendix A to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality, as required by law.
(c) The Secretary of the Department shall certify this order and Annex A, and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BRADLEY L. MALLORY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document see 26 Pa.B. 3776 (August 3, 1996).)
Fiscal Note: Fiscal Note 18-332 remains valid for the final adoption of the subject regulations.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE VI. OPERATION OF VEHICLES CHAPTER 105. MECHANICAL, ELECTRICAL AND ELECTRONIC SPEED-TIMING DEVICES Subchapter D. ELECTRONIC DEVICES (NONRADAR) WHICH MEASURE ELAPSED TIME BETWEEN TWO SENSORS. § 105.56. Manner of calibration and testing.
* * * * * (e) Enradd, Model EJU-91--Manufactured by Y.I.S., Incorporated, 1049 Hartley Street, P. O. Box 3044, York, Pennsylvania 17404.
(1) Required equipment. The following equipment or an equivalent substitute is required for calibration:
(i) Two pulse generators.
(ii) Dual channel oscilloscope or frequency counter with interval capability.
(iii) Power supply, + 5 volts.
(2) Calibration procedure. (See Appendix A, Figure 8 for interconnection diagram). Calibration procedures shall be as follows:
(i) A single circuit to generate the signals that simulate the front wheels of a vehicle crossing the road sensor shall be set up as set forth in Appendix A, Figure 7.
(ii) The elapsed time between the pulse on Outputs 1 and 2 is measured by the Enradd using the formula V x T = 3408. 3408 is the proper constant for a 5-foot timing strip spacing.
V = velocity in mph
T = time in ms
(iii) The elapsed interval time is computed by:
(A) Calculation of the equation:
V = 3408
T
(B) Comparison of the readout on the oscilloscope/frequency counter to the readout on the Enradd.
(iv) If the readout on the face of the Enradd differs by more than +/- 1 mph, the unit 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) Equipment, timing strips and other devices. The calibration and testing of equipment, timing strips and other devices actually used with a particular electronic device--nonradar--shall be performed under specifications provided by the manufacturer of an approved device using equipment specified by the manufacturer or equivalent substitute equipment.
APPENDIX A * * * * * 
[Pa.B. Doc. No. 96-1297. Filed for public inspection August 9, 1996, 9:00 a.m.] [26 Pa.B. 3836]
