Section 105.13. Operation of maintenance and calibration stations

(a) Maintenance and calibration. Maintenance and calibration of electronic devices shall be provided, as necessary, upon notice by the State 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. Every station for the maintenance and calibration of electronic devices shall employ on a full time basis:

(1) An electrical engineer.

(2) An associate engineer, or technician who possesses a valid FCC Radio Telephone or Radio Telegraph License—General, First or Second Class.

(d) Presumption of accuracy. Either the electrical engineer, associate engineer or technician shall be present at the time that 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. Adjustments and repairs shall be made in conformance with 47 CFR 90.433 (relating to operator requirements).

(e) [Reserved].

(f) 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.

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).

Notation

Notes of Decisions

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 1 (Pa. Super. 1992).