Commonwealth v. Manny

11 Pa. D. & C.3d 714, 1978 Pa. Dist. & Cnty. Dec. LEXIS 54
CourtPennsylvania Court of Common Pleas, Lycoming County
DecidedSeptember 20, 1978
Docketno. 77-11,257
StatusPublished

This text of 11 Pa. D. & C.3d 714 (Commonwealth v. Manny) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Manny, 11 Pa. D. & C.3d 714, 1978 Pa. Dist. & Cnty. Dec. LEXIS 54 (Pa. Super. Ct. 1978).

Opinion

GREEVY, J.,

After a district justice found the above-named defendant guilty of violating the Vehicle Code of June 17, 1976, P.L. 162, 75 Pa.C.S.A. §3362, by driving 47.8 miles per hour in a 35 miles per hour zone, defendant timely appealed to this court. Both defendant and the Commonwealth have stipulated to the relevant facts which are as follows:

On October 1, 1977, two officers of the Williamsport City Police were operating a speed check in the following manner. The two officers were stationed 660 feet (or one-eighth of a mile) apart. The first officer would start clocking a car with a stop watch as the car entered the one-eighth mile section and radio the second officer. The second officer would in turn radio the first officer to stop his watch when the car completed the one-eighth mile section, (n.t. 23) Using this method, the police timed defendant’s travel through the eighth mile section as 9.4 seconds, or 47.8 miles per hour in the 35-mile per hour zone. (n.t. 3) The watch used by the police was approved by the Department of Transportation and had been tested for accuracy within 60 days prior to this incident as required by 75 Pa.C.S.A. §3368(d).

The Commonwealth contends that although the legislature repealed the former statute expressly authorizing the police to use stop watches to check a vehicle’s speed (75 P.S. §1002), the enactment of 75 Pa.C.S.A. §3368(c) should be construed to continue to permit the use of stop watches as under the former law.

[716]*716Defendant has stipulated to all the facts necessary for his conviction under the prior law. The sole issue raised by defendant and to be decided by this court is whether stop watches may be employed by police officers to measure and determine a vehicle’s speed over a measured distance of an eighth of a mile.

The new Pennsylvania Vehicle Code lists the type of speed timing devices authorized for enforcement of speed limits as “speedometers” and “mechanical electrical and electronic devices.” 75 Pa.C.S.A. §3368. Electronic speed timing devices (commonly known as radar) may only be used by the state police: 75 Pa.C.S.A. §3368(2). Thus stop watches must come within the definition of mechanical or electric speed timing devices to be authorized. “The rate of speed of any vehicle may be timed on any highway by a police officer using a mechanical or electrical speed timing device.” 75 Pa.C.S.A. §3368(c)(l). Defendant contends that a stop watch measures only time and hence is not a “speed timing device.” Although the Commonwealth has not favored this court with a brief in this case, we do not think such a narrow interpretation of “speed timing device” is warranted.

The court’s interpretation of 75 Pa.C.S.A. §3368 is necessarily guided by the Statutory Construction Act of November 25, 1970, P.L. 707, as amended, 1 Pa.C.S.A. §1921 et seq.

“Legislative intent controls
“(a) The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions. . . .
[717]*717“(c) When the words of the statute are not explicit, the intention of the General Assembly may be ascertained by considering, among other matters: (1) The occasion and necessity for the statute. (2) The circumstances under which it was enacted. (3) The mischief to be remedied. (4) The object to be attained. (5) The former law, if any, including other statutes upon the same similar subjects. (6) The consequences of a particular interpretation. (7) The contemporaneous legislative history. (8) Legislative and administrative interpretations of such statute.” 1 Pa.C.S.A. §1921.

Since it is clear that the term “mechanical or electrical speed timing” device neither authorizes nor excludes the use of stop watches explicitly, the above factors must be considered: Goodman v. Kennedy, 459 Pa. 313, 329 A. 2d 224 (1974).

We can find no evidence or authorities concerning the first two factors that might influence the interpretation of the section of the statute in question. The mischief to be remedied appears to be closely tied to the object sought to be attained by the legislature. The legislature clearly intended to provide law enforcement officials with the authority to use effective and fair speed timing devices to measure a motorist’s speed and so enforce the maximum speed limits: 75 Pa.C.S.A. §3362. The object of the legislature in substituting the general language of “speed timing devices” in the new statute for the specific reference to “stop watches” in the old law evidences the legislature’s intent to broaden the authorization of the police to use a wider variety of speed timing devices than was formerly permissible.

Under former law, the use of stop watches as [718]*718speed timing devices was clearly authorized. See Act of April 29, 1959, P.L. 58, sec. 1002(d)(1) (repealed); Com. v. Nero, 59 D. & C. 2d 224 (1972). “(S)tatutes are not presumed to make changes in the rules and principles of the common law or prior existing law beyond what is expressly declared in their provisions.” Com. v. Miller, 469 Pa. 24, 27, 364 A. 2d 886, 887 (1976). See also Pittsburgh Public Parking Authority Petition, 366 Pa. 10, 76 A. 2d 620 (1950). Since the legislature did not expressly disapprove of the use of stop watches in the new act, this court should not presume their intent was to disallow the further use of stop watches. It is more likely that the legislature’s use of “speed timing device” was intended to include stop watches as well as other electrical or mechanical speed timing devices approved by the Pennsylvania Department of Transportation. See 75 Pa.C.S.A. §3368(d). Thus, we find that the former law supports the Commonwealth’s contention that stop watches were authorized to determine a motorist’s speed. See Casey v. Pennsylvania State Univ., 463 Pa. 606, 345 A. 2d 695 (1975).

Another important factor that we must consider is the possible consequences of an interpretation permitting or conversely forbidding the use of stop watches as speed timing devices: Dept. of Transp., etc. v. Burke, 31 Pa. Commonwealth Ct. 290, 375 A. 2d 1375 (1977). If we were to accept defendant’s position that stop watches are no longer authorized under the new law, then local police (who may not use radar) could enforce speed limits only by use of a speedometer: 75 Pa.C.S.A. §3368(a). The court is not aware of the existence of any mechanical or electrical speed timing devices other than the dis[719]*719puted stop watch. The Commonwealth has orally argued that most streets within Williamsport are separated into sections much shorter than three-tenths of a mile by stop signs or traffic lights. To measure a motorist’s speed with a speedometer, the police must now time the speed for a distance of at least three-tenths of a mile: 75 Pa.C.S.A. §3368(a). Consequently, except in very rare instances, local police would be helpless to enforce the speed limit law within the city, if denied the use of stop watches.

“ ‘[I]n ascertaining the legislative intent it is presumed that the legislature did not intend an absurd result or one which is impossible of execution or unreasonable.’” Dept. of Transp., etc. v. Burke, supra. See also 1 Pa.C.S.A. §1922(1). The difficulty of enforcing the maximum speed limit law (75 Pa.C.S.A. §3362) without the use of stop watches militates against defendant’s interpretation of the statute.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Goodman v. Kennedy
329 A.2d 224 (Supreme Court of Pennsylvania, 1974)
Masland v. Bachman
374 A.2d 517 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Pennsylvania State University
345 A.2d 695 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. Miller
364 A.2d 886 (Supreme Court of Pennsylvania, 1976)
Pittsburgh Public Parking Authority Petition
76 A.2d 620 (Supreme Court of Pennsylvania, 1950)
Symons v. National Electric Products, Inc.
192 A.2d 897 (Superior Court of Pennsylvania, 1963)
Commonwealth v. Burke
375 A.2d 1375 (Commonwealth Court of Pennsylvania, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
11 Pa. D. & C.3d 714, 1978 Pa. Dist. & Cnty. Dec. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-manny-pactcompllycomi-1978.