Safety zones

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Dr. Trout
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RE: Safety zones 2012/03/04 14:01:01 (permalink)
The law should be enforced acrooed the board equally for all. Then we "all" know what that standard is and can adhere to it.




sounds like alice in wonder land to me..

we all know that there are NO LAWS enforced "across the boards"... cops will stop and fine one guy for 5 miles over the speed limit while someone else they know or for what ever reason may get off for going 10 miles over the speed limit ....

I know a guy who got busted with "pot" but because of who his dad is got off scott free...

I see folks every day driving around without seat belts on.. some get busted some do not...

One WCO says this is what will get me busted.. another says no...

anyone will also tell you money talks and the old "who you know" ... when it comes to law enforcemnt when it goes to court...or even it if gets written up .......


I don't know anyone envolved in this safety zone issue.. but it smells to high heaven IMHO...

sound like the "good old boys" system to me ..
#31
retired guy
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RE: Safety zones 2012/03/04 14:56:49 (permalink)
Your right Bing-
   Actually the lawbooks in most states ( gotta go through a few each year) are good for stating the laws in laymens terms rather than rewriting the statute itself. Thats a good thing but it leads to personal interpretation with personal opinions of the readers being easily mixed into the perception of the laws intent.
     For them to actually print out the actual Statute would lead to even more misconceptions as laymen reading the complicated law language would lead to further dilima.
    I'm not a Judge or Lawyer and few here are- They dont even use the same dictionary to interpret words used in Law as we do - true fact. We use Websters and they use Blacks.
      Folks sit at home and want things to be just the way they want them to be and the guy next door wants something else. Both will read the same law and come up with positions that enforce thier own wants.
   As a young cop went to a Domestic and the Wife wanted me to talk to her Lawyer cause he interpeted the law to support her position and the husbands  was asking likewise. Yepppp Time to see Da Judge.
     The situation that started this as RSB was sayin may well be something overturned if it ever got to a higher court. After reading it I still cant figure out how just bein on a hill higher than a house on Pvt property w/o permission and within  the confines of the 'no shooting' area could have ever been justified.
   But thats just MY novice position based on ow I'd feel if it was MY house and My land. An if it was I know how I'd feel bout that decision too.
  Not throwin stones at the guy who won- he took it through the process and won- somebody oughta re read something though cause it makes no common sense to guys like me.
post edited by retired guy - 2012/03/04 15:04:22
#32
TastyTrout
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RE: Safety zones 2012/03/04 14:59:46 (permalink)

ORIGINAL: Dr. Trout

Am I missing something here...

are some of you really suggesting that it is okay to be within a safety zone just because you are higher than the building ??????

Surely you do not think that that guy, or any, would have passed on a deer 10 yards under his tree stand if it stopped there ????


My comment was completely a joke...I'm not climbing that high in a treestand even if it would be legal.

Men and fish are alike. They both get into trouble when they open their mouths.
Jimmy D Moore

#33
RSB
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RE: Safety zones 2012/03/04 15:09:21 (permalink)
ORIGINAL: bingsbaits

Totally understand your position RG.

I guess the only point I have to make is.

We as hunters only have what is printed in the "written" game code to go by and be law abiding hunters.

There seems to be alot of WCO discretion and Grey area in many of our game laws.
As many say it all depends on your WCO.
In my eyes it shouldn't be that way, some get off and some do not. The law should be enforced acrooed the board equally for all. Then we "all" know what that standard is and can adhere to it.


We have someone here who was present at the dicussions when this law was written.
There must have been some reasoning at the time to add that language to the bill.
We are not hearing that.

 
I did explain why that language was added in the safety zone law.
 
It was added so that people could not legally shoot through a safety zone unless they were shooting high enough over the building there was no chance of hitting a building or any people.
 
Without the language, as it is written, a person could legal post at 151 yards from a persons house and shoot directly past their front door at game that was 150 yards or more on the other side of their house. The law was written with the elevation language so that people could not be legally shooting through your yard at game even if both they and the game were outside the safety zone.
 
R.S. Bodenhorn
 
#34
treesparrow
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RE: Safety zones 2012/03/04 15:49:34 (permalink)
I think I can show a Game Com.parking lot that is inside a safety zone. I have never measured it but it sure appears to be.
#35
Esox_Hunter
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RE: Safety zones 2012/03/04 15:50:13 (permalink)
ORIGINAL: Dr. Trout

Am I missing something here...

are some of you really suggesting that it is okay to be within a safety zone just because you are higher than the building ??????



That is what the written law states. 

It would be nice to see the language of this law improved to clearly state its purpose
#36
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RE: Safety zones 2012/03/04 18:43:11 (permalink)
Your right Doc- When it comes to L/E doin its job its really just one great big conspiracy that they are all in on just to shaft some folks and take care of others.
  Scuze me while I go puke.  AAARRRRUUUUGGGGGAHHHHHHH
#37
bingsbaits
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RE: Safety zones 2012/03/04 19:17:04 (permalink)
The idea of laws being enforced across the board equally for all citizens of this fine country is "ALICE IN WONDERLAND TO YOU" then you have some serious issues.

Never said they were, "SAID" they "SHOULD" be....

"There is a pleasure in Angling that no one knows but the Angler himself". WB
 
 


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RE: Safety zones 2012/03/04 19:25:15 (permalink)
   Thats the way I did it all my professional life and that the way I expect others to do it as well. Get sick and tired of the conspiracy theorists.
    Ya know the ones I mean-NOBODY- doin anything -knows what the heck THEY are doin- from truck drivers to cooks to farmers and loggers -THEY dont know nothin and we all knowwwww why toooooo- there they go gettin over on me again --gets old after a while.
    Sat in a place  when doin undercover listnin to folks talk about who our unit  had picnched and why-Where do people come up with that they are gettin over again drivel---------Same thing -who was connected to who and who had money and who didnt and the political implications GEEEZZZZ gimme a break dont even know who the folks were that we were supposed  to be takin care of.    
  My partner and I laughed for a week and then ARRRRRRUUUUGHHH -puke -puke.
  If your that unhappy with the way it is --move on. If you wake up each day and really think everyone is out to get over on ya--get help.  
Gotta just sit back and shake your head sometimes.  LOL.
post edited by retired guy - 2012/03/04 22:12:16
#39
bingsbaits
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RE: Safety zones 2012/03/04 19:38:48 (permalink)
I don't beleive in that crap either.
Don't think evry LEO is on the take or out to get you.
I respect the Badge, the man behind it has to earn that respect and most do.

Just always been one for total equallity for all when it comes to administaring the law.

Kudos to for being that type of LEO.


On the other side of the coin you have Doc who sees a conpiracy in the Safety Zone case.

Makes inuendo of "the old boys club", stinks to high heaven.
Why, beacuse he doesn't agree with the outcome.
A pretty cut and dried case if you ask me.

"There is a pleasure in Angling that no one knows but the Angler himself". WB
 
 


#40
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RE: Safety zones 2012/03/04 19:39:21 (permalink)
Inlaws, Outlaws, Interperation of Laws, Enforcement of Laws, Non Enforcement of Laws, Definitions of Laws, Necessary Laws, Unnecessary Laws, Twisting the Laws, Ignoring the Laws, Pushing the Laws, etc, that's why we have a whole lot of of Law--------yers. But hey, they have to eat too.
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retired guy
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RE: Safety zones 2012/03/04 19:43:22 (permalink)
    There are ALWAYS those who do not belong-we haddem in my place and all those other professions I mentioned have them too-
   Just the way things are-   
      Just cant bear the folks who judge all the soldiers by the one who ran away.
post edited by retired guy - 2012/03/04 19:44:37
#42
DarDys
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RE: Safety zones 2012/03/05 08:12:36 (permalink)
ORIGINAL: Dr. Trout

The law should be enforced acrooed the board equally for all. Then we "all" know what that standard is and can adhere to it.




sounds like alice in wonder land to me..

we all know that there are NO LAWS enforced "across the boards"... cops will stop and fine one guy for 5 miles over the speed limit while someone else they know or for what ever reason may get off for going 10 miles over the speed limit ....



 
Doc, what I see here, in your example, is totally different than what is being discussed -- the interpretation of the law vs. enforcement of the law.
 
To use your speeding example, there is no interpretation of the law involved at all -- it says what it says, the speed limit is X, anything in excess of X is a violation of the law.  That is pretty clear.  If the LE decides to enforce that law to the letter and tickets anyone at X + a mph or decides to show lienency and only tickets those at X + 10 mph is a mtter of enforcement, not the interpretation of the law.  Further, since the law is very clear, if a person is violating it, they know that they can be subjected to ticketing.
 
However, when a law is written that is unclear, especially to the non-LE lay person (keep in mind that most people do not have an intimate relationship with LE of any type and more than likley have a reading comprehension level akin to about an 8th grade level, so they may not exactly be able to read and understand law speak), it has nothing to do with enforcement, but rather the interpretation of somehting that may be taken in a number of different ways.  In other words, it may or may not be clear if the person is violating the law or not.  And while it is often said that "ignorance of the law doesn't matter," that would tend to be where the law is clear and someone didn't know it vs. the law is unclear and it was interpreted by different people in different ways.
 
The case here is a prime example.  The law is unclear as evidenced by the WCO seeing it one way and the judge seeing it another.  This, unlike your speeding example, is a matter of interpretation.  It is obvious that when it comes down to trying to decipher the "intent" of a law in order to enforce it, it wasn't written well enough to begin with. 
 
On a side note, from a personal perspective, even if safety zones were not marked, or even existed for that matter, I would not feel comfortable about hunting that close to an occupied building.  Of ocurse, I am a gun hunter and understand that might be different if I were archery hunting.

The poster formally known as Duncsdad

Everything I say can be fully substantiated by my own opinion.
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retired guy
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RE: Safety zones 2012/03/05 21:23:17 (permalink)
Well said Dar-
      Hey just a question- cause its a bit different in different States that I have been to-   Are your gun statutes for distance and such any different than your Bow rules and regs ????
      Ex- Here in Ct I cant hunt with a gun  within certain distances however have often been given Bow permission and have hunted rather close with landowner pemission. Heck they have even offered and helped build tree stands with me as they are upset with the Deer damage they get.
      Now I understand that just cause the owner says OK it may still be a State law violation to be too close.
     That said I really must go and look up the exact rules on shooting the bow on those small 4 or 5 acre pieces that I clearly could not gun hunt even here at home- this stuff can be confusing sometimes even to some of us who have been there for a long time.
     Adding to the confusion  is that owners often dont have to comply in some states and in some liniar decendants even have a different rule.
#44
RSB
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RE: Safety zones 2012/03/05 23:21:08 (permalink)
ORIGINAL: retired guy

Well said Dar-
     Hey just a question- cause its a bit different in different States that I have been to-   Are your gun statutes for distance and such any different than your Bow rules and regs ????
     Ex- Here in Ct I cant hunt with a gun  within certain distances however have often been given Bow permission and have hunted rather close with landowner pemission. Heck they have even offered and helped build tree stands with me as they are upset with the Deer damage they get.
     Now I understand that just cause the owner says OK it may still be a State law violation to be too close.
    That said I really must go and look up the exact rules on shooting the bow on those small 4 or 5 acre pieces that I clearly could not gun hunt even here at home- this stuff can be confusing sometimes even to some of us who have been there for a long time.
    Adding to the confusion  is that owners often dont have to comply in some states and in some liniar decendants even have a different rule.

 
In Penna. a safety zone is 150 yards around any occupied building while gun hunting but only 50 yards while archery hunting. Within those distances it is unlawful to hunt, chase or disturb wildlife or discharge firearms while hunting unless you have advance specific permission from the occupants.
 
If the occupants give you permission you can be as close to their home or buildings as they allow without being in violation of the law. WCO in general only get involved with safety zone issues when we have of have in the past had complaints from the occupants.
 
R.S. Bodenhorn  
 
 
#45
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RE: Safety zones 2012/03/05 23:31:01 (permalink)
Thanks RSB. 
#46
eyesandgillz
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RE: Safety zones 2012/03/06 10:40:56 (permalink)
"To use your speeding example, there is no interpretation of the law involved at all -- it says what it says, the speed limit is X, anything in excess of X is a violation of the law. That is pretty clear. If the LE decides to enforce that law to the letter and tickets anyone at X + a mph or decides to show lienency and only tickets those at X + 10 mph is a mtter of enforcement, not the interpretation of the law. Further, since the law is very clear, if a person is violating it, they know that they can be subjected to ticketing."

Just FYI,
It is actually stated in PA law that a LEO can't ticket you for less than 6 mph over the limit while using any speed measuring device and for less than 10 mph over the posted limit on roads posted less than 55 mph max speed limit(unless you are in a school zone). In any case, if you are in PA and got a ticket for 5 mph or less over the limit on posted 55 mph roads or 9 mph or less over the limit on roads with a posted max limit that was less than 55 mph, you should have contested the ticket.

Title 75 - Section 3368
(c) Mechanical, electrical and electronic devices authorized.--
(1) Except as otherwise provided in this section, 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.
(2) Except as otherwise provided in paragraph (3), electronic
devices such as radio-microwave devices (commonly referred to as
electronic speed meters or radar) may be used only by members of
the Pennsylvania State Police.
(3) Electronic devices which calculate 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 may be used by any
Police officer.
(4) No person may be convicted upon evidence obtained through
the use of devices authorized by paragraphs (2) and (3) unless the
speed recorded is six or more miles per hour in excess of the legal
speed limit. Furthermore, no person may be convicted upon
evidence obtained through the use of devices authorized by paragraph
(3) in an area where the legal speed limit 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 paragraph shall not apply
to evidence obtained through the use of devices authorized by
paragraph (3) within a school zone.

Interesting to note, you can't be nailed for speeding within 500 ft. of sign that drops the speed limit. Some exclusions apply.

(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet after
a speed limit sign indicating a decrease of speed. This limitation on
the use of speed timing devices shall not apply to speed limit signs
indicating school zones, bridge and elevated structure speed limits
hazardous grade speed limits and work zone speed limits.
1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1985
July 11, P.L. 204, No. 52, § 3, imd. effective; 1986, March 27, P.L. 71, No.
24, § 2, imd. effective.

Check out this link for some quick calculations on how ineffective VASCAR really is when you factor in typical and even super human reaction times. The 9 mph buffer for VASCAR really isn't even enough when all things are considered, scientifically.

http://travel.3dresearch.com/prep1.html


Any way, to get OT, I believe the wording of the safety zone law should be amended to make it CRYSTAL clear on its intent. Not saying the DJ is right or wrong in his interpretation but if there is room for interpretation in something seemingly so simple as a safety zone, then the wording needs to be amended.
#47
DarDys
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RE: Safety zones 2012/03/06 10:49:01 (permalink)
ORIGINAL: eyesandgillz

"To use your speeding example, there is no interpretation of the law involved at all -- it says what it says, the speed limit is X, anything in excess of X is a violation of the law. That is pretty clear. If the LE decides to enforce that law to the letter and tickets anyone at X + a mph or decides to show lienency and only tickets those at X + 10 mph is a mtter of enforcement, not the interpretation of the law. Further, since the law is very clear, if a person is violating it, they know that they can be subjected to ticketing."

Just FYI,
It is actually stated in PA law that a LEO can't ticket you for less than 6 mph over the limit while using any speed measuring device and for less than 10 mph over the posted limit on roads posted less than 55 mph max speed limit(unless you are in a school zone). In any case, if you are in PA and got a ticket for 5 mph or less over the limit on posted 55 mph roads or 9 mph or less over the limit on roads with a posted max limit that was less than 55 mph, you should have contested the ticket.

Title 75 - Section 3368
(c) Mechanical, electrical and electronic devices authorized.--
(1) Except as otherwise provided in this section, 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.
(2) Except as otherwise provided in paragraph (3), electronic
devices such as radio-microwave devices (commonly referred to as
electronic speed meters or radar) may be used only by members of
the Pennsylvania State Police.
(3) Electronic devices which calculate 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 may be used by any
Police officer.
(4) No person may be convicted upon evidence obtained through
the use of devices authorized by paragraphs (2) and (3) unless the
speed recorded is six or more miles per hour in excess of the legal
speed limit. Furthermore, no person may be convicted upon
evidence obtained through the use of devices authorized by paragraph
(3) in an area where the legal speed limit 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 paragraph shall not apply
to evidence obtained through the use of devices authorized by
paragraph (3) within a school zone.

Interesting to note, you can't be nailed for speeding within 500 ft. of sign that drops the speed limit. Some exclusions apply.

(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet after
a speed limit sign indicating a decrease of speed. This limitation on
the use of speed timing devices shall not apply to speed limit signs
indicating school zones, bridge and elevated structure speed limits
hazardous grade speed limits and work zone speed limits.
1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1985
July 11, P.L. 204, No. 52, § 3, imd. effective; 1986, March 27, P.L. 71, No.
24, § 2, imd. effective.

Check out this link for some quick calculations on how ineffective VASCAR really is when you factor in typical and even super human reaction times. The 9 mph buffer for VASCAR really isn't even enough when all things are considered, scientifically.

http://travel.3dresearch.com/prep1.html


Any way, to get OT, I believe the wording of the safety zone law should be amended to make it CRYSTAL clear on its intent. Not saying the DJ is right or wrong in his interpretation but if there is room for interpretation in something seemingly so simple as a safety zone, then the wording needs to be amended.

 
Okay.  But there is a clear cut off.  That was my point.  There is a difference between interpretation of the law and the enforcement of the law.

The poster formally known as Duncsdad

Everything I say can be fully substantiated by my own opinion.
#48
eyesandgillz
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RE: Safety zones 2012/03/06 12:37:28 (permalink)
I know dardys, just me being a richard head!
#49
bingsbaits
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RE: Safety zones 2012/03/06 13:10:04 (permalink)

ORIGINAL: eyesandgillz

I know dardys, just me being a richard head!


I'm sorry Sir but that position is already filled.

Lots of room in the Goons and Thugs ranks though....

"There is a pleasure in Angling that no one knows but the Angler himself". WB
 
 


#50
S-10
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RE: Safety zones 2012/03/06 13:14:14 (permalink)
Better hurry though, those positions are filling up fast.
#51
DarDys
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RE: Safety zones 2012/03/06 13:20:15 (permalink)
But you need to not only be a goon and a thug, but also not a good guy, a hater, and some type or another of an anti.  Without all of that, there are no smart pills for you!

The poster formally known as Duncsdad

Everything I say can be fully substantiated by my own opinion.
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retired guy
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RE: Safety zones 2012/03/06 13:22:15 (permalink)
     I travel the NY Throughway regular always set my control at bout 68 MPH. Have seen days where folks barely passing me get stopped and days where they fly by and dont get stopped.-  As past LE I kinda know the drill.
     Real busy days higher guideline and slower traffic days lower line. Ya might thinik it would be the opposite but there are only so many hrs in a shift and you will miss the high dangerous speeds stoppin the slower vehicles.
     Kinda like tirage on a battlefield ya have to make the most of your time and have the most positive  effect whenever possible. Cant be doin skeeter bites when leads flyin. No lead- OK for the skeeter bites.
     As a past drug cop for many years its kinda the same thing- with that too ( recent posts produce this one) -When its slow or ya stumble over it Marij. pinches can get made- Ya know the courts not gonna do much with them on those who are new to the system but it IS illegal and ya have time now and then for that kinda enforcement.
   The rest  of the time (far majority) is for CRACK and real DOPE. Specially the dealers. Did an average of just over 2 door kickin warrants a week for over 16 years-plus undercover outright sale warrants. Then gotta listen to people talk bout how some kid got off on a simple marijuana possession charge for all kinda reasons- THEY ALL get off on those the first few times around the block.
  That Judge got triage to do too. Recall sittin in Chambers once and havin a paper signed to go after a dealer and the Judge looked at my hairy partner and I and said  something like " OK guys I'll sign it but ya know when ya get this one sent to jail we gotta let one out ta make room".
  Facts of life--------
#53
Dr. Trout
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RE: Safety zones 2012/03/06 13:41:18 (permalink)
ya have time now and then for that kinda enforcement.


and there in lies the fact some of us were saying... at times it's a matter of discretion on enforcing or not that the LEO has to use...

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retired guy
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RE: Safety zones 2012/03/06 13:52:31 (permalink)
Thats correct Doc--
   Also involved is Public outcry- for example if there is an inordinent number of folks doing something illegal someplace on a regular basis producing complaints manpower is shifted to that arena. Sometimes it is for little things but then those are so often Quality of Life issues of  importance to folks as opposed to more serious crimes happening someplace else.
   Thats why a low speed can get ya pinched were folks have on going issues and are making complaints and little enforcement or perhaps more speed allowed on another less inhabited street.
   EX- Nobody ever cared bout the ball team guys having a beer at the Park before a game where beer drinkin is a violation. That is till guys started gettin drunk and fallin all over the field and fist fightin and arguin an swearing in front of all the families. (true stuff)
    Then the beer drinking stopped- after a lotta pinches.  Of course all the guys who got pinched said it was some kinda conspiracy and that the Cops had bigger and better things to be doin but they were scared to go out an go after real criminals-----You know the drill..
Then when the busy courts just basically let them go with a tap- they all paid no attention to the days work they lost in court and came back sayin how they "won" an never soulda got pinched in the first place--dumb cops .
     Drinkin before the games stopped though and they never noticed that nobody ever got pinched for a beer- AFTER the games.
post edited by retired guy - 2012/03/06 13:59:06
#55
eyesandgillz
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RE: Safety zones 2012/03/06 15:26:42 (permalink)

ORIGINAL: bingsbaits


ORIGINAL: eyesandgillz

I know dardys, just me being a richard head!


I'm sorry Sir but that position is already filled.

Lots of room in the Goons and Thugs ranks though....


Thought you had to throw tax rocks to join that crowd. There are levels that even I choose to not stoop down to!
#56
ready2fish
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RE: Safety zones 2012/03/06 17:23:58 (permalink)

ORIGINAL: eyesandgillz

"To use your speeding example, there is no interpretation of the law involved at all -- it says what it says, the speed limit is X, anything in excess of X is a violation of the law. That is pretty clear. If the LE decides to enforce that law to the letter and tickets anyone at X + a mph or decides to show lienency and only tickets those at X + 10 mph is a mtter of enforcement, not the interpretation of the law. Further, since the law is very clear, if a person is violating it, they know that they can be subjected to ticketing."

Just FYI,
It is actually stated in PA law that a LEO can't ticket you for less than 6 mph over the limit while using any speed measuring device and for less than 10 mph over the posted limit on roads posted less than 55 mph max speed limit(unless you are in a school zone). In any case, if you are in PA and got a ticket for 5 mph or less over the limit on posted 55 mph roads or 9 mph or less over the limit on roads with a posted max limit that was less than 55 mph, you should have contested the ticket.

Title 75 - Section 3368
(c) Mechanical, electrical and electronic devices authorized.--
(1) Except as otherwise provided in this section, 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.
(2) Except as otherwise provided in paragraph (3), electronic
devices such as radio-microwave devices (commonly referred to as
electronic speed meters or radar) may be used only by members of
the Pennsylvania State Police.
(3) Electronic devices which calculate 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 may be used by any
Police officer.
(4) No person may be convicted upon evidence obtained through
the use of devices authorized by paragraphs (2) and (3) unless the
speed recorded is six or more miles per hour in excess of the legal
speed limit. Furthermore, no person may be convicted upon
evidence obtained through the use of devices authorized by paragraph
(3) in an area where the legal speed limit 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 paragraph shall not apply
to evidence obtained through the use of devices authorized by
paragraph (3) within a school zone.

Interesting to note, you can't be nailed for speeding within 500 ft. of sign that drops the speed limit. Some exclusions apply.

(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet after
a speed limit sign indicating a decrease of speed. This limitation on
the use of speed timing devices shall not apply to speed limit signs
indicating school zones, bridge and elevated structure speed limits
hazardous grade speed limits and work zone speed limits.
1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1985
July 11, P.L. 204, No. 52, § 3, imd. effective; 1986, March 27, P.L. 71, No.
24, § 2, imd. effective.

Check out this link for some quick calculations on how ineffective VASCAR really is when you factor in typical and even super human reaction times. The 9 mph buffer for VASCAR really isn't even enough when all things are considered, scientifically.

http://travel.3dresearch.com/prep1.html


Any way, to get OT, I believe the wording of the safety zone law should be amended to make it CRYSTAL clear on its intent. Not saying the DJ is right or wrong in his interpretation but if there is room for interpretation in something seemingly so simple as a safety zone, then the wording needs to be amended.


Pretty spot on except for one small thing. There is one time when an officer could cite you for 1 mph over the speed limit. An officer following you in a Police vehicle with a properly certified speedometer, and follows you for at least 3/10 mile, can cite for 1 or more mph over. It is a mechanical device but not covered under paragraphs 2 or 3, it falls under paragraph one.

I also concur, I'd like to see the safety zone law's language cleaned up some.

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#57
eyesandgillz
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RE: Safety zones 2012/03/07 11:34:10 (permalink)

ORIGINAL: ready2fish


ORIGINAL: eyesandgillz

"To use your speeding example, there is no interpretation of the law involved at all -- it says what it says, the speed limit is X, anything in excess of X is a violation of the law. That is pretty clear. If the LE decides to enforce that law to the letter and tickets anyone at X + a mph or decides to show lienency and only tickets those at X + 10 mph is a mtter of enforcement, not the interpretation of the law. Further, since the law is very clear, if a person is violating it, they know that they can be subjected to ticketing."

Just FYI,
It is actually stated in PA law that a LEO can't ticket you for less than 6 mph over the limit while using any speed measuring device and for less than 10 mph over the posted limit on roads posted less than 55 mph max speed limit(unless you are in a school zone). In any case, if you are in PA and got a ticket for 5 mph or less over the limit on posted 55 mph roads or 9 mph or less over the limit on roads with a posted max limit that was less than 55 mph, you should have contested the ticket.

Title 75 - Section 3368
(c) Mechanical, electrical and electronic devices authorized.--
(1) Except as otherwise provided in this section, 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.
(2) Except as otherwise provided in paragraph (3), electronic
devices such as radio-microwave devices (commonly referred to as
electronic speed meters or radar) may be used only by members of
the Pennsylvania State Police.
(3) Electronic devices which calculate 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 may be used by any
Police officer.
(4) No person may be convicted upon evidence obtained through
the use of devices authorized by paragraphs (2) and (3) unless the
speed recorded is six or more miles per hour in excess of the legal
speed limit. Furthermore, no person may be convicted upon
evidence obtained through the use of devices authorized by paragraph
(3) in an area where the legal speed limit 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 paragraph shall not apply
to evidence obtained through the use of devices authorized by
paragraph (3) within a school zone.

Interesting to note, you can't be nailed for speeding within 500 ft. of sign that drops the speed limit. Some exclusions apply.

(e) Distance requirements for use of mechanical, electrical and
electronic devices.--Mechanical, electrical or electronic devices may
not be used to time the rate of speed of vehicles within 500 feet after
a speed limit sign indicating a decrease of speed. This limitation on
the use of speed timing devices shall not apply to speed limit signs
indicating school zones, bridge and elevated structure speed limits
hazardous grade speed limits and work zone speed limits.
1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1985
July 11, P.L. 204, No. 52, § 3, imd. effective; 1986, March 27, P.L. 71, No.
24, § 2, imd. effective.

Check out this link for some quick calculations on how ineffective VASCAR really is when you factor in typical and even super human reaction times. The 9 mph buffer for VASCAR really isn't even enough when all things are considered, scientifically.

http://travel.3dresearch.com/prep1.html


Any way, to get OT, I believe the wording of the safety zone law should be amended to make it CRYSTAL clear on its intent. Not saying the DJ is right or wrong in his interpretation but if there is room for interpretation in something seemingly so simple as a safety zone, then the wording needs to be amended.


Pretty spot on except for one small thing. There is one time when an officer could cite you for 1 mph over the speed limit. An officer following you in a Police vehicle with a properly certified speedometer, and follows you for at least 3/10 mile, can cite for 1 or more mph over. It is a mechanical device but not covered under paragraphs 2 or 3, it falls under paragraph one.

I also concur, I'd like to see the safety zone law's language cleaned up some.


Yeah, but you can easily fight that one with tolerance limits on your own speedometer (within reason). No where in PA code is it a requirement to have your speedo calibrated on a regular basis. Even using stock OEM tires and depending on the age of the vehicle, your speedo in your car can vary 2-3 mph from the "real" reading. I bet 99.9% of LEO's carry over a similar buffer when following a car as well, esp. the state boys on the turnpike and 79 that are usually blowing by at 85-90 mph going no where...! :-)
#58
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