Regular Session 2023-2024 House Bill 1284 P.N. 2431

SENATE AMENDED

PRIOR PRINTER'S NOS. 1400, 1531, 1678,

2188

PRINTER'S NO. 2431

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1284

Session of

2023

INTRODUCED BY NEILSON, BULLOCK, MADDEN, HOHENSTEIN, McNEILL,

SANCHEZ, SOLOMON, FIEDLER, PARKER, WAXMAN, KHAN, KENYATTA,

WEBSTER, TAKAC, T. DAVIS, GREEN, BURGOS AND BRENNAN,

MAY 31, 2023

SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, RE-REPORTED AS

AMENDED, DECEMBER 12, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for enforcement of failure to stop for school bus with

flashing red lights, for automated speed enforcement systems

in active work zones and for pilot program for automated

speed enforcement system on designated highway and providing

for pilot program for automated speed enforcement systems in

designated school zones.

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN RULES OF THE ROAD IN GENERAL, FURTHER PROVIDING

FOR AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK ZONES

AND FOR PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM

ON DESIGNATED HIGHWAY.

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN RULES OF THE ROAD IN GENERAL, FURTHER PROVIDING

FOR AUTOMATED ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS

WITH FLASHING RED LIGHTS, FOR AUTOMATED SPEED ENFORCEMENT

SYSTEMS IN ACTIVE WORK ZONES AND FOR PILOT PROGRAM FOR

AUTOMATED SPEED ENFORCEMENT SYSTEM ON DESIGNATED HIGHWAY AND

PROVIDING FOR AUTOMATED SPEED ENFORCEMENT STUDY AND FOR PILOT

PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEMS IN DESIGNATED

SCHOOL ZONES; AND IMPOSING A PENALTY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3345.1, 3369(b)(1) and (2) and 3370

<--

heading, (a), (b), (d)(2), (j)(3) introductory paragraph, (n)(2)

and (q) of Title 75 of the Pennsylvania Consolidated Statutes

are amended to read:

§ 3345.1. Enforcement of failure to stop for school bus with

flashing red lights.

(a) General rule.--A school entity may install and operate a

side stop signal arm enforcement system for the purpose of

enforcing [the provisions of section 3345 (relating to meeting

or overtaking school bus) as reported under section 3345(a.1).]

this section.

(a.1) Violation and liability.--

(1) A motor vehicle meeting or overtaking a school bus

stopped on a highway or trafficway when the red signal lights

on the school bus are flashing and the side stop signal arms

are activated as described in section 3345 (relating to

meeting or overtaking school bus) is a violation of this

section.

(2) The owner of a motor vehicle that violates paragraph

(1) shall be liable for the penalty imposed under subsection

(c), unless the owner is convicted of a violation of section

3345 or has a defense under subsection (f). For the purposes

of this section, the lessee of a motor vehicle shall be

considered the owner of a leased vehicle.

(b) Applicability.--

[(1) Except as provided in paragraph (2), this section

shall apply to an owner of a motor vehicle meeting or

overtaking a school bus stopped on a highway or trafficway

when the red signal lights on the school bus are flashing and

the side stop signal arms are activated as described in

section 3345.]

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(2) Nothing in this section shall supersede the

provisions of:

(i) Section 3105(h) (relating to drivers of

emergency vehicles).

(ii) Section 3345 (c) or (d).

3345 enforced under] this section, the owner of the motor

vehicle shall be [liable] subject to a penalty as follows:

(1) The penalty for the violation shall be a [civil

penalty with a] fine of $300. The fine shall be distributed

as follows:

(i) $250 to the school district where the violation

occurred, which shall be utilized for the installation,

administration or maintenance of side stop signal arm

enforcement systems, including through a system

administrator contracted with the school district, on

school buses;

(ii) $25 to the primary police department that

reviewed the evidence package [to determine the violation

occurred] as required under subsection (h.2); and

(iii) $25 to the School Bus Safety Grant Program

Account.

(1.1) The fine under paragraph (1) shall not be subject

to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of

fines, etc.) or 3573 (relating to municipal corporation

portion of fines, etc.).

[(2) A rebuttable presumption shall exist that the owner

of the vehicle was the driver at the time of the alleged

violation.

(3) For each violation under this section, the owner of

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the vehicle shall be liable for the fine imposed unless the

owner is convicted of the same violation under section 3345

or has a defense under subsection (f).]

(4) A violation under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in the

provision of motor vehicle insurance coverage.

(d) Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by a side stop signal arm enforcement system and sworn

to or affirmed by a [police officer] primary police department

shall be prima facie evidence of the facts contained in it. The

school entity, the system administrator or the contracted

company that provides pupil transportation must include written

documentation that the side stop signal arm enforcement system

was operating correctly at the time of the alleged violation. A

recorded image evidencing a violation of this section [3345]

shall be admissible in any judicial or administrative proceeding

to adjudicate the liability for the violation.

(e) Limitations.--

(1) (i) Notwithstanding any other provision of law,

equipment deployed as part of a side stop signal arm

enforcement system as provided under this section must be

incapable of automated or user-controlled remote

surveillance by means of recorded video images.

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(ii) Recorded images collected as part of the side

stop signal arm enforcement system may only record

violations of this section [3345] and may not be used for

any other surveillance purposes, except as permitted

under subsection (l.1) and section 3345(a.1).

(iii) Restrictions under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be

provided to law enforcement officials if the information

is reasonably described and is requested solely in

connection with a criminal law enforcement action.

(1.1) (i) To the extent practical, an automated side

stop signal arm enforcement system shall use necessary

technologies to ensure that photographs or recorded video

images produced by the system shall not identify the

driver, the passengers or the contents of the motor

vehicle.

(ii) No [notice of liability issued under] violation

of this section may be dismissed solely because a

photograph or recorded video image allows for the

identification of the driver, passengers or contents of

the motor vehicle as long as a reasonable effort has been

made to comply with this paragraph.

(2) (i) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations of [section 3345 enforced under]

this section which [is] are kept by the system

administrator, school entity, contracted company that

provides pupil transportation or primary police

department [of the police officer having the authority to

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exercise police power in the area where the violation

occurred], its authorized agents or employees, including

recorded images, written records, reports or facsimiles,

names, addresses and the number of violations under this

section, shall be [for the exclusive use of the

department of the police officer having the authority to

exercise police power in the area where the violation

occurred, its authorized agents or employees and law

enforcement officials] exclusively used for the purpose

of [discharging their duties under] enforcing this

section through side stop signal arm enforcement systems.

(ii) The information shall not be deemed a public

record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(iii) The information may be discoverable by court

order or otherwise and may be offered in evidence in any

action or proceeding which is directly related to a

violation of [section 3345 enforced under] this section

or any other violation in connection with a criminal law

enforcement action.

(3) Images obtained through the use of a side stop

signal arm enforcement system shall be destroyed within one

year of final disposition of the recorded event. [The vendor

of a side stop signal arm enforcement system] A system

administrator contracted with a school entity shall notify

the school entity by written notice in accordance with this

section that the records have been destroyed.

(4) Notwithstanding any other provision of law,

registered motor vehicle owner information obtained as a

result of the operation of a side stop signal arm enforcement

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system shall not be the property of the [manufacturer or

vendor of the] system administrator and may not be used for

any purpose other than prescribed in this section.

(5) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

offense.

(f) Defenses.--

[(1) It shall be a defense to a prosecution using a side

stop signal arm enforcement system for a violation under

section 3345 that the person named in the citation was not

operating the vehicle at the time of the violation. The

person shall be required to submit evidence to the court that

the person was not the driver at the time of the alleged

violation.

(2) The person named in the citation shall not be

required to identify the actual driver of the vehicle at the

time the violation occurred.]

(3) It shall be a defense to a violation under this

section that the [person] owner named in the notice of the

violation was not operating the motor vehicle at the time of

the violation. The owner may be required to submit evidence

that the owner was not the driver at the time of the alleged

violation. The owner of the motor vehicle may not be required

to disclose the identity of the operator of the motor vehicle

at the time of the violation.

(4) If an owner receives a notice of violation under

this section of a time period during which the motor vehicle

was reported to a police department of any state or

municipality as having been stolen, it shall be a defense to

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a violation under this section that the motor vehicle has

been reported to a police department as stolen prior to the

time the violation occurred and had not been recovered prior

to that time.

(5) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the motor vehicle at the time of the

offense.

(6) It shall be a defense to a violation under this

section that the device being used under this section was not

in compliance with the department's regulations with respect

to testing for accuracy, certification or calibration.

(g) [Approval] Agreements.--

(1) A school entity may enter into an agreement with a

[private vendor or manufacturer to provide a side stop signal

arm enforcement system on each bus within its fleet, whether

owned, contracted or leased, up to and including the

installation, operation and maintenance of the systems.]

system administrator to enforce this section through a side

stop signal arm enforcement system.

(2) Except as otherwise provided, an agreement under

[this section] paragraph (1) shall take effect in a school

entity by vote of the local board of school directors. The

meeting to consider approval of a side stop signal arm

enforcement system shall be properly noticed under 65 Pa.C.S.

Ch. 7 (relating to open meetings).

(3) A school entity shall, prior to the enforcement of

this section through a side stop signal arm enforcement

system, enter into an intergovernmental agreement with a

primary police department to fulfill the requirements of

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subsection (h.2). Nothing in this paragraph shall be

construed to require a primary police department to enter

into an intergovernmental agreement with a school entity.

(4) Compensation under an agreement authorized by this

section shall not require a minimum or maximum number of

violations to be issued that would impact the compensation to

the system administrator.

(5) The school entity, or the system administrator on

the school entity's behalf, shall provide notice through a

publicly accessible Internet website that provides program

information, number of equipped systems, program questions

and system administrator processing information. The notice

on the website shall remain publicly accessible throughout

the period of use. If the system administrator is providing

the notice on the school entity's behalf, the notice must

identify the school entity.

(6) The school entity, or the system administrator on

the school entity's behalf, shall establish an electronic

system where all violations can be viewed by the primary

police department and the hearing officer as specified in

subsection (e).

(7) The department may audit a school entity or system

administrator to ensure compliance with this section as

determined by the department.

(h) [Duty of manufacturer or vendor] Submission of violation

information.--A [manufacturer or vendor of side stop signal arm

enforcement systems] school entity, or a system administrator on

the school entity's behalf, shall submit the following

information regarding a violation of this section to the [police

or] primary police department:

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(1) A copy of the recorded image showing the motor

vehicle.

(2) The license plate number and state of issuance of

the motor vehicle.

(3) The date, time and place of the alleged violation.

[(h.1) Duty of school district.--A school district may enter

into an intergovernmental agreement with the primary police

department with authority to issue violations using an automated

side stop signal arm enforcement system. The primary police

department is the police department in any municipality in which

the school district is located. If a municipality in which the

school district where the violation occurred is located does not

have its own police department, the school district may petition

the Pennsylvania State Police for review of the evidence package

from the automated side stop signal arm enforcement system.]

(4) Not later than July 1 annually, the school entity,

or the system administrator on the school entity's behalf,

shall submit a report to the department and the Pennsylvania

State Police for the preceding calendar year. The information

shall be compiled by the department and the Pennsylvania

State Police into a report to be jointly submitted to the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives by no later than December 31 annually. The

report shall be a public record under the Right-to-Know Law

and include:

(i) The name of the system administrator.

(ii) The number of school buses equipped with a side

stop signal arm enforcement system.

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(iii) The number of notices of violation issued.

(iv) The amount of fines imposed and collected.

(v) The amounts paid under agreements authorized by

this section for program operations and maintenance.

(vi) Identification and results of contested

violations.

(vii) Use of additional revenue funds from the

program.

(h.2) [Duty of police and police department.--Police

officers and police departments enforcing violations of section

3345 and using automated side stop signal arm enforcement

systems shall:] Police review required.--Upon receipt of

violation information under subsection (h), a primary police

department shall:

(1) Review submitted evidence [from the manufacturer or

vendor of a system] to determine if there is sufficient

evidence that a violation under this section [3345] occurred

and electronically certify the notice of violation.

(2) Provide information to [a] the school [district]

entity or a system administrator on the school entity's

behalf related to the [police or] primary police department's

capacity to view and authorize the notice of violation.

[(i) (Reserved).

(i.1) Notice of violation, fines and contest.--The following

shall apply:

(1) The following shall apply to notice of violation:

(i) In the case of a violation involving a vehicle

registered under the laws of this Commonwealth, the

notice of violation must be mailed within 30 days after

the commission of the violation or within 30 days after

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the discovery of the identity of the registered owner,

whichever is later, and not thereafter to the address of

the registered owner as listed in the records of the

department.

(ii) In the case of vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the

discovery of the identity of the registered owner and not

thereafter to the address of the registered owner as

listed in the records of the official in the jurisdiction

having charge of the registration of the vehicle.

(iii) A notice of violation under this section must

be provided to an owner within 90 days of the commission

of the offense.

(iv) The notice of violation shall have attached to

it a copy of the recorded image showing the vehicle; the

registration number and state of issuance of the vehicle

registration; the date, time and place of the alleged

violation; that the violation charged is under section

3345 and instructions for return of the notice of

violation; and instructions for how to request a hearing

with the magisterial district judge for the purpose of

contesting liability or notice.

(2) The following shall apply to payment of a fine:

(i) An owner may admit responsibility for the

violation and pay the fine as indicated on the notice of

violation.

(ii) Payment of the fine shall operate as a final

disposition of the civil penalty.

(iii) If payment is not received or the owner has

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not contested liability within 30 days of original

notice, the police department may turn the matter over to

the Magisterial District Judge where the violation

occurred. The Magisterial District Judge may assess

liability upon the owner for failure to pay the fine or

contest liability.

(3) The following shall apply to contesting liability or

notice:

(i) An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

contest the liability alleged in the notice of violation

by requesting a hearing with the magisterial district

judge where the violation occurred and completing the

payment of applicable civil filing fees.

(ii) The primary police department shall file the

notice of violation and supporting documents with the

magisterial district judge where the violation occurred

and the court shall hear and decide the matter.]

(i.2) Notice of violation.--

(1) Upon certification from a primary police department

that a violation of this section has occurred as required by

subsection (h.2), a school entity or a system administrator

on the school entity's behalf shall initiate an action to

enforce this section by sending an administrative notice of

violation to the registered owner of the motor vehicle

identified by a side stop signal arm enforcement system as

violating this section.

(2) The notice of violation shall include all of the

following:

(i) A copy of the recorded image showing the motor

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vehicle.

(ii) The registration number and state of issuance

of the motor vehicle registration.

(iii) The date, time and place of the alleged

violation.

(iv) Certification of the alleged violation from the

primary police department and written documentation that

the side stop signal arm enforcement system was operating

correctly at the time of the alleged violation as

required under subsection (d).

(v) Notice that the owner is charged with a

violation of this section.

(vi) Instructions for return of the notice of

violation and payment of the fine under subsection (i.3).

(vii) Instructions for contesting the violation

under subsection (i.4).

(viii) A statement that a violation under this

section:

(A) is not deemed a criminal conviction;

(B) will not be made part of the operating

record of the individual upon whom the violation of

this section is being imposed;

for insurance purposes; and

(D) does not authorize the imposition of

surcharge points in the provision of motor vehicle

insurance coverage.

(3) A notice of violation shall be sent by first class

mail as follows:

(i) In the case of a violation involving a motor

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vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days

after the commission of the violation or within 30 days

after the discovery of the identity of the registered

owner, whichever is later, and not thereafter to the

address of the registered owner listed in the records of

the department.

(ii) In the case of motor vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the

discovery of the identity of the registered owner and not

thereafter to the address of the registered owner as

listed in the records of the official in the jurisdiction

having charge of the registration of the motor vehicle.

(iii) A notice of violation under this section shall

be invalid unless provided to the registered owner within

90 days of the commission of the violation.

(iv) A manual or automatic record of mailing

prepared by a school entity or a system administrator in

the ordinary course of business shall be prima facie

evidence of mailing and shall be admissible in a judicial

or administrative proceeding as to the facts contained in

the notice of violation.

(i.3) Payment of fine.--Payment of the fine shall be as

follows:

(1) An owner may admit responsibility for the violation

and pay the fine provided in the notice of violation

personally, through an authorized agent, electronically or by

mailing both the payment and notice of violation to the

school entity, or to a system administrator on the school

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entity's behalf.

(2) Payment of the fine shall operate as a final

disposition of the violation of this section.

(3) If payment is not received within 90 days of mailing

of the notice of violation, the school entity or a system

administrator on the school entity's behalf may turn the

matter over to applicable credit collection agencies.

(i.4) Contest of violation.--The procedure for contesting a

violation of this section shall be as follows:

(1) An owner may, within 30 days of the mailing of the

notice of violation, request a hearing to contest liability

either personally or by an authorized agent or by mailing a

request in writing on the prescribed form or electronically .

A hearing to contest liability may be in person or be

conducted through live-stream synchronous video conferencing

or similar virtual presence technology and shall be only at

the locations and times set by school entity or the system

administrator on the school entity's behalf.

(2) Upon receipt of a hearing request, the school entity

or the system administrator on the school entity's behalf

shall in a timely manner schedule the matter before a hearing

officer designated by the department. Written notice of the

date, time and place of hearing shall be presented or sent by

first class mail to the owner.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the hearing officer

shall be final, subject to the right of the owner to appeal

the decision under paragraph (4).

(4) If the owner requests in writing an appeal of the

decision of the hearing officer, the school entity or the

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system administrator on the school entity's behalf shall file

the notice of violation and supporting documents with the

office of the magisterial district judge for the magisterial

district where the violation occurred, and the magisterial

district judge shall hear and decide the matter de novo. A

magisterial district judge shall be restricted to finding an

owner liable or not liable for violating this section, and

shall not assign damages to an owner or otherwise impose

penalties on primary police departments, police officers,

school entities or system administrators.

(5) The school entity or system administrator on the

school entity's behalf shall reimburse the department for the

actual cost of the hearing officer designated under paragraph

(2).

(j) Department approval.--

(1) No side stop signal arm enforcement system may be

used without the approval of the department, which shall have

the authority to promulgate regulations for the certification

and use of such systems.

(2) Any system installed prior to the effective date of

this paragraph shall obtain department approval within six

months of the effective date of the temporary regulations

promulgated under paragraph (3).

(3) In order to facilitate the prompt implementation of

this section, regulations promulgated by the department under

this section during the two years following the effective

date of this section shall be deemed temporary regulations,

which shall expire no later than [five] seven years following

the effective date of this section or upon promulgation of

final regulations. The temporary regulations shall not be

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subject to:

(i) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(iii) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

(k) School Bus Safety Grant Program.--

(1) The School Bus Safety Grant Program Account is

established as a restricted account in the General Fund.

Money in the account is appropriated on a continuing basis to

the department for grants under this subsection.

(2) The surcharge established under section 3345(j) and

the portion of the fine established under subsection (c)(1)

(iii) shall be deposited into the account and shall be used

by the department to implement the School Bus Safety Grant

Program[, which is established to promote and increase school

bus safety, education and training throughout this

Commonwealth]. The department shall award school bus safety

grants on a competitive basis[.] for the following purposes:

(i) To promote and increase school bus safety,

education and training throughout this Commonwealth.

(ii) To reimburse or pay for, in whole or in part,

education, training and other associated costs related to

the issuance of a commercial learner's permit, commercial

driver's license or school bus endorsement by the

department to an individual for the purpose of driving a

school bus in this Commonwealth.

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(3) The department may pay any actual administrative

costs arising from the administration of this section out of

the fines deposited into the account. [Independent school bus

contractors and school entities are eligible for the grant.]

The department shall develop a uniform application process

and regulations to administer the grant program.

(4) Independent school bus contractors and school

entities are eligible for grants under this subsection.

(l) Contracted companies.--

(1) No contracted company that provides pupil

transportation shall be liable if a side stop signal arm

enforcement system is vandalized or otherwise malfunctions.

(2) Nothing in this section shall be construed to

require a contracted company that provides pupil

transportation to take a school bus out of service due to a

nonfunctioning side stop signal arm enforcement system,

except that a contracted company shall allow the

[manufacturer or vendor of the side stop signal arm

enforcement system] school entity or a system administrator

on the school entity's behalf access to the school bus for

the purpose of repairing and maintaining a side stop signal

arm enforcement system when the school bus is not in service

at a time mutually agreeable to the contractor and [vendor]

school entity or a system administrator on the school

entity's behalf.

(3) Independent school bus contractors shall not be held

responsible for costs associated with the side stop signal

arm enforcement system, including, but not limited to,

installation, maintenance, repair, replacement or removal of

the system.

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(l.1) Construction.--Nothing in this section shall be

construed to prohibit:

(1) A school entity from supplying information captured

by a side stop signal arm enforcement system, including

photographs or recorded video images, with a written report

submitted by an operator of a school bus to a police officer

under section 3345(a.1).

(2) Information captured by a side stop signal arm

enforcement system from being admissible in a judicial

proceeding adjudicating a violation of section 3345.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Local board of school directors." A board of directors or

other governing authority of a school entity.

["Manufacturer" or "vendor." A company that creates, owns or

has a license or permission to sell, lease or distribute a side

stop signal arm enforcement system.]

"Primary police department." Either of the following:

(1) The local police department of the municipality in

which a school entity is located if the municipality has a

police department with authority to issue citations for

violations of this title.

(2) The Pennsylvania State Police if the municipality in

which a school entity is located does not have a police

department with authority to issue citations for violations

of this title.

"Pupil transportation." The transport of resident pupils of

a school district to and from preprimary, primary or secondary

schools and students to or from public, private or parochial

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schools. The term does not include transportation for field

trips.

"School entity." A school district, area career and

technical school, intermediate unit, charter school, regional

charter school or cyber charter school.

"Side stop signal arm enforcement system" or "system." A

camera system installed on a school bus with two or more camera

sensors and computers that produce recorded video and two or

more film or digital photographic still images of a motor

vehicle being used or operated in a manner that violates this

section [3345].

"Side stop signal arms." As described in section 4552(b.1)

(relating to general requirements for school buses).

"System administrator." A person that creates, owns or has a

license or permission to sell, lease, distribute or administer a

side stop signal arm enforcement system that, consistent with

the requirements of this section, is contracted by a school

entity to:

(1) Provide for the installation, operation and

maintenance of a side stop signal arm enforcement system on

one or more school buses within a school entity's fleet,

regardless of whether a school bus is owned, contracted or

leased by the school entity.

(2) Administer the enforcement of a violation of this

section through a side stop signal arm enforcement system on

a school entity's behalf as permitted by this section,

including maintaining and transmitting records, mailing

violation notices, processing violations and collecting fines

and administering contests of violations.

§ 3369. Automated speed enforcement systems in active work

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zones.

* * *

(b) Applicability.--This section shall apply to Federal aid

highways only under the jurisdiction of the department and the

Pennsylvania Turnpike Commission. An automated speed enforcement

system may not be used unless:

(1) At least two appropriate warning signs are

conspicuously placed before the active work zone notifying

the public that an automated speed enforcement device is in

use[.] and at least one of the warning signs is affixed with

flashing lights that are lit at all times when the automated

speed enforcement system is active.

(2) At least one of the signs under paragraph (1):

(i) indicates if the automated speed enforcement

system is active or not active[.]; and

(ii) is placed at least 1,000 feet before the active

work zone, unless the department determines that a lesser

distance is necessary to ensure the safety of the work

zone, comply with Federal regulations or provide adequate

traffic control in the work zone. If the department

determines that a lesser distance is necessary under this

subparagraph, the department shall place the sign prior

to the active work zone at a distance that provides

motorists with the maximum feasible advanced notification

of the automated speed enforcement system prior to

entering the active work zone.

* * *

§ 3370. [Pilot program for automated speed enforcement system

on designated highway] Automated speed enforcement

systems on designated highways.

20230HB1284PN2431 - 22 -

(a) General rule.--[A pilot program is established to

provide for an automated speed enforcement system on the

designated highway.]

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3362 (relating to

maximum speed limits) by recording violations using an

automated speed enforcement system approved by the

department.

(2) This section shall only be applicable in a city of

the first class in areas agreed upon by the system

administrator and the Secretary of Transportation. [using the

automated speed enforcement system on U.S. Route 1 (Roosevelt

Boulevard) between Ninth Street and the Philadelphia County

line shared with Bucks County.]

(b) Owner liability.--For each violation under this section,

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g). For the purposes of this section, the lessee of a vehicle

shall be considered the owner of a leased vehicle.

* * *

(d) Penalty.--The following shall apply:

* * *

(2) A penalty is authorized only for a violation of this

section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end and at two-

mile intervals of the designated highway notifying the

public that an automated speed enforcement device is in

use.

20230HB1284PN2431 - 23 -

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the

department's publicly accessible Internet website

throughout the period of use.

(iii) Prior to passage of the ordinance under

subsection (a), the governing body of a city of the first

class gave public notice of the governing body's intent

to adopt the ordinance and conducted at least one

opportunity for public comment regarding the proposed

adoption of the ordinance. The requirement under this

subparagraph shall not apply to an automated speed

enforcement system in a city of the first class

authorized prior to the effective date of this

subparagraph.

* * *

(j) System administrator.--The following shall apply:

* * *

(3) Not later than [April] September 1 annually, the

system administrator shall submit an annual report to the

chairperson and the minority chairperson of the

Transportation Committee of the Senate and the chairperson

and minority chairperson of the Transportation Committee of

the House of Representatives. The report shall be considered

a public record under the Right-to-Know Law and include for

the prior year:

* * *

(n) Hearing.--The following shall apply:

* * *

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

20230HB1284PN2431 - 24 -

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice of

the date, time and place of hearing must be sent by first

class mail to the owner. A hearing to contest liability may

be in person or be conducted through live-stream synchronous

video conferencing or similar virtual presence technology and

shall be only at the locations and times set by the system

administrator.

* * *

[(q) Expiration.--This section shall expire five years from

its effective date.]

Section 2. Title 75 is amended by adding a section to read:

§ 3 371. Pilot program for automated speed enforcement systems

in designated school zones.

(a) General rule.--A pilot program is established to provide

for an automated speed enforcement system in designated school

zones. The following shall apply:

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3365(b) (relating

to special speed limitations) by recording violations using

an automated speed enforcement system approved by the

department.

(2) This section shall only be applicable in a city of

the first class in areas agreed upon by the system

administrator and the secretary.

(b) Owner liability.--For each violation under this section,

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g). For the purposes of this section, the lessee of a vehicle

20230HB1284PN2431 - 25 -

shall be considered the owner of a leased vehicle.

of a certificate, based upon inspection of recorded images

produced by an automated speed enforcement system and sworn to

or affirmed by a police officer employed by the city of the

first class shall be prima facie evidence of the facts contained

in it. The city must include written documentation that the

automated speed enforcement system was operating correctly at

the time of the alleged violation. A recorded image evidencing a

violation of section 3365(b) shall be admissible in any judicial

or administrative proceeding to adjudicate the liability for the

violation.

(d) Penalty.--The following shall apply:

(1) The penalty for a violation under subsection (a)

shall be a fine of $150 unless a lesser amount is set by

ordinance. The ordinance may create fines for first offense,

second offense and third and subsequent offenses, but no

single fine shall exceed $150.

(2) A penalty is authorized only for a violation of this

section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end of the

designated school zone notifying the public that an

automated speed enforcement device is in use.

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the

department's publicly accessible Internet website

throughout the period of use.

(iii) The designated school zone is active as

indicated by an official traffic-control device with a

20230HB1284PN2431 - 26 -

posted speed limit of no greater than 15 miles per hour.

(iv) Prior to passage of the ordinance under

subsection (a), the governing body of a city of the first

class gave public notice of the governing body's intent

to adopt the ordinance and conducted at least one

opportunity for public comment regarding the proposed

adoption of the ordinance.

(3) A fine is not authorized during the first 30 days of

operation of an automated speed enforcement system.

(4) The system administrator may provide a written

warning to the registered owner of a vehicle determined to

have violated this section during the first 30 days of

operation of the automated speed enforcement system.

(5) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(6) No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Penalties collected

under this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(e) Liability.--Driving in excess of the posted speed limit

in a designated school zone by 11 miles per hour or more is a

violation of this section.

(f) Limitations.--The following shall apply:

(1) No automated speed enforcement system shall be

utilized in such a manner as to take a frontal view recorded

20230HB1284PN2431 - 27 -

image of the vehicle as evidence of having committed a

violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means of

recorded video images. Recorded images collected as part of

the automated speed enforcement system must only record

traffic violations and may not be used for any other

surveillance purposes, but may include video of the area

enforced when triggered by a violation. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the first class, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names, addresses and the number of

violations under this section, shall be for the exclusive use

of the city, its authorized agents, its employees and law

enforcement officials for the purpose of discharging their

duties under this section and under any ordinances and

resolutions of the city. The information shall not be deemed

a public record under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law. The information shall

20230HB1284PN2431 - 28 -

not be discoverable by court order or otherwise, nor shall it

be offered in evidence in any action or proceeding which is

not directly related to a violation of this section or any

ordinance or resolution of the city. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(4) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

recorded event except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended by

court order. The city shall file notice with the Department

of State that the records have been destroyed in accordance

with this section.

(5) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated speed enforcement system under

this section shall not be the property of the manufacturer or

vendor of the automated speed enforcement system and may not

be used for any purpose other than as prescribed in this

section.

(6) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

20230HB1284PN2431 - 29 -

offense.

(g) Defenses.--The following shall apply:

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city of the first class may not require the owner of the

vehicle to disclose the identity of the operator of the

vehicle at the time of the violation.

(2) If an owner receives a notice of violation pursuant

to this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(4) It shall be a defense to a violation under this

section that the device being used to determine speed was not

in compliance with section 3368 (relating to speed timing

devices) with respect to testing for accuracy, certification

or calibration.

(h) Department approval.--The following shall apply:

(1) No automated speed enforcement system may be used

without the approval of the department, which shall have the

authority to promulgate regulations for the certification and

use of the systems which regulations may include the use of

20230HB1284PN2431 - 30 -

radio-microwave devices, commonly referred to as electronic

speed meters or radar, or light detection and ranging

devices, commonly referred to as LIDAR, in their operations.

(2) Notwithstanding any other provision of law, the

devices identified in paragraph (1) shall be tested for

accuracy at regular intervals as designated by regulation of

the department.

(i) Duty of city.--If a city of the first class elects to

implement this section, the following provisions shall apply:

(1) The city may not use an automated speed enforcement

system unless there is posted an appropriate sign in a

conspicuous place before the area in which the automated

speed enforcement device is to be used notifying the public

that an automated speed enforcement device is in use

immediately ahead.

(2) The city shall designate or appoint the Philadelphia

Parking Authority as the system administrator to supervise

and coordinate the administration of notices of violation

issued under this section. Compensation under a contract

authorized by this paragraph shall be based only upon the

value of equipment and services provided or rendered in

support of the automated speed enforcement system program and

may not be based on the quantity of notices of violation

issued or amount of fines imposed or generated.

(3) The system administrator shall prepare a notice of

violation to the registered owner of a vehicle identified in

a recorded image produced by an automated speed enforcement

system as evidence of a violation of section 3362 (relating

to maximum speed limits). The notice of violation must be

issued by a police officer employed by the police department

20230HB1284PN2431 - 31 -

with primary jurisdiction over the area where the violation

occurred. The notice of violation shall have the following

attached to it:

(i) a copy of the recorded image showing the

vehicle;

(ii) the registration number and state of issuance

of the vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3365(b); and

(v) instructions for return of the notice of

violation, which shall read:

This notice shall be returned personally, by mail

or by an agent duly authorized in writing, within

30 days of issuance. A hearing may be obtained

upon the written request of the registered owner.

(j) System administrator.--The following shall apply:

(1) The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2) The system administrator shall process notices of

violation and penalties issued under this section.

(3) Not later than September 1 annually, the system

administrator shall submit an annual report to the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives. The report shall be considered a public

record under the Right-to-Know Law and include for the prior

20230HB1284PN2431 - 32 -

year:

(i) The number of violations and fines issued and

data regarding the speeds of vehicles in the enforcement

area.

(ii) A compilation of penalties paid and

outstanding.

(iii) The amount of money paid to a vendor or

manufacturer under this section.

(iv) The number of vehicular accidents and related

serious injuries and deaths in the designated school

zones.

(k) Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever is

later, and not thereafter to the address of the registered owner

as listed in the records of the department. In the case of motor

vehicles registered in jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the registered owner

to the address of the registered owner as listed in the records

of the official in the jurisdiction having charge of the

registration of the vehicle. A notice of violation under this

section must be provided to an owner within 90 days of the

commission of the offense.

(l) Mailing of notice and records.--Notice of violat ion must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

20230HB1284PN2431 - 33 -

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m) Payment of fine.--The following shall apply:

(1) An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2) Payment must be made personally, through an

authorized agent, electronically or by mailing both payment

and the notice of violation to the system administrator.

Payment by mail must be made only by money order, credit card

or check made payable to the system administrator. The system

administrator shall remit the fine, less the system

administrator's operation and maintenance costs necessitated

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited into the fund under this paragraph shall be used by

the department for a Transportation Enhancement Grants

Program as established by section 3116 (relating to automated

red light enforcement systems in first class cities). The

department shall award transportation enhancement grants on a

competitive basis. The department may pay actual

administrative costs arising from the department's

administration of this section. The department may not

reserve, designate or set aside a specific level of funds or

percentage of funds to an applicant prior to the completion

of the application process, nor may the department designate

a set percentage of funds to an applicant. Grants shall be

awarded by the department based on the majority vote of a

selection committee consisting of four representatives of the

department appointed by the secretary and four members

20230HB1284PN2431 - 34 -

appointed by the mayor of the city of the first class, with

the secretary or a designee of the secretary serving as

chairperson. Priority shall be given to applications seeking

grant funds for transportation enhancements in the

municipality where the automated speed camera system is

operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n) Hearing.--The following shall apply:

(1) An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice of

the date, time and place of hearing must be sent by first

class mail to the owner. A hearing to contest liability may

be in-person or be conducted through live-stream synchronous

video conferencing or similar virtual presence technology and

shall be only at the locations and times set by the system

administrator.

(3) The hearing shall be conducted pursuant to 2 Pa.C.S.

Ch. 5 (relating to practice and procedure) and shall be

subject to appeal pursuant to 2 Pa.C.S. Ch. 7 (relating to

judicial review).

20230HB1284PN2431 - 35 -

(o) Compensation to manufacturer or vendor.--If a city of

the first class has established an automated speed enforcement

system deployed as a means of promoting traffic safety and the

enforcement of the traffic laws of this Commonwealth or the

city, the compensation paid to the manufacturer or vendor of the

automated speed enforcement system may not be based upon the

number of traffic citations issued or a portion or percentage of

the fine generated by the citations. The compensation paid to

the manufacturer or vendor of the equipment shall be based upon

the value of the equipment and the services provided or rendered

in support of the automated speed enforcement system.

(p) Revenue limitation.--A city of the first class may not

collect an amount equal to or greater than 2% of its annual

budget from the collection of revenue from the issuance and

payment of violations under this section.

(q) Expiration.--This section shall expire five years from

the effective date of this section.

Section 3. The Secretary of Transportation shall transmit a

notice to the Legislative Reference Bureau for publication in

the next available issue of the Pennsylvania Bulletin when the

automated speed enforcement system is operational in the

designated school zones under 75 Pa.C.S. § 3371.

Section 4. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i)

The amendment of 75 Pa.C.S. § 3370(q).

(ii) Section 3 of this act.

(iii) This section.

(2) The addition of 75 Pa.C.S. § 3371(e) shall take

20230HB1284PN2431 - 36 -

effect 60 days after the publication in the Pennsylvania

Bulletin under section 3 of this act.

(3) The remainder of this act shall take effect in 60

days.

SECTION 1. SECTIONS 3369(K) AND 3370(Q) OF TITLE 75 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 3369. AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK

ZONES.

* * *

[(K) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

THE EFFECTIVE DATE OF THIS SECTION.]

§ 3370. PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM ON

DESIGNATED HIGHWAY.

* * *

[(Q) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

ITS EFFECTIVE DATE.]

SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

SECTION 1. SECTION 3345.1(E)(4), (F)(3), (I.2)(1), (2)(V)

AND (3)(I), (II) AND (III), (I.3)(3) AND (I.4)(4) OF TITLE 75 OF

THE PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED OCTOBER 23, 2023

(P.L.134, NO.19), ARE AMENDED TO READ:

§ 3345.1. AUTOMATED ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL

BUS WITH FLASHING RED LIGHTS.

* * *

(E) LIMITATIONS.--

* * *

(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

[REGISTERED] MOTOR VEHICLE OWNER INFORMATION OBTAINED AS A

RESULT OF THE OPERATION OF A SIDE STOP SIGNAL ARM ENFORCEMENT

SYSTEM SHALL NOT BE THE PROPERTY OF THE SCHOOL ENTITY, SYSTEM

20230HB1284PN2431 - 37 -

<--

ADMINISTRATOR ON THE SCHOOL ENTITY'S BEHALF OR CONTRACTED

COMPANY THAT PROVIDES PUPIL TRANSPORTATION AND MAY NOT BE

USED FOR ANY PURPOSE OTHER THAN PRESCRIBED IN THIS SECTION.

* * *

(F) DEFENSES.--

(3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE OWNER OF THE MOTOR VEHICLE NAMED IN THE

NOTICE OF THE VIOLATION WAS NOT [OPERATING] DRIVING THE MOTOR

VEHICLE AT THE TIME OF THE VIOLATION. THE OWNER MAY BE

REQUIRED TO SUBMIT EVIDENCE THAT THE OWNER WAS NOT THE DRIVER

AT THE TIME OF THE ALLEGED VIOLATION. THE OWNER [OF THE MOTOR

VEHICLE] MAY NOT BE REQUIRED TO DISCLOSE THE IDENTITY OF THE

[OPERATOR] DRIVER OF THE MOTOR VEHICLE AT THE TIME OF THE

VIOLATION.

* * *

(I.2) NOTICE OF VIOLATION.--

(1) UPON CERTIFICATION FROM A PRIMARY POLICE DEPARTMENT

THAT A VIOLATION OF THIS SECTION HAS OCCURRED AS REQUIRED BY

SUBSECTION (H.2), A SCHOOL ENTITY, OR A SYSTEM ADMINISTRATOR

ON THE SCHOOL ENTITY'S BEHALF, SHALL INITIATE AN ACTION TO

ENFORCE THIS SECTION BY SENDING AN ADMINISTRATIVE NOTICE OF

VIOLATION TO THE [REGISTERED] OWNER OF THE MOTOR VEHICLE

IDENTIFIED BY A SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM AS

VIOLATING THIS SECTION.

(2) THE NOTICE OF VIOLATION SHALL INCLUDE ALL OF THE

FOLLOWING:

* * *

(V) NOTICE THAT THE OWNER OF THE MOTOR VEHICLE IS

CHARGED WITH A VIOLATION OF THIS SECTION.

* * *

20230HB1284PN2431 - 38 -

(3) A NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS

MAIL AS FOLLOWS:

(I) IN THE CASE OF A VIOLATION INVOLVING A MOTOR

VEHICLE [REGISTERED UNDER] SUBJECT TO THE LAWS OF THIS

COMMONWEALTH, THE NOTICE OF VIOLATION MUST BE MAILED

WITHIN 30 DAYS AFTER THE COMMISSION OF THE VIOLATION OR

WITHIN 30 DAYS AFTER THE DISCOVERY OF THE IDENTITY OF THE

[REGISTERED] OWNER, WHICHEVER IS LATER, AND NOT

THEREAFTER TO THE ADDRESS OF THE [REGISTERED] OWNER

LISTED IN THE RECORDS OF THE DEPARTMENT.

(II) IN THE CASE OF MOTOR VEHICLES [REGISTERED IN]

FROM JURISDICTIONS OTHER THAN THIS COMMONWEALTH, THE

NOTICE OF VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER

THE DISCOVERY OF THE IDENTITY OF THE [REGISTERED] OWNER

AND NOT THEREAFTER TO THE ADDRESS OF THE [REGISTERED]

OWNER AS LISTED IN THE RECORDS OF THE OFFICIAL IN THE

JURISDICTION HAVING CHARGE OF THE REGISTRATION OF THE

MOTOR VEHICLE.

(III) A NOTICE OF VIOLATION UNDER THIS SECTION SHALL

BE INVALID UNLESS PROVIDED TO THE [REGISTERED] OWNER

WITHIN 90 DAYS OF THE COMMISSION OF THE VIOLATION.

* * *

(I.3) PAYMENT OF FINE.--PAYMENT OF THE FINE SHALL BE AS

FOLLOWS:

* * *

(3) IF PAYMENT IS NOT RECEIVED WITHIN 90 DAYS OF THE

MAILING DATE OF THE NOTICE OF VIOLATION, THE SCHOOL ENTITY,

OR A SYSTEM ADMINISTRATOR ON THE SCHOOL ENTITY'S BEHALF, MAY

REQUEST AN APPLICABLE CREDIT COLLECTION AGENCY TO RESOLVE THE

PAYMENT AMOUNT OWED.

20230HB1284PN2431 - 39 -

(I.4) CONTEST OF VIOLATION.--THE PROCEDURE FOR CONTESTING A

VIOLATION OF THIS SECTION SHALL BE AS FOLLOWS:

* * *

(4) IF, WITHIN 45 DAYS OF ISSUANCE OF THE DECISION OF

THE DEPARTMENT'S HEARING OFFICER, THE OWNER OF THE MOTOR

VEHICLE REQUESTS IN WRITING AN APPEAL OF THE DECISION OF THE

DEPARTMENT'S HEARING OFFICER, [THE SCHOOL ENTITY, OR THE

SYSTEM ADMINISTRATOR ON THE SCHOOL ENTITY'S BEHALF,] THE

OWNER SHALL FILE THE NOTICE OF VIOLATION AND SUPPORTING

DOCUMENTS WITH THE OFFICE OF THE MAGISTERIAL DISTRICT JUDGE

FOR THE MAGISTERIAL DISTRICT WHERE THE VIOLATION OCCURRED. A

MAGISTERIAL DISTRICT JUDGE SHALL HEAR AND DECIDE THE MATTER

DE NOVO AND SHALL BE RESTRICTED TO FINDING AN OWNER LIABLE OR

NOT LIABLE FOR VIOLATING THIS SECTION AND SHALL NOT ASSIGN

DAMAGES TO AN OWNER OR OTHERWISE IMPOSE PENALTIES ON PRIMARY

POLICE DEPARTMENTS, POLICE OFFICERS, SCHOOL ENTITIES, SYSTEM

ADMINISTRATORS OR OTHER PERSONS INVOLVED IN THE APPEAL

PROCESS[.], EXCEPT AS OTHERWISE PROVIDED UNDER 42 PA.C.S. §

1726 (RELATING TO ESTABLISHMENT OF TAXABLE COSTS), WHICH MAY

ONLY BE ASSESSED TO THE SCHOOL ENTITY OR SYSTEM ADMINISTRATOR

ON THE SCHOOL ENTITY'S BEHALF.

* * *

SECTION 2. SECTION 3369(B), (C.1), (D)(1), (2), (3), (4) AND

(5), (E), (F), (G), (H)(1), (3) AND (4), (I), (J) AND (K) OF

TITLE 75 ARE AMENDED TO READ:

§ 3369. AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK

ZONES.

* * *

(B) APPLICABILITY.--THIS SECTION SHALL APPLY TO FEDERAL AID

HIGHWAYS ONLY UNDER THE JURISDICTION OF THE DEPARTMENT AND THE

20230HB1284PN2431 - 40 -

PENNSYLVANIA TURNPIKE COMMISSION. AN AUTOMATED SPEED ENFORCEMENT

SYSTEM MAY NOT BE USED UNLESS:

(1) AT LEAST TWO APPROPRIATE WARNING SIGNS ARE

CONSPICUOUSLY PLACED BEFORE THE ACTIVE WORK ZONE NOTIFYING

THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT [DEVICE]

SYSTEM IS IN USE.

(2) [AT LEAST ONE OF THE SIGNS INDICATES IF THE

AUTOMATED SPEED ENFORCEMENT SYSTEM IS ACTIVE OR NOT ACTIVE.]

THE FIRST WARNING SIGN UNDER PARAGRAPH (1) SHALL:

(I) BE THE LARGEST SIZE AVAILABLE IN CONFORMANCE

WITH FEDERAL REGULATIONS, UNLESS THE DEPARTMENT OR THE

PENNSYLVANIA TURNPIKE COMMISSION DETERMINES THAT A

SMALLER SIZE IS NECESSARY TO ENSURE THE SAFETY OF THE

WORK ZONE.

(II) CLEARLY AND ACCURATELY INDICATE IF THE

AUTOMATED SPEED ENFORCEMENT SYSTEM IS ACTIVE AND IN USE.

(III) BE PLACED AT LEAST 1,000 FEET BEFORE THE

ACTIVE WORK ZONE, UNLESS THE DEPARTMENT OR THE

PENNSYLVANIA TURNPIKE COMMISSION DETERMINES THAT A LESSER

DISTANCE IS NECESSARY TO ENSURE THE SAFETY OF THE WORK

ZONE, COMPLY WITH FEDERAL REGULATIONS OR PROVIDE ADEQUATE

TRAFFIC CONTROL IN THE WORK ZONE AND IS CAPABLE OF

PROVIDING THE MOST ADVANCED NOTIFICATION AS PRACTICAL.

(IV) BE FOLLOWED IMMEDIATELY BY THE POSTED SPEED

LIMIT OF THE ACTIVE WORK ZONE AND PRIOR TO THE PLACEMENT

OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

(3) AN APPROPRIATE SIGN IS CONSPICUOUSLY PLACED IN THE

MIDDLE, IF APPROPRIATE, AND AT THE END OF THE ACTIVE WORK

ZONE.

(3.1) THE POSTED SPEED LIMIT OF THE ACTIVE WORK ZONE IS

20230HB1284PN2431 - 41 -

PLACED AT AN APPROPRIATE LOCATION WITHIN THE ACTIVE WORK ZONE

TO PROVIDE ADEQUATE NOTICE TO DRIVERS.

(4) A NOTICE IDENTIFYING THE LOCATION OF THE SPECIFIC

HIGHWAY SEGMENT WHERE THE AUTOMATED SPEED ENFORCEMENT SYSTEM

IS IN USE AND POSTED AT THE ACTIVE WORK ZONE AND ON THE

DEPARTMENT'S OR PENNSYLVANIA TURNPIKE COMMISSION'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE. THE NOTICE ON THE WEBSITES SHALL

REMAIN THROUGHOUT THE PERIOD OF USE.

* * *

(C.1) OWNER LIABILITY.--FOR EACH VIOLATION UNDER THIS

SECTION, THE OWNER OF THE MOTOR VEHICLE SHALL BE LIABLE FOR THE

PENALTY IMPOSED UNLESS THE OWNER IS CONVICTED OF THE SAME

VIOLATION UNDER ANOTHER PROVISION OF THIS TITLE OR HAS A DEFENSE

UNDER SUBSECTION (G). FOR THE PURPOSES OF THIS SECTION, THE

LESSEE OF A LEASED VEHICLE SHALL BE CONSIDERED THE OWNER OF A

MOTOR VEHICLE.

(D) NOTICE OF VIOLATION.--

(1) (I) AN ACTION TO ENFORCE THIS SECTION SHALL BE

INITIATED BY AN ADMINISTRATIVE NOTICE OF VIOLATION TO THE

[REGISTERED] OWNER OF A MOTOR VEHICLE IDENTIFIED BY AN

AUTOMATED SPEED ENFORCEMENT SYSTEM AS VIOLATING THIS

SECTION. A NOTICE OF VIOLATION BASED UPON INSPECTION OF

RECORDED IMAGES PRODUCED BY AN AUTOMATED SPEED

ENFORCEMENT SYSTEM AND SWORN OR AFFIRMED BY AN AUTHORIZED

MEMBER OF THE PENNSYLVANIA STATE POLICE SHALL BE PRIMA

FACIE EVIDENCE OF THE FACTS CONTAINED IN THE NOTICE. THE

PENNSYLVANIA STATE POLICE SHALL RECEIVE CERTIFICATION

FROM THE DEPARTMENT, THE PENNSYLVANIA TURNPIKE COMMISSION

OR THE SYSTEM ADMINISTRATOR WHEN AN AUTOMATED SPEED

ENFORCEMENT SYSTEM IS ACTIVE IN ACCORDANCE WITH

20230HB1284PN2431 - 42 -

SUBSECTION (B).

(II) THE NOTICE OF VIOLATION MUST INCLUDE WRITTEN

VERIFICATION THAT THE AUTOMATED SPEED ENFORCEMENT SYSTEM

WAS OPERATING CORRECTLY AT THE TIME OF THE ALLEGED

VIOLATION AND THE DATE OF THE MOST RECENT INSPECTION THAT

CONFIRMS THE AUTOMATED SPEED ENFORCEMENT SYSTEM TO BE

OPERATING PROPERLY.

(III) AN AUTOMATED SPEED ENFORCEMENT SYSTEM OPERATOR

SHALL COMPLETE TRAINING OFFERED BY THE MANUFACTURER OR

VENDOR OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM,

INCLUDING TRAINING ON ANY DEVICES CRITICAL TO THE

OPERATION OF THE SYSTEM, OR THE MANUFACTURER'S OR

VENDOR'S REPRESENTATIVE IN THE PROCEDURES FOR SETTING UP,

TESTING AND OPERATING AN AUTOMATED SPEED ENFORCEMENT

SYSTEM. UPON COMPLETION OF THE TRAINING, THE MANUFACTURER

OR VENDOR OR MANUFACTURER'S OR VENDOR'S REPRESENTATIVE

SHALL ISSUE A SIGNED CERTIFICATE TO THE AUTOMATED SPEED

ENFORCEMENT SYSTEM [DEVICE] OPERATOR, WHICH SHALL BE

ADMITTED AS EVIDENCE IN ANY COURT PROCEEDING FOR A

VIOLATION INVOLVING AN AUTOMATED SPEED ENFORCEMENT SYSTEM

[DEVICE]. AN AUTOMATED SPEED ENFORCEMENT SYSTEM [DEVICE]

OPERATOR SHALL FILL OUT AND SIGN A DAILY LOG FOR AN

AUTOMATED SPEED ENFORCEMENT SYSTEM, WHICH:

(A) STATES THE DATE, TIME AND LOCATION OF THE

[DEVICE] SYSTEM SETUP;

(B) STATES THAT THE AUTOMATED SPEED ENFORCEMENT

SYSTEM [DEVICE] OPERATOR SUCCESSFULLY PERFORMED AND

THE AUTOMATED SPEED ENFORCEMENT SYSTEM [DEVICE]

PASSED THE SELF-TESTS SPECIFIED BY THE MANUFACTURER

OR VENDOR OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM

20230HB1284PN2431 - 43 -

[DEVICE];

(D) SHALL BE ADMITTED IN ANY PROCEEDING FOR A

VIOLATION INVOLVING AN AUTOMATED SPEED ENFORCEMENT

SYSTEM [DEVICE].

(IV) AN AUTOMATED SPEED ENFORCEMENT SYSTEM [DEVICE]

SHALL UNDERGO AN ANNUAL CALIBRATION CHECK PERFORMED BY A

CALIBRATION LABORATORY. THE CALIBRATION LABORATORY SHALL

ISSUE A SIGNED CERTIFICATE OF CALIBRATION AFTER THE

ANNUAL CALIBRATION CHECK, WHICH SHALL BE KEPT ON FILE AND

SHALL BE ADMITTED AS EVIDENCE IN ANY PROCEEDING FOR A

VIOLATION INVOLVING AN AUTOMATED SPEED ENFORCEMENT SYSTEM

[DEVICE].

(V) THE FOLLOWING SHALL BE ATTACHED TO THE NOTICE OF

VIOLATION:

(A) A COPY OF THE RECORDED IMAGE SHOWING THE

MOTOR VEHICLE WITH ITS LICENSE PLATE VISIBLE.

(B) THE REGISTRATION NUMBER AND STATE OF

ISSUANCE OF THE MOTOR VEHICLE REGISTRATION.

ENFORCEMENT SYSTEM WAS OPERATING CORRECTLY AT THE

TIME OF THE ALLEGED VIOLATION AND THE DATE OF THE

MOST RECENT INSPECTION THAT CONFIRMS THE AUTOMATED

SPEED ENFORCEMENT SYSTEM TO BE OPERATING PROPERLY.

(D) THE DATE, TIME AND PLACE OF THE ALLEGED

VIOLATION.

(E) NOTICE THAT THE VIOLATION CHARGED IS UNDER

THIS SECTION.

(F) INSTRUCTIONS FOR RETURN OF THE NOTICE OF

VIOLATION.

20230HB1284PN2431 - 44 -

(2) IN THE CASE OF A VIOLATION INVOLVING A MOTOR VEHICLE

[REGISTERED UNDER] SUBJECT TO THE LAWS OF THIS COMMONWEALTH,

THE NOTICE OF VIOLATION SHALL BE MAILED WITHIN 30 DAYS AFTER

THE COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS AFTER THE

DISCOVERY OF THE IDENTITY OF THE [REGISTERED] OWNER,

WHICHEVER IS LATER, TO THE ADDRESS OF THE [REGISTERED] OWNER

AS LISTED IN THE RECORDS OF THE DEPARTMENT.

(3) IN THE CASE OF A VIOLATION INVOLVING A MOTOR VEHICLE

[REGISTERED IN] FROM A JURISDICTION OTHER THAN THIS

COMMONWEALTH, THE NOTICE OF VIOLATION SHALL BE MAILED WITHIN

30 DAYS AFTER THE DISCOVERY OF THE IDENTITY OF THE

[REGISTERED] OWNER TO THE ADDRESS OF THE [REGISTERED] OWNER

AS LISTED IN THE RECORDS OF THE OFFICIAL IN THE JURISDICTION

HAVING CHARGE OF THE REGISTRATION OF THE VEHICLE.

(4) A NOTICE OF VIOLATION SHALL BE INVALID UNLESS

PROVIDED TO [AN] THE OWNER WITHIN 90 DAYS OF THE OFFENSE.

(5) THE NOTICE SHALL INCLUDE THE FOLLOWING TEXT:

THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL OR BY

AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30 DAYS OF

[ISSUANCE] THE MAILING DATE OF THE NOTICE. A HEARING MAY

BE OBTAINED UPON THE WRITTEN REQUEST OF THE [REGISTERED]

OWNER.

* * *

(E) PENALTY.--

(1) IF A PERSON VIOLATES THIS SECTION AS A FIRST

OFFENSE, THE PERSON SHALL RECEIVE A WRITTEN WARNING.

(2) THE PENALTY FOR A VIOLATION UNDER THIS SECTION SHALL

BE A FINE OF $75 FOR THE SECOND OFFENSE AND $150 FOR THE

THIRD AND SUBSEQUENT OFFENSES, AND THE FINE SHALL NOT BE

SUBJECT TO 42 PA.C.S. § 3571 (RELATING TO COMMONWEALTH

20230HB1284PN2431 - 45 -

PORTION OF FINES, ETC.) OR 3573 (RELATING TO MUNICIPAL

CORPORATION PORTION OF FINES, ETC.).

(2.1) A PERSON DOES NOT COMMIT A SECOND OR SUBSEQUENT

OFFENSE UNLESS THE SECOND OFFENSE OCCURS AT LEAST 15 DAYS

AFTER THE MAILING DATE OF THE WRITTEN WARNING.

(3) THE FINE OR WARNING IS NOT AUTHORIZED DURING TIMES

WHEN THE AUTOMATED SPEED ENFORCEMENT WORK AREA IS NOT ACTIVE

AND NOT IN USE.

(4) A PENALTY IMPOSED UNDER THIS SECTION SHALL NOT:

(I) BE DEEMED A CRIMINAL CONVICTION;

(II) BE MADE PART OF THE OPERATING RECORD OF THE

INDIVIDUAL UPON WHOM THE PENALTY IS IMPOSED UNDER SECTION

1535 (RELATING TO SCHEDULE OF CONVICTIONS AND POINTS);

(III) BE THE SUBJECT OF MERIT RATING FOR INSURANCE

PURPOSES; OR

(IV) AUTHORIZE IMPOSITION OF SURCHARGE POINTS IN THE

PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.

(5) IF A PERSON WHO HAS A PRIOR VIOLATION OF THIS

SECTION BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH COMMITS

ANOTHER VIOLATION OF THIS SECTION AFTER THE EFFECTIVE DATE OF

THIS PARAGRAPH, THE VIOLATION AFTER THE EFFECTIVE DATE OF

THIS PARAGRAPH SHALL BE DEEMED A FIRST OFFENSE AND ANY

VIOLATION OCCURRING AFTER THAT VIOLATION SHALL CONSTITUTE AN

ADDITIONAL OFFENSE.

(F) LIMITATIONS.--

(1) RECORDED IMAGES COLLECTED AS PART OF THE AUTOMATED

SPEED ENFORCEMENT SYSTEM MAY RECORD ONLY VIOLATIONS OF THIS

SECTION AND MAY NOT BE USED FOR ANY OTHER SURVEILLANCE

PURPOSES. THE RESTRICTIONS PROVIDED IN THIS PARAGRAPH SHALL

NOT PRECLUDE A COURT OF COMPETENT JURISDICTION FROM ISSUING

20230HB1284PN2431 - 46 -

AN ORDER DIRECTING THAT THE INFORMATION BE PROVIDED TO LAW

ENFORCEMENT OFFICIALS, IF THE INFORMATION IS REQUESTED SOLELY

IN CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION AND IS

REASONABLY DESCRIBED.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

INFORMATION GATHERED AND MAINTAINED UNDER THIS SECTION THAT

IS KEPT BY THE COMMONWEALTH, ITS AUTHORIZED AGENTS OR ITS

EMPLOYEES, INCLUDING RECORDED IMAGES, WRITTEN RECORDS, MOTOR

VEHICLE INFORMATION, REPORTS OR FACSIMILES, NAMES AND

ADDRESSES, SHALL BE FOR THE EXCLUSIVE PURPOSE OF DISCHARGING

ITS DUTIES UNDER THIS SECTION. THE INFORMATION SHALL NOT BE

DEEMED A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14, 2008

(P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW. THE

INFORMATION SHALL NOT BE DISCOVERABLE BY COURT ORDER OR

OTHERWISE OR BE ADMISSIBLE AS EVIDENCE IN A PROCEEDING EXCEPT

TO DETERMINE LIABILITY UNDER THIS SECTION. THE RESTRICTIONS

PROVIDED IN THIS PARAGRAPH SHALL NOT PRECLUDE A COURT OF

COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING THAT

THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT OFFICIALS, IF

THE INFORMATION IS REQUESTED SOLELY IN CONNECTION WITH A

CRIMINAL LAW ENFORCEMENT ACTION AND IS REASONABLY DESCRIBED.

(3) RECORDED IMAGES OBTAINED THROUGH THE USE OF

AUTOMATED SPEED ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS OF

PROMOTING TRAFFIC SAFETY IN AUTOMATED SPEED ENFORCEMENT WORK

AREAS SHALL BE DESTROYED WITHIN ONE YEAR OF FINAL DISPOSITION

OF A NOTICE OF VIOLATION, EXCEPT THAT IMAGES SUBJECT TO A

COURT ORDER UNDER PARAGRAPH (1) OR (2) SHALL BE DESTROYED

WITHIN TWO YEARS AFTER THE DATE OF THE ORDER, UNLESS FURTHER

EXTENDED BY COURT ORDER. THE DEPARTMENT, THE PENNSYLVANIA

TURNPIKE COMMISSION OR THE SYSTEM ADMINISTRATOR SHALL RETAIN

20230HB1284PN2431 - 47 -

EVIDENCE THAT THE RECORDS HAVE BEEN DESTROYED IN ACCORDANCE

WITH THIS SECTION.

(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

[REGISTERED] MOTOR VEHICLE OWNER INFORMATION OBTAINED AS A

RESULT OF THE OPERATION OF AN AUTOMATED SPEED ENFORCEMENT

SYSTEM UNDER THIS SECTION SHALL BE THE EXCLUSIVE PROPERTY OF

THE COMMONWEALTH AND NOT THE PROPERTY OF THE MANUFACTURER OR

VENDOR OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM AND MAY NOT

BE USED FOR A PURPOSE OTHER THAN PRESCRIBED IN THIS SECTION.

(5) [A] AN INTENTIONAL VIOLATION OF THIS SUBSECTION

SHALL CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE

BY A $500 FINE. EACH VIOLATION SHALL CONSTITUTE A SEPARATE

AND DISTINCT OFFENSE.

(G) DEFENSES.--

(1) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE MOTOR VEHICLE WAS REPORTED TO A POLICE

DEPARTMENT AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED

AND WAS NOT RECOVERED PRIOR TO THAT TIME.

(2) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS

NOT THE OWNER OF THE MOTOR VEHICLE AT THE TIME OF THE

OFFENSE.

(3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE [DEVICE] AUTOMATED SPEED ENFORCEMENT SYSTEM

BEING USED TO DETERMINE SPEED WAS NOT IN COMPLIANCE WITH

SECTION 3368 (RELATING TO SPEED TIMING DEVICES) WITH RESPECT

TO TESTING FOR ACCURACY, CERTIFICATION OR CALIBRATION.

(4) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE PERSON NAMED IN THE NOTICE OF THE VIOLATION

WAS NOT DRIVING THE MOTOR VEHICLE AT THE TIME OF THE

20230HB1284PN2431 - 48 -

VIOLATION. THE DEPARTMENT OR SYSTEM ADMINISTRATOR MAY REQUIRE

THE OWNER TO SUBMIT EVIDENCE THAT THE OWNER WAS NOT THE

DRIVER AT THE TIME OF THE ALLEGED VIOLATION. THE OWNER OF THE

MOTOR VEHICLE MAY NOT BE REQUIRED TO DISCLOSE THE IDENTITY OF

THE DRIVER OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION.

(H) AUTHORITY AND DUTIES OF DEPARTMENT AND PENNSYLVANIA

TURNPIKE COMMISSION.--

(1) THE DEPARTMENT AND PENNSYLVANIA TURNPIKE COMMISSION

SHALL ESTABLISH [A FIVE-YEAR] AN AUTOMATED SPEED ENFORCEMENT

SYSTEM PROGRAM [NOT LATER THAN 18 MONTHS FOLLOWING THE

EFFECTIVE DATE OF THIS SECTION].

* * *

(3) (I) THE DEPARTMENT AND PENNSYLVANIA TURNPIKE

COMMISSION SHALL SERVE DIRECTLY OR THROUGH A CONTRACTED

PRIVATE SERVICE WITH A MANUFACTURER OR VENDOR AS THE

SYSTEM ADMINISTRATOR OF THE PROGRAM. COMPENSATION UNDER A

CONTRACT AUTHORIZED BY THIS PARAGRAPH SHALL BE BASED ONLY

UPON THE VALUE OF EQUIPMENT AND SERVICES PROVIDED OR

RENDERED IN SUPPORT OF THE AUTOMATED SPEED ENFORCEMENT

SYSTEM PROGRAM AND MAY NOT BE BASED ON THE QUANTITY OF

NOTICES OF VIOLATION ISSUED OR AMOUNT OF FINES IMPOSED OR

GENERATED.

(II) THE SYSTEM ADMINISTRATOR SHALL PREPARE AND

ISSUE NOTICES OF VIOLATION.

(III) TWO RESTRICTED ACCOUNTS ARE ESTABLISHED IN THE

STATE TREASURY FOR FINES REMITTED UNDER THIS SECTION TO

THE DEPARTMENT AND PENNSYLVANIA TURNPIKE COMMISSION,

RESPECTIVELY. THE SYSTEM ADMINISTRATOR OF THE DEPARTMENT

OR PENNSYLVANIA TURNPIKE COMMISSION, IF ANY, SHALL SEND

AN INVOICE TO THE DEPARTMENT OR PENNSYLVANIA TURNPIKE

20230HB1284PN2431 - 49 -

COMMISSION BASED, RESPECTIVELY, ON THE SERVICES UNDER

SUBPARAGRAPH (I) AND THE PENNSYLVANIA STATE POLICE UNDER

SUBSECTION (D)(1)(I). THE DEPARTMENT, PENNSYLVANIA

TURNPIKE COMMISSION AND THE PENNSYLVANIA STATE POLICE

SHALL USE THE APPROPRIATE RESTRICTED ACCOUNT TO PAY FOR

THE ADMINISTRATION OF THE [PILOT] PROGRAM AND THE SYSTEM

ADMINISTRATOR'S INVOICE COSTS, IF APPLICABLE. REMAINING

FINES SHALL BE ALLOCATED BY THE DEPARTMENT OR

PENNSYLVANIA TURNPIKE COMMISSION [FOR THE FIRST THREE

YEARS AS FOLLOWS:

(A) FORTY-FIVE PERCENT OF THE FINES FROM

VIOLATIONS OCCURRING IN AN AUTOMATED SPEED

ENFORCEMENT WORK AREA SHALL BE DEPOSITED INTO A

RESTRICTED ACCOUNT IN THE STATE TREASURY ON A

QUARTERLY BASIS. THE DEPARTMENT OF REVENUE SHALL,

WITHIN 90 DAYS OF THE DATE OF DEPOSIT, TRANSFER TO

THE PENNSYLVANIA STATE POLICE AN AMOUNT EQUIVALENT TO

THE PREVIOUS QUARTERLY DEPOSIT TO BE USED BY THE

PENNSYLVANIA STATE POLICE AS FOLLOWS:

(I) FIFTY-FIVE PERCENT OF THE FUNDS SHALL BE

DEDICATED AND USED FOR THE PURPOSE OF RECRUITING,

TRAINING OR EQUIPPING PENNSYLVANIA STATE POLICE

CADETS.

(II) FORTY-FIVE PERCENT OF THE FUNDS SHALL

BE DEDICATED AND USED TO PAY FOR AN INCREASED

PENNSYLVANIA STATE TROOPER PRESENCE IN WORK ZONES

ON THE STATE ROAD SYSTEM MANAGED BY THE

DEPARTMENT OR THE PENNSYLVANIA TURNPIKE

COMMISSION. FUNDS UNDER THIS SUBCLAUSE SHALL BE

IN ADDITION TO ANY CONTRACTUAL AGREEMENT BETWEEN

20230HB1284PN2431 - 50 -

THE DEPARTMENT OR THE PENNSYLVANIA TURNPIKE

COMMISSION AND THE PENNSYLVANIA STATE POLICE FOR

ENFORCEMENT IN WORK ZONES ON THE STATE ROAD

SYSTEM MANAGED BY THE DEPARTMENT OR THE

PENNSYLVANIA TURNPIKE COMMISSION.

(B) FIFTEEN PERCENT OF THE FINES FROM VIOLATIONS

OCCURRING IN AN AUTOMATED SPEED ENFORCEMENT WORK AREA

SHALL BE TRANSFERRED TO THE DEPARTMENT OR THE

PENNSYLVANIA TURNPIKE COMMISSION, WHICHEVER STATE

ROAD SYSTEM UTILIZED THE AUTOMATED SPEED ENFORCEMENT

SYSTEM, FOR THE PURPOSE OF WORK ZONE SAFETY, TRAFFIC

SAFETY AND EDUCATING THE MOTORING PUBLIC ON WORK ZONE

SAFETY, AT THE DISCRETION OF THE DEPARTMENT OR

PENNSYLVANIA TURNPIKE COMMISSION.

OCCURRING IN AN AUTOMATED SPEED ENFORCEMENT WORK AREA

SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND AND

SHALL BE APPROPRIATED BY THE GENERAL ASSEMBLY.

(IV) REMAINING FINES SHALL BE ALLOCATED BY THE

DEPARTMENT OR PENNSYLVANIA TURNPIKE COMMISSION FOR THE

LAST TWO YEARS TO DEVELOP A WORK ZONE AND HIGHWAY SAFETY

PROGRAM. AT A MINIMUM, FUNDS FROM THE WORK ZONE AND

HIGHWAY SAFETY PROGRAM SHALL BE USED FOR IMPROVEMENT

PROJECTS AND COUNTERMEASURES TO IMPROVE THE SAFETY IN

WORK ZONES AND ON HIGHWAYS. FUNDS MAY ALSO BE USED TO

INCREASE AWARENESS OF DISTRACTED DRIVING AND

TRANSPORTATION ENHANCEMENTS ESTABLISHED UNDER SECTION

3116 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS

IN FIRST CLASS CITIES).

(V) IF THE AMOUNT OF FUNDS UNDER SUBPARAGRAPH (III)

20230HB1284PN2431 - 51 -

(A) IS LOWER THAN THE AMOUNT OF FUNDS UNDER SUBPARAGRAPH

(III)(A) FOR THE PREVIOUS FISCAL YEAR, FUNDS FROM THE

MOTOR LICENSE FUND MAY NOT BE USED TO SUPPLEMENT THE

FUNDS FOR THE CURRENT FISCAL YEAR. FUNDING PROVIDED FOR

UNDER SUBPARAGRAPH (III)(A) SHALL BE SUPPLEMENTAL AND

SHALL NOT PROHIBIT THE PENNSYLVANIA STATE POLICE FROM

OBTAINING ADDITIONAL FUNDING FROM ANY OTHER MEANS.

(VI) IF THE FIVE-YEAR PROGRAM IS NOT EXTENDED BY THE

GENERAL ASSEMBLY, ANY REMAINING FINES REMITTED TO THE

DEPARTMENT OR PENNSYLVANIA TURNPIKE COMMISSION SHALL BE

USED AS PROVIDED UNDER SUBPARAGRAPH (IV).

(VII) THE SYSTEM ADMINISTRATOR SHALL PROVIDE AN

APPROPRIATE PRINTED FORM BY WHICH OWNERS MAY CHALLENGE A

NOTICE OF VIOLATION AND CONVENIENT HEARING HOURS AND

TIMES IN EACH OF THE FOLLOWING METROPOLITAN AREAS FOR

CHALLENGES TO BE HEARD AS PROVIDED IN THIS SECTION: ERIE,

HARRISBURG, PHILADELPHIA, PITTSBURGH AND SCRANTON. THE

FORM MAY BE INCLUDED WITH OR AS PART OF THE NOTICE OF

VIOLATION.] TO DEVELOP A WORK ZONE AND HIGHWAY SAFETY

PROGRAM. AT A MINIMUM, FUNDS FROM THE WORK ZONE AND

HIGHWAY SAFETY PROGRAM SHALL BE USED FOR IMPROVEMENT

PROJECTS, ENFORCEMENTS AND COUNTERMEASURES TO IMPROVE THE

SAFETY IN WORK ZONES AND ON HIGHWAYS. FUNDS MAY ALSO BE

USED TO INCREASE AWARENESS OF DISTRACTED DRIVING AND

TRANSPORTATION ENHANCEMENTS ESTABLISHED UNDER SECTION

3116 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS

IN FIRST CLASS CITIES).

(VIII) THE SYSTEM ADMINISTRATOR SHALL PROVIDE AN

APPROPRIATE FORM BY WHICH OWNERS OF THE MOTOR VEHICLES

MAY CHALLENGE A NOTICE OF VIOLATION. A HEARING TO CONTEST

20230HB1284PN2431 - 52 -

LIABILITY MAY BE IN PERSON OR BE CONDUCTED THROUGH LIVE-

STREAM SYNCHRONOUS VIDEO CONFERENCING OR SIMILAR VIRTUAL

PRESENCE TECHNOLOGY AND SHALL BE ONLY AT REASONABLE TIMES

SET BY THE SYSTEM ADMINISTRATOR. CHALLENGES TO BE HEARD

IN PERSON SHALL BE CONDUCTED IN, AT LEAST, ERIE,

HARRISBURG, PHILADELPHIA, PITTSBURGH AND SCRANTON. THE

FORM MAY BE INCLUDED WITH OR AS PART OF THE NOTICE OF

VIOLATION.

(4) NOT LATER THAN APRIL 1 ANNUALLY, THE DEPARTMENT, THE

PENNSYLVANIA TURNPIKE COMMISSION AND THE PENNSYLVANIA STATE

POLICE SHALL SUBMIT A REPORT ON THE PROGRAM FOR THE PRECEDING

CALENDAR YEAR TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE TRANSPORTATION

COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL

BE A PUBLIC RECORD UNDER THE RIGHT-TO-KNOW LAW AND INCLUDE:

(I) THE NUMBER OF VEHICULAR ACCIDENTS AND RELATED

SERIOUS BODILY INJURIES AND DEATHS IN ALL WORK ZONES AND

IN AUTOMATED SPEED ENFORCEMENT WORK AREAS WHERE THE

PROGRAM OPERATED.

(II) SPEED DATA.

(III) THE NUMBER OF NOTICES OF VIOLATION ISSUED AND

CONTESTED.

(IV) THE AMOUNT OF FINES IMPOSED AND COLLECTED.

(V) AMOUNTS PAID UNDER CONTRACTS AUTHORIZED BY THIS

SECTION.

[(VI) THE NUMBER OF HOURS OF PENNSYLVANIA STATE

POLICE PRESENCE IN WORK ZONES THAT WERE PROVIDED AS A

RESULT OF THE FUNDS UNDER PARAGRAPH (3)(III)(A)(II).]

(VII) USE OF FUNDS UNDER PARAGRAPH [(3)(IV)] (3)

20230HB1284PN2431 - 53 -

(III).

(I) PAYMENT OF FINE.--

(1) AN OWNER OF A MOTOR VEHICLE MAY ADMIT RESPONSIBILITY

FOR THE VIOLATION AND PAY THE FINE PROVIDED IN THE NOTICE

PERSONALLY, THROUGH AN AUTHORIZED AGENT, ELECTRONICALLY OR BY

MAILING BOTH PAYMENT AND THE NOTICE OF VIOLATION TO THE

SYSTEM ADMINISTRATOR.

(2) PAYMENT BY MAIL MUST BE MADE ONLY BY MONEY ORDER,

CREDIT CARD OR CHECK MADE PAYABLE TO THE COMMONWEALTH, THE

PENNSYLVANIA TURNPIKE COMMISSION OR THE SYSTEM ADMINISTRATOR,

AS APPLICABLE.

(3) PAYMENT OF THE FINE SHALL OPERATE AS A FINAL

DISPOSITION OF THE CASE.

(4) [IF PAYMENT IS NOT RECEIVED WITHIN 90 DAYS OF

ORIGINAL NOTICE, THE DEPARTMENT OR PENNSYLVANIA TURNPIKE

COMMISSION MAY TURN THE MATTER OVER TO APPLICABLE CREDIT

COLLECTION AGENCIES.] IF PAYMENT IS NOT RECEIVED WITHIN 90

DAYS OF THE MAILING OF THE NOTICE OF VIOLATION, THE

DEPARTMENT OR PENNSYLVANIA TURNPIKE COMMISSION MAY REQUEST AN

APPLICABLE CREDIT COLLECTION AGENCY TO RESOLVE THE PAYMENT

AMOUNT OWED.

(J) CONTEST.--

(1) AN OWNER OF A MOTOR VEHICLE MAY, WITHIN 30 DAYS OF

THE MAILING DATE OF THE NOTICE, REQUEST A HEARING TO CONTEST

LIABILITY BY APPEARING BEFORE THE SYSTEM ADMINISTRATOR EITHER

PERSONALLY OR BY AN AUTHORIZED AGENT OR BY [MAILING A REQUEST

IN WRITING ON THE PRESCRIBED FORM. APPEARANCES IN PERSON

SHALL BE ONLY AT THE LOCATIONS AND TIMES SET BY THE SYSTEM

ADMINISTRATOR.] SENDING A REQUEST ON THE PRESCRIBED FORM. A

HEARING TO CONTEST LIABILITY MAY BE IN PERSON OR BE CONDUCTED

20230HB1284PN2431 - 54 -

THROUGH LIVE-STREAM SYNCHRONOUS VIDEO CONFERENCING OR SIMILAR

VIRTUAL PRESENCE TECHNOLOGY AS DESCRIBED UNDER SUBSECTION (H)

(3)(VIII).

(2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM

ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER

BEFORE A HEARING OFFICER DESIGNATED BY THE DEPARTMENT OR

PENNSYLVANIA TURNPIKE COMMISSION. WRITTEN NOTICE OF THE DATE,

TIME AND PLACE OF HEARING MUST BE PRESENTED OR SENT BY FIRST

CLASS MAIL TO THE OWNER OF THE MOTOR VEHICLE.

(3) THE HEARING SHALL BE INFORMAL AND THE RULES OF

EVIDENCE SHALL NOT APPLY. THE DECISION OF THE HEARING OFFICER

SHALL BE MADE WITHIN 45 DAYS FROM THE HEARING DATE AND SHALL

BE FINAL, SUBJECT TO THE RIGHT OF THE OWNER OF THE MOTOR

VEHICLE TO APPEAL THE DECISION UNDER PARAGRAPH (4).

(4) IF, WITHIN 45 DAYS OF ISSUANCE OF THE DECISION OF

THE HEARING OFFICER, THE OWNER OF THE MOTOR VEHICLE REQUESTS

IN WRITING [THAT THE DECISION OF THE HEARING OFFICER BE

APPEALED, THE SYSTEM ADMINISTRATOR] AN APPEAL OF THE DECISION

OF THE HEARING OFFICER, THE OWNER OF THE MOTOR VEHICLE SHALL

FILE THE NOTICE OF VIOLATION AND SUPPORTING DOCUMENTS WITH

THE OFFICE OF THE MAGISTERIAL DISTRICT JUDGE FOR THE

MAGISTERIAL DISTRICT WHERE THE VIOLATION OCCURRED, AND [THE]

A MAGISTERIAL DISTRICT JUDGE SHALL HEAR AND DECIDE THE MATTER

DE NOVO AND SHALL BE RESTRICTED TO FINDING AN OWNER LIABLE OR

NOT LIABLE FOR VIOLATING THIS SECTION.

[(K) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

THE EFFECTIVE DATE OF THIS SECTION.]

SECTION 2.1. SECTION 3370 HEADING, (A), (B), (D)(2) AND (4),

(F), (G), (I), (J)(1) AND (3), (K), (M)(1), (N)(1) AND (2), (O)

AND (Q) OF TITLE 75 ARE AMENDED AND SUBSECTION (D) IS AMENDED BY

20230HB1284PN2431 - 55 -

ADDING A PARAGRAPH TO READ:

§ 3370. [PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM

ON DESIGNATED HIGHWAY] AUTOMATED SPEED ENFORCEMENT

SYSTEM ON DESIGNATED HIGHWAYS.

(A) GENERAL RULE.--[A PILOT PROGRAM IS ESTABLISHED TO

PROVIDE FOR AN AUTOMATED SPEED ENFORCEMENT SYSTEM ON THE

DESIGNATED HIGHWAY.] A PROGRAM IS ESTABLISHED TO PROVIDE FOR AN

AUTOMATED SPEED ENFORCEMENT SYSTEM ON U.S. ROUTE 1 (ROOSEVELT

BOULEVARD) BETWEEN NINTH STREET AND THE PHILADELPHIA COUNTY LINE

SHARED WITH BUCKS COUNTY IN A CITY OF THE FIRST CLASS. THE

FOLLOWING SHALL APPLY:

(1) A CITY OF THE FIRST CLASS, UPON PASSAGE OF AN

ORDINANCE, IS AUTHORIZED TO ENFORCE SECTION 3362 (RELATING TO

MAXIMUM SPEED LIMITS) ON ROOSEVELT BOULEVARD BY RECORDING

VIOLATIONS USING AN AUTOMATED SPEED ENFORCEMENT SYSTEM

APPROVED BY THE DEPARTMENT.

[(2) THIS SECTION SHALL ONLY BE APPLICABLE IN A CITY OF

THE FIRST CLASS IN AREAS AGREED UPON BY THE SYSTEM

ADMINISTRATOR AND THE SECRETARY OF TRANSPORTATION USING THE

AUTOMATED SPEED ENFORCEMENT SYSTEM ON U.S. ROUTE 1 (ROOSEVELT

BOULEVARD) BETWEEN NINTH STREET AND THE PHILADELPHIA COUNTY

LINE SHARED WITH BUCKS COUNTY.]

(3) A CITY OF THE FIRST CLASS MAY EXPAND THE AUTOMATED

SPEED ENFORCEMENT SYSTEM BEYOND ROOSEVELT BOULEVARD TO NO

MORE THAN FIVE CORRIDORS IF THE FOLLOWING CONDITIONS ARE MET:

(I) THE CITY OF THE FIRST CLASS, IN CONSULTATION

WITH THE DEPARTMENT, PROPOSES A NEW STATE OR LOCAL

HIGHWAY CORRIDOR WITHIN THE BORDERS OF THE CITY OF THE

FIRST CLASS ACCORDING TO SPEED DATA AND SPEED-RELATED

ACCIDENTS INVOLVING VEHICLES OR PEDESTRIANS. EACH

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PROPOSED CORRIDOR MUST INCLUDE A BEGINNING SEGMENT AND AN

END SEGMENT ON THE SAME STATE OR LOCAL ROUTE WITHIN THE

BORDERS OF THE CITY OF THE FIRST CLASS.

(II) THE CITY OF THE FIRST CLASS CONDUCTS AN

ENGINEERING AND TRAFFIC INVESTIGATION UNDER SECTION

6109(E) (RELATING TO SPECIFIC POWERS OF DEPARTMENT AND

LOCAL AUTHORITIES) ON THE POSTED SPEED LIMIT WITHIN A

PROPOSED STATE OR LOCAL HIGHWAY CORRIDOR FOR AN AUTOMATED

SPEED ENFORCEMENT SYSTEM.

(III) THE CITY OF THE FIRST CLASS PROVIDES AT LEAST

ONE OPPORTUNITY FOR PUBLIC COMMENT REGARDING THE PROPOSED

STATE OR LOCAL HIGHWAY CORRIDOR.

(4) WHEN THE CONDITIONS UNDER PARAGRAPH (3) HAVE BEEN

MET, A CITY OF THE FIRST CLASS, UPON PASSAGE OF AN ORDINANCE

FOR EACH NEW CORRIDOR, IS AUTHORIZED TO ENFORCE SECTION 3362

(RELATING TO MAXIMUM SPEED LIMITS) BY RECORDING VIOLATIONS

USING AN AUTOMATED SPEED ENFORCEMENT SYSTEM APPROVED BY THE

DEPARTMENT.

(B) OWNER LIABILITY.--FOR EACH VIOLATION UNDER THIS SECTION,

THE OWNER OF THE MOTOR VEHICLE SHALL BE LIABLE FOR THE PENALTY

IMPOSED UNLESS THE OWNER IS CONVICTED OF THE SAME VIOLATION

UNDER ANOTHER SECTION OF THIS TITLE OR HAS A DEFENSE UNDER

SUBSECTION (G). FOR THE PURPOSES OF THIS SECTION, THE LESSEE OF

A LEASED VEHICLE SHALL BE CONSIDERED THE OWNER OF THE MOTOR

VEHICLE.

* * *

(D) PENALTY.--THE FOLLOWING SHALL APPLY:

* * *

(2) A PENALTY IS AUTHORIZED ONLY FOR A VIOLATION OF THIS

SECTION IF EACH OF THE FOLLOWING APPLY:

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(I) AT LEAST TWO APPROPRIATE WARNING SIGNS ARE

CONSPICUOUSLY PLACED AT THE BEGINNING AND END AND AT TWO-

MILE INTERVALS OF THE DESIGNATED HIGHWAY NOTIFYING THE

PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT [DEVICE]

SYSTEM IS IN USE.

(II) A NOTICE IDENTIFYING THE LOCATION OF THE

AUTOMATED SPEED ENFORCEMENT SYSTEM IS POSTED ON THE

[DEPARTMENT'S] CITY OF THE FIRST CLASS'S OR SYSTEM

ADMINISTRATOR'S PUBLICLY ACCESSIBLE INTERNET WEBSITE

THROUGHOUT THE PERIOD OF USE.

* * *

(4) THE SYSTEM ADMINISTRATOR MAY PROVIDE A WRITTEN

WARNING TO THE [REGISTERED] OWNER OF A MOTOR VEHICLE

DETERMINED TO HAVE VIOLATED THIS SECTION DURING THE FIRST 30

DAYS OF OPERATION OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

* * *

(7) IF A PERSON WHO HAS A PRIOR VIOLATION OF THIS

SECTION BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH COMMITS

ANOTHER VIOLATION OF THIS SECTION AFTER THE EFFECTIVE DATE OF

THIS PARAGRAPH, THE VIOLATION AFTER THE EFFECTIVE DATE OF

THIS PARAGRAPH SHALL BE DEEMED A FIRST OFFENSE AND ANY

VIOLATION OCCURRING AFTER THAT VIOLATION SHALL CONSTITUTE AN

ADDITIONAL OFFENSE.

(F) LIMITATIONS.--THE FOLLOWING SHALL APPLY:

(1) NO AUTOMATED SPEED ENFORCEMENT SYSTEM SHALL BE

UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW RECORDED

IMAGE OF THE MOTOR VEHICLE AS EVIDENCE OF HAVING COMMITTED A

VIOLATION.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAMERA

EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED SPEED ENFORCEMENT

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SYSTEM AS PROVIDED IN THIS SECTION MUST BE INCAPABLE OF

AUTOMATED OR USER-CONTROLLED REMOTE SURVEILLANCE BY MEANS OF

RECORDED VIDEO IMAGES. RECORDED IMAGES COLLECTED AS PART OF

THE AUTOMATED SPEED ENFORCEMENT SYSTEM MUST ONLY RECORD

TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR ANY OTHER

SURVEILLANCE PURPOSES, BUT MAY INCLUDE VIDEO OF THE AREA

ENFORCED WHEN TRIGGERED BY A VIOLATION. THE RESTRICTIONS SET

FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED TO PRECLUDE A

COURT OF COMPETENT JURISDICTION FROM ISSUING AN ORDER

DIRECTING THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT

OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND IS

REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW

ENFORCEMENT ACTION.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION

RELATING TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY

THE CITY OF THE FIRST CLASS OR SYSTEM ADMINISTRATOR, ITS

AUTHORIZED AGENTS OR ITS EMPLOYEES, INCLUDING RECORDED

IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES, NAMES,

ADDRESSES, MOTOR VEHICLE INFORMATION AND THE NUMBER OF

VIOLATIONS UNDER THIS SECTION, SHALL BE FOR THE EXCLUSIVE USE

OF THE CITY, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW

ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING THEIR

DUTIES UNDER THIS SECTION AND UNDER ANY ORDINANCES AND

RESOLUTIONS OF THE CITY. THE INFORMATION SHALL NOT BE DEEMED

A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6,

NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW. THE INFORMATION SHALL

NOT BE DISCOVERABLE BY COURT ORDER OR OTHERWISE, NOR SHALL IT

BE OFFERED IN EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS

NOT DIRECTLY RELATED TO A VIOLATION OF THIS SECTION OR ANY

20230HB1284PN2431 - 59 -

ORDINANCE OR RESOLUTION OF THE CITY. THE RESTRICTIONS SET

FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED TO PRECLUDE A

COURT OF COMPETENT JURISDICTION FROM ISSUING AN ORDER

DIRECTING THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT

OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND IS

REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW

ENFORCEMENT ACTION.

(4) RECORDED IMAGES OBTAINED THROUGH THE USE OF

AUTOMATED SPEED ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS OF

PROMOTING TRAFFIC SAFETY IN A CITY OF THE FIRST CLASS SHALL

BE DESTROYED WITHIN ONE YEAR OF FINAL DISPOSITION OF ANY

RECORDED EVENT EXCEPT THAT IMAGES SUBJECT TO A COURT ORDER

UNDER PARAGRAPH (2) OR (3) SHALL BE DESTROYED WITHIN TWO

YEARS AFTER THE DATE OF THE ORDER, UNLESS FURTHER EXTENDED BY

COURT ORDER. THE CITY SHALL FILE NOTICE WITH THE [DEPARTMENT

OF STATE] DEPARTMENT THAT THE RECORDS HAVE BEEN DESTROYED IN

ACCORDANCE WITH THIS SECTION.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

[REGISTERED] MOTOR VEHICLE OWNER INFORMATION OBTAINED AS A

RESULT OF THE OPERATION OF AN AUTOMATED SPEED ENFORCEMENT

SYSTEM UNDER THIS SECTION SHALL NOT BE THE PROPERTY OF THE

MANUFACTURER OR VENDOR OF THE AUTOMATED SPEED ENFORCEMENT

SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN AS

PRESCRIBED IN THIS SECTION.

(6) [A] AN INTENTIONAL VIOLATION OF THIS SUBSECTION

SHALL CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE

BY A $500 FINE. EACH VIOLATION SHALL CONSTITUTE A SEPARATE

AND DISTINCT OFFENSE.

(G) DEFENSES.--THE FOLLOWING SHALL APPLY:

(1) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

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SECTION THAT THE PERSON NAMED IN THE NOTICE OF THE VIOLATION

WAS NOT [OPERATING] DRIVING THE MOTOR VEHICLE AT THE TIME OF

THE VIOLATION. THE OWNER OF THE MOTOR VEHICLE MAY BE REQUIRED

TO SUBMIT EVIDENCE THAT THE OWNER WAS NOT THE DRIVER AT THE

TIME OF THE ALLEGED VIOLATION. THE CITY OF THE FIRST CLASS

MAY NOT REQUIRE THE OWNER OF THE MOTOR VEHICLE TO DISCLOSE

THE IDENTITY OF THE [OPERATOR] DRIVER OF THE MOTOR VEHICLE AT

THE TIME OF THE VIOLATION.

(2) IF AN OWNER OF A MOTOR VEHICLE RECEIVES A NOTICE OF

VIOLATION PURSUANT TO THIS SECTION OF A TIME PERIOD DURING

WHICH THE MOTOR VEHICLE WAS REPORTED TO A POLICE DEPARTMENT

[OF ANY STATE OR MUNICIPALITY] AS HAVING BEEN STOLEN, IT

SHALL BE A DEFENSE TO A VIOLATION UNDER THIS SECTION THAT THE

MOTOR VEHICLE HAS BEEN REPORTED TO A POLICE DEPARTMENT AS

STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT

BEEN RECOVERED PRIOR TO THAT TIME.

(3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS

NOT THE OWNER OF THE MOTOR VEHICLE AT THE TIME OF THE

OFFENSE.

(4) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE [DEVICE] AUTOMATED SPEED ENFORCEMENT SYSTEM

BEING USED TO DETERMINE SPEED WAS NOT IN COMPLIANCE WITH

SECTION 3368 (RELATING TO SPEED TIMING DEVICES) WITH RESPECT

TO TESTING FOR ACCURACY, CERTIFICATION OR CALIBRATION.

* * *

(I) DUTY OF CITY.--[IF A CITY OF THE FIRST CLASS ELECTS TO

IMPLEMENT THIS SECTION, THE] THE FOLLOWING PROVISIONS SHALL

APPLY:

(1) [THE CITY] A CITY OF THE FIRST CLASS MAY NOT USE AN

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AUTOMATED SPEED ENFORCEMENT SYSTEM UNLESS THERE IS POSTED AN

APPROPRIATE SIGN IN A CONSPICUOUS PLACE BEFORE THE AREA IN

WHICH THE AUTOMATED SPEED ENFORCEMENT [DEVICE] SYSTEM IS TO

BE USED NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED

ENFORCEMENT [DEVICE] SYSTEM IS IN USE IMMEDIATELY AHEAD.

(2) [THE CITY] A CITY OF THE FIRST CLASS SHALL DESIGNATE

OR APPOINT THE PHILADELPHIA PARKING AUTHORITY AS THE SYSTEM

ADMINISTRATOR TO SUPERVISE AND COORDINATE THE ADMINISTRATION

OF NOTICES OF VIOLATION ISSUED UNDER THIS SECTION.

COMPENSATION UNDER A CONTRACT AUTHORIZED BY THIS PARAGRAPH

SHALL BE BASED ONLY UPON THE VALUE OF EQUIPMENT AND SERVICES

PROVIDED OR RENDERED IN SUPPORT OF THE AUTOMATED SPEED

ENFORCEMENT SYSTEM PROGRAM AND MAY NOT BE BASED ON THE

QUANTITY OF NOTICES OF VIOLATION ISSUED OR AMOUNT OF FINES

IMPOSED OR GENERATED.

(3) THE SYSTEM ADMINISTRATOR SHALL PREPARE A NOTICE OF

VIOLATION TO THE [REGISTERED] OWNER OF A MOTOR VEHICLE

IDENTIFIED IN A RECORDED IMAGE PRODUCED BY AN AUTOMATED SPEED

ENFORCEMENT SYSTEM AS EVIDENCE OF A VIOLATION OF SECTION

3362. THE NOTICE OF VIOLATION MUST BE ISSUED BY A POLICE

OFFICER EMPLOYED BY THE POLICE DEPARTMENT WITH PRIMARY

JURISDICTION OVER THE AREA WHERE THE VIOLATION OCCURRED. THE

NOTICE OF VIOLATION SHALL HAVE THE FOLLOWING ATTACHED TO IT:

(I) A COPY OF THE RECORDED IMAGE SHOWING THE MOTOR

VEHICLE;

(II) THE REGISTRATION NUMBER AND STATE OF ISSUANCE

OF THE MOTOR VEHICLE REGISTRATION;

(III) THE DATE, TIME AND PLACE OF THE ALLEGED

VIOLATION;

(IV) NOTICE THAT THE VIOLATION CHARGED IS UNDER

20230HB1284PN2431 - 62 -

SECTION 3362; AND

(V) INSTRUCTIONS FOR RETURN OF THE NOTICE OF

VIOLATION, WHICH SHALL READ:

THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL OR

BY AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30

DAYS OF ISSUANCE. A HEARING MAY BE OBTAINED UPON THE

WRITTEN REQUEST OF THE [REGISTERED] OWNER OF THE

MOTOR VEHICLE.

(J) SYSTEM ADMINISTRATOR.--THE FOLLOWING SHALL APPLY:

(1) THE SYSTEM ADMINISTRATOR MAY HIRE AND DESIGNATE

PERSONNEL AS NECESSARY OR CONTRACT FOR SERVICES THROUGH A

MANUFACTURER OR VENDOR TO IMPLEMENT THIS SECTION.

* * *

(3) NOT LATER THAN [APRIL] SEPTEMBER 1 ANNUALLY, THE

SYSTEM ADMINISTRATOR SHALL SUBMIT AN ANNUAL REPORT TO THE

CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRPERSON

AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF

THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL BE CONSIDERED

A PUBLIC RECORD UNDER THE RIGHT-TO-KNOW LAW AND INCLUDE FOR

THE PRIOR YEAR:

(I) THE NUMBER OF VIOLATIONS AND FINES ISSUED AND

DATA REGARDING THE SPEEDS OF MOTOR VEHICLES IN THE

ENFORCEMENT AREA.

(II) A COMPILATION OF PENALTIES PAID AND OUTSTANDING

AND VIOLATIONS CONTESTED.

(III) THE AMOUNT OF MONEY PAID TO A VENDOR OR

MANUFACTURER UNDER THIS SECTION.

(IV) THE NUMBER OF VEHICULAR AND PEDESTRIAN

ACCIDENTS AND RELATED SERIOUS BODILY INJURIES AND DEATHS

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ALONG THE DESIGNATED HIGHWAY.

(K) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A

MOTOR VEHICLE [REGISTERED UNDER] SUBJECT TO THE LAWS OF THIS

COMMONWEALTH, THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30

DAYS AFTER THE COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS

AFTER THE DISCOVERY OF THE IDENTITY OF THE [REGISTERED] OWNER OF

THE MOTOR VEHICLE, WHICHEVER IS LATER, AND NOT THEREAFTER TO THE

ADDRESS OF THE [REGISTERED] OWNER AS LISTED IN THE RECORDS OF

THE DEPARTMENT. IN THE CASE OF MOTOR VEHICLES [REGISTERED IN]

FROM JURISDICTIONS OTHER THAN THIS COMMONWEALTH, THE NOTICE OF

VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE DISCOVERY OF

THE IDENTITY OF THE [REGISTERED] OWNER TO THE ADDRESS OF THE

[REGISTERED] OWNER AS LISTED IN THE RECORDS OF THE OFFICIAL IN

THE JURISDICTION HAVING CHARGE OF THE REGISTRATION OF THE MOTOR

VEHICLE. A NOTICE OF VIOLATION UNDER THIS SECTION MUST BE

PROVIDED TO [AN] THE OWNER OF THE MOTOR VEHICLE WITHIN 90 DAYS

OF THE COMMISSION OF THE OFFENSE.

* * *

(M) PAYMENT OF FINE.--THE FOLLOWING SHALL APPLY:

(1) AN OWNER OF A MOTOR VEHICLE TO WHOM A NOTICE OF

VIOLATION HAS BEEN ISSUED MAY ADMIT RESPONSIBILITY FOR THE

VIOLATION AND PAY THE FINE PROVIDED IN THE NOTICE.

* * *

(N) HEARING.--THE FOLLOWING SHALL APPLY:

(1) AN OWNER OF A MOTOR VEHICLE TO WHOM A NOTICE OF

VIOLATION HAS BEEN ISSUED MAY, WITHIN 30 DAYS OF THE MAILING

DATE OF THE NOTICE, REQUEST A HEARING TO CONTEST THE

LIABILITY ALLEGED IN THE NOTICE. A HEARING REQUEST MUST BE

MADE BY APPEARING BEFORE THE SYSTEM ADMINISTRATOR DURING

REGULAR OFFICE HOURS EITHER PERSONALLY OR BY AN AUTHORIZED

20230HB1284PN2431 - 64 -

AGENT OR BY [MAILING A REQUEST IN WRITING] SENDING A REQUEST

ON THE PRESCRIBED FORM.

(2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM

ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER

BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL BE

DESIGNATED BY THE CITY OF THE FIRST CLASS. WRITTEN NOTICE OF

THE DATE, TIME AND PLACE OF HEARING MUST BE SENT BY FIRST

CLASS MAIL TO THE OWNER[.] OF THE MOTOR VEHICLE. A HEARING TO

CONTEST LIABILITY MAY BE IN PERSON OR BE CONDUCTED THROUGH

LIVE-STREAM SYNCHRONOUS VIDEO CONFERENCING OR SIMILAR VIRTUAL

PRESENCE TECHNOLOGY AND SHALL BE ONLY AT THE LOCATIONS AND

TIMES SET BY THE SYSTEM ADMINISTRATOR.

* * *

(O) COMPENSATION TO MANUFACTURER OR VENDOR.--IF A CITY OF

THE FIRST CLASS HAS ESTABLISHED AN AUTOMATED SPEED ENFORCEMENT

SYSTEM [DEPLOYED AS A MEANS OF PROMOTING TRAFFIC SAFETY AND THE

ENFORCEMENT OF THE TRAFFIC LAWS OF THIS COMMONWEALTH OR THE

CITY], THE COMPENSATION PAID TO THE MANUFACTURER OR VENDOR OF

THE AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE BASED UPON THE

NUMBER OF TRAFFIC CITATIONS ISSUED OR A PORTION OR PERCENTAGE OF

THE FINE GENERATED BY THE CITATIONS. THE COMPENSATION PAID TO

THE MANUFACTURER OR VENDOR OF THE EQUIPMENT SHALL BE BASED UPON

THE VALUE OF THE EQUIPMENT AND THE SERVICES PROVIDED OR RENDERED

IN SUPPORT OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

* * *

[(Q) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

ITS EFFECTIVE DATE.]

SECTION 3. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:

§ 3370.1. AUTOMATED SPEED ENFORCEMENT STUDY.

THE LOCAL GOVERNMENT COMMISSION SHALL CONDUCT A STUDY OF

20230HB1284PN2431 - 65 -

EXPANDING AUTOMATED SPEED ENFORCEMENT ON HIGHWAYS AND STREETS

OWNED BY MUNICIPALITIES. NO LATER THAN TWO YEARS AFTER THE

EFFECTIVE DATE OF THIS SECTION, THE LOCAL GOVERNMENT COMMISSION

SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND SHALL PROVIDE

FINDINGS AND RECOMMENDATIONS ON THE EXPANSION OF AUTOMATED SPEED

ENFORCEMENT ON HIGHWAYS AND STREETS OWNED BY MUNICIPALITIES.

§ 3371. PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEMS

IN DESIGNATED SCHOOL ZONES.

(A) GENERAL RULE.--A PILOT PROGRAM IS ESTABLISHED TO PROVIDE

FOR AN AUTOMATED SPEED ENFORCEMENT SYSTEM IN DESIGNATED SCHOOL

ZONES IN A CITY OF THE FIRST CLASS. THE FOLLOWING SHALL APPLY:

(1) THIS SECTION SHALL ONLY BE APPLICABLE IN A CITY OF

THE FIRST CLASS IN NO MORE THAN FIVE SCHOOL ZONES AGREED UPON

BY THE SYSTEM ADMINISTRATOR, ON THE CITY ' S BEHALF, AND THE

SECRETARY.

(2) A CITY OF THE FIRST CLASS SHALL CONDUCT AN

ENGINEERING AND TRAFFIC INVESTIGATION UNDER SECTION 6109(E)

(RELATING TO SPECIFIC POWERS OF DEPARTMENT AND LOCAL

AUTHORITIES) ON THE POSTED SPEED LIMIT WITHIN THE PROPOSED

SCHOOL ZONE FOR AN AUTOMATED SPEED ENFORCEMENT SYSTEM.

(3) A CITY OF THE FIRST CLASS SHALL PROVIDE AT LEAST ONE

OPPORTUNITY FOR PUBLIC COMMENT REGARDING THE PROPOSED SCHOOL

ZONE.

(4) WHEN THE REQUIREMENTS UNDER PARAGRAPHS (2) AND (3)

ARE MET, A CITY OF THE FIRST CLASS, UPON PASSAGE OF AN

ORDINANCE FOR THE SCHOOL ZONES, IS AUTHORIZED TO ENFORCE

SECTION 3365(B) (RELATING TO SPECIAL SPEED LIMITATIONS) BY

RECORDING VIOLATIONS USING AN AUTOMATED SPEED ENFORCEMENT

SYSTEM APPROVED BY THE DEPARTMENT.

(B) OWNER LIABILITY.--FOR EACH VIOLATION UNDER THIS SECTION,

20230HB1284PN2431 - 66 -

THE OWNER OF THE MOTOR VEHICLE SHALL BE LIABLE FOR THE PENALTY

IMPOSED UNDER SUBSECTION (D) UNLESS THE OWNER IS CONVICTED OF

THE SAME VIOLATION UNDER ANOTHER SECTION OF THIS TITLE OR HAS A

DEFENSE UNDER SUBSECTION (G). FOR THE PURPOSES OF THIS SECTION,

THE LESSEE OF A LEASED VEHICLE SHALL BE CONSIDERED THE OWNER OF

A MOTOR VEHICLE.

OF A CERTIFICATE, BASED UPON INSPECTION OF RECORDED IMAGES

PRODUCED BY AN AUTOMATED SPEED ENFORCEMENT SYSTEM AND SWORN TO

OR AFFIRMED BY A POLICE OFFICER EMPLOYED BY THE CITY OF THE

FIRST CLASS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED

IN IT. THE CITY MUST INCLUDE WRITTEN DOCUMENTATION THAT THE

AUTOMATED SPEED ENFORCEMENT SYSTEM WAS OPERATING CORRECTLY AT

THE TIME OF THE ALLEGED VIOLATION. A RECORDED IMAGE EVIDENCING A

VIOLATION OF SECTION 3365(B) SHALL BE ADMISSIBLE IN ANY JUDICIAL

OR ADMINISTRATIVE PROCEEDING TO ADJUDICATE THE LIABILITY FOR THE

VIOLATION.

(D) PENALTY.--

(1) THE PENALTY FOR A VIOLATION UNDER SUBSECTION (A)

SHALL BE A FINE OF $150 UNLESS A LESSER AMOUNT IS SET BY

ORDINANCE. THE ORDINANCE MAY CREATE FINES FOR FIRST OFFENSE,

SECOND OFFENSE AND THIRD AND SUBSEQUENT OFFENSES, BUT NO

SINGLE FINE SHALL EXCEED $150.

(2) A PENALTY IS AUTHORIZED ONLY FOR A VIOLATION OF THIS

SECTION IF EACH OF THE FOLLOWING APPLY:

(I) AT LEAST TWO APPROPRIATE WARNING SIGNS ARE

CONSPICUOUSLY PLACED AT THE BEGINNING AND END OF THE

DESIGNATED SCHOOL ZONE NOTIFYING THE PUBLIC THAT AN

AUTOMATED SPEED ENFORCEMENT SYSTEM IS ACTIVE AND IN USE.

(II) A NOTICE IDENTIFYING THE LOCATION OF THE

20230HB1284PN2431 - 67 -

AUTOMATED SPEED ENFORCEMENT SYSTEM IS POSTED ON THE

CITY ' S OR SYSTEM ADMINISTRATOR ' S PUBLICLY ACCESSIBLE

INTERNET WEBSITE THROUGHOUT THE PERIOD OF USE.

(III) THE DESIGNATED SCHOOL ZONE IS ACTIVE AS

INDICATED BY AN OFFICIAL TRAFFIC-CONTROL DEVICE WITH A

POSTED SPEED LIMIT OF NO GREATER THAN 15 MILES PER HOUR.

(3) A FINE IS NOT AUTHORIZED DURING THE FIRST 30 DAYS OF

OPERATION OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM.

(4) THE SYSTEM ADMINISTRATOR MAY PROVIDE A WRITTEN

WARNING TO THE REGISTERED OWNER OF A MOTOR VEHICLE DETERMINED

TO HAVE VIOLATED THIS SECTION DURING THE FIRST 30 DAYS OF

OPERATION OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

(5) A PENALTY IMPOSED UNDER THIS SECTION SHALL NOT BE

DEEMED A CRIMINAL CONVICTION AND SHALL NOT BE MADE PART OF

THE OPERATING RECORD UNDER SECTION 1535 (RELATING TO SCHEDULE

OF CONVICTIONS AND POINTS) OF THE INDIVIDUAL UPON WHOM THE

PENALTY IS IMPOSED, NOR MAY THE IMPOSITION OF THE PENALTY BE

SUBJECT TO MERIT RATING FOR INSURANCE PURPOSES.

(6) SURCHARGE POINTS MAY NOT BE IMPOSED IN THE PROVISION

OF MOTOR VEHICLE INSURANCE COVERAGE. PENALTIES COLLECTED

UNDER THIS SECTION SHALL NOT BE SUBJECT TO 42 PA.C.S. § 3571

(RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) OR 3573

(RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.).

(E) LIABILITY.--DRIVING IN EXCESS OF THE POSTED SPEED LIMIT

IN A DESIGNATED SCHOOL ZONE BY 11 MILES PER HOUR OR MORE IS A

VIOLATION OF THIS SECTION.

(F) LIMITATIONS.--

(1) AN AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE

UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW RECORDED

IMAGE OF THE MOTOR VEHICLE AS EVIDENCE OF HAVING COMMITTED A

20230HB1284PN2431 - 68 -

VIOLATION.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAMERA

EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED SPEED ENFORCEMENT

SYSTEM AS PROVIDED IN THIS SECTION MUST BE INCAPABLE OF

AUTOMATED OR USER-CONTROLLED REMOTE SURVEILLANCE BY MEANS OF

RECORDED VIDEO IMAGES. RECORDED IMAGES COLLECTED AS PART OF

THE AUTOMATED SPEED ENFORCEMENT SYSTEM MUST ONLY RECORD

TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR ANY OTHER

SURVEILLANCE PURPOSES, BUT MAY INCLUDE VIDEO OF THE AREA

ENFORCED WHEN TRIGGERED BY A VIOLATION. THE RESTRICTIONS SET

FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED TO PRECLUDE A

COURT OF COMPETENT JURISDICTION FROM ISSUING AN ORDER

DIRECTING THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT

OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND IS

REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW

ENFORCEMENT ACTION.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION

RELATED TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY THE

CITY OF THE FIRST CLASS, ITS AUTHORIZED AGENTS OR ITS

EMPLOYEES, INCLUDING RECORDED IMAGES, WRITTEN RECORDS,

REPORTS OR FACSIMILES, NAMES, ADDRESSES, MOTOR VEHICLE

INFORMATION AND THE NUMBER OF VIOLATIONS UNDER THIS SECTION,

SHALL BE FOR THE EXCLUSIVE USE OF THE CITY, ITS AUTHORIZED

AGENTS, ITS EMPLOYEES AND LAW ENFORCEMENT OFFICIALS FOR THE

PURPOSE OF DISCHARGING THEIR DUTIES UNDER THIS SECTION AND

UNDER ANY ORDINANCES AND RESOLUTIONS OF THE CITY. THE

INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT

OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-

KNOW LAW. THE INFORMATION SHALL NOT BE DISCOVERABLE BY COURT

20230HB1284PN2431 - 69 -

ORDER OR OTHERWISE, NOR SHALL IT BE OFFERED IN EVIDENCE IN

ANY ACTION OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO A

VIOLATION OF THIS SECTION OR ANY ORDINANCE OR RESOLUTION OF

THE CITY. THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH SHALL

NOT BE DEEMED TO PRECLUDE A COURT OF COMPETENT JURISDICTION

FROM ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE

PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION IS

REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN CONNECTION

WITH A CRIMINAL LAW ENFORCEMENT ACTION.

(4) RECORDED IMAGES OBTAINED THROUGH THE USE OF

AUTOMATED SPEED ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS OF

PROMOTING TRAFFIC SAFETY IN A CITY OF THE FIRST CLASS SHALL

BE DESTROYED WITHIN ONE YEAR OF FINAL DISPOSITION OF ANY

RECORDED EVENT, EXCEPT THAT IMAGES SUBJECT TO A COURT ORDER

UNDER PARAGRAPH (2) OR (3) SHALL BE DESTROYED WITHIN TWO

YEARS AFTER THE DATE OF THE ORDER, UNLESS FURTHER EXTENDED BY

COURT ORDER. A CITY OF THE FIRST CLASS SHALL FILE NOTICE WITH

THE DEPARTMENT THAT THE RECORDS HAVE BEEN DESTROYED IN

ACCORDANCE WITH THIS SECTION.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

REGISTERED MOTOR VEHICLE OWNER INFORMATION OBTAINED AS A

RESULT OF THE OPERATION OF AN AUTOMATED SPEED ENFORCEMENT

SYSTEM UNDER THIS SECTION SHALL NOT BE THE PROPERTY OF THE

MANUFACTURER OR VENDOR OF THE AUTOMATED SPEED ENFORCEMENT

SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN AS

PRESCRIBED IN THIS SECTION.

(6) A VIOLATION OF THIS SUBSECTION SHALL CONSTITUTE A

MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE BY A $500 FINE.

EACH VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT

OFFENSE.

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(G) DEFENSES.--

(1) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE PERSON NAMED IN THE NOTICE OF THE VIOLATION

WAS NOT DRIVING THE MOTOR VEHICLE AT THE TIME OF THE

VIOLATION. THE OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT

THE OWNER WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED

VIOLATION. THE CITY OF THE FIRST CLASS MAY NOT REQUIRE THE

OWNER OF THE MOTOR VEHICLE TO DISCLOSE THE IDENTITY OF THE

DRIVER OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION.

(2) IF AN OWNER RECEIVES A NOTICE OF VIOLATION UNDER

THIS SECTION OF A TIME PERIOD DURING WHICH THE MOTOR VEHICLE

WAS REPORTED TO ANY POLICE DEPARTMENT AS HAVING BEEN STOLEN,

IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS SECTION THAT

THE MOTOR VEHICLE HAD BEEN REPORTED TO A POLICE DEPARTMENT AS

STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT

BEEN RECOVERED PRIOR TO THAT TIME.

(3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS

NOT THE OWNER OF THE MOTOR VEHICLE AT THE TIME OF THE

OFFENSE.

(4) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS

SECTION THAT THE AUTOMATED SPEED ENFORCEMENT SYSTEM BEING

USED TO DETERMINE SPEED WAS NOT IN COMPLIANCE WITH SECTION

3368 (RELATING TO SPEED TIMING DEVICES) WITH RESPECT TO

TESTING FOR ACCURACY, CERTIFICATION OR CALIBRATION.

(H) DEPARTMENT APPROVAL.--

(1) NO AUTOMATED SPEED ENFORCEMENT SYSTEM MAY BE USED

WITHOUT THE APPROVAL OF THE DEPARTMENT, WHICH SHALL HAVE THE

AUTHORITY TO PROMULGATE REGULATIONS FOR THE CERTIFICATION AND

USE OF THE SYSTEMS, WHICH REGULATIONS MAY INCLUDE THE USE OF

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RADIO-MICROWAVE DEVICES, COMMONLY REFERRED TO AS ELECTRONIC

SPEED METERS OR RADAR, OR LIGHT DETECTION AND RANGING

DEVICES, COMMONLY REFERRED TO AS LIDAR, IN THEIR OPERATIONS.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

DEVICES IDENTIFIED IN PARAGRAPH (1) SHALL BE TESTED FOR

ACCURACY AT REGULAR INTERVALS AS DESIGNATED BY REGULATION OF

THE DEPARTMENT.

(I) DUTY OF CITY.--IF A CITY OF THE FIRST CLASS ELECTS TO

IMPLEMENT THIS SECTION, THE FOLLOWING PROVISIONS SHALL APPLY:

(1) THE CITY OF THE FIRST CLASS MAY NOT USE AN AUTOMATED

SPEED ENFORCEMENT SYSTEM UNLESS THERE IS POSTED AN

APPROPRIATE SIGN IN A CONSPICUOUS PLACE BEFORE THE SCHOOL

ZONE IN WHICH THE AUTOMATED SPEED ENFORCEMENT SYSTEM IS TO BE

USED NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT

SYSTEM IS IN USE IMMEDIATELY AHEAD.

(2) THE CITY OF THE FIRST CLASS SHALL DESIGNATE OR

APPOINT THE PHILADELPHIA PARKING AUTHORITY AS THE SYSTEM

ADMINISTRATOR TO SUPERVISE AND COORDINATE THE ADMINISTRATION

OF NOTICES OF VIOLATION ISSUED UNDER THIS SECTION.

COMPENSATION UNDER A CONTRACT AUTHORIZED BY THIS PARAGRAPH

SHALL BE BASED ONLY UPON THE VALUE OF EQUIPMENT AND SERVICES

PROVIDED OR RENDERED IN SUPPORT OF THE AUTOMATED SPEED

ENFORCEMENT SYSTEM PROGRAM AND MAY NOT BE BASED ON THE

QUANTITY OF NOTICES OF VIOLATION ISSUED OR AMOUNT OF FINES

IMPOSED OR GENERATED.

(3) THE SYSTEM ADMINISTRATOR SHALL PREPARE A NOTICE OF

VIOLATION TO THE REGISTERED OWNER OF A MOTOR VEHICLE

IDENTIFIED IN A RECORDED IMAGE PRODUCED BY AN AUTOMATED SPEED

ENFORCEMENT SYSTEM AS EVIDENCE OF A VIOLATION OF SECTION 3362

(RELATING TO MAXIMUM SPEED LIMITS). THE NOTICE OF VIOLATION

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MUST BE ISSUED BY A POLICE OFFICER EMPLOYED BY THE POLICE

DEPARTMENT WITH PRIMARY JURISDICTION OVER THE AREA WHERE THE

VIOLATION OCCURRED. THE NOTICE OF VIOLATION SHALL HAVE THE

FOLLOWING ATTACHED TO IT:

(I) A COPY OF THE RECORDED IMAGE SHOWING THE MOTOR

VEHICLE;

(II) THE REGISTRATION NUMBER AND STATE OF ISSUANCE

OF THE MOTOR VEHICLE REGISTRATION;

(III) THE DATE, TIME AND PLACE OF THE ALLEGED

VIOLATION;

(IV) NOTICE THAT THE VIOLATION CHARGED IS UNDER

SECTION 3365(B); AND

(V) INSTRUCTIONS FOR RETURN OF THE NOTICE OF

VIOLATION, WHICH SHALL READ:

THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL

OR BY AN AGENT DULY AUTHORIZED IN WRITING, WITHIN

30 DAYS OF ISSUANCE. A HEARING MAY BE OBTAINED

UPON THE REQUEST OF THE REGISTERED OWNER OF THE

MOTOR VEHICLE.

(J) SYSTEM ADMINISTRATOR.--

(1) THE SYSTEM ADMINISTRATOR MAY HIRE AND DESIGNATE

PERSONNEL AS NECESSARY OR CONTRACT FOR SERVICES WITH A

MANUFACTURER OR VENDOR TO IMPLEMENT THIS SECTION.

(2) THE SYSTEM ADMINISTRATOR SHALL PROCESS NOTICES OF

VIOLATION AND PENALTIES ISSUED UNDER THIS SECTION.

(3) NOT LATER THAN SEPTEMBER 1 ANNUALLY, THE SYSTEM

ADMINISTRATOR SHALL SUBMIT AN ANNUAL REPORT TO THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE TRANSPORTATION

COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE HOUSE OF

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REPRESENTATIVES. THE REPORT SHALL BE CONSIDERED A PUBLIC

RECORD UNDER THE RIGHT-TO-KNOW LAW AND INCLUDE FOR THE PRIOR

YEAR:

(I) THE NUMBER OF VIOLATIONS AND FINES ISSUED AND

DATA REGARDING THE SPEEDS OF MOTOR VEHICLES IN THE

ENFORCEMENT AREA.

(II) A COMPILATION OF PENALTIES PAID AND OUTSTANDING

AND VIOLATIONS CONTESTED.

(III) THE AMOUNT OF MONEY PAID TO A SYSTEM

ADMINISTRATOR, VENDOR OR MANUFACTURER UNDER THIS SECTION.

(IV) THE NUMBER OF VEHICULAR AND PEDESTRIAN

ACCIDENTS AND RELATED SERIOUS BODILY INJURIES AND DEATHS

IN THE DESIGNATED SCHOOL ZONES.

(K) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A

MOTOR VEHICLE REGISTERED UNDER THE LAWS OF THIS COMMONWEALTH,

THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE

COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS AFTER THE

DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER OF THE MOTOR

VEHICLE, WHICHEVER IS LATER, AND NOT THEREAFTER TO THE ADDRESS

OF THE REGISTERED OWNER AS LISTED IN THE RECORDS OF THE

DEPARTMENT. IN THE CASE OF MOTOR VEHICLES REGISTERED IN

JURISDICTIONS OTHER THAN THIS COMMONWEALTH, THE NOTICE OF

VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE DISCOVERY OF

THE IDENTITY OF THE REGISTERED OWNER TO THE ADDRESS OF THE

REGISTERED OWNER AS LISTED IN THE RECORDS OF THE OFFICIAL IN THE

JURISDICTION HAVING CHARGE OF THE REGISTRATION OF THE MOTOR

VEHICLE. A NOTICE OF VIOLATION UNDER THIS SECTION MUST BE

PROVIDED TO THE REGISTERED OWNER WITHIN 90 DAYS OF THE

COMMISSION OF THE OFFENSE.

(L) MAILING OF NOTICE AND RECORDS.--NOTICE OF VIOLATION MUST

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BE SENT BY FIRST CLASS MAIL. A MANUAL OR AUTOMATIC RECORD OF

MAILING PREPARED BY THE SYSTEM ADMINISTRATOR IN THE ORDINARY

COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF MAILING AND

SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING

AS TO THE FACTS CONTAINED IN IT.

(M) PAYMENT OF FINE.--

(1) AN OWNER OF THE MOTOR VEHICLE TO WHOM A NOTICE OF

VIOLATION HAS BEEN ISSUED MAY ADMIT RESPONSIBILITY FOR THE

VIOLATION AND PAY THE FINE PROVIDED IN THE NOTICE.

(2) PAYMENT MUST BE MADE PERSONALLY, THROUGH AN

AUTHORIZED AGENT, ELECTRONICALLY OR BY MAILING BOTH PAYMENT

AND THE NOTICE OF VIOLATION TO THE SYSTEM ADMINISTRATOR.

PAYMENT BY MAIL MUST BE MADE ONLY BY MONEY ORDER, CREDIT CARD

OR CHECK MADE PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM

ADMINISTRATOR SHALL REMIT THE FINE, LESS THE SYSTEM

ADMINISTRATOR'S OPERATION AND MAINTENANCE COSTS NECESSITATED

BY THIS SECTION, TO THE DEPARTMENT FOR DEPOSIT INTO A

RESTRICTED RECEIPTS ACCOUNT IN THE MOTOR LICENSE FUND. FINES

DEPOSITED INTO THE FUND UNDER THIS PARAGRAPH SHALL BE USED BY

THE DEPARTMENT FOR A TRANSPORTATION ENHANCEMENT GRANTS

PROGRAM AS ESTABLISHED BY SECTION 3116 (RELATING TO AUTOMATED

RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS CITIES). THE

DEPARTMENT SHALL AWARD TRANSPORTATION ENHANCEMENT GRANTS ON A

COMPETITIVE BASIS. THE DEPARTMENT MAY PAY ACTUAL

ADMINISTRATIVE COSTS ARISING FROM THE DEPARTMENT'S

ADMINISTRATION OF THIS SECTION. THE DEPARTMENT MAY NOT

RESERVE, DESIGNATE OR SET ASIDE A SPECIFIC LEVEL OF MONEY OR

PERCENTAGE OF MONEY TO AN APPLICANT PRIOR TO THE COMPLETION

OF THE APPLICATION PROCESS, NOR MAY THE DEPARTMENT DESIGNATE

A SET PERCENTAGE OF MONEY TO AN APPLICANT. GRANTS SHALL BE

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AWARDED BY THE DEPARTMENT BASED ON THE MAJORITY VOTE OF A

SELECTION COMMITTEE CONSISTING OF FOUR REPRESENTATIVES OF THE

DEPARTMENT APPOINTED BY THE SECRETARY AND FOUR MEMBERS

APPOINTED BY THE MAYOR OF THE CITY OF THE FIRST CLASS, WITH

THE SECRETARY OR A DESIGNEE OF THE SECRETARY SERVING AS

CHAIRPERSON. PRIORITY SHALL BE GIVEN TO APPLICATIONS SEEKING

GRANT MONEY FOR TRANSPORTATION ENHANCEMENTS IN THE

MUNICIPALITY WHERE THE AUTOMATED SPEED CAMERA SYSTEM IS

OPERATED.

(3) PAYMENT OF THE ESTABLISHED FINE AND APPLICABLE

PENALTIES SHALL OPERATE AS A FINAL DISPOSITION OF THE CASE.

(N) HEARING.--

(1) AN OWNER OF THE MOTOR VEHICLE TO WHOM A NOTICE OF

VIOLATION HAS BEEN ISSUED MAY, WITHIN 30 DAYS OF THE MAILING

DATE OF THE NOTICE, REQUEST A HEARING TO CONTEST THE

LIABILITY ALLEGED IN THE NOTICE. A HEARING REQUEST MUST BE

MADE BY APPEARING BEFORE THE SYSTEM ADMINISTRATOR DURING

REGULAR OFFICE HOURS EITHER PERSONALLY OR BY AN AUTHORIZED

AGENT OR BY SENDING A REQUEST ON THE PRESCRIBED FORM.

(2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM

ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER

BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL BE

DESIGNATED BY THE CITY OF THE FIRST CLASS. WRITTEN NOTICE OF

THE DATE, TIME AND PLACE OF HEARING MUST BE SENT BY FIRST

CLASS MAIL TO THE OWNER OF THE MOTOR VEHICLE. A HEARING TO

CONTEST LIABILITY MAY BE IN-PERSON OR BE CONDUCTED THROUGH

LIVE-STREAM SYNCHRONOUS VIDEO CONFERENCING OR SIMILAR VIRTUAL

PRESENCE TECHNOLOGY AND SHALL BE ONLY AT THE LOCATIONS AND

TIMES SET BY THE SYSTEM ADMINISTRATOR.

(3) THE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH 2

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PA.C.S. CH. 5 (RELATING TO PRACTICE AND PROCEDURE) AND SHALL

BE SUBJECT TO APPEAL UNDER 2 PA.C.S. CH. 7 (RELATING TO

JUDICIAL REVIEW).

(O) COMPENSATION TO MANUFACTURER OR VENDOR.--IF A CITY OF

THE FIRST CLASS HAS ESTABLISHED AN AUTOMATED SPEED ENFORCEMENT

SYSTEM, THE COMPENSATION PAID TO THE MANUFACTURER OR VENDOR OF

THE AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE BASED UPON THE

NUMBER OF TRAFFIC CITATIONS ISSUED OR A PORTION OR PERCENTAGE OF

THE FINE GENERATED BY THE CITATIONS. THE COMPENSATION PAID TO

THE MANUFACTURER OR VENDOR OF THE EQUIPMENT SHALL BE BASED UPON

THE VALUE OF THE EQUIPMENT AND THE SERVICES PROVIDED OR RENDERED

IN SUPPORT OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

(P) REVENUE LIMITATION.--A CITY OF THE FIRST CLASS MAY NOT

COLLECT AN AMOUNT EQUAL TO OR GREATER THAN 2% OF ITS ANNUAL

BUDGET FROM THE COLLECTION OF REVENUE FROM THE ISSUANCE AND

PAYMENT OF VIOLATIONS UNDER THIS SECTION.

(Q) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,

2029.

SECTION 4. THE SECRETARY OF TRANSPORTATION SHALL TRANSMIT

NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN

THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN THAT AN

AUTOMATED SPEED ENFORCEMENT SYSTEM IS OPERATIONAL IN THE

DESIGNATED SCHOOL ZONES UNDER 75 PA.C.S. § 3371.

SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THE AMENDMENT OF 75 PA.C.S. § 3345.1(E)(4), (F)

(3), (I.2)(1), (2)(V) AND (3)(I), (II) AND (III), (I.3)

(3) AND (I.4)(4).

(II) THE AMENDMENT OF 75 PA.C.S. §§ 3369(K) AND

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3370(Q).

(III) THE ADDITION OF 75 PA.C.S. § 3370.1.

(IV) SECTION 4 OF THIS ACT.

(V) THIS SECTION.

(2) THE ADDITION OF 75 PA.C.S. § 3371(E) SHALL TAKE

EFFECT 60 DAYS AFTER THE PUBLICATION IN THE PENNSYLVANIA

BULLETIN UNDER SECTION 4 OF THIS ACT.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

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