PRINTER'S NO. 3111

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2244 Session of 1984


        INTRODUCED BY RAPPAPORT, R. C. WRIGHT, REBER, RIEGER, LASHINGER,
           WOGAN, CORDISCO AND HAGARTY, JUNE 5, 1984

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 1984

                                     AN ACT

     1  Amending the act of April 12, 1957 (P.L.61, No.34), entitled "An
     2     act authorizing and empowering the Delaware River Port
     3     Authority, a body corporate and politic, functioning under
     4     the legislation enacted by the Commonwealth of Pennsylvania
     5     and the State of New Jersey, and the express consent of the
     6     Congress of the United States, to appoint policemen; make
     7     rules and regulations for the prevention of disorder, the
     8     preservation of safety, and the conservation of traffic on
     9     such bridges and in such tunnels and approaches thereto as
    10     the commission does or may hereafter operate; to prevent the
    11     evasion of the payment of tolls; and providing a penalty for
    12     the violation of any such rules or regulations or for the
    13     evasion or the attempt to evade the payment of tolls,"
    14     authorizing the issuance of citations to persons charged with
    15     evading or attempting to evade the payment of tolls.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 1 of the act of April 12, 1957 (P.L.61,
    19  No.34), entitled "An act authorizing and empowering the Delaware
    20  River Port Authority, a body corporate and politic, functioning
    21  under the legislation enacted by the Commonwealth of
    22  Pennsylvania and the State of New Jersey, and the express
    23  consent of the Congress of the United States, to appoint
    24  policemen; make rules and regulations for the prevention of

     1  disorder, the preservation of safety, and the conservation of
     2  traffic on such bridges and in such tunnels and approaches
     3  thereto as the commission does or may hereafter operate; to
     4  prevent the evasion of the payment of tolls; and providing a
     5  penalty for the violation of any such rules or regulations or
     6  for the evasion or the attempt to evade the payment of tolls,"
     7  amended November 25, 1970 (P.L.735, No.238), is amended to read:
     8     Section 1.  The Delaware River Port Authority, a body
     9  corporate and politic, functioning under the legislation enacted
    10  by the Commonwealth of Pennsylvania and the State of New Jersey,
    11  and the express consent of the Congress of the United States,
    12  and its wholly-owned subsidiary corporations through which it is
    13  effectuating its authorized purposes, shall have the power and
    14  authority to appoint the number of policemen as is found
    15  necessary to keep in safety and preserve order upon the bridges
    16  and tunnels and approaches thereto, and upon the rapid transit
    17  systems, ferries, facilities and other property as the Delaware
    18  River Port Authority or such subsidiary corporations does or may
    19  hereafter own, lease or operate; to administer to such policemen
    20  an oath or affirmation faithfully to perform the duties of their
    21  respective positions or offices; and to provide for the payment
    22  of such policemen from the tolls, fares, charges and other
    23  revenue of the Delaware River Port Authority or such subsidiary
    24  corporations. The policemen so appointed shall have the power
    25  and authority to make arrests for any crimes, misdemeanors, and
    26  offenses committed under the laws of the State of New Jersey or
    27  the Commonwealth of Pennsylvania upon the bridges or within the
    28  tunnels or approaches thereto, on the rapid transit systems,
    29  ferries, facilities or other property, for disorder or breach of
    30  the peace, or for violations of any lawful regulation which may
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     1  be adopted by the Delaware River Port Authority, or such
     2  subsidiary corporations. The policemen shall be authorized and
     3  empowered to make arrests or issue citations for evasion or
     4  attempts to evade the payment of tolls, fares or other charges
     5  which may be fixed or may have been fixed for the use of such
     6  bridge, tunnel, rapid transit system, or ferry, facility or
     7  other property.
     8     To pass over any part of the bridges or through the tunnels
     9  and approaches thereto in any vehicle for which tolls are
    10  collectible, or for any person or vehicle to use the rapid
    11  transit systems or ferries or other facilities or property
    12  without passing through the toll gates or paying the necessary
    13  tolls, fares or charges constitutes an evasion and shall subject
    14  the person so evading or attempting to evade the payment of
    15  tolls, fares or charges to arrest or receipt of a citation. Upon
    16  the apprehension or arrest of any person or persons for any of
    17  the foregoing reasons, the offender may be taken before any
    18  proper judicial officer of the Commonwealth of Pennsylvania or
    19  of the State of New Jersey without respect to the portion of the
    20  bridge, tunnel, ferry facility, rapid transit system, facilities
    21  or other property upon or within which such offense may have
    22  been committed or attempted or such offender arrested, and
    23  thereupon such judicial officer shall have power and authority
    24  to punish the offender as hereinafter provided. The Delaware
    25  River Port Authority, and its wholly-owned subsidiary
    26  corporations through which it is effectuating its authorized
    27  purposes shall have the power to adopt such rules and
    28  regulations as they may respectively deem expedient for the
    29  proper government of the bridges, tunnels, approaches thereto,
    30  rapid transit systems, ferries, facilities or other property and
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     1  for the preservation of good order, safe traffic, and proper
     2  conduct thereon or therein.
     3     Any person violating any of the provisions of this act, or of
     4  any rule or regulation adopted by the Delaware River Port
     5  Authority, or its said subsidiary corporations, or who evades or
     6  attempts to evade payment of tolls, fares or charges shall, upon
     7  summary conviction before a proper judicial officer of this
     8  Commonwealth, or of a proper judicial officer of the State of
     9  New Jersey, be sentenced to pay a fine of not less than ten
    10  dollars ($10), nor more than twenty-five dollars ($25), and
    11  costs of prosecution, and in default of the payment thereof,
    12  shall undergo imprisonment for not less than ten days nor more
    13  than thirty days, and upon conviction of any subsequent offense,
    14  shall be sentenced to pay a fine of not less than twenty-five
    15  dollars ($25), nor more than fifty dollars ($50), and costs of
    16  prosecution, or to undergo imprisonment for not less than thirty
    17  days nor more than sixty days.
    18     Section 2.  This act shall take effect immediately.








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