PRINTER'S NO. 1943
No. 1568 Session of 2005
INTRODUCED BY CREIGHTON, CALTAGIRONE, SCAVELLO AND J. TAYLOR, MAY 10, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 10, 2005
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, providing for additional automated red light 3 enforcement systems. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 75 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 3117. Additional automated red light enforcement systems. 9 (a) General rule.-- 10 (1) A local authority, upon passage of an ordinance, is 11 authorized to enforce section 3112(a)(3) (relating to 12 traffic-control signals) by recording violations using an 13 automated red light enforcement system approved by the 14 department. 15 (2) This section shall only be applicable at 16 intersections within the jurisdiction of the local authority 17 agreed upon by the local authority and the secretary. 18 (b) Owner liability.--For each violation pursuant to this
1 section, the owner of the vehicle shall be liable for the 2 penalty imposed unless the owner is convicted of the same 3 violation under another section of this title or has a defense 4 under subsection (f). 5 (c) Certificate as evidence.--A certificate, or a facsimile 6 of a certificate, based upon inspection of photographs produced 7 by an automated red light enforcement system and sworn to or 8 affirmed by a police officer employed by the local authority 9 shall be prima facie evidence of the facts contained in it. The 10 local authority must include written documentation that the 11 automated red light enforcement system was operating correctly 12 at the time of the alleged violation. A photograph evidencing a 13 violation of section 3112(a)(3) shall be admissible in any 14 judicial or administrative proceeding to adjudicate the 15 liability for the violation. 16 (d) Penalty.-- 17 (1) The penalty for a violation under subsection (a) 18 shall be a fine of $100 unless a lesser amount is set by 19 ordinance. 20 (2) A fine is not authorized for a violation of this 21 section if any of the following apply: 22 (i) The intersection is being manually controlled. 23 (ii) The signal is in the mode described in section 24 3114 (relating to flashing signals). 25 (3) A fine is not authorized during the first 120 days 26 of operation of the automated system. During the time period 27 under this paragraph, a warning may be sent to the violator. 28 (4) A penalty imposed under this section shall not be 29 deemed a criminal conviction and shall not be made part of 30 the operating record under section 1535 (relating to schedule 20050H1568B1943 - 2 -
1 of convictions and points) of the individual upon whom the 2 penalty is imposed, nor may the imposition of the penalty be 3 subject to merit rating for insurance purposes. 4 (5) No surcharge points may be imposed in the provision 5 of motor vehicle insurance coverage. Fines collected under 6 this section shall not be subject to 42 Pa.C.S. § 3571 7 (relating to Commonwealth portion of fines, etc.) or 3573 8 (relating to municipal corporation portion of fines, etc.). 9 (e) Limitations.-- 10 (1) No automated red light enforcement system shall be 11 utilized in such a manner as to take a frontal view 12 photograph of the vehicle as evidence of having committed a 13 violation. 14 (2) Notwithstanding any other provision of law, camera 15 equipment deployed as part of an automated red light 16 enforcement system as provided in this section must be 17 incapable of automated or user-controlled remote intersection 18 surveillance by means of recorded video images. Photographs 19 collected as part of the automated red light enforcement 20 system must be 35-millimeter film only, must only record 21 traffic violations and may not be used for any other 22 surveillance purposes. The restrictions set forth in this 23 paragraph shall not be deemed to preclude a court of 24 competent jurisdiction from issuing an order directing that 25 the information be provided to law enforcement officials if 26 the information is reasonably described and is requested 27 solely in connection with a criminal law enforcement action. 28 (3) Notwithstanding any other provision of law, 29 information prepared under this section and information 30 relating to violations under this section which is kept by 20050H1568B1943 - 3 -
1 the local authority, its authorized agents or its employees, 2 including photographs, written records, reports or 3 facsimiles, names, addresses and the number of violations 4 under this section, shall be for the exclusive use of the 5 local authority, its authorized agents, its employees and law 6 enforcement officials for the purpose of discharging their 7 duties under this section and under any ordinances and 8 resolutions of the local authority. The information shall not 9 be deemed a public record under the act of June 21, 1957 10 (P.L.390, No.212), referred to as the Right-to-Know Law. The 11 information shall not be discoverable by court order or 12 otherwise, nor shall it be offered in evidence in any action 13 or proceeding which is not directly related to a violation of 14 this section or any ordinance or resolution of the local 15 authority. The restrictions set forth in this paragraph shall 16 not be deemed to preclude a court of competent jurisdiction 17 from issuing an order directing that the information be 18 provided to law enforcement officials if the information is 19 reasonably described and is requested solely in connection 20 with a criminal law enforcement action. 21 (4) Photographic evidence obtained through the use of 22 automated red light enforcement systems deployed as a means 23 of promoting traffic safety within the jurisdiction of a 24 local authority shall be destroyed within one year of final 25 disposition of any recorded event. The local authority shall 26 file notice with the Department of State that the records 27 have been destroyed in accordance with this section. 28 (5) Notwithstanding any other provision of law, 29 registered vehicle owner information obtained as a result of 30 the operation of an automated red light enforcement system 20050H1568B1943 - 4 -
1 under this section shall not be the property of the 2 manufacturer or vendor of the automated red light enforcement 3 system and may not be used for any purpose other than 4 prescribed in this section. 5 (f) Defenses.-- 6 (1) It shall be a defense to a violation under this 7 section that the person named in the notice of the violation 8 was not operating the vehicle at the time of the violation. 9 The owner may be required to submit evidence that the owner 10 was not the driver at the time of the alleged violation. The 11 local authority may not require the owner of the vehicle to 12 disclose the identity of the operator of the vehicle at the 13 time of the violation. 14 (2) If an owner receives a notice of violation pursuant 15 to this section of a time period during which the vehicle was 16 reported to a police department of any state or municipality 17 as having been stolen, it shall be a defense to a violation 18 pursuant to this section that the vehicle has been reported 19 to a police department as stolen prior to the time the 20 violation occurred and had not been recovered prior to that 21 time. 22 (3) It shall be a defense to a violation under this 23 section that the person receiving the notice of violation was 24 not the owner of the vehicle at the time of the offense. 25 (g) Department approval.--No automated red light enforcement 26 system may be used without the approval of the department, which 27 shall have the authority to promulgate regulations for the 28 certification and use of such systems. 29 (h) Duty of local authority.--If a local authority elects to 30 implement this section, the following provisions shall apply: 20050H1568B1943 - 5 -
1 (1) The local authority may not use an automated red 2 light enforcement system unless there is posted an 3 appropriate sign in a conspicuous place before the area in 4 which the automated red light enforcement device is to be 5 used notifying the public that an automated red light 6 enforcement device is in use immediately ahead. 7 (2) The local authority shall designate or appoint a 8 system administrator to supervise and coordinate the 9 administration of notices of violation issued under this 10 section. 11 (3) The system administrator shall prepare a notice of 12 violation to the registered owner of a vehicle identified in 13 a photograph produced by an automated red light enforcement 14 system as evidence of a violation of section 3112(a)(3). The 15 issuance of the notice of violation must be done by a police 16 officer employed by the police department with primary 17 jurisdiction over the area where the violation occurred. The 18 notice of violation shall have attached to it a copy of the 19 recorded image showing the vehicle; the registration number 20 and state of issuance of the vehicle registration; the date, 21 time and place of the alleged violation; that the violation 22 charged is under section 3112(a)(3); and instructions for 23 return of the notice of violation. The text of the notice 24 must be as follows: 25 This notice shall be returned personally, by mail or by 26 an agent duly authorized in writing, within 30 days of 27 issuance. A hearing may be obtained upon the written 28 request of the registered owner. 29 (i) System administrator.-- 30 (1) The system administrator may hire and designate 20050H1568B1943 - 6 -
1 personnel as necessary or contract for services to implement 2 this section. 3 (2) The system administrator shall process fines under 4 subsection (1). 5 (3) The system administrator shall file an annual report 6 to the chairman and the minority chairman of the 7 Transportation Committee of the Senate and the chairman and 8 minority chairman of the Transportation Committee of the 9 House of Representatives. The report shall include for the 10 prior year: 11 (i) The number of violations and fines issued. 12 (ii) A compilation of fines paid and outstanding. 13 (iii) The amount of money paid to a vendor or 14 manufacturer under this section. 15 (j) Notice to owner.--In the case of a violation involving a 16 motor vehicle registered under the laws of this Commonwealth, 17 the notice of violation must be mailed within 14 days of the 18 violation, exclusive of Sundays and holidays, to the address of 19 the registered owner as listed in the records of the department. 20 In the case of motor vehicles registered in jurisdictions other 21 than this Commonwealth, the notice of violation must be mailed 22 within 21 days of the violation, exclusive of Sundays and 23 holidays, to the address of the registered owner as listed in 24 the records of the official in the jurisdiction having charge of 25 the registration of the vehicle. 26 (k) Mailing of notice and records.--Notice of violation must 27 be sent by first class mail. A manual or automatic record of 28 mailing prepared by the system administrator in the ordinary 29 course of business shall be prima facie evidence of mailing and 30 shall be admissible in any judicial or administrative proceeding 20050H1568B1943 - 7 -
1 as to the facts contained in it. 2 (l) Payment of fine.-- 3 (1) An owner to whom a notice of violation has been 4 issued may admit responsibility for the violation and pay the 5 fine provided in the notice. 6 (2) Payment must be made personally, through an 7 authorized agent or by mailing both payment and the notice of 8 violation to the system administrator. Payment by mail must 9 be made only by money order, credit card or check made 10 payable to the system administrator. The system administrator 11 shall remit the fine to the department for deposit into the 12 Motor License Fund. Fines deposited in the fund under this 13 paragraph shall be used by the department as follows: 14 (i) To reimburse the system administrator for costs 15 associated with the implementation of this section. This 16 subparagraph includes costs for operation and 17 maintenance. 18 (ii) To develop, by regulation, a Transportation 19 Enhancements Grant Program. 20 (3) Payment of the established fine and applicable 21 penalties shall operate as a final disposition of the case. 22 (m) Hearing.-- 23 (1) An owner to whom a notice of violation has been 24 issued may, within 30 days of the mailing of the notice, 25 request a hearing to contest the liability alleged in the 26 notice. A hearing request must be made by appearing before 27 the system administrator during regular office hours either 28 personally or by an authorized agent or by mailing a request 29 in writing. 30 (2) Upon receipt of a hearing request, the system 20050H1568B1943 - 8 -
1 administrator shall in a timely manner schedule the matter 2 before a hearing officer. The hearing officer shall be 3 designated by the local authority. Written notice of the 4 date, time and place of hearing must be sent by first class 5 mail to the owner. 6 (3) The hearing shall be informal; the rules of evidence 7 shall not apply; and the decision of the hearing officer 8 shall be final, subject to the right of the owner to appeal 9 the decision to the district justice or traffic court. 10 (4) If the owner requests in writing that the decision 11 of the hearing officer be appealed to the district justice or 12 traffic court, the system administrator shall file the notice 13 of violation and supporting documents with the district 14 justice or traffic court, which shall hear and decide the 15 matter de novo. 16 (n) Compensation to manufacturer or vendor.--If a local 17 authority has established an automated red light enforcement 18 system deployed as a means of promoting traffic safety and the 19 enforcement of the traffic laws of this Commonwealth or the 20 local authority, the compensation paid to the manufacturer or 21 vendor of the automated red light enforcement system may not be 22 based upon the number of traffic citations issued or a portion 23 or percentage of the fine generated by the citations. The 24 compensation paid to the manufacturer or vendor of the equipment 25 shall be based upon the value of the equipment and the services 26 provided or rendered in support of the automated red light 27 enforcement system. 28 (o) Duration of yellow light change interval.--The duration 29 of the yellow light change interval at intersections where 30 automated red light enforcement systems are in use shall conform 20050H1568B1943 - 9 -
1 to the yellow light change interval duration specified on the 2 traffic signal permit issued. 3 (p) Revenue limitation.--A local authority may not collect 4 an amount equal to or greater than 5% of its annual budget from 5 the collection of revenue from the issuance and payment of 6 violations under this section. 7 (q) Delay.--An automated red light enforcement system under 8 this section must function with a 0.5 second delay. 9 (r) Expiration.--This section shall expire December 31, 10 2008. 11 Section 2. This act shall take effect in 60 days. A19L75BIL/20050H1568B1943 - 10 -