SENATE AMENDED

 

PRIOR PRINTER'S NOS. 205, 2963, 3443

PRINTER'S NO.  3874

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

254

Session of

2011

  

  

INTRODUCED BY GROVE, BOYD, CLYMER, D. COSTA, DENLINGER, GINGRICH, HARRIS, HORNAMAN, M. K. KELLER, MILLER, MOUL, VULAKOVICH, MURT, KAVULICH, BURNS, REICHLEY, MULLERY, MARSHALL, LAWRENCE, BRIGGS AND KORTZ, JANUARY 26, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 2012   

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, further providing for display of registration plate

<--

3

and for learners' permits; providing for automated red light

<--

4

enforcement systems in certain municipalities; and further

5

providing for specific powers of department and local

6

authorities.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

Section 1.  Section 1505(e) of Title 75 of the Pennsylvania

<--

10

Consolidated Statutes, amended October 25, 2011 (P.L.334,

11

No.81), is amended and the section is amended by adding a

12

subsection to read:

13

Section 1.  Section 1332(b)(2) of Title 75 of the

<--

14

Pennsylvania Consolidated Statutes is amended to read:

15

§ 1332.  Display of registration plate.

16

* * *

17

(b)  Obscuring plate.--It is unlawful to display on any

18

vehicle a registration plate which:

 


1

* * *

2

(2)  is obscured in any manner which inhibits the proper

3

operation of an automated red light enforcement system in

4

place pursuant to section 3116 (relating to automated red

5

light enforcement systems in first class cities) or 3117

6

(relating to automated red light enforcement systems in

7

certain municipalities); or

8

* * *

9

Section 2.  Section 1505(e) of Title 75, amended October 25,

10

2011 (P.L.334, No.81), is amended and the section is amended by

11

adding a subsection to read:

12

§ 1505.  Learners' permits.

13

* * *

14

(e)  Authorization to test for driver's license and junior

15

driver's license.--A person with a learner's permit is

16

authorized to take the examination for a regular or junior

17

driver's license for the class of vehicle for which a permit is

18

held. Before a person under the age of 18 years may take the

19

examination for a junior driver's license, including a Class M

20

license to operate a motorcycle, the minor must:

21

(1)  Have held a learner's permit for that class of

22

vehicle for a period of six months.

23

(2)  Present to the department a certification form

24

signed by the father, mother, guardian, person in loco

25

parentis or spouse of a married minor stating that the minor

26

applicant has:

27

(i)  completed 65 hours of practical driving 

28

experience[, including] accompanied as required under

29

subsection (b); and

30

(ii)  except for a Class M license to operate a

- 2 -

 


1

motorcycle, the 65 hours included no less than ten hours

2

of nighttime driving and five hours of inclement weather

3

driving[, accompanied as required under subsection (b).

4

Submission of a certification shall not subject the

5

parent, guardian, person in loco parentis or spouse of a

6

married minor to any liability based upon the

7

certification].

8

(3)  Have the certification form completed when the minor

9

is ready for the licensing examination. The certification

10

form shall be developed by the department and will be

11

provided by the department when the original application for

12

a learner's permit is processed. The department will make

13

this form readily available through the mail or electronic

14

means.

15

(4)  For a Class M license to operate a motorcycle,

16

present evidence of successful completion of the department-

17

approved motorcycle safety course.

18

* * *

19

(g)  Liability.--Submission of a certification under

20

subsection (e)(2) shall not subject the parent, guardian, person

21

in loco parentis or spouse of a married minor to any liability

22

based upon the certification.

23

Section 2.  This act shall take effect in 60 days.

<--

24

Section 3.  Section 3116 of Title 75, amended December 22,

<--

25

2011 (P.L.596, No.129), is reenacted and amended to read:

26

§ 3116.  Automated red light enforcement systems in first class

27

cities.

28

(a)  General rule.--

29

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

30

ordinance, is authorized to enforce section 3112(a)(3)

- 3 -

 


1

(relating to traffic-control signals) by recording violations

2

using an automated red light enforcement system approved by

3

the department.

4

(2)  This section shall only be applicable at

5

intersections in the city of the first class agreed upon by

6

the system administrator and the Secretary of Transportation

7

who shall consider using the automated red light enforcement

8

system at the following intersections:

9

(i)  U.S. Route 1 (Roosevelt Boulevard) at Grant

10

Avenue, at Red Lion Road and at Cottman Street.

11

(ii)  Kensington Avenue at Clearfield Street.

12

(iii)  Richmond Street at Allegheny Avenue and at

13

Castor Avenue.

14

(iv)  Aramingo Avenue at York Street.

15

(v)  Thompson Street at Lehigh Avenue.

16

(vi)  Broad Street at Washington Avenue.

17

(b)  Owner liability.--For each violation pursuant to this

18

section, the owner of the vehicle shall be liable for the

19

penalty imposed unless the owner is convicted of the same

20

violation under another section of this title or has a defense

21

under subsection (f).

22

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

23

of a certificate, based upon inspection of recorded images

24

produced by an automated red light enforcement system and sworn

25

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

26

first class shall be prima facie evidence of the facts contained

27

in it. The city must include written documentation that the

28

automated red light enforcement system was operating correctly

29

at the time of the alleged violation. A recorded image

30

evidencing a violation of section 3112(a)(3) shall be admissible

- 4 -

 


1

in any judicial or administrative proceeding to adjudicate the

2

liability for the violation.

3

(d)  Penalty.--

4

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

5

shall be a fine of $100 unless a lesser amount is set by

6

ordinance.

7

(2)  A fine is not authorized for a violation of this

8

section if any of the following apply:

9

(i)  The intersection is being manually controlled.

10

(ii)  The signal is in the mode described in section

11

3114 (relating to flashing signals).

12

(3)  A fine is not authorized during:

13

(i)  The first 120 days of operation of the automated

14

system at the initial intersection.

15

(ii)  The first [60] 45 days for each additional

16

intersection selected for the automated system.

17

(3.1)  A warning may be sent to the violator under

18

paragraph (3).

19

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

20

deemed a criminal conviction and shall not be made part of

21

the operating record under section 1535 (relating to schedule

22

of convictions and points) of the individual upon whom the

23

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

24

subject to merit rating for insurance purposes.

25

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

26

of motor vehicle insurance coverage. Fines collected under

27

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

28

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

29

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

30

(e)  Limitations.--

- 5 -

 


1

(1)  No automated red light enforcement system shall be

2

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

3

image of the vehicle as evidence of having committed a

4

violation.

5

(2)  Notwithstanding any other provision of law, camera

6

equipment deployed as part of an automated red light

7

enforcement system as provided in this section must be

8

incapable of automated or user-controlled remote intersection

9

surveillance by means of recorded video images. Recorded

10

images collected as part of the automated red light

11

enforcement system must only record traffic violations and

12

may not be used for any other surveillance purposes. The

13

restrictions set forth in this paragraph shall not be deemed

14

to preclude a court of competent jurisdiction from issuing an

15

order directing that the information be provided to law

16

enforcement officials if the information is reasonably

17

described and is requested solely in connection with a

18

criminal law enforcement action.

19

(3)  Notwithstanding any other provision of law,

20

information prepared under this section and information

21

relating to violations under this section which is kept by

22

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

23

employees, including recorded images, written records,

24

reports or facsimiles, names, addresses and the number of

25

violations under this section, shall be for the exclusive use

26

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

27

enforcement officials for the purpose of discharging their

28

duties under this section and under any ordinances and

29

resolutions of the city. The information shall not be deemed

30

a public record under the act of [June 21, 1957 (P.L.390,

- 6 -

 


1

No.212), referred to] February 14, 2008 (P.L.6, No.3), known 

2

as the Right-to-Know Law. The information shall not be

3

discoverable by court order or otherwise, nor shall it be

4

offered in evidence in any action or proceeding which is not

5

directly related to a violation of this section or any

6

ordinance or resolution of the city. The restrictions set

7

forth in this paragraph shall not be deemed to preclude a

8

court of competent jurisdiction from issuing an order

9

directing that the information be provided to law enforcement

10

officials if the information is reasonably described and is

11

requested solely in connection with a criminal law

12

enforcement action.

13

(4)  Recorded images obtained through the use of

14

automated red light enforcement systems deployed as a means

15

of promoting traffic safety in a city of the first class

16

shall be destroyed within one year of final disposition of

17

any recorded event. The city shall file notice with the

18

Department of State that the records have been destroyed in

19

accordance with this section.

20

(5)  Notwithstanding any other provision of law,

21

registered vehicle owner information obtained as a result of

22

the operation of an automated red light enforcement system

23

under this section shall not be the property of the

24

manufacturer or vendor of the automated red light enforcement

25

system and may not be used for any purpose other than

26

prescribed in this section.

27

(f)  Defenses.--

28

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

29

section that the person named in the notice of the violation

30

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

- 7 -

 


1

The owner may be required to submit evidence that the owner

2

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

3

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

4

vehicle to disclose the identity of the operator of the

5

vehicle at the time of the violation.

6

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

7

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

8

reported to a police department of any state or municipality

9

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

10

pursuant to this section that the vehicle has been reported

11

to a police department as stolen prior to the time the

12

violation occurred and had not been recovered prior to that

13

time.

14

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

15

section that the person receiving the notice of violation was

16

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

17

(g)  Department approval.--No automated red light enforcement

18

system may be used without the approval of the department, which

19

shall have the authority to promulgate regulations for the

20

certification and use of such systems.

21

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

22

implement this section, the following provisions shall apply:

23

(1)  The city may not use an automated red light

24

enforcement system unless there is posted an appropriate sign

25

in a conspicuous place before the area in which the automated

26

red light enforcement device is to be used notifying the

27

public that an automated red light enforcement device is in

28

use immediately ahead.

29

(2)  The city shall designate or appoint the Philadelphia

30

Parking Authority as the system administrator to supervise

- 8 -

 


1

and coordinate the administration of notices of violation

2

issued under this section.

3

(3)  The system administrator shall prepare a notice of

4

violation to the registered owner of a vehicle identified in

5

a recorded image produced by an automated red light

6

enforcement system as evidence of a violation of section

7

3112(a)(3). The issuance of the notice of violation must be

8

done by a police officer employed by the police department

9

with primary jurisdiction over the area where the violation

10

occurred. The notice of violation shall have attached to it a

11

copy of the recorded image showing the vehicle; the

12

registration number and state of issuance of the vehicle

13

registration; the date, time and place of the alleged

14

violation; that the violation charged is under section

15

3112(a)(3); and instructions for return of the notice of

16

violation. The text of the notice must be as follows:

17

This notice shall be returned personally, by mail or by

18

an agent duly authorized in writing, within 30 days of

19

issuance. A hearing may be obtained upon the written

20

request of the registered owner.

21

(i)  System administrator.--

22

(1)  The system administrator may hire and designate

23

personnel as necessary or contract for services to implement

24

this section.

25

(2)  The system administrator shall process fines issued

26

pursuant to this section.

27

(3)  The system administrator shall submit an annual

28

report to the chairman and the minority chairman of the

29

Transportation Committee of the Senate and the chairman and

30

minority chairman of the Transportation Committee of the

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1

House of Representatives. The report shall be considered a

2

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

3

prior year:

4

(i)  The number of violations and fines issued.

5

(ii)  A compilation of fines paid and outstanding.

6

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

7

manufacturer under this section.

8

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

9

motor vehicle registered under the laws of this Commonwealth,

10

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

11

commission of the violation or within 30 days after the

12

discovery of the identity of the registered owner, whichever is

13

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

14

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

15

vehicles registered in jurisdictions other than this

16

Commonwealth, the notice of violation must be mailed within 30

17

days after the discovery of the identity of the registered

18

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

19

as listed in the records of the official in the jurisdiction

20

having charge of the registration of the vehicle. A notice of

21

violation under this section must be provided to an owner within

22

90 days of the commission of the offense.

23

(k)  Mailing of notice and records.--Notice of violation must

24

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

25

mailing prepared by the system administrator in the ordinary

26

course of business shall be prima facie evidence of mailing and

27

shall be admissible in any judicial or administrative proceeding

28

as to the facts contained in it.

29

(l)  Payment of fine.--

30

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

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1

issued may admit responsibility for the violation and pay the

2

fine provided in the notice.

3

(2)  Payment must be made personally, through an

4

authorized agent, electronically or by mailing both payment

5

and the notice of violation to the system administrator.

6

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

7

or check made payable to the system administrator. The system

8

administrator shall remit the fine, less the system

9

administrator's operation and maintenance costs necessitated

10

by this section, to the department for deposit into a

11

restricted receipts account in the Motor License Fund. Fines

12

deposited in the fund under this paragraph shall be used by

13

the department to develop, by regulation, a Transportation

14

Enhancements Grant Program. The department shall award

15

transportation enhancement grants on a competitive basis. The

16

department may pay any actual administrative costs arising

17

from its administration of this section. The department may

18

not reserve, designate or set aside any specific level of

19

funds or percentage of funds to an applicant prior to the

20

completion of the application process, nor may the department

21

designate a set percentage of funds to an applicant. Grants

22

shall be awarded by the department based on the majority vote

23

of a selection committee consisting of four representatives,

24

with the secretary or his designee serving as chairman, of

25

the department appointed by the secretary and four members

26

appointed by the mayor of the city of the first class.

27

Priority shall be given to applications seeking grant funds

28

for transportation enhancements in the municipality where the

29

automated red light camera system is operated.

30

(3)  Payment of the established fine and applicable

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1

penalties shall operate as a final disposition of the case.

2

(m)  Hearing.--

3

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

4

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

5

request a hearing to contest the liability alleged in the

6

notice. A hearing request must be made by appearing before

7

the system administrator during regular office hours either

8

personally or by an authorized agent or by mailing a request

9

in writing.

10

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

11

administrator shall in a timely manner schedule the matter

12

before a hearing officer. The hearing officer shall be

13

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

14

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

15

class mail to the owner.

16

(3)  The hearing shall be informal; the rules of evidence

17

shall not apply; and the decision of the hearing officer

18

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

19

the decision to the traffic court.

20

(4)  If the owner requests in writing that the decision

21

of the hearing officer be appealed to the traffic court, the

22

system administrator shall file the notice of violation and

23

supporting documents with the traffic court, which shall hear

24

and decide the matter de novo.

25

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

26

the first class has established an automated red light

27

enforcement system deployed as a means of promoting traffic

28

safety and the enforcement of the traffic laws of this

29

Commonwealth or the city, the compensation paid to the

30

manufacturer or vendor of the automated red light enforcement

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1

system may not be based upon the number of traffic citations

2

issued or a portion or percentage of the fine generated by the

3

citations. The compensation paid to the manufacturer or vendor

4

of the equipment shall be based upon the value of the equipment

5

and the services provided or rendered in support of the

6

automated red light enforcement system.

7

(o)  Duration of yellow light change interval.--The duration

8

of the yellow light change interval at intersections where

9

automated red light enforcement systems are in use shall conform

10

to the yellow light change interval duration specified on the

11

traffic signal permit issued by the department or the first

12

class city.

13

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

14

collect an amount equal to or greater than 5% of its annual

15

budget from the collection of revenue from the issuance and

16

payment of violations under this section.

17

(q)  Expiration.--This section shall expire [June 30, 2012]

18

July 15, 2017.

19

Section 4.  Title 75 is amended by adding a section to read:

20

§ 3117.  Automated red light enforcement systems in certain  

21

municipalities.

22

(a)  General rule.--A municipality, upon passage of an

23

ordinance, is authorized to enforce section 3112(a)(3) (relating

24

to traffic-control signals) by recording violations using an

25

automated red light enforcement system approved by the

26

department.

27

(b)  Applicability.--

28

(1)  This section shall only be applicable at

29

intersections in a municipality designated by the

30

municipality with the approval of the secretary under the

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1

requirements of paragraph (2).

2

(2)  No automated red light system shall be installed

3

until the municipality provides notice to the department of

4

the location of each intersection. After receiving notice and

5

before the system may be installed, the department shall have

6

60 days to review each proposed intersection and to issue a

7

recommendation to the municipality which shall include all of

8

the following:

9

(i)  A statement on whether the proposed intersection

10

is an appropriate location for an automated red light

11

enforcement system.

12

(ii)  The data on which the department based the

13

recommendation.

14

(3)  No system shall be installed if the department does

15

not issue a recommendation approving the location to the

16

municipality.

17

(4)  The department may identify the location of an

18

alternate intersection in the municipality that it determines

19

is appropriate for an automated red light enforcement system.

20

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

21

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

22

unless the owner is convicted of the same violation under

23

another section of this title or has a defense under subsection

24

(g).

25

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

26

of a certificate, based upon inspection of recorded images

27

produced by an automated red light enforcement system and sworn

28

to or affirmed by a police officer employed by the municipality 

29

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

30

municipality must include a written statement that the automated

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1

red light enforcement system was operating correctly at the time

2

of the alleged violation. A recorded image evidencing a

3

violation of section 3112(a)(3) shall be admissible in any

4

judicial or administrative proceeding to adjudicate the

5

liability for the violation.

6

(e)  Penalty.--

7

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

8

shall be a fine of $100 unless a lesser amount is set by

9

ordinance.

10

(2)  A fine is not authorized for a violation of this

11

section if any of the following apply:

12

(i)  The intersection is being manually controlled.

13

(ii)  The signal is in the mode described in section

14

3114 (relating to flashing signals).

15

(3)  A fine is not authorized during any of the

16

following:

17

(i)  The first 60 days of operation of the automated

18

system at the initial intersection.

19

(ii)  The first 30 days for each additional

20

intersection selected for the automated system.

21

(4)  A warning may be sent to the violator under

22

paragraph (3).

23

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

24

deemed a criminal conviction and shall not be made part of

25

the operating record under section 1535 (relating to schedule

26

of convictions and points) of the individual upon whom the

27

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

28

subject to merit rating for insurance purposes.

29

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

30

of motor vehicle insurance coverage. Fines collected under

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1

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

2

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

3

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

4

(f)  Limitations.--

5

(1)  No automated red light enforcement system shall be

6

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

7

image of the vehicle as evidence of having committed a

8

violation.

9

(2)  Notwithstanding any other provision of law, camera

10

equipment deployed as part of an automated red light

11

enforcement system as provided under this section must be

12

incapable of automated or user-controlled remote intersection

13

surveillance by means of recorded video images. Recorded

14

images collected as part of the automated red light

15

enforcement system may only record traffic violations and may

16

not be used for any other surveillance purposes. The

17

restrictions set forth under this paragraph shall not be

18

deemed to preclude a court of competent jurisdiction from

19

issuing an order directing that the information be provided

20

to law enforcement officials if the information is reasonably

21

described and is requested solely in connection with a

22

criminal law enforcement action.

23

(3)  Notwithstanding any other provision of law,

24

information prepared under this section and information

25

relating to violations under this section which is kept by

26

the municipality, its authorized agents or employees,

27

including recorded images, written records, reports or

28

facsimiles, names and addresses, shall be for the exclusive

29

use of the municipality, its authorized agents, its employees

30

and law enforcement officials for the purpose of discharging

- 16 -

 


1

their duties under this section and under any ordinances and

2

resolutions of the municipality. The information shall not be

3

deemed a public record under the act of February 14, 2008

4

(P.L.6, No.3), known as the Right-to-Know Law. The

5

information shall not be discoverable by court order or

6

otherwise, nor shall it be offered in evidence in any action

7

or proceeding which is not directly related to a violation of

8

this section or any ordinance or resolution of the

9

municipality. The restrictions set forth under this paragraph

10

shall not be deemed to preclude a court of competent

11

jurisdiction from issuing an order directing that the

12

information be provided to law enforcement officials if the

13

information is reasonably described and is requested solely

14

in connection with a criminal law enforcement action.

15

(4)  Recorded images obtained through the use of

16

automated red light enforcement systems deployed as a means

17

of promoting traffic safety in a municipality shall be

18

destroyed within 30 days following the final disposition of

19

any recorded event. The municipality shall file notice with

20

the Department of State that the records have been destroyed

21

in accordance with this section.

22

(5)  Notwithstanding any other provision of law,

23

registered vehicle owner information obtained as a result of

24

the operation of an automated red light enforcement system

25

under this section shall not be the property of the

26

manufacturer or vendor of the automated red light enforcement

27

system and may not be used for any purpose other than

28

prescribed in this section.

29

(g)  Defenses.--

30

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

- 17 -

 


1

section that the person named in the notice of the violation

2

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

3

The owner may be required to submit evidence that the owner

4

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

5

municipality may not require the owner of the vehicle to

6

disclose the identity of the operator of the vehicle at the

7

time of the violation.

8

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

9

this section of a time period during which the vehicle was

10

reported to a police department of any state or municipality

11

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

12

under this section that the vehicle has been reported to a

13

police department as stolen prior to the time the violation

14

occurred and had not been recovered prior to that time.

15

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

16

section that the person receiving the notice of violation was

17

not the owner or lessor of the vehicle at the time of the

18

offense.

19

(h)  Department approval.--No automated red light enforcement

20

system may be used without the approval of the department, which

21

shall have the authority to promulgate regulations for the

22

certification and use of such systems.

23

(i)  Duty of municipality.--If a municipality elects to

24

implement this section, the following provisions shall apply:

25

(1)  The municipality may not use an automated red light

26

enforcement system unless an appropriate sign is posted in a

27

conspicuous place before the area in which the automated red

28

light enforcement device is to be used notifying the public

29

that an automated red light enforcement device is in use

30

immediately ahead.

- 18 -

 


1

(2)  The municipality or its designee shall serve as the

2

system administrator to supervise and coordinate the

3

administration of notices of violations issued under this

4

section.

5

(3)  The following apply:

6

(i)  The system administrator shall prepare a notice

7

of violation to the registered owner of a vehicle

8

identified in a recorded image produced by an automated

9

red light enforcement system as evidence of a violation

10

of section 3112(a)(3). The issuance of the notice of

11

violation must be done by a police officer employed by

12

the police department with primary jurisdiction over the

13

area where the violation occurred. The notice of

14

violation must have attached to it all of the following:

15

(A)  A copy of the recorded image showing the

16

vehicle.

17

(B)  The registration number and state of

18

issuance of the vehicle registration.

19

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

20

violation.

21

(D)  Notice that the violation charged is under

22

section 3112(a)(3).

23

(E)  Instructions for return of the notice of

24

violation.

25

(ii)  The text of the notice must be as follows:

26

This notice shall be returned personally, by mail

27

or by an agent duly authorized in writing, within

28

30 days of issuance. A hearing may be obtained

29

upon the written request of the registered owner.

30

(j)  System administrator.--

- 19 -

 


1

(1)  The system administrator may hire and designate

2

personnel as necessary or contract for services to implement

3

this section.

4

(2)  The system administrator shall process fines issued

5

under this section.

6

(3)  The system administrator shall submit an annual

7

report to the chairman and minority chairman of the

8

Transportation Committee of the Senate and the chairman and

9

minority chairman of the Transportation Committee of the

10

House of Representatives. The report shall be considered a

11

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

12

No.3), known as the Right-to-Know Law, and include for the

13

prior year:

14

(i)  The number of violations and fines issued.

15

(ii)  A compilation of fines paid and outstanding.

16

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

17

manufacturer under this section.

18

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

19

motor vehicle registered under the laws of this Commonwealth,

20

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

21

commission of the violation or within 30 days after the

22

discovery of the identity of the registered owner, whichever is

23

later, to the address of the registered owner as listed in the

24

records of the department. In the case of motor vehicles

25

registered in jurisdictions other than this Commonwealth, the

26

notice of violation must be mailed within 30 days after the

27

discovery of the identity of the registered owner to the address

28

of the registered owner as listed in the records of the official

29

in the jurisdiction having charge of the registration of the

30

vehicle. A notice of violation under this section must be

- 20 -

 


1

provided to an owner within 90 days of the commission of the

2

offense.

3

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

4

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

5

mailing prepared by the system administrator in the ordinary

6

course of business shall be prima facie evidence of mailing and

7

shall be admissible in any judicial or administrative proceeding

8

as to the facts contained in it.

9

(m)  Payment of fine.--

10

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

11

issued may admit responsibility for the violation and pay the

12

fine provided in the notice.

13

(2)  Except as provided in paragraph (2.1), payment must

14

be made personally, through an authorized agent,

15

electronically or by mailing both payment and the notice of

16

violation to the system administrator. Payment by mail must

17

be made only by money order, credit card or check made

18

payable to the system administrator. The system administrator

19

shall remit the fine, less the system administrator's

20

operation and maintenance costs necessitated under this

21

section, to the department for deposit into a restricted

22

receipts account in the Motor License Fund. Fines deposited

23

in the fund under this paragraph shall be used by the

24

department for a Transportation Enhancements Grant Program.

25

The department shall award transportation enhancement grants

26

on a competitive basis subject to a selection committee

27

established by the secretary. The department may pay any

28

actual administrative costs arising from its administration

29

of this section. The department may not reserve, designate or

30

set aside any specific level of funds or percentage of funds

- 21 -

 


1

to an applicant prior to the completion of the application

2

process, nor may the department designate a set percentage of

3

funds to an applicant. Priority shall be given to

4

applications seeking grant funds for transportation

5

enhancements in the municipality where the automated red

6

light camera system is operated.

7

(2.1)  In a city of the second class, payment must be

8

made personally, through an authorized agent, electronically

9

or by mailing both payment and the notice of violation to the

10

system administrator. Payment by mail must be made only by

11

money order, credit card or check payable to the system

12

administrator. The system administrator shall remit the fine,

13

less the system's operation and maintenance costs

14

necessitated under this section, to the department for

15

deposit into a restricted receipts account in the Motor

16

License Fund. Fines deposited in the fund under this

17

paragraph shall be used by the department for a

18

Transportation Enhancement Grants Program. The department

19

shall award transportation enhancement grants on a

20

competitive basis. The department may pay any actual

21

administrative costs arising from its administration of this

22

section. The department may not reserve, designate or set

23

aside any specific level of funds or percentage of funds to

24

an applicant prior to the completion of the application

25

process, nor may the department designate a set percentage of

26

funds to an applicant. Grants shall be awarded by the

27

department based on the majority vote of a selection

28

committee consisting of four representatives of the

29

department appointed by the secretary and four members

30

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

- 22 -

 


1

the secretary or his designee serving as chairman. Priority

2

shall be given to applications seeking grant funds for

3

transportation enhancements in the municipality where the

4

automated red light camera system is operated.

5

(3)  Payment of the established fine and applicable

6

penalties shall operate as a final disposition of the case.

7

(n)  Hearing.--

8

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

9

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

10

request a hearing to contest the liability alleged in the

11

notice. A hearing request must be made by appearing before

12

the system administrator during regular office hours either

13

personally or by an authorized agent or by mailing a request

14

in writing.

15

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

16

administrator shall in a timely manner schedule the matter

17

before a hearing officer. The hearing officer shall be

18

designated by the municipality. Written notice of the date,

19

time and place of hearing must be sent by first class mail to

20

the owner.

21

(3)  The hearing shall be informal; the rules of evidence

22

shall not apply; and the decision of the hearing officer

23

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

24

the decision to the magisterial district judge.

25

(4)  If the owner requests in writing that the decision

26

of the hearing officer be appealed to the magisterial

27

district judge, the system administrator shall file the

28

notice of violation and supporting documents with the

29

magisterial district judge, who shall hear and decide the

30

matter de novo.

- 23 -

 


1

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

2

municipality has established an automated red light enforcement

3

system deployed as a means of promoting traffic safety and the

4

enforcement of the traffic laws of this Commonwealth or the

5

municipality, the compensation paid to the manufacturer or

6

vendor of the automated red light enforcement system may not be

7

based upon the number of traffic citations issued or a portion

8

or percentage of the fine generated by the citations. The

9

compensation paid to the manufacturer or vendor of the equipment

10

shall be based upon the value of the equipment and the services

11

provided or rendered in support of the automated red light

12

enforcement system.

13

(p)  Duration of yellow light change interval.--The duration

14

of the yellow light change interval at intersections where

15

automated red light enforcement systems are in use shall conform

16

to the yellow light change interval duration specified on the

17

traffic signal permit issued by the department or municipality.

18

(q)  Revenue limit.--A municipality may not collect an amount

19

equal to or greater than 5% of its annual budget from the

20

collection of revenue from the issuance and payment of

21

violations under this section.

22

(r)  Expiration.--This section shall expire July 15, 2017.

23

(s)  Definitions.--As used in this section:

24

(1)  The term "designee" shall include a person, business

25

entity or governmental entity, including the department.

26

(2)  The term "municipality" means:

27

(i)  A city, borough or township with a population

28

under the 2010 Federal Decennial Census exceeding 20,000

29

with a police agency accredited by the Pennsylvania

30

Chiefs of Police Association in a county of the second

- 24 -

 


1

class A.

2

(ii)  A city, borough or township with a population

3

under the 2010 Federal Decennial Census exceeding 20,000

4

with a police agency accredited by the Pennsylvania

5

Chiefs of Police Association in a county of the third

6

class with a population between 490,000 and 510,000.

7

(iii)  A city of the second class.

8

Section 5.  Section 6109(a)(1), (f) and (h) of Title 75 are

9

amended and the section is amended by adding a subsection to

10

read:

11

§ 6109.  Specific powers of department and local authorities.

12

(a)  Enumeration of police powers.--The provisions of this

13

title shall not be deemed to prevent the department on State-

14

designated highways and local authorities on streets or highways

15

within their physical boundaries from the reasonable exercise of

16

their police powers. The following are presumed to be reasonable

17

exercises of police power:

18

(1)  Except as limited by [subsection] subsections (g)

19

and (h), regulating or prohibiting stopping, standing or

20

parking.

21

* * * 

22

(f)  Delegation of powers authorized.--Except as set forth in

23

[subsection] subsections (g) and (h), nothing contained in this

24

section shall be deemed to prevent local authorities by

25

ordinance or resolution of the local governing body from

26

delegating their powers under subsection (a)(1) or (22) to a

27

parking authority established pursuant to 53 Pa.C.S. Ch. 55 

28

(relating to parking authorities).

29

(g)  Delegation of powers in cities of the first class.--

30

(1)  Notwithstanding any contrary provision of 53 Pa.C.S.

- 25 -

 


1

Ch. 55 or this title, beginning on March 31, 2014, the

2

parking authority of a city of the first class shall enforce

3

and administer the system of on-street parking regulation in

4

a city of the first class on behalf of the city. The system

5

of on-street parking regulation shall include all ordinances

6

and resolutions enacted or adopted by the city of the first

7

class pursuant to the powers specified under subsection (a)

8

(1) and those certain stopping, standing and parking

9

provisions provided in sections 3351 (relating to stopping,

10

standing and parking outside business and residence

11

districts), 3353 (relating to prohibitions in specified

12

places) and 3354 (relating to additional parking

13

regulations).

14

(2)  Any revenues generated pursuant to the system of on-

15

street parking regulation authorized by this subsection shall

16

be collected by the authority on behalf of the city of the

17

first class and disbursed as provided in this paragraph,

18

subject to adjustment under paragraph (3). Beginning with its

19

fiscal year ending in 2015, upon the conclusion of each of

20

its fiscal years, the authority shall transfer the revenues

21

of the system of on-street parking regulation net of the

22

operating and administrative expenses of the system of on-

23

street parking regulation as follows:

24

(i)  Up to $35,000,000 in the aggregate after taking

25

into account any monthly remittances to the city in which

26

it is located.

27

(ii)  In the event the net annual revenue of the

28

system of on-street parking regulation exceeds

29

$35,000,000, the authority shall transfer all of the

30

excess to the general fund of a school district of the

- 26 -

 


1

first class coterminous with the city.

2

(3)  The amount set forth in paragraph (2)(i) shall be

3

adjusted each fiscal year beginning with the fiscal year

4

ending in 2014 by increasing the $35,000,000 aggregate amount

5

by an amount equal to $35,000,000 multiplied by the

6

percentage increase, if any, in the gross revenue generated

7

by the system of on-street parking regulation. No adjustment

8

shall be made if the gross revenue generated by the system of

9

on-street parking regulation did not increase over the prior

10

fiscal year.

11

(4)  The provisions of section 696(h)(1) of the act of

12

March 10, 1949 (P.L.30, No.14), known as the Public School

13

Code of 1949, shall not apply to amounts transferred to a

14

school district of the first class under this subsection. Any

15

portion of the excess net revenue of the system of on-street

16

parking regulation not transferred to a school district of

17

the first class must be transferred to the city of the first

18

class in which the authority is located.

19

(5)  As used in this subsection, the following words and

20

phrases shall have the meanings given to them in this

21

paragraph:

22

"Administer."  To provide any services or materials

23

necessary to enforce any ordinance or resolution enacted in

24

order to regulate or prohibit the stopping, standing or

25

parking of motor vehicles in a city of the first class or

26

those certain stopping, standing and parking provisions

27

provided in sections 3351, 3353 and 3354, including, but not

28

limited to:

29

(i)  The installation and maintenance of all

30

equipment, including parking meters, on and along

- 27 -

 


1

highways, streets and roadways.

2

(ii)  The installation and maintenance of all

3

signage, including signage for handicapped parking,

4

residential permit parking and loading areas, on and

5

along highways, streets and roadways.

6

(iii)  The operation and management of any

7

handicapped parking, residential parking and loading area

8

permit programs.

9

"Enforce."  The issuance of parking violation notices or

10

citations, the immobilization, towing and impoundment of

11

motor vehicles and the collection of fines, penalties, costs

12

and fees, including independent collection agency fees, for

13

violations of any ordinance or resolution enacted in order to

14

regulate or prohibit the stopping, standing or parking of

15

motor vehicles in a city of the first class and those certain

16

stopping, standing and parking provisions provided in this

17

section and sections 3351, 3353 and 3354.

18

(h)  Delegation of powers in cities of the second class.--

19

(1)  Notwithstanding any contrary provision of 53 Pa.C.S.

20

Ch. 55 or this title, beginning on January 1, 2005, the

21

parking authority of a city of the second class shall enforce

22

and administer all ordinances and resolutions enacted or

23

adopted by the city of the second class pursuant to the

24

powers specified under subsection (a)(1) and those certain

25

stopping, standing and parking provisions provided in

26

sections 3351 (relating to stopping, standing and parking

27

outside [of] business and residence districts), 3353

28

(relating to prohibitions in specified places) and 3354

29

(relating to additional parking regulations).

30

(2)  Beginning on March 1, 2005, the parking authority of

- 28 -

 


1

a city of the second class shall enter into an agreement with

2

the city of the second class for the transfer of a portion of

3

the fines, penalties and costs collected pursuant to this

4

subsection, which the parking authority board deems

5

reasonable, to the city of the second class.

6

(3)  As used in this subsection, the following words and

7

phrases shall have the meanings given to them in this

8

paragraph:

9

"Administer."  To provide any services or materials

10

necessary to enforce any ordinance or resolution enacted in

11

order to regulate or prohibit the stopping, standing or

12

parking of motor vehicles in a city of the second class or

13

those certain stopping, standing and parking provisions

14

provided in sections 3351, 3353 and 3354, including, but not

15

limited to:

16

(i)  The installation and maintenance of all

17

equipment, including parking meters, on and along

18

highways, streets and roadways.

19

(ii)  The installation and maintenance of all

20

signage, including signage for handicapped parking,

21

residential permit parking and loading areas, on and

22

along highways, streets and roadways.

23

(iii)  The operation and management of any

24

handicapped parking, residential parking and loading area

25

permit programs.

26

(iv)  The adjudication of all disputed parking

27

violation notices or citations issued through enforcement

28

by the parking authority in a city of the second class.

29

"Enforce."  The issuance of parking violation notices or

30

citations, the immobilization, towing and impoundment of

- 29 -

 


1

motor vehicles and the collection of fines, penalties and

2

costs, including independent collection agency fees, for

3

violations of any ordinance or resolution enacted in order to

4

regulate or prohibit the stopping, standing or parking of

5

motor vehicles in a city of the second class and those

6

certain stopping, standing and parking provisions provided in

7

sections 3351, 3353 and 3354.

8

Section 6.  This act shall take effect as follows:

9

(1)  The amendment of 75 Pa.C.S. § 1505(e) shall take

10

effect in 60 days.

11

(2)  The reenactment and amendment of 75 Pa.C.S. § 3116

12

shall take effect immediately.

13

(3)  The amendment of 75 Pa.C.S. § 6109(a)(1), (f) and

14

(h) shall take effect July 1, 2012, or immediately, whichever

15

is later.

16

(4)  This section shall take effect immediately.

17

(5)  The remainder of this act shall take effect in 90

18

days.

- 30 -

 


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