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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY P. COSTA, BRIGGS, CALTAGIRONE, CARROLL, CLYMER, DeLUCA, HESS, PAYNE AND K. SMITH, FEBRUARY 28, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 28, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in registration of vehicles, further providing for |
3 | display of registration plate; and, in general provisions |
4 | relating to operation of vehicles, providing for automated |
5 | red light enforcement systems in second class, second class A |
6 | and third class cities and for a penalty. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1332(b)(2) of Title 75 of the |
10 | Pennsylvania Consolidated Statutes is amended to read: |
11 | § 1332. Display of registration plate. |
12 | * * * |
13 | (b) Obscuring plate.--It is unlawful to display on any |
14 | vehicle a registration plate which: |
15 | * * * |
16 | (2) is obscured in any manner which inhibits the proper |
17 | operation of an automated red light enforcement system in |
18 | place pursuant to section 3116 (relating to automated red |
19 | light enforcement systems in first class cities) or 3117 |
20 | (relating to automated red light enforcement systems in |
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1 | second class, second class A and third class cities); or |
2 | * * * |
3 | Section 2. Title 75 is amended by adding a section to read: |
4 | § 3117. Automated red light enforcement systems in second |
5 | class, second class A and third class cities. |
6 | (a) General rule.--A city of the second class, second class |
7 | A or third class, upon passage of an ordinance, is authorized to |
8 | enforce section 3112(a)(3) (relating to traffic-control signals) |
9 | by recording violations using an automated red light enforcement |
10 | system approved by the department. |
11 | (b) Applicability.--This section shall only be applicable at |
12 | intersections in a city of the second class, second class A or |
13 | third class agreed upon by the system administrator and the |
14 | secretary. |
15 | (c) Owner liability.--For each violation under this section, |
16 | the owner of the vehicle shall be liable for the penalty imposed |
17 | unless the owner is convicted of the same violation under |
18 | another section of this title or has a defense under subsection |
19 | (g). |
20 | (d) Certificate as evidence.-- |
21 | (1) A certificate, or a facsimile of a certificate, |
22 | based upon inspection of recorded images produced by an |
23 | automated red light enforcement system and sworn to or |
24 | affirmed by a police officer employed by the city of the |
25 | second class, second class A or third class shall be prima |
26 | facie evidence of the facts contained in it. |
27 | (2) The city must include written documentation that the |
28 | automated red light enforcement system was operating |
29 | correctly at the time of the alleged violation. |
30 | (3) A recorded image evidencing a violation of section |
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1 | 3112(a)(3) shall be admissible in any judicial or |
2 | administrative proceeding to adjudicate the liability for the |
3 | violation. |
4 | (e) Penalty.-- |
5 | (1) The penalty for a violation under subsection (a) |
6 | shall be a fine of $100 unless a lesser amount is set by |
7 | ordinance. |
8 | (2) A fine is not authorized for a violation of this |
9 | section if any of the following apply: |
10 | (i) The intersection is being manually controlled. |
11 | (ii) The signal is in the mode described in section |
12 | 3114 (relating to flashing signals). |
13 | (3) A fine is not authorized during any of the |
14 | following: |
15 | (i) The first 120 days of operation of the automated |
16 | system at the initial intersection. |
17 | (ii) The first 60 days for each additional |
18 | intersection selected for the automated system. |
19 | (4) A warning may be sent to the violator under |
20 | paragraph (3). |
21 | (5) A penalty imposed under this section shall not be |
22 | deemed a criminal conviction and shall not be made part of |
23 | the operating record under section 1535 (relating to schedule |
24 | of convictions and points) of the individual upon whom the |
25 | penalty is imposed, nor may the imposition of the penalty be |
26 | subject to merit rating for insurance purposes. |
27 | (6) No surcharge points may be imposed in the provision |
28 | of motor vehicle insurance coverage. |
29 | (7) Fines collected under this section shall not be |
30 | subject to 42 Pa.C.S. § 3571 (relating to Commonwealth |
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1 | portion of fines, etc.) or 3573 (relating to municipal |
2 | corporation portion of fines, etc.). |
3 | (f) Limitations.-- |
4 | (1) No automated red light enforcement system shall be |
5 | utilized in such a manner as to take a frontal view recorded |
6 | image of the vehicle as evidence of having committed a |
7 | violation. |
8 | (2) (i) Notwithstanding any other provision of law, |
9 | camera equipment deployed as part of an automated red |
10 | light enforcement system as provided under this section |
11 | must be incapable of automated or user-controlled remote |
12 | intersection surveillance by means of recorded video |
13 | images. Recorded images collected as part of the |
14 | automated red light enforcement system may only record |
15 | traffic violations and may not be used for any other |
16 | surveillance purposes. |
17 | (ii) The restrictions set forth under this paragraph |
18 | shall not be construed to preclude a court of competent |
19 | jurisdiction from issuing an order directing that the |
20 | information be provided to law enforcement officials if |
21 | the information is reasonably described and is requested |
22 | solely in connection with a criminal law enforcement |
23 | action. |
24 | (3) (i) Notwithstanding any other provision of law, |
25 | information prepared under this section and information |
26 | relating to violations under this section which is kept |
27 | by the city of the second class, second class A or third |
28 | class, its authorized agents or employees, including |
29 | recorded images, written records, reports or facsimiles, |
30 | names, addresses and the number of violations under this |
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1 | section, shall be for the exclusive use of the city, its |
2 | authorized agents, its employees and law enforcement |
3 | officials for the purpose of discharging their duties |
4 | under this section and under any ordinances and |
5 | resolutions of the city. |
6 | (ii) The information shall not be deemed a public |
7 | record under the act of February 14, 2008 (P.L.6, No.3), |
8 | known as the Right-to-Know Law. The information shall not |
9 | be discoverable by court order or otherwise, nor shall it |
10 | be offered in evidence in any action or proceeding which |
11 | is not directly related to a violation of this section or |
12 | any ordinance or resolution of the city. |
13 | (iii) The restrictions set forth under this |
14 | paragraph shall not be deemed to preclude a court of |
15 | competent jurisdiction from issuing an order directing |
16 | that the information be provided to law enforcement |
17 | officials if the information is reasonably described and |
18 | is requested solely in connection with a criminal law |
19 | enforcement action. |
20 | (4) Recorded images obtained through the use of |
21 | automated red light enforcement systems deployed as a means |
22 | of promoting traffic safety in a city of the second class, |
23 | second class A or third class shall be destroyed within one |
24 | year of final disposition of an recorded event. The city |
25 | shall file notice with the Department of State that the |
26 | records have been destroyed in accordance with this section. |
27 | (5) Notwithstanding any other provision of law, |
28 | registered vehicle owner information obtained as a result of |
29 | the operation of an automated red light enforcement system |
30 | under this section shall not be the property of the |
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1 | manufacturer or vendor of the automated red light enforcement |
2 | system and may not be used for any purpose other than |
3 | prescribed in this section. |
4 | (g) Defenses.-- |
5 | (1) (i) It shall be a defense to a violation under this |
6 | section that the person named in the notice of the |
7 | violation was not operating the vehicle at the time of |
8 | the violation. The owner may be required to submit |
9 | evidence that the owner was not the driver at the time of |
10 | the alleged violation. |
11 | (ii) The city of the second class, second class A or |
12 | third class may not require the owner of the vehicle to |
13 | disclose the identity of the operator of the vehicle at |
14 | the time of the violation. |
15 | (2) If an owner receives a notice of violation under |
16 | this section of a time period during which the vehicle was |
17 | reported to a police department of any state or municipality |
18 | as having been stolen, it shall be a defense to a violation |
19 | under this section that the vehicle has been reported to a |
20 | police department as stolen prior to the time the violation |
21 | occurred and had not been recovered prior to that 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 | (h) 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 | (i) Duty of city.--If a city of the second class, second |
30 | class A or third class elects to implement this section, the |
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1 | following provisions shall apply: |
2 | (1) The city may not use an automated red light |
3 | enforcement system unless an appropriate sign is posted in a |
4 | conspicuous place before the area in which the automated red |
5 | light enforcement device is to be used notifying the public |
6 | that an automated red light enforcement device is in use |
7 | immediately ahead. |
8 | (2) The city shall designate or appoint its parking |
9 | authority or other applicable entity as the system |
10 | administrator to supervise and coordinate the administration |
11 | of notices of violation issued under this section. |
12 | (3) (i) The system administrator shall prepare a notice |
13 | of violation to the registered owner of a vehicle |
14 | identified in a recorded image produced by an automated |
15 | red light enforcement system as evidence of a violation |
16 | of section 3112(a)(3). The issuance of the notice of |
17 | violation must be done by a police officer employed by |
18 | the police department with primary jurisdiction over the |
19 | area where the violation occurred. |
20 | (ii) The notice of violation shall have attached to |
21 | it all of the following: |
22 | (A) A copy of the recorded image showing the |
23 | vehicle. |
24 | (B) The registration number and state of |
25 | issuance of the vehicle registration. |
26 | (C) The date, time and place of the alleged |
27 | violation. |
28 | (D) Notice that the violation charged is under |
29 | section 3112(a)(3). |
30 | (E) Instructions for return of the notice of |
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1 | violation. |
2 | (iii) The text of the notice must be as follows: |
3 | This notice shall be returned personally, by mail or by |
4 | an agent duly authorized in writing, within 30 days of |
5 | issuance. A hearing may be obtained upon the written |
6 | request of the registered owner. |
7 | (j) System administrator.-- |
8 | (1) The system administrator may hire and designate |
9 | personnel as necessary or contract for services to implement |
10 | this section. |
11 | (2) The system administrator shall process fines issued |
12 | under this section. |
13 | (3) The system administrator shall submit an annual |
14 | report to the chairman and the minority chairman of the |
15 | Transportation Committee of the Senate and the chairman and |
16 | minority chairman of the Transportation Committee of the |
17 | House of Representatives. The report shall include for the |
18 | prior year: |
19 | (i) The number of violations and fines issued. |
20 | (ii) A compilation of fines paid and outstanding. |
21 | (iii) The amount of money paid to a vendor or |
22 | manufacturer under this section. |
23 | (k) Notice to owner.-- |
24 | (1) In the case of a violation involving a motor vehicle |
25 | registered under the laws of this Commonwealth, the notice of |
26 | violation shall be mailed within 30 days after the commission |
27 | of the violation or within 30 days after the discovery of the |
28 | identity of the registered owner, whichever is later, and not |
29 | thereafter to the address of the registered owner as listed |
30 | in the records of the department. |
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1 | (2) In the case of motor vehicles registered in |
2 | jurisdictions other than this Commonwealth, the notice of |
3 | violation shall be mailed within 30 days after the discovery |
4 | of the identity of the registered owner and not thereafter to |
5 | the address of the registered owner as listed in the records |
6 | of the official in the jurisdiction having charge of the |
7 | registration of the vehicle. |
8 | (l) Mailing of notice and records.--Notice of violation must |
9 | be sent by first class mail. A manual or automatic record of |
10 | mailing prepared by the system administrator in the ordinary |
11 | course of business shall be prima facie evidence of mailing and |
12 | shall be admissible in any judicial or administrative proceeding |
13 | as to the facts contained in it. |
14 | (m) Payment of fine.-- |
15 | (1) An owner to whom a notice of violation has been |
16 | issued may admit responsibility for the violation and pay the |
17 | fine provided in the notice. |
18 | (2) (i) Payment must be made personally, through an |
19 | authorized agent or by mailing both payment and the |
20 | notice of violation to the system administrator. Payment |
21 | by mail must be made only by money order, credit card or |
22 | check made payable to the system administrator. |
23 | (ii) The system administrator shall remit the fine, |
24 | less the system administrator's operation and maintenance |
25 | costs necessitated under this section, to the department |
26 | for deposit into the Motor License Fund. |
27 | (iii) Fines deposited in the fund under this |
28 | paragraph shall be used by the department to develop, by |
29 | regulation, a transportation enhancements grant program. |
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 | (n) 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 second class, second class A or |
14 | third class. Written notice of the date, time and place of |
15 | hearing must be sent by first 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 shall |
18 | be final, subject to the right of the owner to appeal the |
19 | decision to the magisterial district judge. |
20 | (4) If the owner requests in writing that the decision |
21 | of the hearing officer be appealed to the magisterial |
22 | district judge, the system administrator shall file the |
23 | notice of violation and supporting documents with the |
24 | magisterial district judge, which shall hear and decide the |
25 | matter de novo. |
26 | (o) Compensation to manufacturer or vendor.--If a city of |
27 | the second class, second class A or third class has established |
28 | an automated red light enforcement system deployed as a means of |
29 | promoting traffic safety and the enforcement of the traffic laws |
30 | of this Commonwealth or the city, the compensation paid to the |
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1 | manufacturer or vendor of the automated red light enforcement |
2 | system: |
3 | (1) May not be based upon the number of traffic |
4 | citations issued or a portion or percentage of the fine |
5 | generated by the citations. |
6 | (2) Shall be based upon the value of the equipment and |
7 | the services provided or rendered in support of the automated |
8 | red light enforcement system. |
9 | (p) Duration of yellow light change interval.--The duration |
10 | of the yellow light change interval at intersections where |
11 | automated red light enforcement systems are in use shall conform |
12 | to the yellow light change interval duration specified on the |
13 | traffic signal permit issued by the department of a second |
14 | class, second class A or third class city. |
15 | (q) Expiration.--This section shall expire December 31, |
16 | 2020. |
17 | Section 3. This act shall take effect in 60 days. |
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