SENATE AMENDED
PRIOR PRINTER'S NOS. 2484, 2885
PRINTER'S NO. 3249
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2139
Session of
2021
INTRODUCED BY WARNER, SCHLEGEL CULVER, KAUFFMAN, RYAN, THOMAS,
COX, ROTHMAN, LONGIETTI, STAMBAUGH, MIZGORSKI, BERNSTINE,
BURGOS, ORTITAY, MOUL, NEILSON, ROWE, CIRESI, DAVANZO,
ZIMMERMAN, B. MILLER, MARSHALL AND DELLOSO, DECEMBER 7, 2021
SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, AS AMENDED,
JUNE 15, 2022
AN ACT
Amending Titles 74 (Transportation) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, in turnpike, further
providing for definitions, for electronic toll collection and
for annual hearing; in registration of vehicles, further
providing for suspension of registration upon unpaid tolls;
and, in powers of department and local authorities, further
providing for provisions relating to fare evasion.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "electronic toll collection"
and "violation enforcement system" in section 8102 of Title 74
of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding definitions to read:
§ 8102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Electronic toll collection." A system of collecting tolls
or charges that is capable of charging an account holder or a
registered vehicle owner for the prescribed toll [by electronic
transmission of information between a device on a vehicle and a
device in a toll lane at a toll collection facility.] based on
the automatic identification and classification of vehicles
using electronic systems. The term includes a system of open
road tolls, video tolls or other similar structural or
technological enhancements pertaining to tolls.
"Electronic toll collection device." A piece of mechanical
or electrical equipment used for electronic toll collection.
"Flat video toll." A toll rate that does not vary based on a
video image which is charged to an account when the commission
is unable ABLE to match a license plate image to an account in
good standing.
* * *
"Toll collection system." A vehicle sensor, placed in a
location to work in conjunction with a toll collection facility,
which automatically produces a videotape or photograph,
microphotograph or other recorded image of a vehicle, at the
time the vehicle travels through a tolling point. The term
includes any other technology which identifies a vehicle by
photographic, mechanical, electronic or other method.
* * *
"Video toll." A toll based on a vehicle's license plate
image when a valid electronic toll collection device is not read
as the vehicle travels through a tolling point.
["Violation enforcement system." A vehicle sensor, placed in
a location to work in conjunction with a toll collection
facility, which automatically produces a videotape or
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photograph, microphotograph or other recorded image of the rear
portion of each vehicle at the time the vehicle is used or
operated in violation of the toll collection regulations. The
term includes any other technology which identifies a vehicle by
photographic, electronic or other method.]
Section 2. Section 8117(a), (b) and (d) of Title 74 are
amended and the section is amended by adding a subsection to
read:
§ 8117. Electronic toll collection.
(a) Liability of owner.--
(1) If an operator of a vehicle fails to pay the
prescribed toll at any location where tolls are collected by
means of electronic toll collection, the owner of the vehicle
shall be liable to the commission for failure of the operator
of the vehicle to comply with this section if the violation
is evidenced by information obtained from a [violation
enforcement] toll collection system.
(2) [If a violation of this section is committed, the]
The registration plate number of the vehicle as recorded by a
[violation enforcement] toll collection system shall
establish an inference that the owner of the vehicle was then
operating the vehicle. The inference shall be overcome if the
owner [does all of] provides a written statement indicating
the following:
(i) [Testifies that] that the owner was not
operating the vehicle at the time of [the violation.
(ii) Submits to an examination as to who at the time
was operating the vehicle.
(iii) Reveals the name and residence address, if
known,] travel; and
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(iv) the name and residence address of the operator
of the vehicle at the time of travel.
(3) [If an action or proceeding is commenced in a county
other than that of the residence of the owner, a verified
written statement setting forth the facts prescribed under
paragraph (2)(i), (ii) and (iii) shall suffice to overcome
the inference.] Failure to send the required information
within 30 days of the original invoice date shall result in
the owner being liable for the total amount due.
(4) If the inference is overcome, the operator of the
vehicle at the time of travel may be held liable under this
section for failure to pay the prescribed toll in the same
manner as if the operator were the owner of the vehicle.
(b) Imposition of liability.--Liability under this section
shall be imposed upon an owner for [a violation of] failure to
pay the prescribed toll charges assessed under this section or
the regulations of the commission occurring within the
territorial limits of this Commonwealth. [If a violation is
committed as evidenced by a violation enforcement] Based on
evidence obtained by a toll collection system, the following
shall apply:
(1) The commission or an authorized agent or employee
must prepare and mail [a notice of violation] an invoice
assessing the toll charges incurred as follows:
(i) The [notice of violation] invoice must be sent
by first class mail to each person alleged to be liable
as an owner [for a violation of this section].
(ii) The [notice] invoice must be mailed at the
address shown on the vehicle registration or at the
address of the operator, as applicable. [Notice] The
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invoice must be mailed no later than 60 days after:
(A) the [alleged conduct] date of travel; or
(B) the date the inference is overcome under
subsection (a)(2).
(iii) Personal service is not required.
(iv) The [notice] invoice must contain all of the
following:
(A) Information advising the person charged of
the manner and time in which the [liability alleged]
toll charges in the [notice] invoice may be
contested.
(B) A warning advising the person charged that
failure to contest the invoice in the manner and time
provided shall be deemed an admission of liability
[and that a default judgment may be entered on the
notice] for the total amount due.
(1.1) A manual or automatic record of mailing prepared
in the ordinary course of business shall be prima facie
evidence of the mailing of [notice] the invoice.
(1.2) If mail, other than unclaimed mail, is returned
undelivered, the commission may obtain address information
from sources, such as the United States Postal Service, debt
collection services, reviews of telephone directories or
related skip-tracing practices, to locate an alternative
address for the vehicle owner or the address of the operator,
as applicable.
(2) If an owner of a vehicle or an owner that is a
lessor of a vehicle receives [a notice of violation] an
invoice under this section for any time period during which
the vehicle was reported to a police department as having
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been stolen, it shall be a defense to the allegation of
liability that the vehicle had been reported to the police as
having been stolen prior to the time the [violation] travel
occurred and that the vehicle had not been recovered by the
time of the [violation] travel. For purposes of asserting the
defense under this paragraph, it shall be sufficient that a
certified copy of the police report on the stolen vehicle be
sent by first class mail to the commission within 30 days
after receiving the original [notice of violation] invoice.
Failure to send the information within the time limit under
this paragraph shall render the owner or lessor liable for
the [penalty] tolls and fees assessed in the invoice as
prescribed by this section.
(3) An owner that is a lessor of a vehicle as to which
[a notice of violation] an invoice was issued under paragraph
(1) shall not be liable for [a violation] tolls assessed in
the invoice if the owner sends to the commission a copy of
the rental, lease or other contract document covering the
vehicle on the date of [the violation] travel, with the name
and address of the lessee clearly legible to the commission,
within 30 days after receiving the original [notice of
violation] invoice. Failure to send the information within
the time limit under this paragraph shall render the lessor
liable for the [penalty] tolls and fees assessed in the
invoice as prescribed by this section. If the lessor complies
with the provisions of this section, the lessee of the
vehicle on the date of [the violation] travel shall be deemed
to be the owner of the vehicle for purposes of this section
and shall be subject to liability for the [penalty] tolls and
fees assessed in the invoice under this section.
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(4) A certified report or a facsimile report of an
authorized agent or employee of the commission reporting a
violation of this section or regulations of the commission
based upon the recorded information obtained from a
[violation enforcement] toll collection system shall be prima
facie evidence of the facts contained in the report and shall
be admissible as an official record kept in the ordinary
course of business in any proceeding charging a violation of
this section or the toll collection regulations of the
commission.
(5) Notwithstanding any other provision of law,
videotapes, photographs, microphotographs, other recorded
images, written records, reports or facsimiles prepared
pursuant to this section shall be for the exclusive use of
the commission, its authorized agents, its employees and law
enforcement officials for the purpose of discharging duties
under this section and the regulations of the commission. The
information shall not be deemed a public record under the act
of [June 21, 1957 (P.L.390, No.212), referred to as the
Right-to-Know Law] 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, the
regulations of the commission or indemnification for
liability imposed pursuant to this section. The restrictions
set forth in this paragraph:
(i) shall not be deemed to preclude a court of
competent jurisdiction from issuing an order directing
that the information be provided to law enforcement
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officials if the information is reasonably described and
is requested solely in connection with a criminal law
enforcement action;
(ii) shall not be deemed to preclude the exchange of
the information between any entities with jurisdiction
over or which operate [an electronic] a toll collection
system in this Commonwealth or any other jurisdiction;
and
(iii) shall not be deemed to prohibit the use of
information exclusively for the purpose of billing
electronic toll collection [account holders] accounts,
deducting toll charges from [the account of an account
holder] accounts, enforcing toll collection laws and
related regulations or enforcing the provisions of [an
account holder agreement] accounts.
(6) An imposition of liability under this section must
be based upon a preponderance of evidence.
(7) An imposition of liability pursuant to this section
shall not be deemed a conviction of an owner and shall not be
made part of the motor vehicle operating record of the person
upon whom the liability is imposed, nor shall it be
considered in the provision of motor vehicle insurance
coverage.
(8) An owner that admits, is found liable or fails to
[respond to the notice of violation for] pay the invoice
resulting in a violation of this section shall be civilly
liable to the commission for all of the following:
(i) Either:
(A) the amount of the toll evaded or attempted
to be evaded if the amount can be determined; or
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(B) the maximum toll from the farthest point of
entry on the Pennsylvania Turnpike to the actual
point of exit if the amount of the toll evaded or
attempted to be evaded cannot be determined.
(ii) A reasonable administrative fee not to exceed
$35 per notification.
(9) Nothing in this section shall be construed to limit
the liability of the operator of a vehicle for a violation of
this section or of the regulations of the commission.
* * *
(d) Privacy of electronic toll collection [account holder]
information.--
(1) Except as set forth under paragraph (2),
notwithstanding any other provision of law, all of the
following apply to information kept by the commission, its
authorized agents or its employees which is related to [the]
an account [of an] for electronic toll collection [system
account holder] and any information collected by a toll
collection system:
(i) The information shall be for the exclusive use
of the commission, its authorized agents, its employees
and law enforcement officials for the purpose of
discharging their duties pursuant to this section and the
regulations of the commission. This subparagraph includes
names, addresses, account numbers, account balances,
personal financial information, vehicle movement records
and other information compiled [from transactions with
the account holders] by a toll collection system.
(ii) The information shall not be deemed a public
record under the Right-to-Know Law, nor shall it be
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discoverable by court order or otherwise or be offered in
evidence in any action or proceeding which is not
directly related to the discharge of duties under this
section, the regulations of the commission or a violation
of the terms in an account [holder agreement].
(2) Paragraph (1) shall not be deemed to do any of the
following:
(i) 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.
(ii) Preclude the exchange of the information
between any entities with jurisdiction over or which
operate [an electronic] a toll collection system in this
Commonwealth or any other jurisdiction.
(iii) Prohibit the use of the information
exclusively for the purpose of billing electronic toll
collection [account holders] accounts, deducting toll
charges from [the] an account [of an account holder],
enforcing toll collection laws and related regulations or
enforcing the provisions of an account [holder
agreement].
(d.1) Notice for posting video toll or flat video toll to
customer account.--
(1) The commission shall indicate on an account
statement if a video toll has been posted to the customer's
account, including the date and the dollar amount of the
video toll.
(2) The commission shall post notice on its publicly
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accessible Internet website indicating an account may be
charged a flat video toll if the commission is unable to
match a license plate image.
(3) The commission shall notify the account upon the
posting of the first flat video toll to the account in a
calendar year in accordance with the preferences indicated in
the account. The notification shall include:
(i) Information on proper placement of the
electronic toll collection device.
(ii) Information regarding replacement of the
electronic toll collection device.
(iii) Notice that failure to respond may result in
additional flat video tolls and administrative fees
posted to the account.
(iv) Other information as determined by the
commission.
(4) The commission shall provide for an appeal process.
* * *
Section 3. Section 8121 of Title 74 is amended to read:
§ 8121. Annual hearing and reports.
(a) Duty to testify.--Upon request, at least one commission
member shall testify at a public hearing before the
Appropriations Committee of the Senate and the Appropriations
Committee of the House of Representatives each year to present
information on turnpike operations and coordination with other
State agencies.
(b) Duty to report.--
(1) No later than October 1, 2022, and each October 1
thereafter, the commission shall submit a report to the
General Assembly summarizing toll revenues that are collected
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and uncollected, and projected to be collected and
uncollected, including the reasons that the toll revenues are
uncollected, during the prior fiscal year.
(2) The report shall be submitted to the following:
(i) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(ii) The chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
(3) The report shall include the following information:
(i) The dollar amount of toll revenues collected and
projected to be collected during the prior fiscal year.
(ii) The dollar amount and percentage of toll
revenues collected and projected to be collected during
the prior fiscal year by collection method.
(iii) The dollar amount and percentage of tolls
uncollected and projected to be uncollected during the
prior fiscal year.
(iv) A breakdown of uncollected tolls detailing the
reason for failure to collect, including an unreadable or
missing license plate, an undeliverable address or an
unpaid invoice.
(c) Feasibility study.--
(1) The commission shall conduct a feasibility study to
assess alternative electronic toll collection payment
options. The study shall include:
(i) A review of third-party organizations that
process accounts and transactions for toll collection
through electronic funds transfer.
(ii) A review of electronic push notification alerts
with the goal of posting a notification within 24 hours
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of the transaction posting to a customer's account or as
soon as practicable if a valid account is not recognized
at the time of the transaction.
(iii) Review of the commission's existing customer
payment application.
(iv) Recommendations from the commission.
(2) The study shall be completed within one year of the
effective date of this subsection and copies shall be
submitted to the following:
(i) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(ii) The chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
Section 4. Sections 1380(a)(1), (c)(2), (d), (e) and (h) and
6110.1(c) and (f) of Title 75 are amended to read:
§ 1380. Suspension of registration upon unpaid tolls.
(a) General rule.--
(1) The department shall suspend the registration of a
vehicle upon notification from a tolling entity that the
owner or registrant of the vehicle has either:
(i) failed to pay or defaulted in the payment of
[six] four or more [violations] invoices issued under 74
Pa.C.S. § 8116(a) (relating to collection and disposition
of tolls and other revenue) or 8117(a)(1) (relating to
electronic toll collection), including violation notices
issued prior to March 16, 2020, or other law, regulation,
ordinance or standard applicable to the toll collection
or payment requirements for a tolling entity; or
(ii) incurred unpaid tolls or administrative fees or
costs that collectively total a minimum of [$500] $250,
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regardless of the number of [violations] unpaid invoices.
* * *
(c) Notice to department.--
* * *
(2) When a tolling entity has provided notice under this
subsection and all of the [violations] unpaid invoices are
subsequently paid, dismissed, reversed on appeal or canceled,
the tolling entity shall notify the department electronically
in a format prescribed by the department of the disposition
of the [violation] unpaid invoice and shall provide the owner
or registrant with a release from the suspension.
(d) Period of suspension.--A suspension under subsection (a)
shall continue until the department receives notice from the
tolling entity that the [violations] unpaid invoices are paid,
dismissed, reversed on appeal or canceled or the owner or
registrant enters into an agreement with the tolling entity to
make installment payments for tolls, administrative fees and
costs imposed and pays the fee prescribed in section 1960
(relating to reinstatement of operating privilege or vehicle
registration), provided that the suspension may be reimposed by
the department if the owner or registrant fails to make regular
installment payments.
(e) Additional suspension.--The department shall impose an
additional period of registration suspension if, subsequent to
the issuance of a suspension under subsection (a) but prior to
the restoration of the registration, the department is notified
by the tolling entity that the owner or registrant has failed to
pay, failed to respond or defaulted in the payment of an
additional [violation] invoice issued under 74 Pa.C.S. § 8116(a)
(relating to collection and disposition of tolls and other
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revenue) or 8117(a)(1).
* * *
(h) [Three-year statute] Statute of limitations.--No
suspension may be imposed based upon a violation of 74 Pa.C.S. §
8117(a)(1) or similar provision from another state more than
[three] five years after the violation is committed.
* * *
§ 6110.1. Fare evasion.
* * *
(c) Construction.--Prosecution of a violation of this
section shall not preclude prosecution under section 1332
(relating to display of registration plate), 1380 (relating to
suspension of registration upon unpaid tolls), 7122 (relating to
altered, forged or counterfeit documents and plates) or 7124
(relating to fraudulent use or removal of registration plate).
* * *
(f) Definition.--As used in this section, the term
"affirmative action" includes:
(1) [removing a license plate from a vehicle to impede
electronic toll collection;] operating a vehicle without a
license plate and valid vehicle registration;
(2) operating a vehicle without a valid electronic toll
collection device and installing a mechanism which rotates,
changes, blocks or otherwise mechanically alters the ability
of a license plate to be read by a [violation enforcement
system] toll collection system;
(3) installing a [mechanical apparatus] device upon a
vehicle which serves the sole purpose of masking, hiding or
manipulating the true weight of the vehicle as it appears to
a mechanical scale;
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(4) conspiring with an individual or group of
individuals to alter, lower or evade payment of correct
tolls; [and]
(5) unauthorized use of a Pennsylvania Turnpike private
gate access or otherwise unauthorized movement entering or
exiting the turnpike other than at approved [interchanges.]
tolling points; and
(6) operating a vehicle without a valid electronic toll
collection device and altering, obstructing, covering,
distorting, manipulating or removing a license plate from a
vehicle to impede electronic toll collection.
Section 5. This act shall take effect in 60 days.
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