Please wait while the document is loaded.

HOUSE AMENDED
A07246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
172
Session of
2017
INTRODUCED BY ARGALL, SCHWANK, VULAKOVICH, SCAVELLO, BREWSTER,
TARTAGLIONE, COSTA, YUDICHAK, RAFFERTY, BARTOLOTTA, BROWNE,
REGAN AND BLAKE, JANUARY 23, 2017
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 16, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; and, in rules of the road in general, further
providing for speed timing devices and providing for
automated speed enforcement systems. IN RULES OF THE ROAD IN
GENERAL, PROVIDING FOR PILOT PROGRAM FOR AUTOMATED SPEED
ENFORCEMENT SYSTEM IN HIGHWAY WORK ZONES AND FOR PILOT
PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM ON A
DESIGNATED HIGHWAY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions A
DEFINITION to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
* * *
"Automated speed enforcement system." An electronic traffic
sensor system that:
(1) is able to automatically detect vehicles exceeding
the posted speed limit with a type of speed timing device;
and
(2) records the vehicle's rear license plate, location,
date, time and speed.
"Automated speed enforcement work area." The portion of an
active work zone where construction, maintenance or utility
workers are located on the roadway, berm or shoulder and workers
are adjacent to an active travel lane and where an automated
speed enforcement system is active. For the purposes of this
definition, workers shall also be considered adjacent to an
active travel lane where workers are present and are protected
by a traffic barrier.
* * *
Section 2. Section 3368(c)(2) of Title 75 is amended and the
subsection is amended by adding a paragraph to read:
§ 3368. Speed timing devices.--
* * *
(c) Mechanical, electrical and electronic devices
authorized.--
* * *
(2) Except as otherwise provided in paragraph (3),
electronic devices such as radio-microwave devices
[(],commonly referred to as electronic speed meters or
radar[)], may be used only as part of an automated speed
enforcement system or by members of the Pennsylvania State
Police.
A07246 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(5) Light detection and ranging devices, commonly
referred to as LIDAR, may be used only as part of an
automated speed enforcement system.
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 3369. Automated speed enforcement systems.
(a) Establishment.--A program is established to provide for
automated speed enforcement systems in active work areas.
(b) Applicability.--This section shall apply only to
automated speed enforcement work areas on interstate highways
under the jurisdiction of the department or interstate highways
or freeways under the jurisdiction of the Pennsylvania Turnpike
Commission. An automated speed enforcement system shall not be
used unless:
(1) At least two appropriate warning signs are
conspicuously placed before the active work area notifying
the public that an automated speed enforcement device is in
use.
(2) A notice identifying the location of the automated
speed enforcement system is posted on the department's or
Pennsylvania Turnpike Commission's publicly accessible
Internet website throughout the period of use.
(c) Liability.--Driving in excess of the posted speed limit
in an automated speed enforcement work area by at least 11 miles
per hour is a violation of this section.
(d) Notice of violation.--
(1) (i) An action to enforce this section shall be
initiated by an administrative notice of violation to the
registered owner of a vehicle identified by an automated
A07246 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
speed enforcement system as violating this section. A
notice of violation based upon inspection of recorded
images produced by an automated speed enforcement system
and sworn or affirmed by an authorized employee of the
department or the Pennsylvania Turnpike Commission shall
be prima facie evidence of the facts contained in the
notice. The authorized employee of the department or the
Pennsylvania Turnpike Commission must be under contract
to the department or the Pennsylvania Turnpike
Commission.
(ii) The notice of violation must include written
verification that the automated speed enforcement system
was operating correctly at the time of the alleged
violation and the date of the most recent inspection that
confirms the automated speed enforcement system to be
operating properly.
(iii) The following shall be attached to the notice
of violation:
(A) A copy of the recorded image showing the
vehicle with its license plate visible.
(B) The registration number and state of
issuance of the vehicle registration.
(C) The date, time and place of the alleged
violation.
(D) Notice that the violation charged is under
this section.
(E) Instructions for return of the notice of
violation.
(2) In the case of a violation involving a motor vehicle
registered under the laws of this Commonwealth, the notice of
A07246 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
violation shall be mailed within 30 days after the commission
of the violation or within 30 days after the discovery of the
identity of the registered owner, whichever is later, to the
address of the registered owner as listed in the records of
the department.
(3) In the case of a violation involving a motor vehicle
registered in a jurisdiction other than this Commonwealth,
the notice of violation shall be mailed within 30 days after
the discovery of the identity of the registered owner to the
address of the registered owner as listed in the records of
the official in the jurisdiction having charge of the
registration of the vehicle.
(4) A notice of violation shall be invalid unless
provided to an owner within 90 days of the offense.
(5) The notice shall include the following text:
This notice shall be returned personally, by mail or by
an agent duly authorized in writing, within 30 days of
issuance. A hearing may be obtained upon the written
request of the registered owner.
(6) Notice of violation must be sent by first class
mail. A manual or automatic record of mailing prepared by the
system administrator in the ordinary course of business shall
be prima facie evidence of mailing and shall be admissible in
a judicial or administrative proceeding as to the facts
contained in the notice.
(e) Penalty.--
(1) The penalty of a violation under this section shall
be a fine of $100, and the fine shall not be subject to 42
Pa.C.S. § 3571 (relating to Commonwealth portion of fines,
etc.) or 3573 (relating to municipal corporation portion of
A07246 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fines, etc.).
(2) The fine is not authorized during times when the
automated speed enforcement work area is not active.
(3) A penalty imposed under this section shall not:
(i) be deemed a criminal conviction;
(ii) be made part of the operating record of the
individual upon whom the penalty is imposed under section
1535 (relating to schedule of convictions and points);
(iii) be the subject of merit rating for insurance
purposes; or
(iv) authorize imposition of surcharge points in the
provision of motor vehicle insurance coverage.
(f) Limitations.--
(1) Recorded images collected as part of the automated
speed enforcement system may record only violations of this
section and may not be used for any other surveillance
purposes. The restrictions provided in this paragraph shall
not preclude a court of competent jurisdiction from issuing
an order directing that the information be provided to law
enforcement officials, if the information is requested solely
in connection with a criminal law enforcement action and is
reasonably described.
(2) Notwithstanding any other provision of law,
information gathered and maintained under this section that
is kept by the Commonwealth, its authorized agents or its
employees, including recorded images, written records,
reports or facsimiles, names and addresses, shall be for the
exclusive purpose of discharging its duties under this
section. The information shall not be deemed a public record
under the act of February 14, 2008 (P.L.6, No.3), known as
A07246 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Right-to-Know Law. The information shall not be
discoverable by court order or otherwise or be admissible as
evidence in a proceeding except to determine liability under
this section. The restrictions provided in this paragraph
shall not preclude a court of competent jurisdiction from
issuing an order directing that the information be provided
to law enforcement officials, if the information is requested
solely in connection with a criminal law enforcement action
and is reasonably described.
(3) Recorded images obtained through the use of
automated speed enforcement systems deployed as a means of
promoting traffic safety in automated speed enforcement work
areas shall be destroyed within one year of final disposition
of a notice of violation, except that images subject to a
court order under paragraph (1) or (2) shall be destroyed
within two years after the date of the order, unless further
extended by court order.
(4) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated speed enforcement system shall
be the exclusive property of the department or Pennsylvania
Turnpike Commission and may not be used for a purpose other
than prescribed in this section.
(5) A violation of this subsection shall constitute a
misdemeanor of the third degree punishable by a $500 fine.
Each violation shall constitute a separate and distinct
offense.
(g) Defenses.--
(1) It shall be a defense to a violation under this
section that the vehicle was reported to a police department
A07246 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as stolen prior to the time the violation occurred and was
not recovered prior to that time.
(2) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
not the owner of the vehicle at the time of the offense.
(h) Authority and duties of department and Pennsylvania
Turnpike Commission.--
(1) The department and Pennsylvania Turnpike Commission
shall each establish a three-year automated speed enforcement
system program not later than 18 months following the
effective date of this section.
(2) (i) The department and Pennsylvania Turnpike
Commission may each promulgate regulations for the
certification and the use of automated speed enforcement
systems.
(ii) In order to facilitate the prompt
implementation of this section, regulations promulgated
by the department and Pennsylvania Turnpike Commission
under this section shall be deemed temporary regulations
and not subject to:
(A) Sections 201, 202 and 203 of the act of July
31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(B) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) (i) The department and Pennsylvania Turnpike
Commission shall each serve directly or through a
contracted private service as the system administrator of
the program. Compensation under a contract authorized by
this paragraph shall be based only upon the value of
A07246 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
equipment and services provided or rendered in support of
the automated speed enforcement system program and may
not be based on the quantity of notices of violation
issued or amount of fines imposed or generated.
(ii) The system administrator shall prepare and
issue notices of violation.
(iii) Two restricted accounts are established in the
State Treasury for fines remitted under this section to
the department and Pennsylvania Turnpike Commission,
respectively. The system administrator of the department
or Pennsylvania Turnpike Commission, if any, shall send
an invoice to the department or Pennsylvania Turnpike
Commission based, respectively, on the services under
subparagraph (i). The department and Pennsylvania
Turnpike Commission shall use the appropriate restricted
account to pay for the administration of the pilot
program and the system administrator's invoice costs.
Remaining fines shall be allocated by the department or
Pennsylvania Turnpike Commission as follows:
(A) Forty-five percent of the fines over the
duration of the three-year program from violations
occurring in an automated speed enforcement system on
either an interstate highway managed by the
department or an interstate highway or freeway under
the jurisdiction of the Pennsylvania Turnpike
Commission shall be deposited into a restricted
account in the State Treasury on a quarterly basis .
The Department of Revenue shall, within 90 days of
the date of deposit, transfer to the Pennsylvania
State Police an amount equivalent to the previous
A07246 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
quarterly deposit to be used by the Pennsylvania
State Police as follows:
(I) Fifty-five percent of the funds shall be
dedicated and used for the purpose of recruiting,
training or equipping Pennsylvania State Police
Cadets.
(II) Forty-five percent of the funds shall
be dedicated and used to pay for an increased
Pennsylvania State Trooper presence in work zones
on the State road system managed by the
department or the Pennsylvania Turnpike
Commission that do not utilize concrete barriers.
The assignments shall be made on an as-necessary
basis as determined by the Pennsylvania State
Police. Funds under this subclause shall be in
addition to any contractual agreement between the
department or the Pennsylvania Turnpike
Commission and the Pennsylvania State Police for
enforcement in work zones on the State road
system managed by the department or the
Pennsylvania Turnpike Commission.
(B) Fifteen percent of the fines over the
duration of the three-year program from violations
occurring in an automated speed enforcement system
shall be transferred to the department or the
Pennsylvania Turnpike Commission, whichever State
road system utilized the automated speed enforcement
system, for the purpose of work zone safety, traffic
safety and educating the motoring public on work zone
safety, at the discretion of the department or
A07246 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Pennsylvania Turnpike Commission.
(C) Forty percent of the fines over the duration
of the three-year program from violations occurring
in an automated speed enforcement system shall be
deposited in the Motor License Fund and shall be
appropriated by the General Assembly.
(iv) If the amount of funds under subparagraph (iii)
(A) is lower than the amount of funds under subparagraph
(iii)(A) for the previous fiscal year, funds from the
Motor License Fund may not be used to supplement the
funds for the current fiscal year. Funding provided for
under subparagraph (iii)(A) shall be supplemental and
shall not prohibit the Pennsylvania State Police from
obtaining additional funding from any other means.
(v) I f the three-year program is not extended by the
General Assembly, any remaining fines remitted to the
department or Pennsylvania Turnpike Commission shall
remain with the department or Pennsylvania Turnpike
Commission for the purpose of work zone safety, traffic
safety and educating the motoring public on work zone
safety, at the discretion of the department or
Pennsylvania Turnpike Commission.
(vi) The system administrator shall provide an
appropriate printed form by which owners may challenge a
notice of violation and convenient hearing hours and
times in each of the following metropolitan areas for
challenges to be heard as provided in this section: Erie,
Harrisburg, Philadelphia, Pittsburgh and Scranton. the
form may be included with or as part of the notice of
violation.
A07246 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) Not later than April 1 annually, the department and
Pennsylvania Turnpike Commission shall submit a report on the
program for the preceding calendar year to the chairperson
and minority chairperson of the Transportation Committee of
the Senate and the chairperson and minority chairperson of
the Transportation Committee of the House of Representatives.
The report shall be a public record under the Right-to-Know
Law and include:
(i) The number of vehicular accidents and related
serious injuries and deaths in all work zones and in
automated speed enforcement work areas where the program
operated.
(ii) Speed data.
(iii) The number of notices of violation issued.
(iv) The amount of fines imposed and collected.
(v) Amounts paid under contracts authorized by this
section.
(vi) The number of hours of Pennsylvania State
Police presence that were provided as a result of the
funds under paragraph (3)(iii)(A)(II).
(i) Payment of fine.--
(1) An owner may admit responsibility for the violation
and pay the fine provided in the notice personally, through
an authorized agent, electronically or by mailing both
payment and the notice of violation to the system
administrator.
(2) Payment by mail must be made only by money order,
credit card or check made payable to the Commonwealth.
(3) Payment of the fine shall operate as a final
disposition of the case.
A07246 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) If payment is not received within 90 days of
original notice, the department or Pennsylvania Turnpike
Commission may turn the matter over to applicable credit
collection agencies.
(j) Contest.--
(1) An owner may, within 30 days of the mailing of the
notice, request a hearing to contest liability by appearing
before the system administrator either personally or by an
authorized agent or by mailing a request in writing on the
prescribed form. Appearances in person shall be only at the
locations and times set by the system administrator.
(2) Upon receipt of a hearing request, the system
administrator shall in a timely manner schedule the matter
before a hearing officer designated by the department or
Pennsylvania Turnpike Commission. Written notice of the date,
time and place of hearing must be presented or sent by first
class mail to the owner.
(3) The hearing shall be informal and the rules of
evidence shall not apply. The decision of the hearing officer
shall be final, subject to the right of the owner to appeal
the decision.
(4) If the owner requests in writing that the decision
of the hearing officer be appealed, the system administrator
shall file the notice of violation and supporting documents
with the office of the magisterial district judge for the
magisterial district where the violation occurred, and the
magisterial district judge shall hear and decide the matter
de novo.
(k) Expiration.--This section shall expire three years from
the effective date of this section.
A07246 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 4. The Secretary of Transportation or the Chairman
of the Pennsylvania Turnpike Commission shall publish a notice
in the Pennsylvania Bulletin when an automated speed enforcement
system is operational in this Commonwealth.
Section 5. This act shall take effect as follows:
(1) The addition of 75 Pa.C.S. § 3369(e) shall take
effect 60 days after publication in the Pennsylvania Bulletin
of the notice under section 4.
(2) The addition of 75 Pa.C.S. § 3369(h)(2) shall take
effect in 45 days.
(3) Section 4 and this section shall take effect
immediately.
(4) The remainder of this act shall take effect in 60
days.
(2) produces recorded images that show:
(i) a clear and legible identification of the
vehicle's entire rear license plate;
(ii) location; and
(iii) date and time; and
(3) produces at least two time-stamped recorded images
of the vehicle that include the same stationary object near
the vehicle. Each time-stamped image shall display time to
the hundredth of a second.
* * *
SECTION 2. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
§ 3369. PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM IN
HIGHWAY WORK ZONES.
(A) GENERAL RULE.--A PILOT PROGRAM IS ESTABLISHED TO PROVIDE
FOR AN AUTOMATED SPEED ENFORCEMENT SYSTEM IN ACTIVE WORK ZONES
ON STATE HIGHWAYS. THE FOLLOWING APPLY:
A07246 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) THE DEPARTMENT AND PENNSYLVANIA TURNPIKE COMMISSION,
FOLLOWING PROMULGATION OF REGULATIONS, ARE AUTHORIZED TO
ENFORCE SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS) BY
RECORDING VIOLATIONS USING AN AUTOMATED SPEED ENFORCEMENT
SYSTEM APPROVED BY THE DEPARTMENT.
(2) THIS SECTION SHALL ONLY BE APPLICABLE ON FEDERAL AID
HIGHWAYS AND THE PENNSYLVANIA TURNPIKE IN AREAS AGREED UPON
BY THE SECRETARY AND PENNSYLVANIA TURNPIKE COMMISSION,
RESPECTIVELY, USING AN AUTOMATED SPEED ENFORCEMENT SYSTEM.
(B) OWNER LIABILITY.--FOR EACH VIOLATION UNDER THIS SECTION,
THE OWNER OF THE VEHICLE SHALL BE LIABLE FOR THE PENALTY IMPOSED
UNLESS THE OWNER IS CONVICTED OF THE SAME VIOLATION UNDER
ANOTHER SECTION OF THIS TITLE OR HAS A DEFENSE UNDER SUBSECTION
(G).
(C) CERTIFICATE AS EVIDENCE.--A CERTIFICATE, OR A FACSIMILE
OF A CERTIFICATE, BASED UPON INSPECTION OF RECORDED IMAGES
PRODUCED BY AN AUTOMATED SPEED ENFORCEMENT SYSTEM AND SWORN TO
OR AFFIRMED BY A POLICE OFFICER SHALL BE PRIMA FACIE EVIDENCE OF
THE FACTS CONTAINED IN IT. THE SYSTEM ADMINISTRATOR MUST INCLUDE
WRITTEN DOCUMENTATION THAT THE AUTOMATED SPEED ENFORCEMENT
SYSTEM WAS OPERATING CORRECTLY AT THE TIME OF THE ALLEGED
VIOLATION. A RECORDED IMAGE EVIDENCING A VIOLATION OF SECTION
3362 SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE
PROCEEDING TO ADJUDICATE THE LIABILITY FOR THE VIOLATION.
(D) PENALTY.--THE FOLLOWING SHALL APPLY:
(1) THE PENALTY FOR A VIOLATION UNDER SUBSECTION (A)
SHALL BE A FINE OF $40.
(2) THE FINE IS NOT AUTHORIZED DURING TIMES WHEN THE
DESIGNATED HIGHWAY WORK ZONE IS NOT ACTIVE.
(3) A PENALTY IS AUTHORIZED ONLY FOR A VIOLATION OF THIS
A07246 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION IF EACH OF THE FOLLOWING APPLY:
(I) AT LEAST TWO APPROPRIATE WARNING SIGNS ARE
CONSPICUOUSLY PLACED AT THE BEGINNING AND END AND AT TWO-
MILE INTERVALS OF THE DESIGNATED HIGHWAY WORK ZONE
NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT
DEVICE IS IN USE.
(II) A NOTICE IDENTIFYING THE LOCATION OF THE
AUTOMATED SPEED ENFORCEMENT SYSTEM IS POSTED ON A
PUBLICLY ACCESSIBLE INTERNET WEBSITE THROUGHOUT THE
PERIOD OF USE.
(4) A FINE IS NOT AUTHORIZED DURING THE FIRST FIVE DAYS
OF OPERATION OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM IN EACH
SEPARATE HIGHWAY WORK ZONE.
(5) THE SYSTEM ADMINISTRATOR MAY PROVIDE A WRITTEN
WARNING TO THE REGISTERED OWNER OF A VEHICLE DETERMINED TO
HAVE VIOLATED THIS SECTION DURING THE FIRST FIVE DAYS OF
OPERATION OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.
(6) A PENALTY IMPOSED UNDER THIS SECTION SHALL NOT BE
DEEMED A CRIMINAL CONVICTION AND SHALL NOT BE MADE PART OF
THE OPERATING RECORD UNDER SECTION 1535 (RELATING TO SCHEDULE
OF CONVICTIONS AND POINTS) OF THE INDIVIDUAL UPON WHOM THE
PENALTY IS IMPOSED, NOR MAY THE IMPOSITION OF THE PENALTY BE
SUBJECT TO MERIT RATING FOR INSURANCE PURPOSES.
(7) NO SURCHARGE POINTS MAY BE IMPOSED IN THE PROVISION
OF MOTOR VEHICLE INSURANCE COVERAGE. PENALTIES COLLECTED
UNDER THIS SECTION SHALL NOT BE SUBJECT TO 42 PA.C.S. § 3571
(RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) OR 3573
(RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.).
(E) LIABILITY.--DRIVING IN EXCESS OF THE POSTED SPEED LIMIT
ALONG THE DESIGNATED HIGHWAY WORK ZONE BY 11 MILES PER HOUR OR
A07246 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MORE IS A VIOLATION OF THIS SECTION.
(F) LIMITATIONS.--THE FOLLOWING SHALL APPLY:
(1) NO AUTOMATED SPEED ENFORCEMENT SYSTEM SHALL BE
UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW RECORDED
IMAGE OF THE VEHICLE AS EVIDENCE OF HAVING COMMITTED A
VIOLATION.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAMERA
EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED SPEED ENFORCEMENT
SYSTEM AS PROVIDED IN THIS SECTION MUST BE INCAPABLE OF
AUTOMATED OR USER-CONTROLLED REMOTE SURVEILLANCE BY MEANS OF
RECORDED VIDEO IMAGES. RECORDED IMAGES COLLECTED AS PART OF
THE AUTOMATED SPEED ENFORCEMENT SYSTEM MUST ONLY RECORD
TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR ANY OTHER
SURVEILLANCE PURPOSES, BUT MAY INCLUDE VIDEO OF THE
DESIGNATED HIGHWAY WORK ZONE ENFORCED WHEN TRIGGERED BY A
VIOLATION. THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH SHALL
NOT BE DEEMED TO 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.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION
RELATING TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY
THE DEPARTMENT, PENNSYLVANIA TURNPIKE COMMISSION OR SYSTEM
ADMINISTRATOR OR THEIR AUTHORIZED AGENTS OR EMPLOYEES,
INCLUDING RECORDED IMAGES, WRITTEN RECORDS, REPORTS OR
FACSIMILES, NAMES, ADDRESSES AND THE NUMBER OF VIOLATIONS
UNDER THIS SECTION, SHALL BE FOR THE EXCLUSIVE USE OF THE
DEPARTMENT, PENNSYLVANIA TURNPIKE COMMISSION AND SYSTEM
A07246 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ADMINISTRATOR, THEIR AUTHORIZED AGENTS AND EMPLOYEES AND LAW
ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING THEIR
DUTIES UNDER THIS SECTION. THE INFORMATION SHALL NOT BE
DEEMED A PUBLIC RECORD UNDER THE ACT OF 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 RESTRICTIONS SET FORTH IN THIS PARAGRAPH
SHALL NOT BE DEEMED TO 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.
(4) RECORDED IMAGES OBTAINED THROUGH THE USE OF
AUTOMATED SPEED ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS OF
PROMOTING TRAFFIC SAFETY IN THIS COMMONWEALTH SHALL BE
DESTROYED WITHIN ONE YEAR OF FINAL DISPOSITION OF ANY
RECORDED EVENT EXCEPT THAT IMAGES SUBJECT TO A COURT ORDER
UNDER PARAGRAPH (2) OR (3) SHALL BE DESTROYED WITHIN TWO
YEARS AFTER THE DATE OF THE ORDER, UNLESS FURTHER EXTENDED BY
COURT ORDER. THE DEPARTMENT SHALL FILE NOTICE WITH THE
DEPARTMENT OF STATE THAT THE RECORDS HAVE BEEN DESTROYED IN
ACCORDANCE WITH THIS SECTION.
(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
REGISTERED VEHICLE OWNER INFORMATION OBTAINED AS A RESULT OF
THE OPERATION OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM UNDER
THIS SECTION SHALL NOT BE THE PROPERTY OF THE SYSTEM
ADMINISTRATOR, MANUFACTURER OR VENDOR OF THE AUTOMATED SPEED
ENFORCEMENT SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER
A07246 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THAN PRESCRIBED IN THIS SECTION.
(6) A VIOLATION OF THIS SUBSECTION SHALL CONSTITUTE A
MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE BY A $500 FINE.
EACH VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT
OFFENSE.
(G) DEFENSES.--THE FOLLOWING SHALL APPLY:
(1) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
SECTION THAT THE PERSON NAMED IN THE NOTICE OF THE VIOLATION
WAS NOT OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION.
THE OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT THE OWNER
WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED VIOLATION. THE
OWNER OF THE VEHICLE SHALL NOT BE REQUIRED TO DISCLOSE THE
IDENTITY OF THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION.
(2) IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT
TO THIS SECTION OF A TIME PERIOD DURING WHICH THE VEHICLE WAS
REPORTED TO A POLICE DEPARTMENT OF ANY STATE OR MUNICIPALITY
AS HAVING BEEN STOLEN, IT SHALL BE A DEFENSE TO A VIOLATION
UNDER THIS SECTION THAT THE VEHICLE HAS BEEN REPORTED TO A
POLICE DEPARTMENT AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED PRIOR TO THAT TIME.
(3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS
NOT THE OWNER OF THE VEHICLE AT THE TIME OF THE OFFENSE.
(4) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
SECTION THAT THE DEVICE BEING USED TO DETERMINE SPEED WAS NOT
IN COMPLIANCE WITH SECTION 3368 (RELATING TO SPEED TIMING
DEVICES) WITH RESPECT TO TESTING FOR ACCURACY, CERTIFICATION
OR CALIBRATION.
(H) DEPARTMENT APPROVAL.--NO AUTOMATED SPEED ENFORCEMENT
A07246 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SYSTEM MAY BE USED WITHOUT THE APPROVAL OF THE DEPARTMENT. THE
DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS
FOR THE CERTIFICATION AND USE OF THE SYSTEMS, WHICH MAY INCLUDE
THE USE OF RADIO-MICROWAVE DEVICES, COMMONLY REFERRED TO AS
ELECTRONIC SPEED METERS OR RADAR, OR LIGHT DETECTION AND RANGING
DEVICES, COMMONLY REFERRED TO AS LIDAR, IN THEIR OPERATIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THESE DEVICES SHALL
BE TESTED FOR ACCURACY AT REGULAR INTERVALS AS DESIGNATED BY
REGULATION OF THE DEPARTMENT.
(I) PROCEDURE.--THE FOLLOWING SHALL APPLY:
(1) AN AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE
USED UNLESS THERE IS POSTED AN APPROPRIATE SIGN IN A
CONSPICUOUS PLACE BEFORE THE DESIGNATED HIGHWAY WORK ZONE IN
WHICH THE AUTOMATED SPEED ENFORCEMENT DEVICE IS TO BE USED
NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT
DEVICE IS IN USE IMMEDIATELY AHEAD.
(2) THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE
COMMISSION SHALL DESIGNATE OR APPOINT A SYSTEM ADMINISTRATOR
OR SYSTEM ADMINISTRATORS TO SUPERVISE AND COORDINATE THE
ADMINISTRATION OF NOTICES OF VIOLATION ISSUED UNDER THIS
SECTION.
(3) A SYSTEM ADMINISTRATOR SHALL PREPARE A NOTICE OF
VIOLATION TO THE REGISTERED OWNER OF A VEHICLE IDENTIFIED IN
A RECORDED IMAGE PRODUCED BY AN AUTOMATED SPEED ENFORCEMENT
SYSTEM AS EVIDENCE OF A VIOLATION OF SECTION 3362. THE NOTICE
OF VIOLATION MUST BE ISSUED BY A POLICE OFFICER EMPLOYED BY
THE POLICE DEPARTMENT WITH PRIMARY JURISDICTION OVER THE AREA
WHERE THE VIOLATION OCCURRED. THE NOTICE OF VIOLATION SHALL
HAVE THE FOLLOWING ATTACHED TO IT:
(I) A COPY OF THE RECORDED IMAGE SHOWING THE VEHICLE
A07246 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
WITH LICENSE PLATE VISIBLE;
(II) THE REGISTRATION NUMBER AND STATE OF ISSUANCE
OF THE VEHICLE REGISTRATION;
(III) THE DATE, TIME AND PLACE OF THE ALLEGED
VIOLATION;
(IV) NOTICE THAT THE VIOLATION CHARGED IS UNDER
SECTION 3362; AND
(V) INSTRUCTIONS FOR RETURN OF THE NOTICE OF
VIOLATION, WHICH SHALL READ:
THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL OR
BY AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30
DAYS OF ISSUANCE. A HEARING MAY BE OBTAINED UPON THE
WRITTEN REQUEST OF THE REGISTERED OWNER.
(J) SYSTEM ADMINISTRATOR.--THE FOLLOWING SHALL APPLY:
(1) A SYSTEM ADMINISTRATOR MAY HIRE AND DESIGNATE
PERSONNEL AS NECESSARY OR CONTRACT FOR SERVICES TO IMPLEMENT
THIS SECTION.
(2) THE SYSTEM ADMINISTRATOR SHALL PROCESS NOTICES OF
VIOLATION AND PENALTIES ISSUED UNDER THIS SECTION.
(3) NOT LATER THAN APRIL 1 ANNUALLY, THE SYSTEM
ADMINISTRATOR, IN COORDINATION WITH THE DEPARTMENT AND THE
PENNSYLVANIA TURNPIKE COMMISSION, SHALL SUBMIT AN ANNUAL
REPORT TO THE CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF
THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL BE CONSIDERED
A PUBLIC RECORD UNDER THE RIGHT-TO-KNOW LAW AND INCLUDE FOR
THE PRIOR YEAR:
(I) THE NUMBER OF VIOLATIONS AND FINES ISSUED AND
DATA REGARDING THE SPEEDS OF VEHICLES IN THE ENFORCEMENT
A07246 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AREA.
(II) A COMPILATION OF PENALTIES PAID AND
OUTSTANDING.
(III) THE AMOUNT OF MONEY PAID TO THE SYSTEM
ADMINISTRATOR.
(IV) THE AMOUNT OF MONEY PAID TO A VENDOR OR
MANUFACTURER UNDER THIS SECTION.
(V) THE NUMBER OF VEHICULAR ACCIDENTS AND RELATED
SERIOUS INJURIES AND DEATHS ALONG THE DESIGNATED HIGHWAY
WORK ZONES.
(K) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A
MOTOR VEHICLE REGISTERED UNDER THE LAWS OF THIS COMMONWEALTH,
THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE
COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS AFTER THE
DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER, WHICHEVER IS
LATER, AND NOT THEREAFTER TO THE ADDRESS OF THE REGISTERED OWNER
AS LISTED IN THE RECORDS OF THE DEPARTMENT. IN THE CASE OF MOTOR
VEHICLES REGISTERED IN JURISDICTIONS OTHER THAN THIS
COMMONWEALTH, THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30
DAYS AFTER THE DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER
TO THE ADDRESS OF THE REGISTERED OWNER AS LISTED IN THE RECORDS
OF THE OFFICIAL IN THE JURISDICTION HAVING CHARGE OF THE
REGISTRATION OF THE VEHICLE. A NOTICE OF VIOLATION UNDER THIS
SECTION MUST BE PROVIDED TO AN OWNER WITHIN 90 DAYS OF THE
COMMISSION OF THE OFFENSE.
(L) MAILING OF NOTICE AND RECORDS.--NOTICE OF VIOLATION MUST
BE SENT BY FIRST CLASS MAIL. A MANUAL OR AUTOMATIC RECORD OF
MAILING PREPARED BY THE SYSTEM ADMINISTRATOR IN THE ORDINARY
COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF MAILING AND
SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING
A07246 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AS TO THE FACTS CONTAINED IN IT.
(M) PAYMENT OF FINE.--THE FOLLOWING SHALL APPLY:
(1) AN OWNER TO WHOM A NOTICE OF VIOLATION HAS BEEN
ISSUED MAY ADMIT RESPONSIBILITY FOR THE VIOLATION AND PAY THE
FINE PROVIDED IN THE NOTICE.
(2) PAYMENT MUST BE MADE PERSONALLY, THROUGH AN
AUTHORIZED AGENT, ELECTRONICALLY OR BY MAILING BOTH PAYMENT
AND THE NOTICE OF VIOLATION TO THE SYSTEM ADMINISTRATOR.
PAYMENT BY MAIL MUST BE MADE ONLY BY MONEY ORDER, CREDIT CARD
OR CHECK MADE PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM
ADMINISTRATOR SHALL REMIT THE FINE TO THE DEPARTMENT OR
PENNSYLVANIA TURNPIKE COMMISSION. THE DEPARTMENT AND THE
PENNSYLVANIA TURNPIKE COMMISSION SHALL PAY THE
ADMINISTRATOR'S OPERATION AND MAINTENANCE COSTS NECESSITATED
BY THIS SECTION. THE REMAINING FINES SHALL BE DEPOSITED INTO
A RESTRICTED RECEIPTS ACCOUNT IN THE MOTOR LICENSE FUND.
FINES DEPOSITED IN THE FUND UNDER THIS PARAGRAPH SHALL BE
USED BY THE DEPARTMENT FOR A TRANSPORTATION ENHANCEMENT
GRANTS PROGRAM AS ESTABLISHED BY SECTION 3116 (RELATING TO
AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS
CITIES). THE DEPARTMENT SHALL AWARD TRANSPORTATION
ENHANCEMENT GRANTS ON A COMPETITIVE BASIS. THE DEPARTMENT MAY
PAY ACTUAL ADMINISTRATIVE COSTS ARISING FROM THE DEPARTMENT'S
ADMINISTRATION OF THIS SECTION. THE DEPARTMENT MAY NOT
RESERVE, DESIGNATE OR SET ASIDE A SPECIFIC LEVEL OF FUNDS OR
PERCENTAGE OF FUNDS TO AN APPLICANT PRIOR TO THE COMPLETION
OF THE APPLICATION PROCESS, NOR MAY THE DEPARTMENT DESIGNATE
A SET PERCENTAGE OF FUNDS TO AN APPLICANT.
(3) PAYMENT OF THE ESTABLISHED FINE AND APPLICABLE
PENALTIES SHALL OPERATE AS A FINAL DISPOSITION OF THE CASE.
A07246 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) IF PAYMENT IS NOT MADE WITHIN 90 DAYS OF ORIGINAL
NOTICE, THE DEPARTMENT OR PENNSYLVANIA TURNPIKE COMMISSION
MAY TURN THE MATTER OVER TO THE APPLICABLE CREDIT AGENCIES.
(N) HEARING.--THE FOLLOWING SHALL APPLY:
(1) AN OWNER TO WHOM A NOTICE OF VIOLATION HAS BEEN
ISSUED MAY, WITHIN 30 DAYS OF THE MAILING OF THE NOTICE,
REQUEST A HEARING TO CONTEST THE LIABILITY ALLEGED IN THE
NOTICE. A HEARING REQUEST MUST BE MADE BY APPEARING BEFORE
THE SYSTEM ADMINISTRATOR DURING REGULAR OFFICE HOURS EITHER
PERSONALLY OR BY AN AUTHORIZED AGENT OR BY MAILING A REQUEST
IN WRITING. A HEARING REQUEST FORM MAY BE INCLUDED WITH OR AS
PART OF THE NOTICE OF VIOLATION.
(2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM
ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER
BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL BE
DESIGNATED BY THE DEPARTMENT. WRITTEN NOTICE OF THE DATE,
TIME AND PLACE OF HEARING MUST BE SENT BY FIRST CLASS MAIL TO
THE OWNER. THE SYSTEM ADMINISTRATOR SHALL ESTABLISH
CONVENIENT HEARING HOURS AND TIMES IN EACH OF THE FOLLOWING
METROPOLITAN AREAS FOR CHALLENGES TO BE HEARD AS PROVIDED IN
THIS SECTION: ERIE, HARRISBURG, PHILADELPHIA, PITTSBURGH AND
SCRANTON.
(3) THE HEARING SHALL BE CONDUCTED PURSUANT TO 2 PA.C.S.
CH. 5 (RELATING TO PRACTICE AND PROCEDURE) AND SHALL BE
SUBJECT TO APPEAL PURSUANT TO 2 PA.C.S. CH. 7 (RELATING TO
JUDICIAL REVIEW).
(O) COMPENSATION TO SYSTEM ADMINISTRATOR, MANUFACTURER OR
VENDOR.--COMPENSATION PAID TO THE MANUFACTURER OR VENDOR OF THE
AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE BASED UPON THE
NUMBER OF TRAFFIC CITATIONS ISSUED OR A PORTION OR PERCENTAGE OF
A07246 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30