S0172B1067A03786 BIL:NLG 10/11/17 #90 A03786
AMENDMENTS TO SENATE BILL NO. 172
Sponsor: REPRESENTATIVE TAYLOR
Printer's No. 1067
Amend Bill, page 1, line 5, by striking out the period after
"systems" and inserting
and for pilot program for automated speed enforcement system on
a designated highway.
Amend Bill, page 3, line 3, by striking out "a section" and
inserting
sections
Amend Bill, page 13, by inserting between lines 28 and 29
§ 3370. Pilot program for automated speed enforcement system on
designated highway.
(a) General rule.--A pilot program is established to provide
for an automated speed enforcement system on the designated
highway.
(1) A city of the first class, upon passage of an
ordinance, is 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 in a city of
the first class in areas agreed upon by the system
administrator and the Secretary of Transportation using the
automated speed enforcement system on U.S. Route 1 (Roosevelt
Boulevard) between Ninth Street and the Philadelphia County
line shared with Bucks County.
(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 employed by the city of the
first class shall be prima facie evidence of the facts contained
in it. The city must include written documentation that the
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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 $150 unless a lesser amount is set by
ordinance. The ordinance may create fines for first offense,
second offense and third and subsequent offenses, but no
single fine shall exceed $150.
(2) A penalty is authorized only for a violation of this
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 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 the
department's publicly accessible Internet website
throughout the period of use.
(3) A fine is not authorized during the first 30 days of
operation of an automated speed enforcement system.
(4) The system administrator may provide a written
warning to the registered owner of a vehicle determined to
have violated this section during the first 30 days of
operation of the automated speed enforcement system.
(5) 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.
(6) 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 by 11 miles per hour or 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
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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 area
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 city of the first class, its authorized agents or its
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 city, its authorized agents, its employees and law
enforcement officials for the purpose of discharging their
duties under this section and under any ordinances and
resolutions of the city. 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 or any
ordinance or resolution of the city. 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 a city of the first class 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 city 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 manufacturer or
vendor of the automated speed enforcement system and may not
be used for any purpose other than prescribed in this
section.
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(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
city of the first class may not require the owner of the
vehicle 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.--
(1) No automated speed enforcement system may be used
without the approval of the department, which shall have the
authority to promulgate regulations for the certification and
use of the systems which regulations 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.
(2) Notwithstanding any other provision of law, the
devices identified in paragraph (1) shall be tested for
accuracy at regular intervals as designated by regulation of
the department.
(i) Duty of city.--If a city of the first class elects to
implement this section, the following provisions shall apply:
(1) The city may not use an automated speed enforcement
system unless there is posted an appropriate sign in a
conspicuous place before the area 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 city shall designate or appoint the Philadelphia
Parking Authority as the system administrator to supervise
and coordinate the administration of notices of violation
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issued under this section.
(3) The 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;
(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) The 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 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
area.
(ii) A compilation of penalties paid and
outstanding.
(iii) The amount of money paid to a vendor or
manufacturer under this section.
(iv) The number of vehicular accidents and related
serious injuries and deaths along the designated highway.
(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
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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
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, less the system
administrator's operation and maintenance costs necessitated
by this section, to the department for deposit 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. Grants shall be
awarded by the department based on the majority vote of a
selection committee consisting of four representatives of the
department appointed by the secretary and four members
appointed by the mayor of the city of the first class, with
the secretary or a designee of the secretary serving as
chairperson. Priority shall be given to applications seeking
grant funds for transportation enhancements in the
municipality where the automated speed camera system is
operated.
(3) Payment of the established fine and applicable
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penalties shall operate as a final disposition of the case.
(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.
(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 city of the first class. Written notice of
the date, time and place of hearing must be sent by first
class mail to the owner.
(3) The hearing shall be conducted pursuant to 2 Pa.C.S.
Ch. 5 (relating to practice and procedure) and will be
subject to appeal pursuant to 2 Pa.C.S. Ch. 7 (relating to
judicial review).
(o) Compensation to manufacturer or vendor.--If a city of
the first class has established an automated speed enforcement
system deployed as a means of promoting traffic safety and the
enforcement of the traffic laws of this Commonwealth or the
city, the 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
the fine generated by the citations. The compensation paid to
the manufacturer or vendor of the equipment shall be based upon
the value of the equipment and the services provided or rendered
in support of the automated speed enforcement system.
(p) Revenue limitation.--A city of the first class may not
collect an amount equal to or greater than 2% of its annual
budget from the collection of revenue from the issuance and
payment of violations under this section.
(q) Expiration.--This section shall expire five years from
its effective date.
Amend Bill, page 14, line 2, by inserting after "system"
under 75 Pa.C.S. § 3369
Amend Bill, page 14, by inserting between lines 2 and 3
Section 5. The Secretary of Transportation shall publish a
notice in the Pennsylvania Bulletin when the automated speed
enforcement system is operational along the designated highway
under 75 Pa.C.S. § 3370.
Amend Bill, page 14, line 3, by striking out "5" and
inserting
6
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Amend Bill, page 14, by inserting between lines 8 and 9
(3) Except as set forth in paragraph (4), the addition
of 75 Pa.C.S. § 3370 shall take effect in 60 days.
(4) The addition of 75 Pa.C.S. § 3370(e) shall take
effect 60 days after publication in the Pennsylvania Bulletin
of the notice under section 5.
Amend Bill, page 14, line 9, by striking out "(3) Section 4"
and inserting
(5) Sections 4 and 5
Amend Bill, page 14, line 11, by striking out "(4)" and
inserting
(6)
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