H0364B3908A06397 PWK:JSL 06/23/20 #90 A06397
AMENDMENTS TO HOUSE BILL NO. 364
Sponsor: SENATOR BARTOLOTTA
Printer's No. 3908
Amend Bill, page 1, line 10, by striking out "(F)(2)" and
inserting
(f)
Amend Bill, page 2, line 9, by inserting a bracket before
"DRIVER"
Amend Bill, page 2, line 9, by inserting after "DRIVER"
] owner
Amend Bill, page 2, lines 13 and 14, by striking out
"VIOLATION AND A FINE SHALL BE IMPOSED IN THE AMOUNT OF $300 "
and inserting
penalty with a fine of $300
Amend Bill, page 2, line 15, by striking out "AFTER
ADMINISTRATIVE COSTS"
Amend Bill, page 2, line 17, by inserting after "OCCURRED"
, which shall be utilized for the installation or
maintenance of side stop signal arm enforcement systems
on school buses
Amend Bill, page 2, line 27, by striking out "OPERATOR" and
inserting
driver
Amend Bill, page 2, by inserting between lines 28 and 29
(3) For each violation under this section, the owner of
the vehicle shall be liable for the fine imposed unless the
owner is convicted of the same violation under section 3345,
or has a defense under subsection (f).
(4) A violation under this section shall not:
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(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.
Amend Bill, page 3, line 6, by striking out "OPERATOR" and
inserting
driver
Amend Bill, page 3, line 10, by striking out "OPERATOR" and
inserting
driver
Amend Bill, page 3, line 15, by striking out all of said line
and inserting
(1) It shall be a defense to a prosecution using a side
stop signal arm enforcement system for a violation under
section 3345 that the person named in the citation was not
operating the vehicle at the time of the violation. The
person shall be required to submit evidence to the court that
the person was not the driver at the time of the alleged
violation.
Amend Bill, page 3, line 16, by striking out "(I)"
Amend Bill, page 3, lines 19 through 30; pages 4 and 5, lines
1 through 30; page 6, lines 1 through 5; by striking out all of
said lines on said pages and inserting
(3) 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.
(4) If an owner receives a notice of violation under
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.
(5) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
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not the owner of the vehicle at the time of the offense.
* * *
Amend Bill, page 6, by inserting between lines 10 and 11
(h.1) Duty of school district.--A school district may enter
into an intergovernmental agreement with the primary police
department with authority to issue violations using an automated
side stop signal arm enforcement system. The primary police
department is the police department in any municipality in which
the school district is located. If a municipality in which the
school district where the violation occurred is located does not
have its own police department, the school district may petition
the State Police for review of the evidence package from the
automated side stop signal arm enforcement system.
(h.2) Duty of police and police department.--Police officers
and police departments enforcing violations of section 3345 and
using automated side stop signal arm enforcement systems shall:
(1) Review submitted evidence from the manufacturer or
vendor of a system to determine if there is sufficient
evidence that a violation under section 3345 occurred and
electronically certify the notice of violation.
(2) Provide information to a school district related to
the police or police department's capacity to view and
authorize the notice of violation.
Amend Bill, page 6, by inserting between lines 17 and 18
(i.1) Notice of violation, fines and contest.--The following
shall apply:
(1) The following shall apply to notice of violation:
(i) The primary police department for the school
entity in which the violation occurred shall mail or
electronically transfer a notice of the citation to the
person identified as having the care, custody or control
of the vehicle at the time of the violation. The proof
required under this section creates a rebuttable
presumption that the person having the care, custody or
control of the vehicle at the time of the violation was
the driver of the vehicle at the time of the violation.
(ii) The notice required under this paragraph shall
contain the following:
(A) The information described in the original
notice of violation.
(B) A statement that the person receiving the
notice was identified by the owner of the vehicle as
the person having the care, custody or control of the
vehicle at the time of the violation.
(C) A statement that the person may offer a
defense as described in subsection (f). If a person
identified by the owner as having care, custody or
control of the vehicle at the time of the violation
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declines responsibility, the responsibility shall
revert to the owner of the vehicle.
(iii) The owner may not attempt to transfer
responsibility more than one time using this procedure.
(iv) If a person other than the owner denies the
person was the driver and declines responsibility, a new
notice shall be issued to the owner which shall include
the following:
(A) a statement that the other person declined
responsibility; and
(B) a provision allowing for the option of
paying the civil fine or contesting the violation by
a stated date that shall not be less than 20 days
from the mailing of the new notice.
(v) The person receiving the notice shall be
responsible for payment of the civil fine unless the
person either:
(A) returns a signed statement on a form
provided with the notice of violation that the person
was not the driver and declining responsibility, in
which case responsibility for the violation shall
revert to the owner; or
(B) admits to being the driver but denies
committing the violation, in which case the person
may contest the notice of violation in the same
manner as the owner may contest the violation.
(2) The following shall apply to payment of fine:
(i) An owner may admit responsibility for the
violation and pay the fine as indicated on the notice of
violation.
(ii) Payment of the fine shall operate as a final
disposition of the civil penalty.
(iii) If payment is not received or the owner has not
contested liability within 30 days of original notice,
the police department may turn the matter over to the
Magisterial District Judge where the violation occurred.
The Magisterial District Judge may assess liability upon
the owner for failure to pay the fine or contest
liability.
(3) The following shall apply to contesting liability or
notice:
(1) An owner may, within 30 days of the mailing of
the notice, contest liability in person or by mailing a
request in writing on the prescribed form, raising a
defense listed under subsection (f).
(ii) If an owner contests the notice of violation
and completes payment of applicable civil filing fees,
the primary police department shall file the notice of
violation and supporting documents with the Magisterial
District Judge where the violation occurred, and the
court shall hear and decide the matter.
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Amend Bill, page 7, line 8, by inserting a bracket before
"MOTOR"
Amend Bill, page 7, line 8, by inserting a bracket after
"MOTOR"
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