PRIOR PRINTER'S NO. 811 PRINTER'S NO. 2074
No. 704 Session of 2001
INTRODUCED BY GREENLEAF, STOUT, BELL AND MOWERY, MARCH 27, 2001
SENATOR MADIGAN, TRANSPORTATION, AS AMENDED, JUNE 12, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, authorizing automated red light enforcement
3 systems.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding definitions to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Automated red light enforcement system." A device with one <--
16 or more motor vehicle sensors working in conjunction with a
17 traffic control signal to produce recorded images of motor
18 vehicles entering an intersection against a red signal
1 indication.
2 "AUTOMATED RED LIGHT ENFORCEMENT SYSTEM." A VEHICLE SENSOR <--
3 INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL SIGNAL
4 WHICH AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS OF ANY
5 VEHICLE AT THE TIME THE VEHICLE IS USED OR OPERATED IN A MANNER
6 WHICH IS A VIOLATION UNDER THIS TITLE.
7 * * *
8 "Recorded images." Images recorded by an automated red light
9 enforcement system on any of the following: <--
10 (1) Two or more photographs.
11 (2) Two or more microphotographs.
12 (3) Two or more electronic images. TWO OR MORE <--
13 PHOTOGRAPHS.
14 * * *
15 Section 2. Title 75 is amended by adding a section to read:
16 § 3112.1. Automated red light enforcement systems.
17 (a) General rule.--A local authority may adopt an ordinance <--
18 authorizing the use of an automated red light enforcement system
19 that is approved by the department in order to enforce section
20 3112(a)(3) (relating to traffic-control signals).
21 (b) Owner liability.--For each violation pursuant to this
22 section, the owner of the vehicle shall be liable for the
23 penalty imposed, unless the owner is convicted of the same
24 violation under another section of this title or has a valid
25 defense under subsection (d).
26 (c) Penalty.--The maximum penalty for a violation under
27 subsection (a), including any surcharge, is $100. The fine shall
28 be payable to the local authority. Penalties imposed under this
29 section shall not be deemed a criminal conviction, and shall not
30 be made part of the operating record under section 1535
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1 (relating to schedule of convictions and points) of the person
2 upon whom the penalty is imposed, nor shall the imposition of
3 the penalty be subject to merit rating for insurance purposes.
4 No surcharge points shall be imposed in the provision of motor
5 vehicle coverage. Fines collected under this section shall not
6 be subject to 42 Pa.C.S. § 3571 (relating to Commonwealth
7 portion of fines, etc.) or 3573 (relating to municipal
8 corporation portion of fines, etc.).
9 (A) GENERAL RULE.--A LOCAL AUTHORITY, UPON PASSAGE OF AN <--
10 ORDINANCE, IS AUTHORIZED TO ENFORCE SECTION 3112(A)(3) (RELATING
11 TO TRAFFIC-CONTROL SIGNALS) BY RECORDING VIOLATIONS USING AN
12 AUTOMATED RED LIGHT ENFORCEMENT SYSTEM APPROVED BY THE
13 DEPARTMENT.
14 (B) OWNER LIABILITY.--FOR EACH VIOLATION PURSUANT TO THIS
15 SECTION, THE OWNER OF THE VEHICLE SHALL BE LIABLE FOR THE
16 PENALTY IMPOSED, UNLESS THE OWNER IS CONVICTED OF THE SAME
17 VIOLATION UNDER ANOTHER SECTION OF THIS TITLE OR HAS A VALID
18 DEFENSE UNDER SUBSECTION (F).
19 (C) CERTIFICATE AS EVIDENCE.--A CERTIFICATE, OR A FACSIMILE
20 THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS PRODUCED BY AN
21 AUTOMATED RED LIGHT ENFORCEMENT SYSTEM AND SWORN TO OR AFFIRMED
22 BY A POLICE OFFICER EMPLOYED BY THE LOCAL AUTHORITY SHALL BE
23 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. THE LOCAL
24 AUTHORITY SHALL INCLUDE WRITTEN DOCUMENTATION THAT THE AUTOMATED
25 RED LIGHT ENFORCEMENT SYSTEM WAS OPERATING CORRECTLY AT THE TIME
26 OF THE ALLEGED VIOLATION. ANY PHOTOGRAPHS EVIDENCING A VIOLATION
27 OF SECTION 3112(A)(3) SHALL BE ADMISSIBLE IN ANY JUDICIAL OR
28 ADMINISTRATIVE PROCEEDING TO ADJUDICATE THE LIABILITY FOR THE
29 VIOLATION.
30 (D) PENALTY.--THE PENALTY FOR A VIOLATION UNDER SUBSECTION
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1 (A) SHALL BE A FINE OF $100, UNLESS A LESSER AMOUNT IS SET BY
2 LOCAL ORDINANCE. THE FINE SHALL BE PAYABLE TO THE LOCAL
3 AUTHORITY. PENALTIES IMPOSED UNDER THIS SECTION SHALL NOT BE
4 DEEMED A CRIMINAL CONVICTION, AND SHALL NOT BE MADE PART OF THE
5 OPERATING RECORD UNDER SECTION 1535 (RELATING TO SCHEDULE OF
6 CONVICTIONS AND POINTS) OF THE PERSON UPON WHOM THE PENALTY IS
7 IMPOSED, NOR SHALL THE IMPOSITION OF THE PENALTY BE SUBJECT TO
8 MERIT RATING FOR INSURANCE PURPOSES. NO SURCHARGE POINTS SHALL
9 BE IMPOSED IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
10 FINES COLLECTED UNDER THIS SECTION SHALL NOT BE SUBJECT TO 42
11 PA.C.S. § 3571 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.)
12 OR 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES,
13 ETC.).
14 (E) LIMITATIONS.--
15 (1) NO AUTOMATED RED LIGHT ENFORCEMENT SYSTEM SHALL BE
16 UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW
17 PHOTOGRAPH OF THE VEHICLE AS EVIDENCE OF HAVING COMMITTED A
18 VIOLATION.
19 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
20 CAMERA EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED RED LIGHT
21 ENFORCEMENT SYSTEM, AS PROVIDED IN THIS SECTION, SHALL NOT BE
22 CAPABLE OF AUTOMATED OR USER CONTROLLED REMOTE INTERSECTION
23 SURVEILLANCE BY MEANS OF RECORDED VIDEO IMAGES. ALL
24 PHOTOGRAPHS COLLECTED AS PART OF THE AUTOMATED RED LIGHT
25 ENFORCEMENT SYSTEM SHALL BE 35-MILLIMETER FILM ONLY, SHALL
26 ONLY RECORD TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR ANY
27 OTHER SURVEILLANCE PURPOSES. THE RESTRICTIONS SET FORTH IN
28 THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE A COURT OF
29 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING THAT
30 THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT OFFICIALS IF
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1 THE INFORMATION IS REASONABLY DESCRIBED AND IS REQUESTED
2 SOLELY IN CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.
3 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL
4 INFORMATION PREPARED UNDER THIS SECTION OR INFORMATION
5 RELATING TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY
6 THE LOCAL AUTHORITY, ITS AUTHORIZED AGENTS OR ITS EMPLOYEES,
7 INCLUDING, BUT NOT LIMITED TO, PHOTOGRAPHS, WRITTEN RECORDS,
8 REPORTS OR FACSIMILES, NAMES, ADDRESSES AND THE NUMBER OF
9 VIOLATIONS UNDER THIS SECTION SHALL BE FOR THE EXCLUSIVE USE
10 OF THE LOCAL AUTHORITY, ITS AUTHORIZED AGENTS, ITS EMPLOYEES
11 AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING
12 THEIR DUTIES UNDER THIS SECTION AND UNDER ANY ORDINANCES AND
13 RESOLUTIONS OF THE LOCAL AUTHORITY. THE INFORMATION SHALL NOT
14 BE DEEMED A PUBLIC RECORD UNDER THE ACT OF JUNE 21, 1957
15 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW. THE
16 INFORMATION SHALL NOT BE DISCOVERABLE BY COURT ORDER OR
17 OTHERWISE NOR SHALL IT BE OFFERED IN EVIDENCE IN ANY ACTION
18 OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO A VIOLATION OF
19 THIS SECTION OR ANY ORDINANCES OR RESOLUTIONS OF THE LOCAL
20 AUTHORITY. THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH SHALL
21 NOT BE DEEMED TO PRECLUDE A COURT OF COMPETENT JURISDICTION
22 FROM ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE
23 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION IS
24 REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN CONNECTION
25 WITH A CRIMINAL LAW ENFORCEMENT ACTION.
26 (4) PHOTOGRAPHIC EVIDENCE OBTAINED THROUGH THE USE OF
27 AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS
28 OF PROMOTING TRAFFIC SAFETY IN LOCALITIES WITHIN THIS
29 COMMONWEALTH SHALL BE DESTROYED WITHIN ONE YEAR OF FINAL
30 DISPOSITION OF ANY RECORDED EVENT. THE LOCALITIES SHALL FILE
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1 NOTICE WITH THE DEPARTMENT OF STATE THAT THE RECORDS HAVE
2 BEEN DESTROYED IN ACCORDANCE WITH THIS SECTION.
3 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
4 REGISTERED VEHICLE OWNER INFORMATION OBTAINED AS A RESULT OF
5 THE OPERATION OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
6 PURSUANT TO THIS SECTION SHALL NOT BE THE PROPERTY OF THE
7 MANUFACTURER OR VENDOR OF THE AUTOMATED RED LIGHT ENFORCEMENT
8 SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN
9 PRESCRIBED IN THIS SECTION.
10 (d) (F) Defenses.-- <--
11 (1) It shall be a valid defense to a violation under
12 this section that the person named in the notice of the
13 violation was not operating the vehicle at the time of the
14 violation. The owner may be required to submit evidence that
15 the owner was not the driver at the time of the alleged
16 violation. The local authority may not require the owner of
17 the vehicle to disclose the identity of the operator of the
18 vehicle at the time of the violation.
19 (2) If an owner receives a notice of violation pursuant
20 to this section of any time period during which the vehicle
21 was reported to a police department of any state or
22 municipality as having been stolen, it shall be a valid
23 defense to a violation pursuant to this section that the
24 vehicle has been reported to a police department as stolen
25 prior to the time the violation occurred and had not been
26 recovered prior to that time.
27 (3) It shall be a valid defense to a violation under
28 this section that the person receiving the notice of
29 violation was not the owner of the vehicle at the time of the
30 offense.
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1 (e) (G) Department approval.--No automated red light <--
2 enforcement system may be used without the approval of the
3 department, which shall have the authority to promulgate
4 regulations for the certification and use of such systems.
5 (f) (H) Power of local authority.--A local authority may <--
6 hire and designate personnel as may be necessary or contract for
7 services to implement this section.
8 (g) (I) Duty of local authority.--When a local authority <--
9 elects to implement this section, the following provisions shall
10 apply:
11 (1) The local authority may not use an automated red
12 light enforcement system unless there is posted an
13 appropriate sign in a conspicuous place before the area in
14 which the automated red light enforcement device is to be
15 used notifying the public that an automated red light
16 enforcement device is in use immediately ahead.
17 (2) The local authority shall designate or appoint a
18 system administrator to supervise and coordinate the
19 administration of notices or OF violation issued pursuant to <--
20 this section.
21 (3) It shall be the duty of the system administrator to
22 issue PREPARE a notice of violation to the registered owner <--
23 of any vehicle identified in any recorded images PHOTOGRAPHS <--
24 produced by an automated red light enforcement system as
25 evidence of a violation of section 3112(a)(3). THE ISSUANCE <--
26 OF THE NOTICE OF VIOLATION MUST BE DONE BY A POLICE OFFICER
27 EMPLOYED BY THE POLICE DEPARTMENT WITH PRIMARY JURISDICTION
28 OVER THE AREA WHERE THE VIOLATION OCCURRED. The notice of
29 violation shall have attached to it a copy of the recorded
30 image showing the vehicle, the registration number and state
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1 of issuance of the vehicle registration, the date, time and
2 place of the alleged violation, that the violation charged is
3 under section 3112(a)(3), and instructions for return of the
4 notice of violation. The text of the notice shall be as
5 follows:
6 This notice shall be returned personally, by mail or by
7 an agent duly authorized in writing, within 30 days of
8 issuance. A hearing may be obtained upon the written
9 request of the registered owner.
10 (h) Notice to owner.--The notice of violation shall be <--
11 mailed within 21 days of the violation to the address of the
12 registered owner as listed in the records of the department.
13 (J) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A <--
14 MOTOR VEHICLE REGISTERED UNDER THE LAWS OF THIS COMMONWEALTH,
15 THE NOTICE OF VIOLATION SHALL BE MAILED WITHIN 14 DAYS OF THE
16 VIOLATION, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO THE ADDRESS OF
17 THE REGISTERED OWNER AS LISTED IN THE RECORDS OF THE DEPARTMENT.
18 IN THE CASE OF MOTOR VEHICLES REGISTERED IN JURISDICTIONS OTHER
19 THAN THIS COMMONWEALTH, THE NOTICE OF VIOLATION SHALL BE MAILED
20 WITHIN 21 DAYS OF THE VIOLATION, EXCLUSIVE OF SUNDAYS AND
21 HOLIDAYS, TO THE ADDRESS OF THE REGISTERED OWNER AS LISTED IN
22 THE RECORDS OF THE OFFICIAL IN THE JURISDICTION HAVING CHARGE OF
23 THE REGISTRATION OF THE VEHICLE.
24 (i) (K) Mailing of notice and records.--Notices of violation <--
25 shall be sent by first class mail. A manual or automatic record
26 of mailing prepared by the system administrator in the ordinary
27 course of business shall be prima facie evidence thereof and
28 shall be admissible in any judicial or administrative proceeding
29 as to the facts contained therein.
30 (j) (L) Payment of fine.--An owner to whom a notice of <--
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1 violation has been issued may admit responsibility for the
2 violation and pay the fine provided therein. Payment shall be
3 made personally, through an authorized agent or by mailing both
4 payment and the notice of violation to the system administrator.
5 Payment by mail shall be made only by money order, credit card
6 or check made payable to the local authority. Payment of the
7 established fine and any applicable penalties shall operate as a
8 final disposition of the case.
9 (k) (M) Hearing.-- <--
10 (1) An owner to whom a notice of violation has been
11 issued may, within 30 days of the mailing of the notice,
12 request a hearing to contest the liability alleged in the
13 notice. A hearing request shall be made by appearing before
14 the system administrator during regular office hours either
15 personally or by duly authorized agent or by mailing a
16 request in writing.
17 (2) Upon receipt of a hearing request, the system
18 administrator shall schedule in a timely manner the matter
19 before a hearing officer. The hearing officer shall be
20 designated by the local authority. Written notice of the
21 date, time and place of hearing shall be sent by first class
22 mail to the owner.
23 (3) The hearing shall be informal, the rules of evidence
24 shall not apply and the decision of the hearing officer shall
25 be final, subject to the right of the owner to appeal the
26 decision to the appropriate district justice or traffic
27 court.
28 (4) If the owner requests in writing that the decision
29 of the hearing officer be appealed to the district justice or
30 traffic court, the system administrator shall file the notice
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1 of violation and supporting documents with the district
2 justice or traffic court which shall hear and decide the
3 matter de novo.
4 (l) Payment to manufacturer or vendor prohibited.--If the <--
5 local authority has established an automated red light
6 enforcement system for the enforcement of section 3112(a)(3),
7 then no portion of any fine collected through the use of such
8 system may be paid to the manufacturer or vendor of the
9 automated red light enforcement system. The compensation paid by
10 the agency for such equipment shall be based upon the value of
11 such equipment and may not be based upon the number of violation
12 notices issued or the revenue generated by such equipment.
13 (N) COMPENSATION TO MANUFACTURER OR VENDOR.--WHEN A <--
14 JURISDICTION HAS ESTABLISHED AN AUTOMATED RED LIGHT ENFORCEMENT
15 SYSTEM DEPLOYED AS A MEANS OF PROMOTING TRAFFIC SAFETY AND THE
16 ENFORCEMENT OF THE TRAFFIC LAWS OF THIS COMMONWEALTH OR ANY OF
17 ITS POLITICAL SUBDIVISIONS, THE COMPENSATION PAID TO THE
18 MANUFACTURER OR VENDOR OF THE AUTOMATED RED LIGHT ENFORCEMENT
19 SYSTEM MAY NOT BE BASED UPON THE NUMBER OF TRAFFIC CITATIONS
20 ISSUED OR ANY PORTION OR PERCENTAGE OF THE FINE GENERATED BY
21 SUCH CITATIONS. THE COMPENSATION PAID TO SUCH MANUFACTURER OR
22 VENDOR OF THE EQUIPMENT SHALL BE BASED UPON THE VALUE OF SUCH
23 EQUIPMENT AND THE SERVICES PROVIDED OR RENDERED IN SUPPORT OF
24 THE AUTOMATED RED LIGHT ENFORCEMENT SYSTEM.
25 (O) DURATION OF YELLOW LIGHT CHANGE INTERVAL.--THE DURATION
26 OF THE YELLOW LIGHT CHANGE INTERVAL AT INTERSECTIONS WHERE
27 AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS ARE IN USE SHALL BE NO
28 LESS THAN THE YELLOW LIGHT CHANGE INTERVAL DURATION SPECIFIED IN
29 THE DESIGN MANUAL DEVELOPED BY THE SIGNALS AND GEOMETRICS
30 SECTION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
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1 (P) REVENUE LIMITATION.--A POLITICAL SUBDIVISION MAY NOT
2 COLLECT AN AMOUNT EQUAL TO OR GREATER THAN 5% OF ITS ANNUAL
3 BUDGET FROM THE COLLECTION OF REVENUE FROM THE ISSUANCE AND
4 PAYMENT OF VIOLATIONS UNDER THIS SECTION.
5 SECTION 3. THE PROVISIONS OF 75 PA.C.S. § 3112.1 ARE
6 SEVERABLE. IF ANY PROVISION OF SECTION 3112.1 OR ITS APPLICATION
7 TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY
8 SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE SECTION
9 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
10 APPLICATION.
11 Section 3 4. This act shall take effect in 60 days. <--
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