PRINTER'S NO. 1257
No. 1010 Session of 2001
INTRODUCED BY HUGHES, MELLOW, MOWERY, MADIGAN, COSTA, CONTI,
KITCHEN, LAVALLE, WOZNIAK, KUKOVICH, LOGAN AND STOUT,
JUNE 21, 2001
REFERRED TO TRANSPORTATION, JUNE 21, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for violation detection devices
3 authorized for local authorities.
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 a definition 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 "Traffic-control signal violation-monitoring system." A
16 vehicle sensor installed to work in conjunction with a traffic-
17 control signal which automatically produces one or more
18 photographs or microphotographs of any vehicle at the time the
1 vehicle is used or operated in a manner which is a violation
2 under this title.
3 * * *
4 Section 2. Title 75 is amended by adding a section to read:
5 § 3112.1. Violation detection devices authorized for local
6 authorities.
7 (a) General rule.--A local authority is authorized to
8 enforce section 3112(a)(3) (relating to traffic-control signals)
9 by recording violations using a traffic-control signal
10 violation-monitoring system approved by the department.
11 (b) Owner liability.--For each violation of section
12 3112(a)(3) detected pursuant to this section, the owner of the
13 vehicle shall be liable for the penalty imposed, unless the
14 owner is convicted of the same violation under another section
15 of this title or has a valid defense under subsection (f).
16 (c) Certificate as evidence.--A certificate, or a reasonable
17 facsimile, based upon inspection of photographs or
18 microphotographs produced by a traffic-control signal violation-
19 monitoring system and sworn to or affirmed by a police officer
20 or technician employed by the local authority, shall be prima
21 facie evidence of the detected violation. Photographs or
22 microphotographs evidencing a violation of section 3112(a)(3)
23 shall be admissible in any judicial or administrative proceeding
24 to adjudicate the liability for the violation.
25 (d) Penalty.--The penalty for a violation of section
26 3112(a)(3) detected under subsection (a) shall be a fine of
27 $100, unless a different amount is set by local ordinance. The
28 fine shall be payable to the local authority. Penalties imposed
29 under this section shall not be deemed a criminal conviction and
30 shall not be made part of the operating record under section
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1 1535 (relating to schedule of convictions and points) of the
2 person upon whom the penalty is imposed, nor shall the
3 imposition of the penalty be subject to merit rating for
4 insurance purposes. No surcharge points shall be imposed in the
5 provision of motor vehicle insurance coverage. Fines collected
6 under this section shall not be subject to 42 Pa.C.S. § 3571
7 (relating to Commonwealth portion of fines, etc.) or 3573
8 (relating to municipal corporation portion of fines, etc.).
9 (e) Limitation.--A front view photograph of a vehicle may
10 not be used as evidence of having committed a violation of
11 section 3112(a)(3).
12 (f) Defenses.--
13 (1) If an owner receives a notice of violation under
14 this section for any time period during which the vehicle was
15 reported to a police department of any state or municipality
16 as having been stolen, it shall be a valid defense that the
17 vehicle has been reported stolen prior to the time the
18 violation occurred and had not been recovered before the
19 violation occurred. In order to demonstrate that the vehicle
20 was stolen before the violation occurred and was not under
21 the control or possession of the owner at the time of the
22 violation, the owner must submit proof that the police report
23 was filed in a timely manner.
24 (2) It shall be a valid defense to a violation under
25 this section that the person receiving the notice of
26 violation was not the owner of the vehicle at the time of the
27 offense.
28 (3) To satisfy the evidentiary burden under this
29 subsection, the person named in the citation shall provide to
30 the satisfaction of the court proof of who was operating the
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1 vehicle at the time of the violation, including, at a
2 minimum, the operator's name and current address.
3 (4) (i) The provisions of this paragraph apply only to
4 a citation that involves a Class E (truck) vehicle with a
5 registered gross weight of 26,001 pounds or more, Class F
6 (tractor) vehicle, Class G (trailer) vehicle operated in
7 combination with a Class F (tractor) vehicle and Class P
8 (passenger bus) vehicle.
9 (ii) To satisfy the evidentiary burden under this
10 paragraph, the person named in a citation described under
11 subparagraph (i) may provide to the district court a
12 letter, sworn to or affirmed by the person and mailed by
13 certified mail, return receipt requested, that:
14 (A) states that the person named in the citation
15 was not operating the vehicle at the time of the
16 violation; and
17 (B) provides the name, address and driver's
18 licenses identification number of the person who was
19 operating the vehicle at the time of the violation.
20 (5) (i) If the district court finds that the person
21 named in the citation was not operating the vehicle at
22 the time of the violation or receives evidence under
23 paragraph (4)(ii)(B) identifying the person driving the
24 vehicle at the time of the violation, the clerk of the
25 court shall provide to the agency issuing the citation a
26 copy of any evidence substantiating who was operating the
27 vehicle at the time of the violation.
28 (ii) Upon receipt of substantiating evidence from
29 the district court under subparagraph (i), an agency may
30 issue a citation as provided in subsection (d) to the
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1 person that the evidence indicates was operating the
2 vehicle at the time of the violation.
3 (g) Department approval.--No traffic-control signal
4 violation-monitoring system may be used without the approval of
5 the department, which shall have the authority to promulgate
6 regulations for the certification and use of such systems.
7 (h) Power of local authority.--A local authority may hire
8 and designate personnel as may be necessary or contract for
9 services to implement this section.
10 (i) Duty of local authority.--When a local authority elects
11 to implement this section, the following provisions shall apply:
12 (1) The local authority shall designate or appoint a
13 system administrator to supervise and coordinate the
14 administration of notices of violation issued pursuant to
15 this section.
16 (2) It shall be the duty of the system administrator to
17 issue a notice of violation to the registered owner of any
18 vehicle identified in any photographs or microphotographs
19 produced by a traffic-control signal violation-monitoring
20 system as evidence of a violation of section 3112(a)(3). The
21 notice of violation shall have attached to it a copy of the
22 recorded image showing the vehicle, the registration number
23 and state of issuance of the vehicle registration, the date,
24 time and place of the alleged violation, that the violation
25 charged is of section 3112(a)(3), and instructions for return
26 of the notice of violation. The text of the notice shall be
27 as follows:
28 This notice may be returned personally, by mail, or
29 by agent duly authorized in writing. A hearing may be
30 obtained upon the written request of the registered
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1 owner in writing. Failure to obey this notice within
2 30 days of issue may result in the nonrenewal of your
3 certificate of registration.
4 (j) Notice to owner.--In the case of a violation involving a
5 motor vehicle registered under the laws of this Commonwealth,
6 the notice of violation shall be mailed within 14 days of the
7 violation, exclusive of Sundays and holidays, to the address of
8 the registered owner as listed in the records of the department.
9 In the case of motor vehicles registered in jurisdictions other
10 than this Commonwealth, the notice of violation shall be mailed
11 within 21 days of the violation, exclusive of Sundays and
12 holidays, to the address of the registered owner as listed in
13 the records of the official in the jurisdiction having charge of
14 the registration of the vehicle.
15 (k) Mailing of notice; records.--Notices of violation shall
16 be sent by first class mail. A manual or automatic record of
17 mailing prepared by the system administrator in the ordinary
18 course of business shall be prima facie evidence thereof, and
19 shall be admissible in any judicial or administrative proceeding
20 as to the facts contained therein.
21 (l) Payment of fine.--An owner to whom a notice of violation
22 has been issued may admit responsibility for the violation and
23 pay the fine provided therein. Payment shall be made personally,
24 or through an authorized agent, or by mailing both payment and
25 the notice of violation to the system administrator. Payment by
26 mail shall be made only by money order, credit card or check
27 made payable to the local authority. Payment of the established
28 fine and any applicable penalties shall operate as a final
29 disposition of the case.
30 (m) Hearing.--An owner to whom a notice of violation has
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1 been issued may, within 30 days of the mailing of the notice,
2 request a hearing to contest the liability alleged in the
3 notice. A hearing request shall be made by appearing before the
4 system administrator during regular office hours, either
5 personally or by duly authorized agent, or by mailing a request
6 in writing. Upon receipt of a hearing request, the system
7 administrator shall schedule in a timely manner the matter
8 before a hearing officer. The hearing officer shall be
9 designated by the local authority. Written notice of the date,
10 time and place of hearing shall be sent by first class mail to
11 the owner. The hearing shall be informal, the rules of evidence
12 shall not apply and the decision of the hearing officer shall be
13 final, subject to the right of the owner to appeal the decision
14 to the appropriate district justice or traffic court. If the
15 owner requests in writing that the decision of the hearing
16 officer be appealed to the district justice or traffic court,
17 the system administrator shall file the notice of violation and
18 supporting documents with the district justice or traffic court,
19 which shall hear and decide the matter de novo.
20 (n) Failure to act; adjudication.--If the owner to whom a
21 notice of violation has been issued fails to pay a fine due
22 under this section, the system administrator shall notify the
23 department. Upon receipt of two or more notices under this
24 subsection, the department shall not issue or renew the vehicle
25 registration until after notification from the system
26 administrator that all fines and penalties owed by the owner
27 pursuant to this section have been paid. Upon notification to
28 the department, an additional charge of $20 payable to the
29 department, but collected by the local authority, and an
30 additional charge of $20 payable to the local authority shall be
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1 assessed against the owner. It shall be the duty of the system
2 administrator to notify the department in a timely manner that a
3 case has been disposed. A certified receipt of full and final
4 payment from the local authority issuing the violation shall
5 serve as notice to the department that the violation has been
6 disposed of in accordance with law. The certified receipt shall
7 be printed in such form as the department may approve.
8 Section 3. This act shall take effect in 60 days.
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