HOUSE AMENDED
PRIOR PRINTER'S NO. 2026 PRINTER'S NO. 2177
No. 1477 Session of 2000
INTRODUCED BY TOMLINSON, STOUT, SALVATORE, CONTI, GERLACH,
RHOADES, THOMPSON, WENGER, WAGNER, TILGHMAN, FUMO, LOEPER,
KUKOVICH, COSTA, WAUGH, MURPHY, ARMSTRONG, SCHWARTZ, LEMMOND
AND GREENLEAF, JUNE 12, 2000
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 2, 2000
AN ACT
1 Amending the act of September 30, 1985 (P.L.240, No.61),
2 entitled "An act to facilitate vehicular traffic within and
3 across the Commonwealth by providing for the construction,
4 reconstruction, improvement, operation and maintenance of
5 toll roads and the conversion of existing toll-free roads to
6 toll roads in Pennsylvania; conferring powers and imposing
7 duties on the Pennsylvania Turnpike Commission; providing for
8 membership on the Pennsylvania Turnpike Commission;
9 authorizing issuance of turnpike revenue bonds, notes or
10 other obligations of the commission, payable solely from
11 revenues of the commission, including tolls, or from such
12 other funds as may be available to the commission for that
13 purpose, to pay the costs of such toll roads including the
14 acquisition and other costs of toll-free roads and for
15 refunding purposes; providing that no debt of the
16 Commonwealth shall be incurred in the exercise of any of the
17 powers granted by this act; providing for the collection of
18 tolls for the payment of such bonds, notes or other
19 obligations, and for the cost of maintenance, operation and
20 repair of the toll roads including toll-free roads converted
21 to toll roads; making such turnpike revenue bonds, notes or
22 other obligations exempt from taxation; constituting the same
23 legal investments in certain instances; requiring suits
24 against the commission to be brought in the courts in which
25 such actions may be brought against the Commonwealth;
26 prescribing conditions on which toll roads shall be turned
27 over to the Department of Transportation; providing for grade
28 separations, grade changes, relocations, restorations and
29 vacations of public roads and State highways affected by the
30 toll roads; providing for the purchasing or condemnation of
1 land and procedure for determining damages in condemnation;
2 granting certain powers and authority to municipalities and
3 agencies of the Commonwealth to cooperate with the
4 commission; conferring powers and imposing duties on the
5 Department of Transportation; authorizing the Secretary of
6 Transportation to enter into negotiations with the United
7 States Department of Transportation, the Federal Highway
8 Administration or any other Federal agency regarding the
9 conversion of toll-free highways constructed in the
10 Commonwealth using Federal funds to toll roads; and
11 authorizing the Secretary of Transportation to enter into
12 agreements on behalf of the Commonwealth and the commission
13 with the United States Department of Transportation, the
14 Federal Highway Administration or any other Federal agency
15 with respect to obtaining Federal funds for resurfacing,
16 restoring, rehabilitating or reconstructing toll roads in
17 Pennsylvania," further providing for definitions and for
18 functions of the Pennsylvania Turnpike Commission; and
19 providing for enforcement related to electronic toll
20 collection.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The definition of "owner" in section 2 of the act
24 of September 30, 1985 (P.L.240, No.61), known as the Turnpike
25 Organization, Extension and Toll Road Conversion Act, is amended
26 and the section is amended by adding definitions to read:
27 Section 2. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
31 * * *
32 "Electronic toll collection." A system of collecting tolls
33 or charges that is capable of charging an account holder for the
34 prescribed toll by electronic transmission of information
35 between a device on a vehicle and a device in a toll lane at a
36 toll collection facility.
37 "Lessee." Any person, corporation, firm, partnership,
38 agency, association or organization that rents, leases or
39 contracts for the use of a vehicle and has exclusive use of the
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1 vehicle for any period of time.
2 "Lessor." Any person, corporation, firm, partnership,
3 agency, association or organization engaged in the business of
4 renting or leasing vehicles to any lessee under a rental
5 agreement, lease or other agreement under which the lessee has
6 the exclusive use of the vehicle for any period of time.
7 "Operator." An individual that uses or operates a vehicle
8 with or without the permission of the owner.
9 "Owner." [An] Except as provided in section 16.1(e), an
10 individual, copartnership, association or corporation having any
11 title or interest in any property rights, easements or
12 franchises authorized to be acquired by this act.
13 * * *
14 "Violation enforcement system." A vehicle sensor, placed in
15 a location to work in conjunction with a toll collection
16 facility, which automatically produces a videotape, or
17 photograph, microphotograph or other recorded image of the rear
18 portion of each vehicle at the time the vehicle is used or
19 operated in violation of the toll collection regulations. This
20 term includes any other technology which identifies a vehicle by
21 photographic, electronic or other method.
22 "Vehicle." As defined in 75 Pa.C.S. § 102 (relating to
23 definitions).
24 Section 2. Section 7 of the act is amended to read:
25 Section 7. Commission powers and duties enumerated; payment of
26 maintenance.
27 (a) Powers and duties of commission.--The commission is
28 authorized to:
29 (1) Maintain a principal office at such place as shall
30 be designated by the commission.
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1 (2) Contract and be contracted within its own name.
2 (3) Sue and be sued in its own name, plead and be
3 impleaded. Any and all actions at law or in equity against
4 the commission shall be brought only in the courts in which
5 such actions may be brought against the Commonwealth.
6 (4) Have an official seal.
7 (5) Make necessary rules and regulations for its own
8 government and in control of traffic.
9 (6) Acquire, hold, accept, own, use, hire, lease,
10 exchange, operate and dispose of personal property, real
11 property and interests in real property, and to make and
12 enter into all contracts and agreements necessary or
13 incidental to the performance of its duties and the execution
14 of its powers under this act, and to employ engineering,
15 traffic, architectural and construction experts and
16 inspectors, attorneys, and other employees as may in its
17 judgment be necessary, and fix their compensation.
18 (7) Provide grade separations, at its own expense, with
19 respect to all public roads, State highways and interstate
20 highways intersected by the turnpikes and to change and
21 adjust the lines and grades thereof so as to accommodate the
22 same to the design for such grade separation. The damages
23 incurred in changing and adjusting the lines and grades of
24 public roads, State highways and interstate highways shall be
25 ascertained and paid by the commission in accordance with the
26 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
27 Eminent Domain Code. If the commission shall find it
28 necessary to provide a grade separation or change the site of
29 any portion of any interstate highway, State highway or
30 public road, or vacate the same, it shall cause it to be
20000S1477B2177 - 4 -
1 reconstructed and restored forthwith, at the commission's own
2 proper expense, on the most favorable location and in as
3 satisfactory a manner as the original road, or vacate it, as
4 the case may be. The method of acquiring the right-of-way and
5 determining damages incurred in changing the location of or
6 vacating such road, State highway or interstate highway shall
7 be ascertained and paid for in accordance with the act of
8 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
9 Domain Code.
10 (8) Petition the court of common pleas of the county
11 wherein is situate any public road or part thereof affected
12 by the location therein of the turnpikes, for the vacation,
13 relocation or supply of the same, or any part thereof, with
14 the same force and effect as is now given by existing laws to
15 the inhabitants of any township or such county, and the
16 proceedings upon such petition, whether it be for the
17 appointment of viewers or otherwise, shall be the same as
18 provided by existing law for similar proceedings upon the
19 petitions.
20 (9) Have all of the powers and perform all the duties
21 prescribed by the act of May 21, 1937 (P.L.774, No.211),
22 referred to as the Pennsylvania Turnpike Commission Act.
23 (b) Maintenance to be paid out of tolls.--The turnpike
24 extensions and improvements and the conversion of toll-free
25 roads to toll roads when completed and open to traffic shall be
26 maintained and repaired by and under the control of the
27 commission. All charges and costs for the maintenance and
28 repairs actually expended by the commission shall be paid out of
29 tolls. The turnpike, the turnpike extensions and improvements
30 and the toll-free roads converted to toll roads shall also be
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1 policed and operated by a force of police, toll takers and other
2 operating employees as the commission may, in its discretion,
3 employ.
4 Section 3. The act is amended by adding a section to read:
5 Section 16.1. Electronic toll collection.
6 (a) Liability of owner.--
7 (1) Notwithstanding any other provision of law, if an
8 operator of a vehicle fails to pay the prescribed toll at any
9 location where tolls are collected by means of electronic
10 toll collection, the owner of the vehicle shall be liable to
11 the commission for failure of the operator of the vehicle to
12 comply with this section where the violation is evidenced by
13 information obtained from a violation enforcement system.
14 (2) If a violation of this section is committed, the
15 registration plate number of the vehicle, as recorded by a
16 violation enforcement system, shall establish an inference
17 that the owner of the vehicle was then operating the vehicle.
18 The inference shall be overcome if the owner does all of the
19 following:
20 (i) Testifies that the owner was not operating the
21 vehicle at the time of the violation.
22 (ii) Submits to an examination as to who at the time
23 was operating the vehicle.
24 (iii) Reveals the name and residence address of the
25 operator of the vehicle.
26 (3) If an action or proceeding is commenced in a county
27 other than that of the residence of the owner, a verified
28 written statement setting forth the facts prescribed in
29 paragraph (2)(i) through (iii) shall suffice to overcome the
30 inference.
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1 (4) If the inference is overcome, the operator of the
2 vehicle may be held liable under this section for failure to
3 pay the prescribed toll in the same manner as if the operator
4 were the owner of the vehicle.
5 (b) Imposition of liability.--The liability set forth in
6 subsection (a) shall be imposed upon an owner for a violation of
7 this section or the regulations of the commission occurring
8 within the territorial limits of this Commonwealth. If a
9 violation is committed as evidenced by a violation enforcement
10 system, the following shall apply:
11 (1) The commission or an authorized agent or employee
12 must prepare and mail a notice of violation:
13 (i) The notice of violation must be sent by first
14 class mail to each person alleged to be liable as an
15 owner for a violation of this section. The notice must be
16 mailed to the owner at the address shown on the vehicle
17 registration no later than 60 days after the alleged
18 conduct; except that, if the inference of operation is
19 overcome as prescribed in subsection (b) (A), the notice <--
20 must be mailed to the alleged operator of the vehicle no
21 later than 60 days after the date the inference is
22 overcome. Personal service shall not be required. A
23 manual or automatic record of mailing prepared in the
24 ordinary course of business shall be prima facie evidence
25 of the mailing of notice.
26 (ii) The notice must contain information advising
27 the person charged of the manner and time in which the
28 liability alleged in the notice may be contested. The
29 notice must also contain a warning advising the person
30 charged that failure to contest in the manner and time
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1 provided shall be deemed an admission of liability and
2 that a default judgment may be entered on the notice.
3 (2) If an owner of a vehicle or an owner who is a lessor
4 of a vehicle receives a notice of violation under this
5 section for any time period during which the vehicle was
6 reported to a police department as having been stolen, it
7 shall be a defense to the allegation of liability that the
8 vehicle had been reported to the police as having been stolen
9 prior to the time the violation occurred and that the vehicle
10 had not been recovered by the time of the violation. For
11 purposes of asserting the defense provided by this
12 subsection, it shall be sufficient that a certified copy of
13 the police report on the stolen vehicle be sent by first
14 class mail to the commission within 30 days after receiving
15 the original notice of violation. Failure to send the
16 information within the 30-day time limit shall render the
17 owner or lessor liable for the penalty prescribed by this
18 section.
19 (3) An owner who is a lessor of a vehicle as to which a
20 notice of violation was issued under paragraph (1) shall not
21 be liable for a violation if the owner sends to the
22 commission a copy of the rental, lease or other such contract
23 document covering the vehicle on the date of the violation,
24 with the name and address of the lessee clearly legible to
25 the commission, within 30 days after receiving the original
26 notice of violation. Failure to send such information within
27 the 30-day time limit shall render the lessor liable for the
28 penalty prescribed by this section. If the lessor complies
29 with the provisions of this section, the lessee of the
30 vehicle on the date of the violation shall be deemed to be
20000S1477B2177 - 8 -
1 the owner of the vehicle for purposes of this section and
2 shall be subject to liability for the penalty prescribed by
3 this subsection.
4 (4) Except as provided in paragraph (3), if a person <--
5 receives a notice of violation under this section, it shall
6 be a defense to an allegation of liability that the
7 individual who received the notice of violation pursuant to
8 this section was not the owner of the vehicle at the time the
9 violation occurred.
10 (5) (4) A certified report or a facsimile report of an
11 authorized agent or employee of the commission reporting a
12 violation of this section or regulations of the commission
13 based upon the recorded information obtained from a violation
14 enforcement system shall be prima facie evidence of the facts
15 contained in the report and shall be admissible as an
16 official record kept in the ordinary course of business in
17 any proceeding charging a violation of this section or the
18 toll collection regulations of the commission.
19 (6) (5) Notwithstanding any other provision of law, all <--
20 videotapes, photographs, microphotographs, other recorded
21 images, written records, reports or facsimiles prepared
22 pursuant to this section shall be for the exclusive use of
23 the commission, its authorized agents, its employees, and law
24 enforcement officials, for the purpose of discharging duties
25 pursuant to this section and the regulations of the
26 commission. The information shall not be deemed a public
27 record under the act of June 21, 1957 (P.L.390, No.212),
28 referred to as the Right-to-Know Law. The information shall
29 not be discoverable, by court order or otherwise; nor shall
30 it be offered in evidence in any action or proceeding which
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1 is not directly related to a violation of this section, the
2 regulations of the commission, or indemnification for
3 liability imposed pursuant to this section. The restrictions
4 set forth in this paragraph shall not be deemed to preclude a
5 court of competent jurisdiction from issuing an order
6 directing that the information be provided to law enforcement
7 officials if the information is reasonably described and is
8 requested solely in connection with a criminal law
9 enforcement action. The restrictions set forth in this
10 paragraph shall not be deemed to preclude the exchange of
11 such information between any entities with jurisdiction over
12 or which operate an electronic toll collection system in this
13 Commonwealth or any other jurisdiction, nor shall it be
14 deemed to prohibit the use of information exclusively for the
15 purpose of billing electronic toll collection account
16 holders, deducting toll charges from the account of an
17 account holder, enforcing toll collection laws and related
18 regulations, or enforcing the provisions of an account holder
19 agreement.
20 (7) (6) An imposition of liability under this section <--
21 must be based upon a preponderance of evidence. An imposition
22 of liability pursuant to this section shall not be deemed a
23 conviction of an owner and shall not be made part of the
24 motor vehicle operating record of the person upon whom such
25 liability is imposed, nor shall it be considered in the
26 provision of motor vehicle insurance coverage.
27 (8) (7) An owner who shall admit, be found liable, or <--
28 fail to respond to the notice of violation for a violation of
29 this section shall be civilly liable to the commission for
30 the amount of the toll evaded or attempted to be evaded, if
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1 such amount can be determined, and a reasonable
2 administrative fee not to exceed $35 per notification. If the
3 amount of the toll evaded or attempted to be evaded cannot be
4 determined, that amount shall be deemed to be equal to the
5 maximum toll from the farthest point of entry on the
6 Pennsylvania Turnpike to the actual point of exit.
7 (9) (8) Nothing in this section shall be construed to <--
8 limit the liability of the operator of a vehicle for any
9 violation of this section or of the regulations of the
10 commission.
11 (c) Placement of electronic toll collection device.--An
12 electronic toll collection device which is affixed to the front
13 windshield of a vehicle in accordance with the regulations of
14 the commission shall not be deemed to constitute a violation of
15 75 Pa.C.S. § 4524 (relating to windshield obstructions and
16 wipers).
17 (d) Privacy of electronic toll collection account holder
18 information.--Notwithstanding any other provision of law, all
19 information kept by the commission, its authorized agents or its
20 employees, which is related to the account of an electronic toll
21 collection system account holder shall be for the exclusive use
22 of the commission, its authorized agents, its employees, and law
23 enforcement officials, for the purpose of discharging their
24 duties pursuant to this section and the regulations of the
25 commission. This information includes names, addresses, account
26 numbers, account balances, personal financial information,
27 vehicle movement records or other information compiled from
28 transactions with such account holders. The information shall
29 not be deemed a public record under the Right-to-Know Law; nor
30 shall it be discoverable, by court order or otherwise, or be
20000S1477B2177 - 11 -
1 offered in evidence in any action or proceeding which is not
2 directly related to the discharge of duties under this section,
3 the regulations of the commission or a violation of an account
4 holder agreement. The restrictions set forth in this subsection
5 shall not be deemed to preclude a court of competent
6 jurisdiction from issuing an order directing that the
7 information be provided to law enforcement officials if the
8 information is reasonably described and is requested solely in
9 connection with a criminal law enforcement action. The
10 restriction set forth in this subsection shall not be deemed to
11 preclude the exchange of such information between any entities
12 with jurisdiction over or which operate an electronic toll
13 collection system in this Commonwealth or any other
14 jurisdiction, nor shall it be deemed to prohibit the use of the
15 information exclusively for the purpose of billing electronic
16 toll collection account holders, deducting toll charges from the
17 account of an account holder, enforcing toll collection laws and
18 related regulations or enforcing the provisions of an account
19 holder agreement.
20 (e) Definition.--As used in this section, the term "owner"
21 means any person, corporation, firm, partnership, agency,
22 association, organization, or lessor that, at the time a vehicle
23 is operated in violation of this section or regulations of the
24 commission, is the beneficial or equitable owner of the vehicle;
25 has title to the vehicle; is the registrant or co-registrant of
26 the vehicle registered with the Department of Transportation or
27 a comparable agency of another jurisdiction; or uses the vehicle
28 in its vehicle renting or leasing business. The term includes a
29 person entitled to the use and possession of a vehicle subject
30 to a security interest in another person.
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1 Section 4. This act shall take effect immediately.
F8L36VDL/20000S1477B2177 - 13 -