PRINTER'S NO. 3796
No. 2552 Session of 2006
INTRODUCED BY SCHRODER, BARRAR, BENNINGHOFF, BOYD, CLYMER,
CURRY, DENLINGER, GABIG, HARRIS, JOSEPHS, KAUFFMAN,
M. KELLER, LEH, R. MILLER, PALLONE, PYLE, RAPP, ROHRER,
SIPTROTH, SOLOBAY, SONNEY, E. Z. TAYLOR, WILT AND
CALTAGIRONE, APRIL 3, 2006
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 3, 2006
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for automated red light
3 enforcement systems in first class cities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3116(m) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3116. Automated red light enforcement systems in first class
9 cities.
10 * * *
11 (m) Hearing.--
12 (1) An owner to whom a notice of violation has been
13 issued may, within 30 days of the mailing of the notice,
14 request a hearing to contest the liability alleged in the
15 notice. A hearing request must be made by appearing before
16 the system administrator during regular office hours either
17 personally or by an authorized agent or by mailing a request
1 in writing.
2 (2) Upon receipt of a hearing request, the system
3 administrator shall in a timely manner schedule the matter
4 before a hearing officer. The hearing officer shall be
5 designated by the city of the first class. Written notice of
6 the date, time and place of hearing must be sent by first
7 class mail to the owner.
8 (3) The hearing shall be informal; the rules of evidence
9 shall not apply; and the decision of the hearing officer
10 shall be final, subject to the right of the owner to appeal
11 the decision to the traffic court.
12 (4) If the owner requests in writing that the decision
13 of the hearing officer be appealed to the traffic court, the
14 system administrator shall file the notice of violation and
15 supporting documents with the traffic court, which shall hear
16 and decide the matter de novo.
17 (5) In any case in which an owner successfully contests
18 liability under this section, the owner is entitled to
19 recover treble the amount of the fine imposed and reasonable
20 costs incurred.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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