PRINTER'S NO. 1959
No. 1559 Session of 2007
INTRODUCED BY KENNEY, DONATUCCI, J. TAYLOR, WATERS, OLIVER,
BISHOP, CRUZ, YOUNGBLOOD, M. O'BRIEN, W. KELLER, KORTZ AND
PAYNE, JUNE 18, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 18, 2007
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; and providing for
4 automated speed timing systems in first class cities.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3116(e) and (q) of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 3116. Automated red light enforcement systems in first class
10 cities.
11 * * *
12 (e) Limitations.--
13 (1) No automated red light enforcement system shall be
14 utilized in such a manner as to take a frontal view
15 photograph of the vehicle as evidence of having committed a
16 violation.
17 (2) Notwithstanding any other provision of law, camera
18 equipment deployed as part of an automated red light
1 enforcement system as provided in this section must be
2 incapable of automated or user-controlled remote intersection
3 surveillance by means of recorded video images. Photographs
4 collected as part of the automated red light enforcement
5 system [must be 35-millimeter film only,] must only record
6 traffic violations and may not be used for any other
7 surveillance purposes. The restrictions set forth in this
8 paragraph shall not be deemed to preclude a court of
9 competent jurisdiction from issuing an order directing that
10 the information be provided to law enforcement officials if
11 the information is reasonably described and is requested
12 solely in connection with a criminal law enforcement action.
13 (3) Notwithstanding any other provision of law,
14 information prepared under this section and information
15 relating to violations under this section which is kept by
16 the city of the first class, its authorized agents or its
17 employees, including photographs, written records, reports or
18 facsimiles, names, addresses and the number of violations
19 under this section, shall be for the exclusive use of the
20 city, its authorized agents, its employees and law
21 enforcement officials for the purpose of discharging their
22 duties under this section and under any ordinances and
23 resolutions of the city. The information shall not be deemed
24 a public record under the act of June 21, 1957 (P.L.390,
25 No.212), referred to as the Right-to-Know Law. The
26 information shall not be discoverable by court order or
27 otherwise, nor shall it be offered in evidence in any action
28 or proceeding which is not directly related to a violation of
29 this section or any ordinance or resolution of the city. The
30 restrictions set forth in this paragraph shall not be deemed
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1 to preclude a court of competent jurisdiction from issuing an
2 order directing that the information be provided to law
3 enforcement officials if the information is reasonably
4 described and is requested solely in connection with a
5 criminal law enforcement action.
6 (4) Photographic evidence obtained through the use of
7 automated red light enforcement systems deployed as a means
8 of promoting traffic safety in a city of the first class
9 shall be destroyed within one year of final disposition of
10 any recorded event. The city shall file notice with the
11 Department of State that the records have been destroyed in
12 accordance with this section.
13 (5) Notwithstanding any other provision of law,
14 registered vehicle owner information obtained as a result of
15 the operation of an automated red light enforcement system
16 under this section shall not be the property of the
17 manufacturer or vendor of the automated red light enforcement
18 system and may not be used for any purpose other than
19 prescribed in this section.
20 * * *
21 (q) Expiration.--This section shall expire December 31,
22 [2007] 2009.
23 Section 2. Title 75 is amended by adding a section to read:
24 § 3369. Automated speed timing systems in first class cities.
25 (a) General rule.--
26 (1) Except as otherwise provided in subsection (b), a
27 city of the first class, upon passage of an ordinance, is
28 authorized to enforce section 3362 (relating to maximum speed
29 limits) by recording violations using an automated speed
30 timing system approved by the department, which may include
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1 electronic devices such as radio-microwave devices, commonly
2 referred to as electronic speed meters or radar, restricted
3 to use by members of the Pennsylvania State Police pursuant
4 to section 3368(c) (relating to speed timing devices).
5 (2) Except as otherwise provided in subsection (b), this
6 section shall only be applicable at State and local highways
7 in a city of the first class agreed upon by the system
8 administrator and the secretary.
9 (b) Emergency implementation.--The system administrator and
10 the secretary shall implement an automated speed timing system
11 at locations deemed necessary for public safety on U.S. Route 1
12 (Roosevelt Boulevard) between Broad Street and the Philadelphia
13 County line shared with Bucks County, State Route 3025
14 (Lindbergh Boulevard) and State Route 3019 (Passyunk Avenue)
15 without need of an ordinance under subsection (a)(1).
16 (c) Owner liability.--For each violation pursuant to this
17 section, the owner of the vehicle shall be liable for the
18 penalty imposed unless the owner is convicted of the same
19 violation under another section of this title or has a defense
20 under subsection (g).
21 (d) Certificate as evidence.--A certificate, or a facsimile
22 of a certificate, based upon inspection of photographs produced
23 by an automated speed timing system and sworn to or affirmed by
24 a police officer employed by a city of the first class or a
25 member of the Pennsylvania State Police shall be prima facie
26 evidence of the facts contained in it. The system administrator
27 must include written documentation that the automated speed
28 timing system was operating correctly at the time of the alleged
29 violation. A photograph evidencing a violation of section 3362
30 shall be admissible in any judicial or administrative proceeding
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1 to adjudicate the liability for the violation.
2 (e) Penalty.--
3 (1) The penalty for a violation under subsections (a)
4 and (b) shall be a fine of:
5 (i) $125, if the speed recorded is six to ten miles
6 per hour in excess of the legal speed limit.
7 (ii) $150, if the speed recorded is 11 to 15 miles
8 per hour in excess of the legal speed limit.
9 (iii) $200, if the speed recorded is 16 to 20 miles
10 per hour in excess of the legal speed limit.
11 (iv) $300, if the speed recorded is 21 to 25 miles
12 per hour in excess of the legal speed limit.
13 (v) $400, if the speed recorded is 26 to 30 miles
14 per hour in excess of the legal speed limit.
15 (vi) $500, if the speed recorded is 31 or more miles
16 per hour in excess of the legal speed limit.
17 (2) A fine is not authorized during the first 30 days of
18 operation of the automated system at each location.
19 (3) A warning may be sent to the violator under
20 paragraph (2).
21 (4) A penalty imposed under this section shall not be
22 deemed a criminal conviction and shall not be made part of
23 the operating record under section 1535 (relating to schedule
24 of convictions and points) of the individual upon whom the
25 penalty is imposed, nor may the imposition of the penalty be
26 subject to merit rating for insurance purposes.
27 (5) No surcharge points may be imposed in the provision
28 of motor vehicle insurance coverage. Fines collected under
29 this section shall not be subject to 42 Pa.C.S. § 3571
30 (relating to Commonwealth portion of fines, etc.) or 3573
20070H1559B1959 - 5 -
1 (relating to municipal corporation portion of fines, etc.).
2 (6) No person may be found liable upon evidence obtained
3 through the use of devices authorized by this section unless
4 the speed recorded is six or more miles per hour in excess of
5 the legal speed limit.
6 (f) Enforcement.--
7 (1) As part of a system to collect fines issued pursuant
8 to this section and remaining in an unpaid or uncontested
9 status after the applicable due date, the system
10 administrator may assess reasonable fees, including late
11 fees, as follows:
12 (i) $100 for fines unpaid or uncontested for a
13 period of 15 days after the date listed on the citation.
14 (ii) $125 for fines unpaid or uncontested for a
15 period of 30 days after the date listed on the citation.
16 (iii) $150 for fines unpaid or uncontested for a
17 period of 45 days after the date listed on the citation.
18 (iv) $200 for fines unpaid or uncontested for a
19 period of 60 days after the date listed on the citation.
20 (2) In addition to the penalties otherwise provided in
21 this section, fines issued pursuant to this section and
22 remaining in an unpaid or uncontested status for 30 or more
23 days after the applicable due date may subject the vehicle or
24 combination to immobilization and impoundment by the system
25 administrator. In the event of such immobilization and
26 impoundment the system administrator shall tow and store the
27 vehicle or combination and provide notice by first class
28 mail, proof of mailing, of the towing, storage and location
29 of the vehicle or combination to the owner and the lienholder
30 of the vehicle or combination using a reasonably available
20070H1559B1959 - 6 -
1 State database. The owner or lienholder of any vehicle or
2 combination which has been towed and stored under this
3 section may obtain possession of the vehicle or combination
4 by:
5 (i) furnishing proof of valid registration and
6 financial responsibility; and
7 (ii) paying all fines and costs associated with the
8 towing and storage of the vehicle or combination and
9 fines associated with citations issued pursuant to this
10 section or otherwise due to the system administrator or
11 City of Philadelphia related to violations of any local
12 parking regulation or ordinance or applicable section of
13 this chapter or Chapter 61 (relating to powers of
14 department and local authorities).
15 (3) Any vehicle or combination not recovered under this
16 subsection may be sold as an unclaimed vehicle, combination
17 or load under section 6310 (relating to disposition of
18 impounded vehicles, combinations and loads).
19 (g) Limitations.--
20 (1) Notwithstanding any other provision of law, camera
21 equipment deployed as part of an automated speed timing
22 system as provided in this section must be incapable of
23 automated or user-controlled remote intersection surveillance
24 by means of recorded video images. Photographs collected as
25 part of the automated speed timing system must only record
26 traffic violations and may not be used for any other
27 surveillance purposes. The restrictions set forth in this
28 paragraph 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
20070H1559B1959 - 7 -
1 the information is reasonably described and is requested
2 solely in connection with a criminal law enforcement action.
3 (2) Notwithstanding any other provision of law,
4 information prepared under this section and information
5 relating to violations under this section which is kept by
6 the city of the first class, its authorized agents or its
7 employees or the system administrator, including photographs,
8 written records, reports or facsimiles, names, addresses and
9 the number of violations under this section, shall be for the
10 exclusive use of the city, its authorized agents, its
11 employees and law enforcement officials for the purpose of
12 discharging their duties under this section and under any
13 ordinances and resolutions of the city. The information shall
14 not 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,
16 except as to statistical information related to the operation
17 of the automated speed timing system. The information shall
18 not be discoverable by court order or otherwise, nor shall it
19 be offered in evidence in any action or proceeding which is
20 not directly related to a violation of this section or any
21 ordinance or resolution of the city.
22 (3) Photographic evidence obtained through the use of
23 automated speed timing systems deployed as a means of
24 promoting traffic safety in a city of the first class shall
25 be destroyed within one year of final disposition of any
26 recorded event. The city or the system administrator, as the
27 case may be, shall file notice with the Department of State
28 that the records have been destroyed in accordance with this
29 section.
30 (4) Notwithstanding any other provision of law,
20070H1559B1959 - 8 -
1 registered vehicle owner information obtained as a result of
2 the operation of an automated speed timing system under this
3 section shall not be the property of the manufacturer or
4 vendor of the automated speed timing system and may not be
5 used for any purpose other than prescribed in this section.
6 (h) Defenses.--
7 (1) It shall be a defense to a violation under this
8 section that the person named in the notice of the violation
9 was not operating the vehicle at the time of the violation.
10 The owner may be required to submit evidence that the owner
11 was not the driver at the time of the alleged violation. The
12 city of the first class may not require the owner of the
13 vehicle to disclose the identity of the operator of the
14 vehicle at the time of the violation.
15 (2) If an owner receives a notice of violation pursuant
16 to this section of a time period during which the vehicle was
17 reported to a police department of any state or municipality
18 as having been stolen, it shall be a defense to a violation
19 pursuant to this section that the vehicle has been reported
20 to a police department as stolen prior to the time the
21 violation occurred and had not been recovered prior to that
22 time.
23 (3) It shall be a defense to a violation under this
24 section that the person receiving the notice of violation was
25 not the owner of the vehicle at the time of the offense.
26 (i) Department approval.--No automated speed timing system
27 may be used without the approval of the department, which shall
28 have the authority to promulgate regulations for the
29 certification and use of such systems.
30 (j) Postings.--An automated speed timing system may not be
20070H1559B1959 - 9 -
1 used unless there is posted an appropriate sign in a conspicuous
2 place before the area in which the automated speed timing system
3 is to be used notifying the public that an automated speed
4 timing system is in use immediately ahead.
5 (k) System administrator.--The Philadelphia Parking
6 Authority shall be the system administrator as to any automated
7 speed timing system implemented in a city of the first class.
8 The following apply:
9 (1) The system administrator may hire and designate
10 personnel as necessary or contract for services to implement
11 this section.
12 (2) The system administrator shall process fines issued
13 pursuant to this section.
14 (3) The system administrator shall file an annual report
15 to the chairman and the minority chairman of the
16 Transportation Committee of the Senate and the chairman and
17 minority chairman of the Transportation Committee of the
18 House of Representatives. The report shall include for the
19 prior year:
20 (i) The number of violations and fines issued.
21 (ii) A compilation of fines paid and outstanding.
22 (iii) The amount of money paid to a vendor or
23 manufacturer under this section.
24 (l) Notice to owner.--
25 (1) The system administrator shall prepare a notice of
26 violation to the registered owner of a vehicle identified in
27 a photograph produced by an automated speed timing system as
28 evidence of a violation of the posted speed limit. The
29 issuance of the notice of violation must be completed by a
30 police officer. The issuance of a violation pursuant to this
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1 section by a police officer shall not be deemed a violation
2 of section 3368(c). The notice of violation shall have
3 attached to it a copy of the recorded image showing the
4 vehicle; the registration number and state of issuance of the
5 vehicle registration; the date, time and place of the alleged
6 violation; that the violation charged is under this section;
7 and instructions for return of the notice of violation. The
8 notice of violation must be mailed within 30 days after the
9 commission of the violation or within 30 days after the
10 discovery of the identity of the registered owner, whichever
11 is later, and not thereafter to the address of the registered
12 owner as listed in the vehicle registration records of the
13 applicable jurisdiction. In any event, a notice of violation
14 under this section must be provided to an owner within 90
15 days of the commission of the offense. The text of the notice
16 must be as follows:
17 This notice shall be returned personally, by mail or
18 by an agent duly authorized in writing, within 30
19 days of issuance. A hearing may be obtained upon the
20 written request of the registered owner.
21 (2) In the case of a violation involving a motor vehicle
22 registered under the laws of this Commonwealth, the notice of
23 violation must be mailed within 30 days after the commission
24 of the violation or within 30 days after the discovery of the
25 identity of the registered owner, whichever is later, and not
26 thereafter to the address of the registered owner as listed
27 in the records of the department. In the case of motor
28 vehicles registered in jurisdictions other than this
29 Commonwealth, the notice of violation must be mailed within
30 30 days after the discovery of the identity of the registered
20070H1559B1959 - 11 -
1 owner, whichever is later, and not thereafter to the address
2 of the registered owner as listed in the records of the
3 official in the jurisdiction having charge of the
4 registration of the vehicle. A notice of violation under this
5 section must be provided to an owner within 90 days of the
6 commission of the offense.
7 (m) Mailing of notice and records.--Notice of violation must
8 be sent by first class mail. A manual or automatic record of
9 mailing prepared by the system administrator in the ordinary
10 course of business shall be prima facie evidence of mailing and
11 shall be admissible in any judicial or administrative proceeding
12 as to the facts contained in it.
13 (n) Payment of fee.--
14 (1) An owner to whom a notice of violation has been
15 issued may admit responsibility for the violation and pay the
16 fine provided in the notice.
17 (2) Payment must be made personally, through an
18 authorized agent or by mailing both payment and the notice of
19 violation to the system administrator. Payment by mail must
20 be made only by money order, credit card or check made
21 payable to the system administrator.
22 (3) The system administrator shall remit the fine, less
23 the operational and maintenance costs of the system
24 administrator and, if necessary, the city, necessitated by
25 this section, to the department for deposit into the Motor
26 License Fund to be used for safety improvements to Roosevelt
27 Boulevard by the department or the City of Philadelphia as
28 determined by the department.
29 (4) Payment of the established fine and applicable
30 penalties shall operate as a final disposition of the case.
20070H1559B1959 - 12 -
1 (o) Hearing.--
2 (1) An owner to whom a notice of violation has been
3 issued may, within 30 days of the mailing of the notice,
4 request a hearing to contest the liability alleged in the
5 notice. A hearing request must be made by appearing before
6 the system administrator during regular office hours either
7 personally or by an authorized agent or by mailing a request
8 in writing.
9 (2) Upon receipt of a hearing request, the system
10 administrator shall in a timely manner schedule the matter
11 before a hearing officer. In the event the hearing relates to
12 a violation issued pursuant to this section and the city of
13 the first class has not passed an ordinance pursuant to
14 subsection (a), the hearing officer shall be appointed by the
15 system administrator; otherwise the hearing officer shall be
16 designated by the city of the first class. Written notice of
17 the date, time and place of hearing must be sent by first
18 class mail to the owner.
19 (3) The system administrator shall be considered a local
20 agency for the purposes of 2 Pa.C.S. Chs. 5 (relating to
21 practice and procedure) and 7 (relating to judicial review),
22 except that the provisions of 2 Pa.C.S. § 555 (relating to
23 contents and service of adjudications) requiring that hearing
24 determinations contain findings and reasons for the
25 determination shall not be applicable. The system
26 administrator and a city of the first class shall not be
27 required to issue a formal decision containing findings and
28 reasons for the hearing decision.
29 (4) The hearing shall be informal; the rules of evidence
30 shall not apply; and the decision of the hearing officer
20070H1559B1959 - 13 -
1 shall be final, subject to the right of the owner to appeal
2 the decision to the traffic court.
3 (5) If the owner requests in writing that the decision
4 of the hearing officer be appealed to the traffic court, the
5 system administrator shall file the notice of violation and
6 supporting documents with the traffic court, which shall hear
7 and decide the matter de novo.
8 (p) Compensation to manufacturer or vendor.--If an automated
9 speed timing system is deployed in a city of the first class as
10 a means of promoting traffic safety and the enforcement of the
11 traffic laws of this Commonwealth or the city, the compensation
12 paid to the manufacturer or vendor of the automated speed timing
13 system may not be based upon the number of traffic citations
14 issued or a portion or percentage of the fine generated by the
15 citations. The compensation paid to the manufacturer or vendor
16 of the equipment shall be based upon the value of the equipment
17 and the services provided or rendered in support of the
18 automated speed timing system.
19 (q) Revenue limitation.--A city of the first class may not
20 collect an amount equal to or greater than 5% of its annual
21 budget from the collection of revenue from the issuance and
22 payment of violations under this section.
23 (r) Expiration.--This section shall expire December 31,
24 2012.
25 Section 3. This act shall take effect immediately.
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