PRIOR PRINTER'S NO. 2224 PRINTER'S NO. 2776
No. 1690 Session of 2007
INTRODUCED BY PAYTON, M. O'BRIEN, J. TAYLOR, PERZEL, CREIGHTON,
HENNESSEY, HERSHEY, JAMES, KENNEY, KIRKLAND, KORTZ, LENTZ,
MANDERINO, R. MILLER, MURT, PAYNE, SCAVELLO, SIPTROTH AND
YOUNGBLOOD, JULY 3, 2007
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 30, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for expiration date for automated <--
3 red light 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(q) 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 (q) Expiration.--This section shall expire December 31,
12 [2007] 2010.
13 SECTION 1. SECTION 3116 OF TITLE 75 OF THE PENNSYLVANIA <--
14 CONSOLIDATED STATUTES IS AMENDED TO READ:
15 § 3116. AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS
16 CITIES.
17 (A) GENERAL RULE.--
1 (1) A CITY OF THE FIRST CLASS, UPON PASSAGE OF AN
2 ORDINANCE, IS AUTHORIZED TO ENFORCE SECTION 3112(A)(3)
3 (RELATING TO TRAFFIC-CONTROL SIGNALS) BY RECORDING VIOLATIONS
4 USING AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM APPROVED BY
5 THE DEPARTMENT.
6 (2) THIS SECTION SHALL ONLY BE APPLICABLE AT
7 INTERSECTIONS IN THE CITY OF THE FIRST CLASS AGREED UPON BY
8 THE SYSTEM ADMINISTRATOR AND THE SECRETARY OF TRANSPORTATION
9 WHO SHALL CONSIDER USING THE AUTOMATED RED LIGHT ENFORCEMENT
10 SYSTEM AT THE FOLLOWING INTERSECTIONS:
11 (I) U.S. ROUTE 1 (ROOSEVELT BOULEVARD) AT GRANT
12 AVENUE, AT RED LION ROAD AND AT COTTMAN STREET.
13 (II) KENSINGTON AVENUE AT CLEARFIELD STREET.
14 (III) RICHMOND STREET AT ALLEGHENY AVENUE AND AT
15 CASTOR AVENUE.
16 (IV) ARAMINGO AVENUE AT YORK STREET.
17 (V) THOMPSON STREET AT LEHIGH AVENUE.
18 (VI) BROAD STREET AT WASHINGTON AVENUE.
19 (B) OWNER LIABILITY.--FOR EACH VIOLATION PURSUANT TO THIS
20 SECTION, THE OWNER OF THE VEHICLE SHALL BE LIABLE FOR THE
21 PENALTY IMPOSED UNLESS THE OWNER IS CONVICTED OF THE SAME
22 VIOLATION UNDER ANOTHER SECTION OF THIS TITLE OR HAS A DEFENSE
23 UNDER SUBSECTION (F).
24 (C) CERTIFICATE AS EVIDENCE.--A CERTIFICATE, OR A FACSIMILE
25 OF A CERTIFICATE, BASED UPON INSPECTION OF PHOTOGRAPHS OR
26 DIGITAL IMAGES PRODUCED BY AN AUTOMATED RED LIGHT ENFORCEMENT
27 SYSTEM AND SWORN TO OR AFFIRMED BY A POLICE OFFICER EMPLOYED BY
28 THE CITY OF THE FIRST CLASS SHALL BE PRIMA FACIE EVIDENCE OF THE
29 FACTS CONTAINED IN IT. THE CITY MUST INCLUDE WRITTEN
30 DOCUMENTATION THAT THE AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
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1 WAS OPERATING CORRECTLY AT THE TIME OF THE ALLEGED VIOLATION. A
2 PHOTOGRAPH EVIDENCING A VIOLATION OF SECTION 3112(A)(3) SHALL BE
3 ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING TO
4 ADJUDICATE THE LIABILITY FOR THE VIOLATION.
5 (D) PENALTY.--
6 (1) THE PENALTY FOR A VIOLATION UNDER SUBSECTION (A)
7 SHALL BE A FINE OF $100 UNLESS A LESSER AMOUNT IS SET BY
8 ORDINANCE.
9 (2) A FINE IS NOT AUTHORIZED FOR A VIOLATION OF THIS
10 SECTION IF ANY OF THE FOLLOWING APPLY:
11 (I) THE INTERSECTION IS BEING MANUALLY CONTROLLED.
12 (II) THE SIGNAL IS IN THE MODE DESCRIBED IN SECTION
13 3114 (RELATING TO FLASHING SIGNALS).
14 (3) A FINE IS NOT AUTHORIZED DURING:
15 (I) THE FIRST 120 DAYS OF OPERATION OF THE AUTOMATED
16 SYSTEM AT THE INITIAL INTERSECTION.
17 (II) THE FIRST 60 DAYS FOR EACH ADDITIONAL
18 INTERSECTION SELECTED FOR THE AUTOMATED SYSTEM.
19 (3.1) A WARNING MAY BE SENT TO THE VIOLATOR UNDER
20 PARAGRAPH (3).
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
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1 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.).
2 (E) LIMITATIONS.--
3 (1) NO AUTOMATED RED LIGHT ENFORCEMENT SYSTEM SHALL BE
4 UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW
5 PHOTOGRAPH OF THE VEHICLE AS EVIDENCE OF HAVING COMMITTED A
6 VIOLATION.
7 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAMERA
8 EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED RED LIGHT
9 ENFORCEMENT SYSTEM AS PROVIDED IN THIS SECTION MUST BE
10 INCAPABLE OF AUTOMATED OR USER-CONTROLLED REMOTE INTERSECTION
11 SURVEILLANCE BY MEANS OF RECORDED VIDEO IMAGES. PHOTOGRAPHS
12 OR DIGITAL IMAGES COLLECTED AS PART OF THE AUTOMATED RED
13 LIGHT ENFORCEMENT SYSTEM [MUST BE 35-MILLIMETER FILM ONLY,]
14 MUST ONLY RECORD TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR
15 ANY OTHER SURVEILLANCE PURPOSES. THE RESTRICTIONS SET FORTH
16 IN THIS PARAGRAPH SHALL NOT BE DEEMED TO PRECLUDE A COURT OF
17 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING THAT
18 THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT OFFICIALS IF
19 THE INFORMATION IS REASONABLY DESCRIBED AND IS REQUESTED
20 SOLELY IN CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.
21 (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
22 INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION
23 RELATING TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY
24 THE CITY OF THE FIRST CLASS, ITS AUTHORIZED AGENTS OR ITS
25 EMPLOYEES, INCLUDING PHOTOGRAPHS, DIGITAL IMAGES, WRITTEN
26 RECORDS, REPORTS OR FACSIMILES, NAMES, ADDRESSES AND THE
27 NUMBER OF VIOLATIONS UNDER THIS SECTION, SHALL BE FOR THE
28 EXCLUSIVE USE OF THE CITY, ITS AUTHORIZED AGENTS, ITS
29 EMPLOYEES AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF
30 DISCHARGING THEIR DUTIES UNDER THIS SECTION AND UNDER ANY
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1 ORDINANCES AND RESOLUTIONS OF THE CITY. THE INFORMATION SHALL
2 NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT OF JUNE 21, 1957
3 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW,
4 EXCEPT AS TO STATISTICAL INFORMATION RELATED TO THE OPERATION
5 OF THE AUTOMATED RED LIGHT ENFORCEMENT SYSTEM. THE
6 INFORMATION SHALL NOT BE DISCOVERABLE BY COURT ORDER OR
7 OTHERWISE, NOR SHALL IT BE OFFERED IN EVIDENCE IN ANY ACTION
8 OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO A VIOLATION OF
9 THIS SECTION OR ANY ORDINANCE OR RESOLUTION OF THE CITY. THE
10 RESTRICTIONS SET FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED
11 TO PRECLUDE A COURT OF COMPETENT JURISDICTION FROM ISSUING AN
12 ORDER DIRECTING THAT THE INFORMATION BE PROVIDED TO LAW
13 ENFORCEMENT OFFICIALS IF THE INFORMATION IS REASONABLY
14 DESCRIBED AND IS REQUESTED SOLELY IN CONNECTION WITH A
15 CRIMINAL LAW ENFORCEMENT ACTION.
16 (4) PHOTOGRAPHIC EVIDENCE OR DIGITAL IMAGES OBTAINED
17 THROUGH THE USE OF AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS
18 DEPLOYED AS A MEANS OF PROMOTING TRAFFIC SAFETY IN A CITY OF
19 THE FIRST CLASS SHALL BE DESTROYED WITHIN ONE YEAR OF FINAL
20 DISPOSITION OF ANY RECORDED EVENT. THE CITY SHALL FILE NOTICE
21 WITH THE DEPARTMENT OF STATE THAT THE RECORDS HAVE BEEN
22 DESTROYED IN ACCORDANCE WITH THIS SECTION.
23 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
24 REGISTERED VEHICLE OWNER INFORMATION OBTAINED AS A RESULT OF
25 THE OPERATION OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM
26 UNDER THIS SECTION SHALL NOT BE THE PROPERTY OF THE
27 MANUFACTURER OR VENDOR OF THE AUTOMATED RED LIGHT ENFORCEMENT
28 SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN
29 PRESCRIBED IN THIS SECTION.
30 (F) DEFENSES.--
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1 (1) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
2 SECTION THAT THE PERSON NAMED IN THE NOTICE OF THE VIOLATION
3 WAS NOT OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION.
4 THE OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT THE OWNER
5 WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED VIOLATION. THE
6 CITY OF THE FIRST CLASS MAY NOT REQUIRE THE OWNER OF THE
7 VEHICLE TO DISCLOSE THE IDENTITY OF THE OPERATOR OF THE
8 VEHICLE AT THE TIME OF THE VIOLATION.
9 (2) IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT
10 TO THIS SECTION OF A TIME PERIOD DURING WHICH THE VEHICLE WAS
11 REPORTED TO A POLICE DEPARTMENT OF ANY STATE OR MUNICIPALITY
12 AS HAVING BEEN STOLEN, IT SHALL BE A DEFENSE TO A VIOLATION
13 PURSUANT TO THIS SECTION THAT THE VEHICLE HAS BEEN REPORTED
14 TO A POLICE DEPARTMENT AS STOLEN PRIOR TO THE TIME THE
15 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED PRIOR TO THAT
16 TIME.
17 (3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
18 SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS
19 NOT THE OWNER OF THE VEHICLE AT THE TIME OF THE OFFENSE.
20 (G) DEPARTMENT APPROVAL.--NO AUTOMATED RED LIGHT ENFORCEMENT
21 SYSTEM MAY BE USED WITHOUT THE APPROVAL OF THE DEPARTMENT, WHICH
22 SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS FOR THE
23 CERTIFICATION AND USE OF SUCH SYSTEMS.
24 (H) DUTY OF CITY.--IF A CITY OF THE FIRST CLASS ELECTS TO
25 IMPLEMENT THIS SECTION, THE FOLLOWING PROVISIONS SHALL APPLY:
26 (1) THE CITY MAY NOT USE AN AUTOMATED RED LIGHT
27 ENFORCEMENT SYSTEM UNLESS THERE IS POSTED AN APPROPRIATE SIGN
28 IN A CONSPICUOUS PLACE BEFORE THE AREA IN WHICH THE AUTOMATED
29 RED LIGHT ENFORCEMENT DEVICE IS TO BE USED NOTIFYING THE
30 PUBLIC THAT AN AUTOMATED RED LIGHT ENFORCEMENT DEVICE IS IN
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1 USE IMMEDIATELY AHEAD.
2 (2) THE CITY SHALL DESIGNATE OR APPOINT THE PHILADELPHIA
3 PARKING AUTHORITY AS THE SYSTEM ADMINISTRATOR TO SUPERVISE
4 AND COORDINATE THE ADMINISTRATION OF NOTICES OF VIOLATION
5 ISSUED UNDER THIS SECTION.
6 (3) THE SYSTEM ADMINISTRATOR SHALL PREPARE A NOTICE OF
7 VIOLATION TO THE REGISTERED OWNER OF A VEHICLE IDENTIFIED IN
8 A PHOTOGRAPH PRODUCED BY AN AUTOMATED RED LIGHT ENFORCEMENT
9 SYSTEM AS EVIDENCE OF A VIOLATION OF SECTION 3112(A)(3). THE
10 ISSUANCE OF THE NOTICE OF VIOLATION MUST BE DONE BY A POLICE
11 OFFICER EMPLOYED BY THE POLICE DEPARTMENT WITH PRIMARY
12 JURISDICTION OVER THE AREA WHERE THE VIOLATION OCCURRED. THE
13 NOTICE OF VIOLATION SHALL HAVE ATTACHED TO IT A COPY OF THE
14 RECORDED IMAGE SHOWING THE VEHICLE; THE REGISTRATION NUMBER
15 AND STATE OF ISSUANCE OF THE VEHICLE REGISTRATION; THE DATE,
16 TIME AND PLACE OF THE ALLEGED VIOLATION; THAT THE VIOLATION
17 CHARGED IS UNDER SECTION 3112(A)(3); AND INSTRUCTIONS FOR
18 RETURN OF THE NOTICE OF VIOLATION. THE TEXT OF THE NOTICE
19 MUST BE AS FOLLOWS:
20 THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL OR BY
21 AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30 DAYS OF
22 ISSUANCE. A HEARING MAY BE OBTAINED UPON THE WRITTEN
23 REQUEST OF THE REGISTERED OWNER.
24 (I) SYSTEM ADMINISTRATOR.--
25 (1) THE SYSTEM ADMINISTRATOR MAY HIRE AND DESIGNATE
26 PERSONNEL AS NECESSARY OR CONTRACT FOR SERVICES TO IMPLEMENT
27 THIS SECTION. CONTRACTS FOR SERVICES UNDER THIS CHAPTER SHALL
28 BE AWARDED IN A MANNER CONSISTENT WITH THE PROVISIONS OF 62
29 PA.C.S. PT. I (RELATING TO COMMONWEALTH PROCUREMENT CODE).
30 (2) THE SYSTEM ADMINISTRATOR SHALL PROCESS FINES [UNDER
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1 SUBSECTION (1)] ISSUED PURSUANT TO THIS SECTION.
2 (3) THE SYSTEM ADMINISTRATOR SHALL [FILE] SUBMIT AN
3 ANNUAL REPORT [TO THE CHAIRMAN AND THE MINORITY CHAIRMAN OF
4 THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRMAN
5 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE
6 HOUSE OF REPRESENTATIVES.] TO THE GENERAL ASSEMBLY BY
7 SEPTEMBER 30. THE REPORT SHALL BE SUBMITTED TO THE CHAIRMAN
8 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE
9 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
10 TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE
11 REPORT SHALL BE POSTED BY THE SYSTEM ADMINISTRATOR ON ITS
12 INTERNET WEBSITE. THE REPORT SHALL INCLUDE FOR THE PRIOR
13 YEAR:
14 (I) THE NUMBER OF VIOLATIONS AND FINES ISSUED.
15 (II) A COMPILATION OF FINES PAID AND OUTSTANDING.
16 (III) THE AMOUNT OF MONEY PAID TO A VENDOR OR
17 MANUFACTURER UNDER THIS SECTION.
18 (IV) A LIST OF CONTRACTS, THE DOLLAR AMOUNT, THE
19 NAME, GENERAL LOCATION, AND IN THE EVENT THAT A TRADE OR
20 CORPORATE NAME IS USED, LIST THE TRADE, NAME AND
21 PRINCIPALS. IN THE EVENT CONSULTANT SERVICES ARE
22 UTILIZED, PROVIDE THE PURPOSE OF THE CONSULTING SERVICES
23 INCLUDING THE DOLLAR AMOUNT AND DURATION OF SUCH
24 SERVICES.
25 (V) THE STATUS OF ANY PENDING LITIGATION RELATED TO
26 THIS SECTION THAT HAS THE POTENTIAL TO IMPACT THE SYSTEM
27 ADMINISTRATOR'S FISCAL POSITION ALONG WITH A BRIEF
28 DESCRIPTION OF EACH CASE.
29 (4) THE SYSTEM ADMINISTRATOR SHALL CONTRACT ANNUALLY FOR
30 THE SERVICES OF ONE OR MORE CERTIFIED PUBLIC ACCOUNTANTS OR
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1 CERTIFIED PUBLIC ACCOUNTING FIRMS.
2 (J) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A
3 MOTOR VEHICLE REGISTERED UNDER THE LAWS OF THIS COMMONWEALTH,
4 THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE
5 COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS AFTER THE
6 DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER, WHICHEVER IS
7 LATER, AND NOT THEREAFTER TO THE ADDRESS OF THE REGISTERED OWNER
8 AS LISTED IN THE RECORDS OF THE DEPARTMENT. IN THE CASE OF MOTOR
9 VEHICLES REGISTERED IN JURISDICTIONS OTHER THAN THIS
10 COMMONWEALTH, THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30
11 DAYS AFTER THE DISCOVERY OF THE IDENTITY OF THE REGISTERED
12 OWNER, WHICHEVER IS LATER, AND NOT THEREAFTER TO THE ADDRESS OF
13 THE REGISTERED OWNER AS LISTED IN THE RECORDS OF THE OFFICIAL IN
14 THE JURISDICTION HAVING CHARGE OF THE REGISTRATION OF THE
15 VEHICLE. A NOTICE OF VIOLATION UNDER THIS SECTION MUST BE
16 PROVIDED TO AN OWNER WITHIN 90 DAYS OF THE COMMISSION OF THE
17 OFFENSE.
18 (K) MAILING OF NOTICE AND RECORDS.--NOTICE OF VIOLATION MUST
19 BE SENT BY FIRST CLASS MAIL. A MANUAL OR AUTOMATIC RECORD OF
20 MAILING PREPARED BY THE SYSTEM ADMINISTRATOR IN THE ORDINARY
21 COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF MAILING AND
22 SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING
23 AS TO THE FACTS CONTAINED IN IT.
24 (L) PAYMENT OF FINE.--
25 (1) AN OWNER TO WHOM A NOTICE OF VIOLATION HAS BEEN
26 ISSUED MAY ADMIT RESPONSIBILITY FOR THE VIOLATION AND PAY THE
27 FINE PROVIDED IN THE NOTICE.
28 (2) PAYMENT MUST BE MADE PERSONALLY, THROUGH AN
29 AUTHORIZED AGENT OR BY MAILING BOTH PAYMENT AND THE NOTICE OF
30 VIOLATION TO THE SYSTEM ADMINISTRATOR. PAYMENT BY MAIL MUST
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1 BE MADE ONLY BY MONEY ORDER, CREDIT CARD OR CHECK MADE
2 PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM ADMINISTRATOR
3 SHALL REMIT THE FINE, LESS THE SYSTEM ADMINISTRATOR'S
4 OPERATION AND MAINTENANCE COSTS NECESSITATED BY THIS SECTION,
5 TO THE DEPARTMENT FOR DEPOSIT INTO THE MOTOR LICENSE FUND.
6 FINES DEPOSITED IN THE FUND UNDER THIS PARAGRAPH SHALL BE
7 USED BY THE DEPARTMENT TO DEVELOP, BY REGULATION, A
8 TRANSPORTATION ENHANCEMENTS GRANT PROGRAM.
9 (3) PAYMENT OF THE ESTABLISHED FINE AND APPLICABLE
10 PENALTIES SHALL OPERATE AS A FINAL DISPOSITION OF THE CASE.
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
18 IN WRITING.
19 (2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM
20 ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER
21 BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL BE
22 DESIGNATED BY THE CITY OF THE FIRST CLASS. WRITTEN NOTICE OF
23 THE DATE, TIME AND PLACE OF HEARING MUST BE SENT BY FIRST
24 CLASS MAIL TO THE OWNER.
25 (3) THE HEARING SHALL BE INFORMAL; THE RULES OF EVIDENCE
26 SHALL NOT APPLY; AND THE DECISION OF THE HEARING OFFICER
27 SHALL BE FINAL, SUBJECT TO THE RIGHT OF THE OWNER TO APPEAL
28 THE DECISION TO THE TRAFFIC COURT.
29 (4) IF THE OWNER REQUESTS IN WRITING THAT THE DECISION
30 OF THE HEARING OFFICER BE APPEALED TO THE TRAFFIC COURT, THE
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1 SYSTEM ADMINISTRATOR SHALL FILE THE NOTICE OF VIOLATION AND
2 SUPPORTING DOCUMENTS WITH THE TRAFFIC COURT, WHICH SHALL HEAR
3 AND DECIDE THE MATTER DE NOVO.
4 (N) COMPENSATION TO MANUFACTURER OR VENDOR.--IF A CITY OF
5 THE FIRST CLASS HAS ESTABLISHED AN AUTOMATED RED LIGHT
6 ENFORCEMENT SYSTEM DEPLOYED AS A MEANS OF PROMOTING TRAFFIC
7 SAFETY AND THE ENFORCEMENT OF THE TRAFFIC LAWS OF THIS
8 COMMONWEALTH OR THE CITY, THE COMPENSATION PAID TO THE
9 MANUFACTURER OR VENDOR OF THE AUTOMATED RED LIGHT ENFORCEMENT
10 SYSTEM MAY NOT BE BASED UPON THE NUMBER OF TRAFFIC CITATIONS
11 ISSUED OR A PORTION OR PERCENTAGE OF THE FINE GENERATED BY THE
12 CITATIONS. THE COMPENSATION PAID TO THE MANUFACTURER OR VENDOR
13 OF THE EQUIPMENT SHALL BE BASED UPON THE VALUE OF THE EQUIPMENT
14 AND THE SERVICES PROVIDED OR RENDERED IN SUPPORT OF THE
15 AUTOMATED RED LIGHT ENFORCEMENT SYSTEM.
16 (O) DURATION OF YELLOW LIGHT CHANGE INTERVAL.--THE DURATION
17 OF THE YELLOW LIGHT CHANGE INTERVAL AT INTERSECTIONS WHERE
18 AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS ARE IN USE SHALL CONFORM
19 TO THE YELLOW LIGHT CHANGE INTERVAL DURATION SPECIFIED ON THE
20 TRAFFIC SIGNAL PERMIT ISSUED BY THE DEPARTMENT OR THE FIRST
21 CLASS CITY.
22 (P) REVENUE LIMITATION.--A CITY OF THE FIRST CLASS MAY NOT
23 COLLECT AN AMOUNT EQUAL TO OR GREATER THAN 5% OF ITS ANNUAL
24 BUDGET FROM THE COLLECTION OF REVENUE FROM THE ISSUANCE AND
25 PAYMENT OF VIOLATIONS UNDER THIS SECTION.
26 (P.1) AUDIT.--
27 (1) THE DEPARTMENT OF THE AUDITOR GENERAL MAY REVIEW THE
28 PERFORMANCE, PROCEDURES, OPERATING BUDGET, CAPITAL BUDGET AND
29 DEBT OF THE SYSTEM ADMINISTRATOR AND AUDIT RELEVANT ACCOUNTS
30 PURSUANT TO THIS SECTION.
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1 (2) THE AUDITOR GENERAL SHALL BE ENTITLED TO GO BEYOND
2 MERE FINANCIAL STATEMENTS AND SHALL BE ENTITLED TO EXAMINE
3 ORIGINAL SOURCE DOCUMENTS AT SUCH TIME AS IS BELIEVED
4 NECESSARY, OR MAY OTHERWISE EXAMINE ORIGINAL DOCUMENTS ON A
5 RANDOM BASIS TO ENSURE THE INTEGRITY OF THE AUDIT.
6 (3) COSTS INCURRED BY THE AUDITOR GENERAL IN THE
7 PERFORMANCE OF THE AUDITS OF THE SYSTEM ADMINISTRATOR SHALL
8 BE PAID BY THE SYSTEM ADMINISTRATOR.
9 (Q) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,
10 [2007] 2010.
11 Section 2. This act shall take effect immediately.
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