THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY P. COSTA, CALTAGIRONE, CARROLL, W. KELLER, MURT, PASHINSKI, PAYNE, SIPTROTH AND THOMAS, MAY 11, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 11, 2010  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for display of registration

plate; and providing for automated red light enforcement

systems in second class, second class A and third class

cities and for a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1332(b)(2) of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 1332.  Display of registration plate.

* * *

(b)  Obscuring plate.--It is unlawful to display on any

vehicle a registration plate which:

* * *

(2)  is obscured in any manner which inhibits the proper

operation of an automated red light enforcement system in

place pursuant to section 3116 (relating to automated red

light enforcement systems in first class cities) or 3117

(relating to automated red light enforcement systems in

second class, second class A and third class cities); or

* * *

Section 2.  Title 75 is amended by adding a section to read:

§ 3117.  Automated red light enforcement systems in second

class, second class A and third class cities.

(a)  General rule.--A city of the second class, second class

A or third class, upon passage of an ordinance, is authorized to

enforce section 3112(a)(3) (relating to traffic-control signals)

by recording violations using an automated red light enforcement

system approved by the department.

(b)  Applicability.--This section shall only be applicable at

intersections in a city of the second class, second class A or

third class agreed upon by the system administrator and the

secretary.

(c)  Owner liability.--For each violation under this section,

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g).

(d)  Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by an automated red light enforcement system and sworn

to or affirmed by a police officer employed by the city of the

second class, second class A or third class shall be prima facie

evidence of the facts contained in it. The city must include

written documentation that the automated red light enforcement

system was operating correctly at the time of the alleged

violation. A recorded image evidencing a violation of section

3112(a)(3) shall be admissible in any judicial or administrative

proceeding to adjudicate the liability for the violation.

(e)  Penalty.--

(1)  The penalty for a violation under subsection (a)

shall be a fine of $100 unless a lesser amount is set by

ordinance.

(2)  A fine is not authorized for a violation of this

section if any of the following apply:

(i)  The intersection is being manually controlled.

(ii)  The signal is in the mode described in section

3114 (relating to flashing signals).

(3)  A fine is not authorized during any of the

following:

(i)  The first 120 days of operation of the automated

system at the initial intersection.

(ii)  The first 60 days for each additional

intersection selected for the automated system.

(4)  A warning may be sent to the violator under

paragraph (3).

(5)  A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(6)  No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Fines collected under

this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(f)  Limitations.--

(1)  No automated red light enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the vehicle as evidence of having committed a

violation.

(2)  Notwithstanding any other provision of law, camera

equipment deployed as part of an automated red light

enforcement system as provided under this section must be

incapable of automated or user-controlled remote intersection

surveillance by means of recorded video images. Recorded

images collected as part of the automated red light

enforcement system may only record traffic violations and may

not be used for any other surveillance purposes. The

restrictions set forth under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be provided

to law enforcement officials if the information is reasonably

described and is requested solely in connection with a

criminal law enforcement action.

(3)  Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the second class, second class A or third class,

its authorized agents or employees, including recorded

images, written records, reports or facsimiles, names,

addresses and the number of violations under this section,

shall be for the exclusive use of the city, its authorized

agents, its employees and law enforcement officials for the

purpose of discharging their duties under this section and

under any ordinances and resolutions of the city. The

information shall not be deemed a public record under the act

of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law. The information shall not be discoverable by court

order or otherwise, nor shall it be offered in evidence in

any action or proceeding which is not directly related to a

violation of this section or any ordinance or resolution of

the city. The restrictions set forth under this paragraph

shall not be deemed to preclude a court of competent

jurisdiction from issuing an order directing that the

information be provided to law enforcement officials if the

information is reasonably described and is requested solely

in connection with a criminal law enforcement action.

(4)  Recorded images obtained through the use of

automated red light enforcement systems deployed as a means

of promoting traffic safety in a city of the second class,

second class A or third class shall be destroyed within one

year of final disposition of an recorded event. The city

shall file notice with the Department of State that the

records have been destroyed in accordance with this section.

(5)  Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated red light enforcement system

under this section shall not be the property of the

manufacturer or vendor of the automated red light enforcement

system and may not be used for any purpose other than

prescribed in this section.

(g)  Defenses.--

(1)  It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city of the second class, second class A or third class may

not require the owner of the vehicle to disclose the identity

of the operator of the vehicle at the time of the violation.

(2)  If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(h)  Department approval.--No automated red light enforcement

system may be used without the approval of the department, which

shall have the authority to promulgate regulations for the

certification and use of such systems.

(i)  Duty of city.--If a city of the second class, second

class A or third class elects to implement this section, the

following provisions shall apply:

(1)  The city may not use an automated red light

enforcement system unless an appropriate sign is posted in a

conspicuous place before the area in which the automated red

light enforcement device is to be used notifying the public

that an automated red light enforcement device is in use

immediately ahead.

(2)  The city shall designate or appoint its parking

authority or other applicable entity as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

(3)  (i)  The system administrator shall prepare a

notice of violation to the registered owner of a vehicle

identified in a recorded image produced by an automated

red light enforcement system as evidence of a violation

of section 3112(a)(3). The issuance of the notice of

violation must be done by a police officer employed by

the police department with primary jurisdiction over the

area where the violation occurred. The notice of

violation shall have attached to it all of the following:

(A)  A copy of the recorded image showing the

vehicle.

(B)  The registration number and state of

issuance of the vehicle registration.

(C)  The date, time and place of the alleged

violation.

(D)  Notice that the violation charged is under

section 3112(a)(3).

(E)  Instructions for return of the notice of

violation.

(ii)  The text of the notice must be as follows:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

issuance. A hearing may be obtained upon the written

request of the registered owner.

(j)  System administrator.--

(1)  The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2)  The system administrator shall process fines issued

under this section.

(3)  The system administrator shall submit an annual

report to the chairman and the minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall include for the

prior year:

(i)  The number of violations and fines issued.

(ii)  A compilation of fines paid and outstanding.

(iii)  The amount of money paid to a vendor or

manufacturer under this section.

(k)  Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever is

later, and not thereafter to the address of the registered owner

as listed in the records of the department. In the case of motor

vehicles registered in jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the registered owner

and not thereafter to the address of the registered owner as

listed in the records of the official in the jurisdiction having

charge of the registration of the vehicle. A notice of violation

under this section must be provided to an owner within 90 days

of the commission of the offense.

(l)  Mailing of notice and records.--Notice of violation must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m)  Payment of fine.--

(1)  An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated under this

section, to the department for deposit into the Motor License

Fund. Fines deposited in the fund under this paragraph shall

be used by the department to develop, by regulation, a

transportation enhancements grant program.

(3)  Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n)  Hearing.--

(1)  An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2)  Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the second class, second class A or

third class. Written notice of the date, time and place of

hearing must be sent by first class mail to the owner.

(3)  The hearing shall be informal, the rules of evidence

shall not apply and the decision of the hearing officer shall

be final, subject to the right of the owner to appeal the

decision to the magisterial district judge.

(4)  If the owner requests in writing that the decision

of the hearing officer be appealed to the magisterial

district judge, the system administrator shall file the

notice of violation and supporting documents with the

magisterial district judge, which shall hear and decide the

matter de novo.

(o)  Compensation to manufacturer or vendor.--If a city of

the second class, second class A or third class has established

an automated red light enforcement system deployed as a means of

promoting traffic safety and the enforcement of the traffic laws

of this Commonwealth or the city, the compensation paid to the

manufacturer or vendor of the automated red light enforcement

system may not be based upon the number of traffic citations

issued or a portion or percentage of the fine generated by the

citations. The compensation paid to the manufacturer or vendor

of the equipment shall be based upon the value of the equipment

and the services provided or rendered in support of the

automated red light enforcement system.

(p)  Duration of yellow light change interval.--The duration

of the yellow light change interval at intersections where

automated red light enforcement systems are in use shall conform

to the yellow light change interval duration specified on the

traffic signal permit issued by the department of a second

class, second class A or third class city.

(q)  Expiration.--This section shall expire December 31,

2020.

Section 3.  This act shall take effect in 60 days.