Regular Session 2015-2016 House Bill 2233 P.N. 3683

PRINTER'S NO. 3683

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2233

Session of

2015

INTRODUCED BY TAYLOR, W. KELLER, DAVIS, BOBACK, KOTIK, MURT,

A. HARRIS AND WHITE, JUNE 30, 2016

REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 30, 2016

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; and, in rules of the road in general, further

providing for speed timing devices and providing for pilot

program for automated speed enforcement system on designated

highway.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Automated speed enforcement system." An electronic traffic

sensor system that:

(1) is able to automatically detect vehicles exceeding

the posted speed limit; and

(2) records the vehicle's image, front or rear, license

plate, location, date, time and speed.

* * *

Section 2. Section 3368(c) of Title 75 is amended by adding

a paragraph to read:

§ 3368. Speed timing devices.--

* * *

authorized.--

* * *

(5) Light detection and ranging devices, commonly

referred to as LIDAR, may be used as part of an automated

speed enforcement system.

* * *

Section 3. Title 75 is amended by adding a section to read:

§ 3368.1. Pilot program for automated speed enforcement system

on designated highway.

(a) General rule.--A pilot program is established to provide

for an automated speed enforcement system on the designated

highway.

(b) Applicability.--The automated speed enforcement system

shall not be used unless:

(1) At least two appropriate warning signs are

conspicuously placed at the beginning and end of the

designated highway notifying the public that an automated

speed enforcement device is in use.

(2) A notice identifying the location of the automated

speed enforcement system is posted on the department's

publicly accessible Internet website throughout the period of

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use.

along the designated highway by at least 11 miles per hour is a

violation of this section.

(d) Notice of violation.--

(1) (i) An action to enforce this section shall be

initiated by an administrative notice of violation to the

registered owner of a vehicle identified by the automated

speed enforcement system as violating this section. A

notice of violation based upon inspection of recorded

images produced by the automated speed enforcement system

and sworn or affirmed by an authorized representative of

the department shall be prima facie evidence of the facts

contained in it.

(ii) The notice of violation must include written

verification that the automated speed enforcement system

was operating correctly at the time of the alleged

violation and the date of the most recent inspection that

confirms it to be operating properly.

(iii) The following shall be attached to the notice

of violation:

(A) A copy of the recorded image showing the

vehicle with its license plate visible.

(B) The registration number and state of

issuance of the vehicle registration.

violation.

(D) Notice that the violation charged is under

this section.

(E) Instructions for return of the notice of

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violation.

(2) In the case of a violation involving a motor vehicle

registered under the laws of this Commonwealth, the notice of

violation shall 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, to the

address of the registered owner as listed in the records of

the department.

(3) In the case of a violation involving a motor vehicle

registered in a jurisdiction other than this Commonwealth,

the notice of violation shall be mailed within 30 days after

the discovery of the identity of the registered owner 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.

(4) A notice of violation shall be invalid unless

provided to an owner within 90 days of the offense.

(5) The notice shall include the following text:

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.

(6) 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.

(e) Penalty.--

(1) The penalty of a violation under this section shall

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be a fine of $150, and the fine 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.).

(2) The fine is not authorized during the continuous 24-

hour period after the automated speed enforcement system is

initially activated along the designated highway.

(3) A penalty imposed under this section shall not be:

(i) deemed a criminal conviction;

(ii) 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;

(iii) the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in the

provision of motor vehicle insurance coverage.

(f) Limitations.--

(1) Recorded images collected as part of the automated

speed enforcement system may record only violations of this

section and may not be used for any other surveillance

purposes. The restrictions set forth in this paragraph shall

not preclude a court of competent jurisdiction from issuing

an order directing that the information be provided to law

enforcement officials, if the information is requested solely

in connection with a criminal law enforcement action and is

reasonably described.

(2) Notwithstanding any other provision of law,

information gathered and maintained under this section which

is kept by the Commonwealth, its authorized agents or its

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employees, including recorded images, written records,

reports or facsimiles, names and addresses shall be for the

exclusive purpose of discharging its duties under this

section and shall be subject to the following provisions:

(i) 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.

(ii) The information shall not be discoverable by

court order or otherwise or be admissible as evidence in

any proceeding except to determine liability under this

section.

(iii) The restrictions set forth in this paragraph

shall not preclude a court of competent jurisdiction from

issuing an order directing that the information be

provided to law enforcement officials, if the information

is requested solely in connection with a criminal law

enforcement action and is reasonably described.

(3) Recorded images obtained through the use of the

automated speed enforcement system shall be destroyed within

one year of final disposition of a notice of violation,

except that images subject to a court order under paragraph

(1) or (2) shall be destroyed within two years after the date

of the order, unless further extended by court order.

(4) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of the automated speed enforcement system shall

be the exclusive property of the department and may not be

used for any purpose other than prescribed in this section.

(5) A violation of this subsection shall constitute a

third-degree misdemeanor punishable by a $500 fine. Each

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violation shall constitute a separate and distinct offense.

(g) Defenses.--

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

section that the vehicle was reported to a police department

as stolen prior to the time the violation occurred and was

not recovered prior to that time.

(2) 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) Authority and duties of department.--

(1) The department shall establish a pilot automated

speed enforcement system program not later than 18 months

following the effective date of this section.

(2) (i) The department may promulgate regulations for

the certification and the use of the automated speed

enforcement system.

(ii) In order to facilitate the prompt

implementation of this section, regulations promulgated

by the department under this section shall be deemed

temporary regulations and not subject to:

(A) Sections 201, 202 and 203 of the act of July

31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(B) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(3) (i) The department shall serve directly or through

a contracted private service as the system administrator

of the program. Compensation under a contract authorized

by this paragraph shall be based only upon the value of

equipment and services provided or rendered in support of

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the automated speed enforcement system program and may

not be based in any part upon the quantity of notices of

violation issued or amount of fines imposed or generated.

(ii) The system administrator shall prepare and

issue notices of violation.

(iii) The system administrator shall remit fines

administratively paid under this section to the

department for deposit into the Motor License Fund.

(iv) The system administrator shall provide an

appropriate printed form by which owners may challenge a

notice of violation and convenient hearing hours and

times in each of the following metropolitan areas for

challenges to be heard as provided in this section: Erie,

Harrisburg, Philadelphia, Pittsburgh and Scranton. the

form may be included with or as part of the notice of

violation.

(4) Not later than April 1 annually, the department

shall submit a report on the program for the preceding

calendar year to the chairperson and minority chairperson of

the Transportation Committee of the Senate and the

chairperson and minority chairperson of the Transportation

Committee of the House of Representatives. The report shall

be a public record under the Right-to-Know Law and include:

(i) The number of vehicular accidents and related

serious injuries and deaths along the designated highway.

(ii) Speed data.

(iii) The number of notices of violation issued.

(iv) The amount of fines imposed and collected.

(v) Amounts paid under contracts authorized by this

section.

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(i) Payment of fine.--

(1) An owner may admit responsibility for the violation

and pay the fine provided in the notice personally, through

an authorized agent, electronically or by mailing both

payment and the notice of violation to the system

administrator.

(2) Payment by mail must be made only by money order,

credit card or check made payable to the Commonwealth.

(3) Payment of the fine shall operate as a final

disposition of the case.

(4) If payment is not received within 90 days of

original notice, the department may turn the matter over to

applicable credit collection agencies.

(j) Contest.--

(1) An owner may, within 30 days of the mailing of the

notice, request a hearing to contest liability by appearing

before the system administrator either personally or by an

authorized agent or by mailing a request in writing on the

prescribed form. Appearances in person shall be only at the

locations and times set by the system administrator.

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

administrator shall in a timely manner schedule the matter

before a hearing officer designated by the department.

Written notice of the date, time and place of hearing must be

presented or sent by first class mail to the owner.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the hearing officer

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

the decision.

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

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of the hearing officer be appealed, the system administrator

shall file the notice of violation and supporting documents

with the office of the magisterial district judge for the

magisterial district where the violation occurred, and the

magisterial district judge shall hear and decide the matter

de novo.

(k) Expiration.--This section shall expire five years from

its effective date.

(l) Definition.--As used in this section, "designated

highway" means that portion of US 1 from the Bucks County line

to the interchange with Interstate 76.

Section 4. The Secretary of Transportation shall publish a

notice in the Pennsylvania Bulletin when the automated speed

enforcement system is operational along the designated highway

as defined in 75 Pa.C.S. § 3368.1.

Section 5. This act shall take effect as follows:

(1) The addition of 75 Pa.C.S. § 3368.1(e) shall take

effect 60 days after publication in the Pennsylvania Bulletin

of the notice under section 4.

(2) Section 4 and this section shall take effect

immediately.

(3) The remainder of this act shall take effect in 60

days.

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