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PRINTER'S NO. 1020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
840
Session of
2015
INTRODUCED BY ARGALL, SCHWANK, TEPLITZ, WOZNIAK, FONTANA,
SCAVELLO, COSTA, YUDICHAK, BLAKE AND LEACH, JUNE 8, 2015
REFERRED TO TRANSPORTATION, JUNE 8, 2015
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 systems.
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
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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.--
* * *
(c) Mechanical, electrical and electronic 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
systems.
(a) General rule.--A pilot program is established to provide
for automated speed enforcement systems on interstate highways
within this Commonwealth.
(b) Applicability.--This section shall apply only to active
work zones on interstate highways under the jurisdiction of the
department or the Pennsylvania Turnpike Commission. An automated
speed enforcement system shall not be used unless:
(1) At least two appropriate warning signs are
conspicuously placed before the active work zone notifying
the public that an automated speed enforcement device is in
use.
(2) A notice identifying the location of the automated
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speed enforcement system is posted on the department's or
Pennsylvania Turnpike Commission's publicly accessible
Internet website throughout the period of use.
(c) Liability.--Driving in excess of the posted speed limit
in an active work zone 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 an automated
speed enforcement system as violating this section. A
notice of violation based upon inspection of recorded
images produced by an automated speed enforcement system
and sworn or affirmed by an authorized representative of
the department or the Pennsylvania Turnpike Commission
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.
(C) The date, time and place of the alleged
violation.
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(D) Notice that the violation charged is under
this section.
(E) Instructions for return of the notice of
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
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contained in it.
(e) Penalty.--
(1) The penalty of a violation under this section shall
be a fine of $100, 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:
(i) The continuous 24-hour period after the
automated speed enforcement system is initially activated
in a work zone.
(ii) Times when the work zone is not active.
(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
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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
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. 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 or be admissible as
evidence in any proceeding except to determine liability
under this section. 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
automated speed enforcement systems deployed as a means of
promoting traffic safety in active work zones 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 an automated speed enforcement system shall
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be the exclusive property of the department or Pennsylvania
Turnpike Commission 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
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 and Pennsylvania
Turnpike Commission.--
(1) The department and Pennsylvania Turnpike Commission
shall each establish a pilot automated speed enforcement
system program not later than 18 months following the
effective date of this section.
(2) (i) The department and Pennsylvania Turnpike
Commission may each promulgate regulations for the
certification and the use of automated speed enforcement
systems.
(ii) In order to facilitate the prompt
implementation of this section, regulations promulgated
by the department and Pennsylvania Turnpike Commission
under this section shall be deemed temporary regulations
and not subject to:
(A) Sections 201, 202 and 203 of the act of July
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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 and Pennsylvania Turnpike
Commission shall each 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
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 or Pennsylvania Turnpike Commission for
deposit into the Motor License Fund to be used
exclusively for work zone safety.
(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 and
Pennsylvania Turnpike Commission shall submit a report on the
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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 in all work zones and in work
zones in which the program operated.
(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.
(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 or Pennsylvania Turnpike
Commission may turn the matter over to applicable credit
collection agencies.
(j) Contest.--
(1) An owner may, within 30 days of the mailing of the
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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 or
Pennsylvania Turnpike Commission. 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
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.
Section 4. The Secretary of Transportation or the Chairman
of the Pennsylvania Turnpike Commission shall publish a notice
in the Pennsylvania Bulletin when an automated speed enforcement
system is operational in this Commonwealth.
Section 5. This act shall take effect as follows:
(1) The addition of 75 Pa.C.S. § 3368.1(e) shall take
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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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