PRINTER'S NO. 3934
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2578
Session of
2020
INTRODUCED BY WHITE, JUNE 15, 2020
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 15, 2020
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 prohibitions in specified places and providing
for automated mass transit vehicle zone parking enforcement
systems in first class cities and for pilot program for
automated bus lane enforcement systems on designated bus
lanes.
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:
ยง 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 bus lane enforcement system." An electronic
traffic sensor system that:
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(1) is able to automatically detect vehicles violating
the dedicated bus lane within the Southeastern Pennsylvania
Transportation Authority (SEPTA) system; and
(2) produces recorded images that show:
(i) a clear and legible identification of the
vehicle's entire rear license plate;
(ii) location; and
(iii) date and time.
* * *
Section 2. Section 3353(a)(2) of Title 75 is amended by
adding a subparagraph to read:
ยง 3353. Prohibitions in specified places.
(a) General rule.--Except when necessary to avoid conflict
with other traffic or to protect the safety of any person or
vehicle or in compliance with law or the directions of a police
officer or official traffic-control device, no person shall:
* * *
(2) Stand or park a vehicle:
* * *
(x) Within a mass transit vehicle loading zone that
is posted with official signs designating the space.
* * *
Section 3. Title 75 is amended by adding sections to read:
ยง 3355. Pilot program for automated mass transit vehicle zone
parking enforcement systems in first class cities.
(a) Establishment.--A pilot program is established to
provide for an automated mass transit vehicle zone parking
enforcement system in a city of the first class. The following
shall apply:
(1) A city of the first class in compliance with
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subsection (h), is authorized to enforce section 3353(a)(2)
(x) (relating to prohibitions in specified places) by
recording violations using an automated mass transit vehicle
zone parking enforcement system approved by the department.
(2) This section shall only be applicable in the city of
the first class agreed upon by the system administrator and
the secretary.
(b) 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
(f).
(c) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated mass transit vehicle zone parking
enforcement system and sworn to or affirmed by a police officer
employed by the city of the first class or SEPTA shall be prima
facie evidence of the facts contained in the certificate. The
city shall include written documentation that the automated mass
transit vehicle zone parking enforcement system was operating
correctly at the time of the alleged violation. A recorded image
evidencing a violation of section 3353(a)(2)(x) shall be
admissible in any judicial or administrative proceeding to
adjudicate the liability for the violation.
(d) Penalty.--The following shall apply:
(1) The penalty for a violation under subsection (a)
shall be a fine of $75.
(2) A fine is not authorized during the first 30 days of
operation of the automated mass transit vehicle zone parking
enforcement system.
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(3) A warning may be sent to the violator under
paragraph (2).
(4) 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 person upon whom the
penalty is imposed, nor may the imposition of the penalty be
subject to merit rating for insurance purposes.
(5) 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. ยง 3571
(relating to Commonwealth portion of fines, etc.) or 3573
(relating to municipal corporation portion of fines, etc.).
(e) Limitations.--The following shall apply:
(1) Notwithstanding any other provision of law, camera
equipment deployed as part of an automated mass transit
vehicle zone parking enforcement system as provided under
this section shall be incapable of automated or user-
controlled remote surveillance by means of recorded video
images. Recorded images collected as part of the automated
mass transit vehicle zone parking enforcement system may only
record parking violations and may not be used for any other
surveillance purposes. The restrictions provided 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.
(2) Notwithstanding any other provision of law,
information prepared under this section and information
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relating to violations under this section which is kept by
the city of the first class, its authorized agents or its
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 as 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 except that the
information can be used by a city of the first class, its
authorized agents or its employees in defense against tort
claims brought against it. The restrictions provided 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) Recorded images obtained through the use of
automated mass transit vehicle zone parking enforcement
systems deployed as a means of promoting traffic safety and
congestion management in a city of the first class shall be
destroyed within two years of final disposition of any
recorded event. The system administrator shall file notice
with the Department of State that the records have been
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destroyed in accordance with this section.
(4) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated mass transit vehicle zone
parking enforcement system under this section shall not be
the property of the manufacturer or vendor of the automated
mass transit vehicle zone parking enforcement system and may
not be used for any purpose other than prescribed in this
section.
(f) Defenses.--The following shall apply:
(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 first 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.
(g) Department approval.--No automated mass transit vehicle
zone parking enforcement system may be used without the approval
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of the department and the department shall have the authority to
promulgate regulations for the certification and use of the
systems.
(h) Duty of city.--The following provisions shall apply to a
city of the first class in implementing this section:
(1) The city may not use an automated mass transit
vehicle zone parking enforcement system unless there is
posted an appropriate sign in a conspicuous place within the
area in which the automated mass transit vehicle zone parking
enforcement device is to be used notifying the public that an
automated mass transit vehicle zone parking enforcement
device is in use.
(2) Notwithstanding the provisions of ยง 6109(g)(1), the
city shall designate or appoint the Southeastern Pennsylvania
Transportation Authority (SEPTA) as the system administrator
to supervise and coordinate the administration of notices of
violation issued under this section.
(3) 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 mass transit
vehicle zone parking enforcement system as evidence of a
violation of section 3353(a)(2)(x). The issuance of the
notice of violation shall be done by a police officer
employed by the police department with primary jurisdiction
over the area where the violation occurred or by a police
officer employed by SEPTA. The notice of violation shall have
attached to it:
(i) a copy of the recorded image showing the
vehicle;
(ii) the registration number and state of issuance
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of the vehicle registration;
(iii) the date, time and place of the alleged
violation;
(iv) that the violation charged is under section
3353(a)(2)(x); and
(v) instructions for return of the notice of
violation.
(4) The text of the notice of violation shall 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.
(i) System administrator.--The following shall apply:
(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 chairperson and the 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 considered
a public record under the Right-to-Know Law and 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.
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(j) Notice to owner.--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, 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 shall 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 shall be provided to an owner
within 90 days of the commission of the offense.
(k) Mailing of notice and records.--Notice of a violation
shall 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.
(l) Payment of fine.--The following shall apply:
(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 shall be made personally, through an
authorized agent, electronically or by mailing both payment
and the notice of violation to the system administrator.
Payment by mail shall be made only by money order, credit
card or check made payable to the system administrator.
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(3) Notwithstanding the provisions of ยง 6109(g)(2), the
system administrator shall remit the fine, less the system
administrator's operation and maintenance costs necessitated
by this section, to the city of the first class, except that
75% of all net revenue shall be retained by the system
administrator and 25% of all net revenue shall be deposited
into a restricted receipts account to be established in the
Commonwealth Financing Authority to be used exclusively for
grants for small businesses within a county of the first
class.
(4) Payment of the established fine and applicable
penalties shall operate as a final disposition of the case.
(m) Hearing.--The following shall apply:
(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 shall 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 first class. Written notice of
the date, time and place of hearing shall be sent by first
class mail to the owner.
(3) The hearing shall be conducted pursuant to 2 Pa.C.S.
Ch. 5 (relating to practice and procedure) and shall be
subject to appeal pursuant to 2 Pa.C.S. Ch. 7 (relating to
judicial review).
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(n) Compensation to manufacturer or vendor.--If a city of
the first class has established an automated mass transit
vehicle zone parking 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 mass transit vehicle
zone parking 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 mass transit vehicle zone parking
enforcement system.
(o) Expiration.--This section shall expire seven years from
its effective date.
ยง 3371. Pilot program for automated bus lane enforcement
systems on designated bus lanes.
(a) Establishment.--A pilot program is established to
provide for an automated bus lane enforcement system on
designated bus lanes in a city of the first class. The following
shall apply:
(1) The mayor of a city of the first class is authorized
to enforce section 3309(3) (relating to driving on roadways
laned for traffic), as it applies to dedicated bus lanes, by
recording violations using an automated bus lane enforcement
system approved by the department.
(2) This section shall only be applicable in a city of
the first class in areas agreed upon by the system
administrator and the secretary using the automated bus lane
enforcement system on dedicated SEPTA bus lanes.
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(b) 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).
(c) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated bus lane enforcement system and sworn
to or affirmed by a police officer employed by the city of the
first class or SEPTA shall be prima facie evidence of the facts
contained in the certificate. SEPTA shall include written
documentation that the automated bus lane enforcement system was
operating correctly at the time of the alleged violation. A
recorded image evidencing a violation of section 3309(3), as
applies to dedicated bus lanes, shall be admissible in any
judicial or administrative proceeding to adjudicate the
liability for the violation.
(d) Penalty.--The following shall apply:
(1) The penalty for a violation under subsection (a)
shall be a fine of $150 unless a lesser amount is set by
ordinance. The ordinance may create fines for first offense,
second offense and third and subsequent offenses, but no
single fine shall exceed $150.
(2) A penalty is authorized only for a violation of this
section if each of the following applies:
(i) At least two appropriate signs are conspicuously
placed along the dedicated bus lane notifying the public
that an automated bus lane enforcement device is in use.
(ii) A notice identifying the use of the automated
bus lane enforcement system is posted on SEPTA's publicly
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accessible Internet website throughout the period of use.
(3) A fine is not authorized during the first 30 days of
operation of an automated bus lane enforcement system.
(4) The system administrator may provide a written
warning to the registered owner of a vehicle determined to
have violated this section during the first 30 days of
operation of the automated bus lane enforcement system.
(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 person 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. Penalties collected
under this section shall not be subject to 42 Pa.C.S. ยง 3571
(relating to Commonwealth portion of fines, etc.) or 3573
(relating to municipal corporation portion of fines, etc.).
(e) Violation.--Driving, parking, stopping or standing in a
dedicated bus lane shall be a violation of this section.
(f) Limitations.--The following shall apply:
(1) No automated bus lane 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 bus lane
enforcement system as provided under this section shall be
incapable of automated or user-controlled remote surveillance
by means of recorded video images. Recorded images collected
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as part of the automated bus lane enforcement system may only
record traffic violations and may not be used for any other
surveillance purposes, but may include video of the area
enforced when triggered by a violation. The restrictions
provided 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 a
city of the first class, its authorized agents or its
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 except that the
information can be used by a city of the first class, its
authorized agents or its employees in defense against tort
claims brought against it. The restrictions provided under
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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 bus lane enforcement systems deployed as a means of
promoting traffic safety in a city of the first class shall
be destroyed within two years of final disposition of any
recorded event. The system administrator 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 bus lane enforcement system
under this section shall not be the property of the
manufacturer or vendor of the automated bus lane enforcement
system and may not be used for any purpose other than
prescribed in this section.
(6) A violation of this subsection shall constitute a
misdemeanor of the third degree punishable by a $500 fine.
Each violation shall constitute a separate and distinct
offense.
(g) Defenses.--The following shall apply:
(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 first class may not require the owner of the
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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.--The following shall apply:
(1) No automated bus lane enforcement system may be used
without the approval of the department and the department
shall have the authority to promulgate regulations for the
certification and use of the systems.
(2) Notwithstanding any other provision of law, the
devices identified in paragraph (1) shall be tested for
accuracy at regular intervals as designated by regulation of
the department.
(i) Duty of city.--If a city of the first class elects to
implement this section, the following provisions shall apply:
(1) The city may not use an automated bus lane
enforcement system unless there is posted an appropriate sign
in a conspicuous place before the area in which the automated
bus lane enforcement system is to be used notifying the
public that an automated bus lane enforcement system is in
use.
(2) Notwithstanding the provisions of ยง6109(g)(1), the
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city shall designate or appoint the Southeastern Pennsylvania
Transportation Authority (SEPTA) as the system administrator
to supervise and coordinate the administration of notices of
violation issued under this section.
(3) 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 bus lane
enforcement system as evidence of a violation of section
3309(3). The issuance of the notice of violation shall be
done by a police officer employed by the police department
with primary jurisdiction over the area where the violation
occurred or by a police officer employed by SEPTA. The notice
of violation shall have the following attached to it:
(i) a copy of the recorded image showing the
vehicle;
(ii) the registration number and state of issuance
of the vehicle registration;
(iii) the date, time and place of the alleged
violation;
(iv) notice that the violation is charged under
section 3309(3), as applies to a dedicated bus lane, for
a bus lane violation; and
(v) instructions for return of the notice of
violation, which shall read:
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.--The following shall apply:
(1) The system administrator may hire and designate
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personnel as necessary or contract for services to implement
this section.
(2) The system administrator shall process notices of
violation and penalties issued under this section.
(3) Not later than April 1 annually, the system
administrator shall submit an annual report to the
chairperson and the 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 considered
a public record under the Right-to-Know Law and include for
the prior year:
(i) The number of violations and fines issued and
data in the area.
(ii) A compilation of penalties 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 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, 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 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
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registration of the vehicle. A notice of violation under this
section shall be provided to an owner within 90 days of the
commission of the offense.
(l) Mailing of notice and records.--Notice of a violation
shall 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.--The following shall apply:
(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 shall be made personally, through an
authorized agent, electronically or by mailing both payment
and the notice of violation to the system administrator.
Payment by mail shall be made only by money order, credit
card or check made payable to the system administrator.
(3) Notwithstanding the provisions of section 6109(g)
(2), the system administrator shall remit the fine, less the
system administrator's operation and maintenance costs
necessitated by this section, to the city of the first class,
except that 75% of all net revenue shall be retained by the
system administrator and 25% of all net revenue shall be
deposited into a restricted receipts account to be
established in the Commonwealth Financing Authority to be
used exclusively for grants for small businesses within a
county of the first class.
(4) Payment of the established fine and applicable
penalties shall operate as a final disposition of the case.
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(n) Hearing.--The following shall apply:
(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 shall 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 first class. Written notice of
the date, time and place of hearing shall be sent by first
class mail to the owner.
(3) The hearing shall be conducted pursuant to 2 Pa.C.S.
Ch. 5 (relating to practice and procedure) and shall be
subject to appeal pursuant to 2 Pa.C.S. Ch. 7 (relating to
judicial review).
(o) Compensation to manufacturer or vendor.--If a city of
the first class has established an automated bus lane
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 bus lane 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 bus lane enforcement system.
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(p) Revenue limitation.--A city of the first class may not
collect an amount equal to or greater than 2% of its annual
budget from the collection of revenue from the issuance and
payment of violations under this section.
(q) Expiration.--This section shall expire seven years from
its effective date.
Section 4. The Secretary of Transportation and the Chairman
of the Southeastern Pennsylvania Transportation Authority
(SEPTA) Board shall transmit notice to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin when the
automated bus lane enforcement system is operational along the
designated routes under 75 Pa.C.S. ยง 3371.
Section 5. This act shall take effect in 60 days.
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