Regular Session 2021-2022 House Bill 2776 P.N. 3417

PRINTER'S NO. 3417

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2776

Session of

2022

INTRODUCED BY NEILSON, GILLESPIE, SANCHEZ AND KINSEY,

AUGUST 22, 2022

REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 22, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

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

for pilot program for automated speed enforcement systems in

school zones.

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 school zone." A school zone, as

defined and established under regulations of the department,

where an automated speed enforcement system is active.

* * *

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

§ 3371. Pilot program for automated speed enforcement systems

in school zones.

(a) Establishment.--A pilot program is established to

provide for automated speed enforcement systems in school zones

located on State-maintained roads within a city of the first

class.

(b) Applicability.--This section shall apply to a school

zone that is located on a State-maintained road within a city of

the first class during the hours of operation of the school

zone.

system in a school zone may not be used unless all of the

following conditions are satisfied:

(1) At least two appropriate warning signs are

conspicuously placed before the automated speed enforcement

school zone notifying the public that an automated speed

enforcement system is in use.

(2) At least one of the warning signs under paragraph

(1) indicates if the automated speed enforcement system is

active or not active.

(3) An appropriate sign is conspicuously placed at the

end of the automated speed enforcement school zone.

(4) A notice identifying the location of the automated

speed enforcement system is posted at the automated speed

enforcement school zone and on the department's publicly

accessible Internet website. The notice on the department's

website shall remain throughout the period of use.

(d) Liability.--Driving in excess of the posted speed limit

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in an automated speed enforcement school zone by at least 11

miles per hour is a violation of this section.

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

the owner of a vehicle identified by an automated speed

enforcement system as violating this section shall be liable for

the penalty imposed unless the owner is convicted of the same

violation under another provision of this title or has a defense

under subsection (i).

(f) Notice of violation.--

(1) The following shall apply:

(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 member of the

Pennsylvania State Police shall be prima facie evidence

of the facts contained in the notice. The Pennsylvania

State Police shall receive certification from the

department or the system administrator when an automated

speed enforcement system is active in accordance with

subsection (b).

(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 the automated speed enforcement system was

operating properly.

(iii) An automated speed enforcement system operator

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shall complete training offered by the manufacturer of

the automated speed enforcement system, including

training on any devices critical to the operation of the

automated speed enforcement system, or training from the

manufacturer's representative in the procedures for

setting up, testing and operating an automated speed

enforcement system. Upon completion of the training, the

manufacturer or manufacturer's representative shall issue

a signed certificate to the automated speed enforcement

system device operator, which shall be admitted as

evidence in any court proceeding for a violation

involving an automated speed enforcement system device.

An automated speed enforcement system device operator

shall fill out and sign a daily log for an automated

speed enforcement system, which:

(A) states the date, time and location of the

device setup;

(B) states that the automated speed enforcement

system device operator successfully performed and the

automated speed enforcement system device passed the

self-tests specified by the manufacturer of the

automated speed enforcement system device;

(D) shall be admitted in any proceeding for a

violation involving an automated speed enforcement

system device.

(iv) An automated speed enforcement system device

must undergo an annual calibration check performed by a

calibration laboratory. The calibration laboratory shall

issue a signed certificate of calibration after the

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annual calibration check, which shall be kept on file and

shall be admitted as evidence in any proceeding for a

violation involving an automated speed enforcement system

device.

(v) 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.

enforcement system was operating correctly at the

time of the alleged violation and the date of the

most recent inspection that confirms the automated

speed enforcement system to be operating properly.

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

violation.

(E) Notice that the violation charged is under

this section.

(F) 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,

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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

a judicial or administrative proceeding as to the facts

contained in the notice.

(g) Penalty.--

(1) If a person violates this section as a first

offense, the person shall receive a written warning.

(2) The penalty for a violation under this section shall

be a fine of $75 for the second offense and $150 for the

third and subsequent offenses, 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.).

(3) The fine or warning is not authorized during times

when the automated speed enforcement school zone is not

active.

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(4) A penalty imposed under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in the

provision of motor vehicle insurance coverage.

(h) 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 provided 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 that

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 the 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 a proceeding except to determine liability under

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this section. The restrictions provided 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 an automated speed enforcement

school zone 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. The department or the

system administrator shall retain evidence that the records

have been destroyed in accordance with this paragraph.

(4) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated speed enforcement system under

this section shall be the exclusive property of the

Commonwealth and not the property of the manufacturer or

vendor of the automated speed enforcement system and may not

be used for a purpose other than prescribed in this section.

(5) 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.

(i) Defenses.--

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

section that the vehicle was reported to a police department

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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.

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

section that the device being used to determine speed was not

in compliance with section 3368 (relating to speed timing

devices) with respect to testing for accuracy, certification

or calibration.

(j) Authority and duties of department.--

(1) The department shall establish a five-year pilot

program for automated speed enforcement systems in school

zones not later than 18 months following the effective date

of this section.

(2) The following shall apply regarding regulations:

(i) The department may promulgate regulations for

the certification and the use of automated speed

enforcement systems.

(ii) Notwithstanding any other provision of law, 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) Section 612 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code

of 1929.

(B) Sections 201, 202, 203, 204 and 205 of the

act of July 31, 1968 (P.L.769, No.240), referred to

as the Commonwealth Documents Law.

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October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

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

known as the Regulatory Review Act.

(3) The following shall apply regarding the system

administrator, restricted accounts and fines:

(i) T he 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

the automated speed enforcement school zone system pilot

program and may not be based on 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) Two restricted accounts are established in the

State Treasury for fines remitted under this section to

the department. The system administrator of the

department, if any, shall send an invoice to the

department based on the services under subparagraph (i)

and the services of the Pennsylvania State Police under

subsection (f)(1)(i). The department and the Pennsylvania

State Police shall use the appropriate restricted account

to pay for the administration of the automated speed

enforcement system pilot program and the system

administrator's invoice costs, if applicable. Remaining

fines shall be allocated by the department for the first

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three years as follows:

(A) Forty-five percent of the fines from

violations occurring in an automated speed

enforcement school zone shall be deposited into a

restricted account in the State Treasury on a

quarterly basis. The Department of Revenue shall,

within 90 days of the date of deposit, transfer to

the Pennsylvania State Police an amount equivalent to

the previous quarterly deposit to be used by the

Pennsylvania State Police as follows:

(I) Fifty-five percent of the money shall be

dedicated and used for the purpose of recruiting,

training or equipping Pennsylvania State Police

Cadets.

(II) Forty-five percent of the money shall

be dedicated and used to pay for an increased

Pennsylvania State Police presence in school

zones. Money under this subclause shall be in

addition to any contractual agreement between the

department and the Pennsylvania State Police for

enforcement in school zones.

( B) Fifteen percent of the fines from violations

occurring in an automated speed enforcement school

zone shall be transferred to the department for the

purpose of school zone safety, traffic safety and

educating the motoring public on school zone safety,

at the discretion of the department.

occurring in an automated speed enforcement school

zone shall be deposited into the Motor License Fund

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and shall be appropriated by the General Assembly.

(i v) Remaining fines shall be allocated by the

department for the last two years of the five-year pilot

program to develop a school zone safety program. At a

minimum, money from the school zone safety program shall

be used for improvement projects and countermeasures to

improve the safety in school zones located within a city

of the first class. Funds may also be used to increase

awareness of distracted driving and transportation

enhancements established under section 3116 (relating to

automated red light enforcement systems in first class

cities).

(v) If the amount of money under subparagraph (iii)

(A) is lower than the amount of money under subparagraph

(iii)(A) for the previous fiscal year, money from the

Motor License Fund may not be used to supplement the

money for the current fiscal year. Money provided for

under subparagraph (iii)(A) shall be supplemental and

shall not prohibit the Pennsylvania State Police from

obtaining additional funding from any other means.

(vi) If the five-year automated speed enforcement

system pilot program is not extended by the General

Assembly, any remaining fines remitted to the department

shall be used as provided under subparagraph (iv).

(vii) The system administrator shall provide an

appropriate printed form by which an owner may challenge

a notice of violation. The form shall include a list of

convenient hearing hours and times in a city of the first

class. The form may be included with or as part of the

notice of violation.

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

the Pennsylvania State Police 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 shall include all of the following:

(i) The number of vehicular accidents and related

serious injuries and deaths in all school zones and in

automated speed enforcement school zones where 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.

(vi) The number of hours of Pennsylvania State

Police presence in school zones that were provided as a

result of the money under paragraph (3)(iii)(A)(II).

(vii) Use of money under paragraph (3)(iv).

( k) 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 or the

system administrator, as applicable.

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(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.

( l) 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 under subsection (j)(3)(vii). Appearances in

person shall be only at the locations and times set by the

system administrator.

(2) Upon receipt of a hearing request under paragraph

(1), 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

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.

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

the effective date of this section.

Section 3. The Secretary of Transportation shall transmit a

notice to the Legislative Reference Bureau for publication in

the Pennsylvania Bulletin when the automated speed enforcement

school zone system is operational under 75 Pa.C.S. § 3371.

Section 4. This act shall take effect as follows:

(1) Except as provided in paragraph (2), the addition of

75 Pa.C.S. § 3371 shall take effect in 120 days.

(2) The addition of 75 Pa.C.S. § 3371(d) shall take

effect 60 days after publication of the notice in the

Pennsylvania Bulletin under section 3 of this act.

(3) The remainder of this act shall take effect

immediately.

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