Regular Session 2023-2024 House Bill 1284 P.N. 2188

SENATE AMENDED

PRIOR PRINTER'S NOS. 1400, 1531, 1678

PRINTER'S NO. 2188

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1284

Session of

2023

INTRODUCED BY NEILSON, BULLOCK, MADDEN, HOHENSTEIN, McNEILL,

SANCHEZ, SOLOMON, FIEDLER, PARKER, WAXMAN, KHAN, KENYATTA,

WEBSTER, TAKAC, T. DAVIS, GREEN AND BURGOS, MAY 31, 2023

SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, AS AMENDED,

OCTOBER 24, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for enforcement of failure to stop for school bus with

flashing red lights, for automated speed enforcement systems

in active work zones and for pilot program for automated

speed enforcement system on designated highway and providing

for pilot program for automated speed enforcement systems in

designated school zones.

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN RULES OF THE ROAD IN GENERAL, FURTHER PROVIDING

FOR AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK ZONES

AND 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. Sections 3345.1, 3369(b)(1) and (2) and 3370

heading, (a), (b), (d)(2), (j)(3) introductory paragraph, (n)(2)

and (q) of Title 75 of the Pennsylvania Consolidated Statutes

are amended to read:

§ 3345.1. Enforcement of failure to stop for school bus with

flashing red lights.

(a) General rule.--A school entity may install and operate a

<--

side stop signal arm enforcement system for the purpose of

enforcing [the provisions of section 3345 (relating to meeting

or overtaking school bus) as reported under section 3345(a.1).]

this section.

(a.1) Violation and liability.--

(1) A motor vehicle meeting or overtaking a school bus

stopped on a highway or trafficway when the red signal lights

on the school bus are flashing and the side stop signal arms

are activated as described in section 3345 (relating to

meeting or overtaking school bus) is a violation of this

section.

(2) The owner of a motor vehicle that violates paragraph

(1) shall be liable for the penalty imposed under subsection

(c), unless the owner is convicted of a violation of section

3345 or has a defense under subsection (f). For the purposes

of this section, the lessee of a motor vehicle shall be

considered the owner of a leased vehicle.

(b) Applicability.--

[(1) Except as provided in paragraph (2), this section

shall apply to an owner of a motor vehicle meeting or

overtaking a school bus stopped on a highway or trafficway

when the red signal lights on the school bus are flashing and

the side stop signal arms are activated as described in

section 3345.]

(2) Nothing in this section shall supersede the

provisions of:

(i) Section 3105(h) (relating to drivers of

emergency vehicles).

(ii) Section 3345 (c) or (d).

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3345 enforced under] this section, the owner of the motor

vehicle shall be [liable] subject to a penalty as follows:

(1) The penalty for the violation shall be a [civil

penalty with a] fine of $300. The fine shall be distributed

as follows:

(i) $250 to the school district where the violation

occurred, which shall be utilized for the installation,

administration or maintenance of side stop signal arm

enforcement systems, including through a system

administrator contracted with the school district, on

school buses;

(ii) $25 to the primary police department that

reviewed the evidence package [to determine the violation

occurred] as required under subsection (h.2); and

(iii) $25 to the School Bus Safety Grant Program

Account.

(1.1) The fine under paragraph (1) 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) A rebuttable presumption shall exist that the owner

of the vehicle was the driver at the time of the alleged

violation.

(3) For each violation under this section, the owner of

the vehicle shall be liable for the fine imposed unless the

owner is convicted of the same violation under section 3345

or has a defense under subsection (f).]

(4) A violation under this section shall not:

(i) be deemed a criminal conviction;

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

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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.

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

of a certificate, based upon inspection of recorded images

produced by a side stop signal arm enforcement system and sworn

to or affirmed by a [police officer] primary police department

shall be prima facie evidence of the facts contained in it. The

school entity, the system administrator or the contracted

company that provides pupil transportation must include written

documentation that the side stop signal arm enforcement system

was operating correctly at the time of the alleged violation. A

recorded image evidencing a violation of this section [3345]

shall be admissible in any judicial or administrative proceeding

to adjudicate the liability for the violation.

(e) Limitations.--

(1) (i) Notwithstanding any other provision of law,

equipment deployed as part of a side stop signal arm

enforcement system as provided under this section must be

incapable of automated or user-controlled remote

surveillance by means of recorded video images.

(ii) Recorded images collected as part of the side

stop signal arm enforcement system may only record

violations of this section [3345] and may not be used for

any other surveillance purposes, except as permitted

under subsection (l.1) and section 3345(a.1).

(iii) Restrictions under this paragraph shall not be

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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.

(1.1) (i) To the extent practical, an automated side

stop signal arm enforcement system shall use necessary

technologies to ensure that photographs or recorded video

images produced by the system shall not identify the

driver, the passengers or the contents of the motor

vehicle.

(ii) No [notice of liability issued under] violation

of this section may be dismissed solely because a

photograph or recorded video image allows for the

identification of the driver, passengers or contents of

the motor vehicle as long as a reasonable effort has been

made to comply with this paragraph.

(2) (i) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations of [section 3345 enforced under]

this section which [is] are kept by the system

administrator, school entity, contracted company that

provides pupil transportation or primary police

department [of the police officer having the authority to

exercise police power in the area where the violation

occurred], 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

department of the police officer having the authority to

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exercise police power in the area where the violation

occurred, its authorized agents or employees and law

enforcement officials] exclusively used for the purpose

of [discharging their duties under] enforcing this

section through side stop signal arm enforcement systems.

(ii) 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.

(iii) The information may be discoverable by court

order or otherwise and may be offered in evidence in any

action or proceeding which is directly related to a

violation of [section 3345 enforced under] this section

or any other violation in connection with a criminal law

enforcement action.

(3) Images obtained through the use of a side stop

signal arm enforcement system shall be destroyed within one

year of final disposition of the recorded event. [The vendor

of a side stop signal arm enforcement system] A system

administrator contracted with a school entity shall notify

the school entity by written notice in accordance with this

section that the records have been destroyed.

(4) Notwithstanding any other provision of law,

registered motor vehicle owner information obtained as a

result of the operation of a side stop signal arm enforcement

system shall not be the property of the [manufacturer or

vendor of the] system administrator and may not be used for

any 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

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offense.

(f) Defenses.--

[(1) It shall be a defense to a prosecution using a side

stop signal arm enforcement system for a violation under

section 3345 that the person named in the citation was not

operating the vehicle at the time of the violation. The

person shall be required to submit evidence to the court that

the person was not the driver at the time of the alleged

violation.

(2) The person named in the citation shall not be

required to identify the actual driver of the vehicle at the

time the violation occurred.]

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

section that the [person] owner named in the notice of the

violation was not operating the motor 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 owner of the motor vehicle may not be required

to disclose the identity of the operator of the motor vehicle

at the time of the violation.

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

this section of a time period during which the motor 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 motor 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.

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

section that the person receiving the notice of violation was

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not the owner of the motor vehicle at the time of the

offense.

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

section that the device being used under this section was not

in compliance with the department's regulations with respect

to testing for accuracy, certification or calibration.

(g) [Approval] Agreements.--

(1) A school entity may enter into an agreement with a

[private vendor or manufacturer to provide a side stop signal

arm enforcement system on each bus within its fleet, whether

owned, contracted or leased, up to and including the

installation, operation and maintenance of the systems.]

system administrator to enforce this section through a side

stop signal arm enforcement system.

(2) Except as otherwise provided, an agreement under

[this section] paragraph (1) shall take effect in a school

entity by vote of the local board of school directors. The

meeting to consider approval of a side stop signal arm

enforcement system shall be properly noticed under 65 Pa.C.S.

Ch. 7 (relating to open meetings).

(3) A school entity shall, prior to the enforcement of

this section through a side stop signal arm enforcement

system, enter into an intergovernmental agreement with a

primary police department to fulfill the requirements of

subsection (h.2). Nothing in this paragraph shall be

construed to require a primary police department to enter

into an intergovernmental agreement with a school entity.

(4) Compensation under an agreement authorized by this

section shall not require a minimum or maximum number of

violations to be issued that would impact the compensation to

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the system administrator.

(5) The school entity, or the system administrator on

the school entity's behalf, shall provide notice through a

publicly accessible Internet website that provides program

information, number of equipped systems, program questions

and system administrator processing information. The notice

on the website shall remain publicly accessible throughout

the period of use. If the system administrator is providing

the notice on the school entity's behalf, the notice must

identify the school entity.

(6) The school entity, or the system administrator on

the school entity's behalf, shall establish an electronic

system where all violations can be viewed by the primary

police department and the hearing officer as specified in

subsection (e).

(7) The department may audit a school entity or system

administrator to ensure compliance with this section as

determined by the department.

(h) [Duty of manufacturer or vendor] Submission of violation

information.--A [manufacturer or vendor of side stop signal arm

enforcement systems] school entity, or a system administrator on

the school entity's behalf, shall submit the following

information regarding a violation of this section to the [police

or] primary police department:

(1) A copy of the recorded image showing the motor

vehicle.

(2) The license plate number and state of issuance of

the motor vehicle.

(3) The date, time and place of the alleged violation.

[(h.1) Duty of school district.--A school district may enter

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into an intergovernmental agreement with the primary police

department with authority to issue violations using an automated

side stop signal arm enforcement system. The primary police

department is the police department in any municipality in which

the school district is located. If a municipality in which the

school district where the violation occurred is located does not

have its own police department, the school district may petition

the Pennsylvania State Police for review of the evidence package

from the automated side stop signal arm enforcement system.]

(4) Not later than July 1 annually, the school entity,

or the system administrator on the school entity's behalf,

shall submit a report to the department and the Pennsylvania

State Police for the preceding calendar year. The information

shall be compiled by the department and the Pennsylvania

State Police into a report to be jointly submitted 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 by no later than December 31 annually. The

report shall be a public record under the Right-to-Know Law

and include:

(i) The name of the system administrator.

(ii) The number of school buses equipped with a side

stop signal arm enforcement system.

(iii) The number of notices of violation issued.

(iv) The amount of fines imposed and collected.

(v) The amounts paid under agreements authorized by

this section for program operations and maintenance.

(vi) Identification and results of contested

violations.

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(vii) Use of additional revenue funds from the

program.

(h.2) [Duty of police and police department.--Police

officers and police departments enforcing violations of section

3345 and using automated side stop signal arm enforcement

systems shall:] Police review required.--Upon receipt of

violation information under subsection (h), a primary police

department shall:

(1) Review submitted evidence [from the manufacturer or

vendor of a system] to determine if there is sufficient

evidence that a violation under this section [3345] occurred

and electronically certify the notice of violation.

(2) Provide information to [a] the school [district]

entity or a system administrator on the school entity's

behalf related to the [police or] primary police department's

capacity to view and authorize the notice of violation.

[(i) (Reserved).

(i.1) Notice of violation, fines and contest.--The following

shall apply:

(1) The following shall apply to notice of violation:

(i) In the case of a violation involving a 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.

(ii) In the case of vehicles registered in

jurisdictions other than this Commonwealth, the notice of

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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.

(iii) A notice of violation under this section must

be provided to an owner within 90 days of the commission

of the offense.

(iv) The notice of violation shall have attached to

it a copy of the recorded image showing the vehicle; the

registration number and state of issuance of the vehicle

registration; the date, time and place of the alleged

violation; that the violation charged is under section

3345 and instructions for return of the notice of

violation; and instructions for how to request a hearing

with the magisterial district judge for the purpose of

contesting liability or notice.

(2) The following shall apply to payment of a fine:

(i) An owner may admit responsibility for the

violation and pay the fine as indicated on the notice of

violation.

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

disposition of the civil penalty.

(iii) If payment is not received or the owner has

not contested liability within 30 days of original

notice, the police department may turn the matter over to

the Magisterial District Judge where the violation

occurred. The Magisterial District Judge may assess

liability upon the owner for failure to pay the fine or

contest liability.

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(3) The following shall apply to contesting liability or

notice:

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

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

contest the liability alleged in the notice of violation

by requesting a hearing with the magisterial district

judge where the violation occurred and completing the

payment of applicable civil filing fees.

(ii) The primary police department shall file the

notice of violation and supporting documents with the

magisterial district judge where the violation occurred

and the court shall hear and decide the matter.]

(i.2) Notice of violation.--

(1) Upon certification from a primary police department

that a violation of this section has occurred as required by

subsection (h.2), a school entity or a system administrator

on the school entity's behalf shall initiate an action to

enforce this section by sending an administrative notice of

violation to the registered owner of the motor vehicle

identified by a side stop signal arm enforcement system as

violating this section.

(2) The notice of violation shall include all of the

following:

(i) A copy of the recorded image showing the motor

vehicle.

(ii) The registration number and state of issuance

of the motor vehicle registration.

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

violation.

(iv) Certification of the alleged violation from the

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primary police department and written documentation that

the side stop signal arm enforcement system was operating

correctly at the time of the alleged violation as

required under subsection (d).

(v) Notice that the owner is charged with a

violation of this section.

(vi) Instructions for return of the notice of

violation and payment of the fine under subsection (i.3).

(vii) Instructions for contesting the violation

under subsection (i.4).

(viii) A statement that a violation under this

section:

(A) is not deemed a criminal conviction;

(B) will not be made part of the operating

record of the individual upon whom the violation of

this section is being imposed;

for insurance purposes; and

(D) does not authorize the imposition of

surcharge points in the provision of motor vehicle

insurance coverage.

(3) A notice of violation shall be sent by first class

mail as follows:

(i) 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 listed in the records of

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the department.

(ii) 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 motor vehicle.

(iii) A notice of violation under this section shall

be invalid unless provided to the registered owner within

90 days of the commission of the violation.

(iv) A manual or automatic record of mailing

prepared by a school entity or a 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 of violation.

(i.3) Payment of fine.--Payment of the fine shall be as

follows:

(1) An owner may admit responsibility for the violation

and pay the fine provided in the notice of violation

personally, through an authorized agent, electronically or by

mailing both the payment and notice of violation to the

school entity, or to a system administrator on the school

entity's behalf.

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

disposition of the violation of this section.

(3) If payment is not received within 90 days of mailing

of the notice of violation, the school entity or a system

administrator on the school entity's behalf may turn the

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matter over to applicable credit collection agencies.

(i.4) Contest of violation.--The procedure for contesting a

violation of this section shall be as follows:

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

notice of violation, request a hearing to contest liability

either personally or by an authorized agent or by mailing a

request in writing on the prescribed form or electronically .

A hearing to contest liability may be in person or be

conducted through live-stream synchronous video conferencing

or similar virtual presence technology and shall be only at

the locations and times set by school entity or the system

administrator on the school entity's behalf.

(2) Upon receipt of a hearing request, the school entity

or the system administrator on the school entity's behalf

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 shall 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 under paragraph (4).

(4) If the owner requests in writing an appeal of the

decision of the hearing officer, the school entity or the

system administrator on the school entity's behalf 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. A

magisterial district judge shall be restricted to finding an

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owner liable or not liable for violating this section, and

shall not assign damages to an owner or otherwise impose

penalties on primary police departments, police officers,

school entities or system administrators.

(5) The school entity or system administrator on the

school entity's behalf shall reimburse the department for the

actual cost of the hearing officer designated under paragraph

(2).

(j) Department approval.--

(1) No side stop signal arm 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.

(2) Any system installed prior to the effective date of

this paragraph shall obtain department approval within six

months of the effective date of the temporary regulations

promulgated under paragraph (3).

(3) In order to facilitate the prompt implementation of

this section, regulations promulgated by the department under

this section during the two years following the effective

date of this section shall be deemed temporary regulations,

which shall expire no later than [five] seven years following

the effective date of this section or upon promulgation of

final regulations. The temporary regulations shall not be

subject to:

(i) 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.

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

known as the Regulatory Review Act.

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(iii) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

(k) School Bus Safety Grant Program.--

(1) The School Bus Safety Grant Program Account is

established as a restricted account in the General Fund.

Money in the account is appropriated on a continuing basis to

the department for grants under this subsection.

(2) The surcharge established under section 3345(j) and

the portion of the fine established under subsection (c)(1)

(iii) shall be deposited into the account and shall be used

by the department to implement the School Bus Safety Grant

Program[, which is established to promote and increase school

bus safety, education and training throughout this

Commonwealth]. The department shall award school bus safety

grants on a competitive basis[.] for the following purposes:

(i) To promote and increase school bus safety,

education and training throughout this Commonwealth.

(ii) To reimburse or pay for, in whole or in part,

education, training and other associated costs related to

the issuance of a commercial learner's permit, commercial

driver's license or school bus endorsement by the

department to an individual for the purpose of driving a

school bus in this Commonwealth.

(3) The department may pay any actual administrative

costs arising from the administration of this section out of

the fines deposited into the account. [Independent school bus

contractors and school entities are eligible for the grant.]

The department shall develop a uniform application process

and regulations to administer the grant program.

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(4) Independent school bus contractors and school

entities are eligible for grants under this subsection.

(l) Contracted companies.--

(1) No contracted company that provides pupil

transportation shall be liable if a side stop signal arm

enforcement system is vandalized or otherwise malfunctions.

(2) Nothing in this section shall be construed to

require a contracted company that provides pupil

transportation to take a school bus out of service due to a

nonfunctioning side stop signal arm enforcement system,

except that a contracted company shall allow the

[manufacturer or vendor of the side stop signal arm

enforcement system] school entity or a system administrator

on the school entity's behalf access to the school bus for

the purpose of repairing and maintaining a side stop signal

arm enforcement system when the school bus is not in service

at a time mutually agreeable to the contractor and [vendor]

school entity or a system administrator on the school

entity's behalf.

(3) Independent school bus contractors shall not be held

responsible for costs associated with the side stop signal

arm enforcement system, including, but not limited to,

installation, maintenance, repair, replacement or removal of

the system.

(l.1) Construction.--Nothing in this section shall be

construed to prohibit:

(1) A school entity from supplying information captured

by a side stop signal arm enforcement system, including

photographs or recorded video images, with a written report

submitted by an operator of a school bus to a police officer

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under section 3345(a.1).

(2) Information captured by a side stop signal arm

enforcement system from being admissible in a judicial

proceeding adjudicating a violation of section 3345.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Local board of school directors." A board of directors or

other governing authority of a school entity.

["Manufacturer" or "vendor." A company that creates, owns or

has a license or permission to sell, lease or distribute a side

stop signal arm enforcement system.]

"Primary police department." Either of the following:

(1) The local police department of the municipality in

which a school entity is located if the municipality has a

police department with authority to issue citations for

violations of this title.

(2) The Pennsylvania State Police if the municipality in

which a school entity is located does not have a police

department with authority to issue citations for violations

of this title.

"Pupil transportation." The transport of resident pupils of

a school district to and from preprimary, primary or secondary

schools and students to or from public, private or parochial

schools. The term does not include transportation for field

trips.

"School entity." A school district, area career and

technical school, intermediate unit, charter school, regional

charter school or cyber charter school.

"Side stop signal arm enforcement system" or "system." A

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camera system installed on a school bus with two or more camera

sensors and computers that produce recorded video and two or

more film or digital photographic still images of a motor

vehicle being used or operated in a manner that violates this

section [3345].

"Side stop signal arms." As described in section 4552(b.1)

(relating to general requirements for school buses).

"System administrator." A person that creates, owns or has a

license or permission to sell, lease, distribute or administer a

side stop signal arm enforcement system that, consistent with

the requirements of this section, is contracted by a school

entity to:

(1) Provide for the installation, operation and

maintenance of a side stop signal arm enforcement system on

one or more school buses within a school entity's fleet,

regardless of whether a school bus is owned, contracted or

leased by the school entity.

(2) Administer the enforcement of a violation of this

section through a side stop signal arm enforcement system on

a school entity's behalf as permitted by this section,

including maintaining and transmitting records, mailing

violation notices, processing violations and collecting fines

and administering contests of violations.

§ 3369. Automated speed enforcement systems in active work

zones.

* * *

(b) Applicability.--This section shall apply to Federal aid

highways only under the jurisdiction of the department and the

Pennsylvania Turnpike Commission. An automated speed enforcement

system may not be used unless:

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(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[.] and at least one of the warning signs is affixed with

flashing lights that are lit at all times when the automated

speed enforcement system is active.

(2) At least one of the signs under paragraph (1):

(i) indicates if the automated speed enforcement

system is active or not active[.]; and

(ii) is placed at least 1,000 feet before the active

work zone, unless the department determines that a lesser

distance is necessary to ensure the safety of the work

zone, comply with Federal regulations or provide adequate

traffic control in the work zone. If the department

determines that a lesser distance is necessary under this

subparagraph, the department shall place the sign prior

to the active work zone at a distance that provides

motorists with the maximum feasible advanced notification

of the automated speed enforcement system prior to

entering the active work zone.

* * *

§ 3370. [Pilot program for automated speed enforcement system

on designated highway] Automated speed enforcement

systems on designated highways.

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

provide for an automated speed enforcement system on the

designated highway.]

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3362 (relating to

maximum speed limits) by recording violations using an

20230HB1284PN2188 - 22 -

automated speed 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 of Transportation. [using the

automated speed enforcement system on U.S. Route 1 (Roosevelt

Boulevard) between Ninth Street and the Philadelphia County

line shared with Bucks County.]

(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). For the purposes of this section, the lessee of a vehicle

shall be considered the owner of a leased vehicle.

* * *

(d) Penalty.--The following shall apply:

* * *

(2) A penalty is authorized only for a violation of this

section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end and at two-

mile intervals of the designated highway notifying the

public that an automated speed enforcement device is in

use.

(ii) 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 use.

(iii) Prior to passage of the ordinance under

subsection (a), the governing body of a city of the first

20230HB1284PN2188 - 23 -

class gave public notice of the governing body's intent

to adopt the ordinance and conducted at least one

opportunity for public comment regarding the proposed

adoption of the ordinance. The requirement under this

subparagraph shall not apply to an automated speed

enforcement system in a city of the first class

authorized prior to the effective date of this

subparagraph.

* * *

(j) System administrator.--The following shall apply:

* * *

(3) Not later than [April] September 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:

* * *

(n) Hearing.--The following shall apply:

* * *

(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 must be sent by first

class mail to the owner. A hearing to contest liability may

be in person or be conducted through live-stream synchronous

video conferencing or similar virtual presence technology and

20230HB1284PN2188 - 24 -

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

administrator.

* * *

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

its effective date.]

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

§ 3 371. Pilot program for automated speed enforcement systems

in designated school zones.

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

for an automated speed enforcement system in designated school

zones. The following shall apply:

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3365(b) (relating

to special speed limitations) by recording violations using

an automated speed 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.

(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). For the purposes of this section, the lessee of a vehicle

shall be considered the owner of a leased vehicle.

of a certificate, based upon inspection of recorded images

produced by an automated speed enforcement system and sworn to

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

first class shall be prima facie evidence of the facts contained

20230HB1284PN2188 - 25 -

in it. The city must include written documentation that the

automated speed enforcement system was operating correctly at

the time of the alleged violation. A recorded image evidencing a

violation of section 3365(b) 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 apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end of the

designated school zone notifying the public that an

automated speed enforcement device is in use.

(ii) 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 use.

(iii) The designated school zone is active as

indicated by an official traffic-control device with a

posted speed limit of no greater than 15 miles per hour.

(iv) Prior to passage of the ordinance under

subsection (a), the governing body of a city of the first

class gave public notice of the governing body's intent

to adopt the ordinance and conducted at least one

opportunity for public comment regarding the proposed

20230HB1284PN2188 - 26 -

adoption of the ordinance.

(3) A fine is not authorized during the first 30 days of

operation of an automated speed 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 speed 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 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. Penalties 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.).

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

in a designated school zone by 11 miles per hour or more is a

violation of this section.

(f) Limitations.--The following shall apply:

(1) No automated speed 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 speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means of

20230HB1284PN2188 - 27 -

recorded video images. Recorded images collected as part of

the automated speed enforcement system must 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 set

forth in 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 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. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

20230HB1284PN2188 - 28 -

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 speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

recorded event except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended by

court order. 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 speed enforcement system under

this section shall not be the property of the manufacturer or

vendor of the automated speed enforcement system and may not

be used for any purpose other than as 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

20230HB1284PN2188 - 29 -

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 pursuant

to 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.

(4) 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.

(h) Department approval.--The following shall apply:

(1) No automated speed 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 the systems which regulations may include the use of

radio-microwave devices, commonly referred to as electronic

speed meters or radar, or light detection and ranging

devices, commonly referred to as LIDAR, in their operations.

(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

20230HB1284PN2188 - 30 -

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 speed enforcement

system unless there is posted an appropriate sign in a

conspicuous place before the area in which the automated

speed enforcement device is to be used notifying the public

that an automated speed enforcement device is in use

immediately ahead.

(2) The city shall designate or appoint the Philadelphia

Parking Authority as the system administrator to supervise

and coordinate the administration of notices of violation

issued under this section. 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 on the quantity of notices of violation

issued or amount of fines imposed or generated.

(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 speed enforcement

system as evidence of a violation of section 3362 (relating

to maximum speed limits). The notice of violation must be

issued 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 the following

attached to it:

(i) a copy of the recorded image showing the

vehicle;

(ii) the registration number and state of issuance

20230HB1284PN2188 - 31 -

of the vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3365(b); 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

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 September 1 annually, the system

administrator shall submit an annual report 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 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 regarding the speeds of vehicles in the enforcement

area.

(ii) A compilation of penalties paid and

outstanding.

20230HB1284PN2188 - 32 -

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

manufacturer under this section.

(iv) The number of vehicular accidents and related

serious injuries and deaths in the designated school

zones.

(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

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 violat ion 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.--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.

20230HB1284PN2188 - 33 -

(2) Payment must 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 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

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited into the fund under this paragraph shall be used by

the department for a Transportation Enhancement Grants

Program as established by section 3116 (relating to automated

red light enforcement systems in first class cities). The

department shall award transportation enhancement grants on a

competitive basis. The department may pay actual

administrative costs arising from the department's

administration of this section. The department may not

reserve, designate or set aside a specific level of funds or

percentage of funds to an applicant prior to the completion

of the application process, nor may the department designate

a set percentage of funds to an applicant. Grants shall be

awarded by the department based on the majority vote of a

selection committee consisting of four representatives of the

department appointed by the secretary and four members

appointed by the mayor of the city of the first class, with

the secretary or a designee of the secretary serving as

chairperson. Priority shall be given to applications seeking

grant funds for transportation enhancements in the

municipality where the automated speed camera system is

operated.

20230HB1284PN2188 - 34 -

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(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 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 first class. Written notice of

the date, time and place of hearing must be sent by first

class mail to the owner. A hearing to contest liability may

be in-person or be conducted through live-stream synchronous

video conferencing or similar virtual presence technology and

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

administrator.

(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 speed 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 speed enforcement system may not be based upon the

20230HB1284PN2188 - 35 -

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 speed enforcement system.

(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 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 next available issue of the Pennsylvania Bulletin when the

automated speed enforcement system is operational in the

designated school zones under 75 Pa.C.S. § 3371.

Section 4. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i)

The amendment of 75 Pa.C.S. § 3370(q).

(ii) Section 3 of this act.

(iii) This section.

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

effect 60 days after the publication in the Pennsylvania

Bulletin under section 3 of this act.

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

days.

SECTION 1. SECTIONS 3369(K) AND 3370(Q) OF TITLE 75 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

20230HB1284PN2188 - 36 -

<--

§ 3369. AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK

ZONES.

* * *

[(K) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

THE EFFECTIVE DATE OF THIS SECTION.]

§ 3370. PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM ON

DESIGNATED HIGHWAY.

* * *

[(Q) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

ITS EFFECTIVE DATE.]

SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

20230HB1284PN2188 - 37 -