S0172B1866A08915 MSP:EJH 06/21/18 #90 A08915
AMENDMENTS TO SENATE BILL NO. 172
Sponsor: SENATOR McGARRIGLE
Printer's No. 1866
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in rules of the road in general, further
providing for speed timing devices and providing for
automated speed enforcement systems in active work zones and
establishing a pilot program for automated speed enforcement
system on designated highway.
Amend Bill, page 1, lines 9 through 18; pages 2 through 23,
lines 1 through 30; page 24, lines 1 through 25; by striking out
all of said lines on said pages and inserting
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Automated speed enforcement system." An electronic traffic
sensor system that:
(1) is able to automatically detect vehicles exceeding
the posted speed limit with a type of speed timing device;
(2) produces a recorded image that shows:
(i) a clear and legible identification of only the
vehicle's license plate;
(ii) location; and
(iii) date and time.
"Automated speed enforcement work area." The portion of an
active work zone where construction, maintenance or utility
workers are located on the roadway, berm or shoulder and workers
are adjacent to an active travel lane and where an automated
speed enforcement system is active. For the purposes of this
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definition, workers shall also be considered adjacent to an
active travel lane where workers are present and are protected
by a traffic barricade.
* * *
Section 2. Section 3368(c)(2) of Title 75 is amended,
subsection (c) is amended by adding a paragraph and the section
is amended by adding a subsection to read:
§ 3368. Speed timing devices.--
* * *
(c) Mechanical, electrical and electronic devices
authorized.--
* * *
(2) Except as otherwise provided in paragraph (3),
electronic devices such as radio-microwave devices
[(commonly], commonly referred to as electronic speed meters
or [radar)] radar, may be used only as part of an automated
speed enforcement system or by members of the Pennsylvania
State Police.
* * *
(5) Light detection and ranging devices, commonly
referred to as LIDAR, may be used only as part of an
automated speed enforcement system or by members of the
Pennsylvania State Police.
* * *
(f) LIDAR testing and calibration.--
(1) The department may, upon publication in the
Pennsylvania Bulletin, provide that LIDAR speed measuring
devices and LIDAR systems shall be calibrated and tested
using the testing procedures in department regulation.
(2) LIDAR speed measuring devices and LIDAR systems
shall be calibrated and tested every 365 days at a minimum
before being utilized by the Pennsylvania State Police or as
part of an automated speed enforcement system.
(3) The certification that the LIDAR device and system,
as applicable, have been tested and found to be accurate
shall create a presumption that the requirements of this
subsection have been fulfilled.
(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"LIDAR." The technology of measuring target range using
reflected light to determine target range and speed from the
time-of-flight of laser pulses.
"LIDAR speed-measuring device." Speed-measuring
equipment that determines target range and speed based on the
time-of-flight of laser light pulses reflected off a target.
"LIDAR system." A LIDAR speed-measuring device that
incorporates additional equipment that is used to gather,
process and record images, as applicable, to be used as part
of speed enforcement efforts.
Section 3. Title 75 is amended by adding sections to read:
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§ 3369. Automated speed enforcement systems in active work
zones.
(a) Establishment.--A program is established to provide for
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:
(1) At least two appropriate warning signs are
conspicuously placed before the active work zone notifying
the public that an automated speed enforcement device is in
use.
(2) A notice identifying the location of the automated
speed enforcement system is posted at the active work zone
and on the department's or Pennsylvania Turnpike Commission's
publicly accessible Internet website. The notice on the
websites shall remain throughout the period of use.
(c) Liability.--Driving in excess of the posted speed limit
in an automated speed enforcement work area by at least 11 miles
per hour is a violation of this section.
(c.1) 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 provision of this title or has a defense
under subsection (g).
(d) Notice of violation.--
(1) (i) An action to enforce this section shall be
initiated by an administrative notice of violation to the
registered owner of a vehicle identified by an automated
speed enforcement system as violating this section. A
notice of violation based upon inspection of recorded
images produced by an automated speed enforcement system
and sworn or affirmed by an authorized 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, the Pennsylvania Turnpike Commission 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 to be
operating properly.
(iii) An automated speed enforcement system operator
shall complete training offered by the manufacturer of
the automated speed enforcement system, including
training on any devices critical to the operation of the
system, or the manufacturer's representative in the
procedures for setting up, testing and operating an
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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;
(C) shall be kept on file; and
(D) shall be admitted in any proceeding for a
violation involving an automated speed enforcement
system device.
(iv) An automated speed enforcement system device
shall undergo an annual calibration check performed by a
calibration laboratory. The calibration laboratory shall
issue a signed certificate of calibration after the
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.
(C) 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 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
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the department.
(3) In the case of a violation involving a motor vehicle
registered in a jurisdiction other than this Commonwealth,
the notice of violation shall be mailed within 30 days after
the discovery of the identity of the registered owner to the
address of the registered owner as listed in the records of
the official in the jurisdiction having charge of the
registration of the vehicle.
(4) A notice of violation shall be invalid unless
provided to an owner within 90 days of the offense.
(5) The notice shall include the following text:
This notice shall be returned personally, by mail or by
an agent duly authorized in writing, within 30 days of
issuance. A hearing may be obtained upon the written
request of the registered owner.
(6) Notice of violation must be sent by first class
mail. A manual or automatic record of mailing prepared by the
system administrator in the ordinary course of business shall
be prima facie evidence of mailing and shall be admissible in
a judicial or administrative proceeding as to the facts
contained in the notice.
(e) Penalty.--
(1) The penalty of a violation under this section shall
be a fine of $75 for the first offense and $150 for the
second 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.).
(2) The fine is not authorized during times when the
automated speed enforcement work area is not active.
(3) 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.
(f) Limitations.--
(1) Recorded images collected as part of the automated
speed enforcement system may record only violations of this
section and may not be used for any other surveillance
purposes. The restrictions 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
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is kept by the Commonwealth, its authorized agents or its
employees, including recorded images, written records,
reports or facsimiles, names and addresses, shall be for the
exclusive purpose of discharging its duties under this
section. The information shall not be deemed a public record
under the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law. The information shall not be
discoverable by court order or otherwise or be admissible as
evidence in a proceeding except to determine liability under
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 automated speed enforcement work
areas 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, the Pennsylvania
Turnpike Commission or the system administrator shall retain
evidence that the records have been 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 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.
(g) Defenses.--
(1) It shall be a defense to a violation under this
section that the vehicle was reported to a police department
as stolen prior to the time the violation occurred and was
not recovered prior to that time.
(2) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
not the owner of the vehicle at the time of the offense.
(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.
(h) Authority and duties of department and Pennsylvania
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Turnpike Commission.--
(1) The department and Pennsylvania Turnpike Commission
shall establish a five-year automated speed enforcement
system program not later than 18 months following the
effective date of this section.
(2) (i) The department and Pennsylvania Turnpike
Commission may promulgate regulations for the
certification and the use of automated speed enforcement
systems.
(ii) In order to facilitate the prompt
implementation of this section, regulations promulgated
by the department and Pennsylvania Turnpike Commission
under this section shall be deemed temporary regulations
and not subject to:
(A) Sections 201, 202, 203, 204 and 205 of the
act of July 31, 1968 (P.L.769, No.240), referred to
as the Commonwealth Documents Law.
(B) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(C) Section 204 (b) of the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) (i) The department and Pennsylvania Turnpike
Commission 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 system 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 and Pennsylvania Turnpike Commission,
respectively. The system administrator of the department
or Pennsylvania Turnpike Commission, if any, shall send
an invoice to the department or Pennsylvania Turnpike
Commission based, respectively, on the services under
subparagraph (i) and the Pennsylvania State Police under
subsection (d)(1)(i). The department, Pennsylvania
Turnpike Commission and the Pennsylvania State Police
shall use the appropriate restricted account to pay for
the administration of the pilot program and the system
administrator's invoice costs, if applicable. Remaining
fines shall be allocated by the department or
Pennsylvania Turnpike Commission for the first three
years as follows:
(A) Forty-five percent of the fines from
violations occurring in an automated speed
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enforcement work area 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 funds shall be
dedicated and used for the purpose of recruiting,
training or equipping Pennsylvania State Police
Cadets.
(II) Forty-five percent of the funds shall
be dedicated and used to pay for an increased
Pennsylvania State Trooper presence in work zones
on the State road system managed by the
department or the Pennsylvania Turnpike
Commission. Funds under this subclause shall be
in addition to any contractual agreement between
the department or the Pennsylvania Turnpike
Commission and the Pennsylvania State Police for
enforcement in work zones on the State road
system managed by the department or the
Pennsylvania Turnpike Commission.
(B) Fifteen percent of the fines from violations
occurring in an automated speed enforcement work area
shall be transferred to the department or the
Pennsylvania Turnpike Commission, whichever State
road system utilized the automated speed enforcement
system, for the purpose of work zone safety, traffic
safety and educating the motoring public on work zone
safety, at the discretion of the department or
Pennsylvania Turnpike Commission.
(C) Forty percent of the fines from violations
occurring in an automated speed enforcement work area
shall be deposited in the Motor License Fund and
shall be appropriated by the General Assembly.
(iv) Remaining fines shall be allocated by the
department or Pennsylvania Turnpike Commission for the
last two years to develop a Work Zone and Highway Safety
Program. At a minimum, funds from the Work Zone and
Highway Safety Program shall be used for improvement
projects and countermeasures to improve the safety in
work zones and on highways. 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 funds under subparagraph (iii)
(A) is lower than the amount of funds under subparagraph
(iii)(A) for the previous fiscal year, funds from the
Motor License Fund may not be used to supplement the
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funds for the current fiscal year. Funding 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) I f the five-year program is not extended by the
General Assembly, any remaining fines remitted to the
department or Pennsylvania Turnpike Commission shall be
used as provided under subparagraph (iv).
(vii) The system administrator shall provide an
appropriate printed form by which owners may challenge a
notice of violation and convenient hearing hours and
times in each of the following metropolitan areas for
challenges to be heard as provided in this section: Erie,
Harrisburg, Philadelphia, Pittsburgh and Scranton. the
form may be included with or as part of the notice of
violation.
(4) Not later than April 1 annually, the department, the
Pennsylvania Turnpike Commission 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 include:
(i) The number of vehicular accidents and related
serious injuries and deaths in all work zones and in
automated speed enforcement work areas 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 work zones that were provided as a
result of the funds under paragraph (3)(iii)(A)(II).
(vii) Use of funds under paragraph (3)(iv).
(i) Payment of fine.--
(1) An owner may admit responsibility for the violation
and pay the fine provided in the notice personally, through
an authorized agent, electronically or by mailing both
payment and the notice of violation to the system
administrator.
(2) Payment by mail must be made only by money order,
credit card or check made payable to the Commonwealth, the
Pennsylvania Turnpike Commission or the system administrator,
as applicable.
(3) Payment of the fine shall operate as a final
disposition of the case.
(4) If payment is not received within 90 days of
original notice, the department or Pennsylvania Turnpike
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Commission may turn the matter over to applicable credit
collection agencies.
(j) Contest.--
(1) An owner may, within 30 days of the mailing of the
notice, request a hearing to contest liability by appearing
before the system administrator either personally or by an
authorized agent or by mailing a request in writing on the
prescribed form. Appearances in person shall be only at the
locations and times set by the system administrator.
(2) Upon receipt of a hearing request, the system
administrator shall in a timely manner schedule the matter
before a hearing officer designated by the department or
Pennsylvania Turnpike Commission. Written notice of the date,
time and place of hearing must be presented or sent by first
class mail to the owner.
(3) The hearing shall be informal and the rules of
evidence shall not apply. The decision of the hearing officer
shall be final, subject to the right of the owner to appeal
the decision.
(4) If the owner requests in writing that the decision
of the hearing officer be appealed, the system administrator
shall file the notice of violation and supporting documents
with the office of the magisterial district judge for the
magisterial district where the violation occurred, and the
magisterial district judge shall hear and decide the matter
de novo.
(k) Expiration.--This section shall expire five years from
the effective date of this section.
§ 3370. Pilot program for automated speed enforcement system on
designated highway.
(a) General rule.--A pilot program is established to provide
for an automated speed enforcement system on the designated
highway.
(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
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).
(c) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
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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
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 3362 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 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.
(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
along the designated highway 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.
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(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
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
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
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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 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
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.--
(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
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
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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.
(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. 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
of the vehicle registration;
(iii) the date, time and place of the alleged
violation;
(iv) notice that the violation charged is under
section 3362; 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 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 regarding the speeds of vehicles in the enforcement
area.
(ii) A compilation of penalties paid and
outstanding.
(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 along the designated highway.
(k) Notice to owner.--In the case of a violation involving a
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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 violation must
be sent by first class mail. A manual or automatic record of
mailing prepared by the system administrator in the ordinary
course of business shall be prima facie evidence of mailing and
shall be admissible in any judicial or administrative proceeding
as to the facts contained in it.
(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 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 in 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
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grant funds for transportation enhancements in the
municipality where the automated speed camera system is
operated.
(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.
(3) The hearing shall be conducted pursuant to 2 Pa.C.S.
Ch. 5 (relating to practice and procedure) and will 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
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
its effective date.
Section 4. The Secretary of Transportation and the Chief
Executive Officer of the Pennsylvania Turnpike Commission shall
transmit a notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin when the automated
speed enforcement system is operational along the designated
highway work zones under 75 Pa.C.S. § 3369.
Section 5. The Secretary of Transportation shall transmit a
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin when the automated speed enforcement
system is operational along the designated highway under 75
Pa.C.S. § 3370.
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Section 6. This act shall take effect as follows:
(1) Except as set forth in paragraph (2), the addition
of 75 Pa.C.S. § 3369 shall take effect in 120 days.
(2) The addition of 75 Pa.C.S. § 3369(c) shall take
effect 60 days after publication in the Pennsylvania Bulletin
of the notice under section 4.
(3) Except as set forth in paragraph (4), the addition
of 75 Pa.C.S. § 3370 shall take effect in 60 days.
(4) The addition of 75 Pa.C.S. § 3370(e) shall take
effect 60 days after publication in the Pennsylvania Bulletin
of the notice under section 5.
(5) The following provisions shall take shall take
effect immediately:
(i) This section.
(ii) The remainder of this act.
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See A08915 in
the context
of SB0172