Amendment 3785 to Senate Bill 172 P.N. 1067, Regular Session 2017-2018

S0172B1067A03785 BIL:CMD 10/11/17 #90 A03785

AMENDMENTS TO SENATE BILL NO. 172

Sponsor: REPRESENTATIVE MARSHALL

Printer's No. 1067

Amend Bill, page 1, lines 3 through 5, by striking out "in

rules of the road in general, further" in line 3 and all of

lines 4 and 5 and inserting

in rules of the road in general, providing for pilot program

for automated speed enforcement system in highway work zones.

Amend Bill, page 1, line 9, by striking out "definitions" and

inserting

a definition

Amend Bill, page 2, lines 6 through 30; pages 3 through 13,

lines 1 through 30; page 14, lines 1 through 12; by striking out

all of said lines on said pages and inserting

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

§ 3369. Pilot program for automated speed enforcement system in

highway work zones.

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

for an automated speed enforcement system in work zones on State

highways. The following apply:

(1) The department, following promulgation of

regulations, 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 on Federal aid

highways and the Pennsylvania Turnpike in areas agreed upon

by the system administrator and the secretary using an

automated speed enforcement system.

(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).

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 shall be prima facie evidence of

the facts contained in it. The system administrator 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 $40.

(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 work 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 a

publicly accessible Internet website throughout the

period of use.

(3) A fine is not authorized during the first 10 days of

operation of an automated speed enforcement system in each

separate highway work zone.

(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 10 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 work 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

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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 department, Pennsylvania Turnpike Commission or system

administrator or their 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, Pennsylvania Turnpike Commission and system

administrator, their authorized agents and employees and law

enforcement officials for the purpose of discharging their

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, nor shall it be offered in evidence in any action

or proceeding which is not directly related to a violation of

this section. 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 this Commonwealth 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 department 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 prescribed in this

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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

owner of the vehicle shall not be required 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.--No automated speed enforcement

system may be used without the approval of the department. The

department shall have the authority to promulgate regulations

for the certification and use of the systems, which 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.

Notwithstanding any other provision of law, these devices shall

be tested for accuracy at regular intervals as designated by

regulation of the department.

(i) Procedure.--The following shall apply:

(1) An automated speed enforcement system may not be

used 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 department and the Pennsylvania Turnpike

Commission shall designate or appoint a system administrator

or system administrators to supervise and coordinate the

administration of notices of violation issued under this

section.

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(3) A 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) A 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

work 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

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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.

(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. A hearing request form may be included with or as

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part of the notice of violation.

(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 department. Written notice of the date,

time and place of hearing must be sent by first class mail to

the owner. The system administrator shall establish

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.

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

the effective date of regulations promulgated by the department

under this section.

Section 3. The Secretary of Transportation and the Chief

Executive Officer of the Pennsylvania Turnpike Commission shall

publish a notice 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 4. 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(e) shall take

effect 60 days after publication in the Pennsylvania Bulletin

of the notice under section 3.

(3) The remainder of this act shall take effect

immediately.

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