SENATE AMENDED

 

PRIOR PRINTER'S NOS. 1764, 2817

PRINTER'S NO.  2838

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1458

Session of

2011

  

  

INTRODUCED BY TALLMAN, BEAR, COHEN, D. COSTA, CUTLER, DAY, DeLUCA, DONATUCCI, GILLEN, GODSHALL, GROVE, HAHN, HEFFLEY, JOSEPHS, MILLER, MOUL, MURPHY, MURT, PASHINSKI, PYLE, K. SMITH, WATSON AND DENLINGER, MAY 4, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 7, 2011   

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, in general provisions, further providing for

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3

definitions; in registration of vehicles, further providing

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4

for display of registration plate; in drivers' licenses,

5

further providing for judicial review and for cancellation;

6

in commercial drivers, further providing for definitions and

7

for requirement, providing for certification requirements,

8

for medical certification and for noncompliance and further

9

providing for license and for disqualification; in general

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10

provisions, further providing for automated red light

11

enforcement systems in first class cities and providing for

12

automated red light enforcement in certain cities; and, in

13

State and local administration, further providing for

14

nonreciprocity of operational limitations.

15

The General Assembly of the Commonwealth of Pennsylvania

16

hereby enacts as follows:

17

Section 1.  Section 6154 of Title 75 of the Pennsylvania

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18

Consolidated Statutes is amended to read:

19

Section 1.  The definition of "emergency vehicle" in section

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20

102 of Title 75 of the Pennsylvania Consolidated Statutes is

21

amended to read:

22

§ 102.  Definitions.

 


1

Subject to additional definitions contained in subsequent

2

provisions of this title which are applicable to specific

3

provisions of this title, the following words and phrases when

4

used in this title shall have, unless the context clearly

5

indicates otherwise, the meanings given to them in this section:

6

* * *

7

"Emergency vehicle."  A county emergency management vehicle,

8

fire department vehicle, police vehicle, sheriff vehicle,

9

ambulance, advanced life support squad vehicle, basic life

10

support squad vehicle, blood delivery vehicle, human organ

11

delivery vehicle, hazardous material response vehicle, armed

12

forces emergency vehicle, one vehicle operated by a coroner or

13

chief county medical examiner and one vehicle operated by a

14

chief deputy coroner or deputy chief county medical examiner

15

used for answering emergency calls, a vehicle owned by or leased

16

to a regional emergency medical services council that is used as

17

authorized by the Department of Health to respond to an actual

18

or potential disaster, mass casualty situation or substantial

19

threat to public health, any vehicle owned and operated by the

20

Philadelphia Parking Authority established in accordance with 53

21

Pa.C.S. Ch. 55 (relating to parking authorities) and used in the

22

enforcement of 53 Pa.C.S. Ch. 57 (relating to taxicabs and

23

limousines in first class cities), or any other vehicle

24

designated by the State Police under section 6106 (relating to

25

designation of emergency vehicles by Pennsylvania State Police),

26

or a privately owned vehicle used in answering an emergency call

27

when used by any of the following:

28

(1)  A police chief and assistant chief.

29

(2)  A fire chief, assistant chief and, when a fire

30

company has three or more fire vehicles, a second or third

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1

assistant chief.

2

(3)  A fire police captain and fire police lieutenant.

3

(4)  An ambulance corps commander and assistant

4

commander.

5

(5)  A river rescue commander and assistant commander.

6

(6)  A county emergency management coordinator.

7

(7)  A fire marshal.

8

(8)  A rescue service chief and assistant chief.

9

* * *

10

Section 1.1.  Sections 1332(b)(2), 1550(a), (b)(1)(ii) and

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11

(c) and 1572(a)(1)(ii) of Title 75 are amended to read:

12

§ 1332.  Display of registration plate.

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13

* * *

14

(b)  Obscuring plate.--It is unlawful to display on any

15

vehicle a registration plate which:

16

* * *

17

(2)  is obscured in any manner which inhibits the proper

18

operation of an automated red light enforcement system in

19

place pursuant to section 3116 (relating to automated red

20

light enforcement systems in first class cities) or 3117

21

(relating to automated red light enforcement systems in

22

certain cities); or

23

* * *

24

§ 1550.  Judicial review.

25

(a)  General rule.--Any person who has been denied a driver's

26

license, whose driver's license has been canceled, whose

27

commercial driver's license designation has been removed or

28

whose operating privilege has been recalled, suspended, revoked

29

or disqualified by the department shall have the right to appeal

30

to the court vested with jurisdiction of such appeals by or

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1

pursuant to Title 42 (relating to judiciary and judicial

2

procedure). The appellant shall serve a copy of the petition for

3

appeal, together with a copy of the notice of the action from

4

which the appeal has been taken, upon the department's legal

5

office.

6

(b)  Supersedeas.--

7

(1)  * * *

8

(ii)  The filing and service of a petition for appeal

9

from denial, recall, suspension or cancellation of a

10

driver's license or from removal of the commercial driver

11

license designation under section 1503 (relating to

12

persons ineligible for licensing; license issuance to

13

minors; junior driver's license), 1504 (relating to

14

classes of licenses), 1509 (relating to qualifications

15

for school bus driver endorsement), 1514 (relating to

16

expiration and renewal of drivers' licenses), 1519

17

(relating to determination of incompetency) [or], 1572

18

(relating to cancellation of driver's license) or 1609.3

19

(relating to noncompliance with certification

20

requirements) shall not act as a supersedeas unless

21

ordered by the court after a hearing attended by the

22

petitioner.

23

* * *

24

(c)  Proceedings of court.--The court shall set the matter

25

for hearing upon 60 days' written notice to the department and

26

determine whether:

27

(1)  the petitioner's driver's license should be denied

28

or canceled[,];

29

(2)  the petitioner's operating privilege should be

30

suspended, revoked or recalled; or

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1

(3)  the petitioner's endorsement or commercial driver

2

license designation should be removed.

3

* * *

4

§ 1572.  Cancellation of driver's license.

5

(a)  General rule.--

6

(1)  The department may cancel any driver's license upon

7

determining that one of the following applies:

8

* * *

9

(ii)  The person failed to give the required or

10

correct information on an application or certification or

11

committed fraud in making the application or in obtaining

12

the license.

13

* * *

14

Section 2.  Section 1603 of Title 75 is amended by adding a

15

definition to read:

16

§ 1603.  Definitions.

17

The following words and phrases when used in this chapter

18

shall have the meanings given to them in this section unless the

19

context clearly indicates otherwise:

20

* * *

21

"Medical examiner."  An individual who is licensed, certified

22

or registered, in accordance with applicable statutes and

23

regulations, to perform physical examinations. The term includes

24

a doctor of medicine, an osteopath, a physician assistant, an

25

advanced practice nurse and a doctor of chiropractic.

26

* * *

27

Section 3.  Section 1606(b) of Title 75 is amended by adding

28

a paragraph to read:

29

§ 1606.  Requirement for commercial driver's license.

30

* * *

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1

(b)  Exemptions.--The following persons are not required to

2

obtain a commercial driver's license in order to drive the

3

commercial motor vehicle specified:

4

* * *

5

(7)  An employee of a county emergency management

6

organization who is the holder of a Class C license and who

7

has a certificate of authorization from the head of the

8

county emergency management organization while operating any

9

emergency vehicle equipped with audible and visual signals

10

registered to the county or county emergency management

11

organization.

12

* * *

13

Section 4.  Title 75 is amended by adding sections to read:

14

§ 1609.1.  Type of driving certification requirements.

15

(a)  Self-certification requirement.--An applicant for a

16

commercial driver learner's permit or initial commercial

17

driver's license must make one of the applicable self-

18

certifications from the following:

19

(1)  Nonexcepted Interstate Commerce. A certification

20

that the applicant:

21

(i)  operates or expects to operate in interstate

22

commerce;

23

(ii)  is subject to and meets the medical

24

qualification requirements under 49 CFR Part 391

25

(relating to qualifications of drivers and longer

26

combination vehicle (LCV) driver instructors); and

27

(iii)  acknowledges the requirement to obtain a

28

medical certificate under 49 CFR § 391.45 (relating to

29

persons who must be medically examined and certified).

30

(2)  Excepted Interstate Commerce. A certification that

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1

the applicant operates or expects to operate in interstate

2

commerce but engages exclusively in transportation or

3

operations excepted under 49 CFR §§ 390.3(f) (relating to

4

general applicability), 391.2 (relating to general

5

exceptions), 391.68 (relating to private motor carrier of

6

passengers (nonbusiness)) or 398.3 (relating to

7

qualifications of drivers or operators) from all or parts of

8

the qualification requirements of 49 CFR Part 391, and is

9

therefore not required to obtain a medical examiner's

10

certificate under 49 CFR § 391.45.

11

(3)  Nonexcepted Intrastate Commerce. A certification

12

that the applicant:

13

(i)  operates in intrastate commerce;

14

(ii)  is subject to and meets the medical

15

qualification requirements of 67 Pa. Code Ch. 231

16

(relating to intrastate motor carrier safety

17

requirements); and

18

(iii)  acknowledges the requirement to obtain a

19

medical certificate.

20

(4)  Excepted Intrastate Commerce. A certification that

21

the applicant operates in intrastate commerce, but engages

22

exclusively in transportation or operations excepted from all

23

or parts of the driver qualification requirements in 67 Pa.

24

Code Ch. 231 and is not required to obtain a medical

25

certificate.

26

(b)  Existing drivers.--A holder of a commercial driver's

27

license shall submit to the department a self-certification of

28

driving which complies with subsection (a) within 30 days of

29

notice by the department.

30

§ 1609.2.  Medical certification.

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1

(a)  Requirements.--An individual who certifies that the

2

individual operates or expects to operate a commercial motor

3

vehicle in nonexcepted interstate commerce or nonexcepted

4

intrastate commerce shall provide the department with an

5

original or photographic copy of a medical examiner's

6

certificate prepared by a medical examiner. The medical

7

examiner's certificate shall be valid for up to two years from

8

the date of the medical examination.

9

(b)  Maintaining certification.--A CDL holder who certifies

10

intent to operate a commercial motor vehicle in nonexcepted

11

interstate commerce or nonexcepted intrastate commerce shall

12

provide the department with an original or copy of a

13

subsequently issued medical examiner's certificate.

14

(c)  Noncompliance with medical requirements.--

15

(1)  This subsection applies in the following

16

circumstances:

17

(i)  Upon the expiration of a medical certification

18

or a medical variance issued by the Federal Motor Carrier

19

Safety Administration or the department.

20

(ii)  If the Federal Motor Carrier Safety

21

Administration notifies the department that a medical

22

variance was rescinded.

23

(2)  If this subsection applies, the department shall

24

notify a nonexcepted commercial driver that the driver is no

25

longer in conformance with the medical certification

26

requirements and that the CDL designation will be removed

27

from the driver's license unless the driver:

28

(i)  submits a current medical certificate or medical

29

variance; or

30

(ii)  changes the self-certification to driving only

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1

in excepted interstate commerce or excepted intrastate

2

commerce.

3

§ 1609.3.  Noncompliance with certification requirements.

4

The department shall remove the commercial driver license

5

designation from the driver's license of an individual who is

6

not in compliance with section 1609.1 (relating to type of

7

driving certification requirements) or section 1609.2 (relating

8

to medical certification).

9

Section 5.  Sections 1610(b)(2), 1611(l) and 6154 3116(d)(3)

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10

(ii), (e)(3), (i)(3), (l) and (q) of Title 75 are amended to

11

read:

12

§ 1610.  Commercial driver's license.

13

* * *

14

(b)  Classifications, endorsements and restrictions.--

15

* * *

16

(2)  The following codes shall be used as required to

17

describe the commercial driver's license endorsements and

18

restrictions. Additional endorsements and restrictions may be

19

added by regulation for use on the commercial driver's

20

license:

21

A - Restricts the driver to driving under 49 CFR §

22

391.62(c) (relating to limited exemptions for

23

intracity zone drivers).

24

G - Indicates qualification under 49 CFR § 391.62(e).

25

H - Authorizes the driver to operate a vehicle

26

transporting hazardous materials.

27

L - Restricts the driver to vehicles not equipped

28

with air brakes.

29

N - Authorizes driving tank vehicles.

30

P - Authorizes driving vehicles carrying passengers.

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1

Q - Requires the driver to wear corrective lenses.

2

S - Authorizes the driver to operate a school bus.

3

T - Authorizes driving double and triple trailers.

4

V - Indicates that the driver has been issued a

5

medical variance.

6

X - Represents a combination of hazardous materials

7

and tank vehicle endorsements.

8

Y - Requires the driver to wear a hearing aid.

9

* * *

10

§ 1611.  Disqualification.

11

* * *

12

(l)  Disqualification for incomplete, incorrect or fraudulent

13

application or certification.--The department shall disqualify

14

any person from driving a commercial motor vehicle for 60 days

15

upon canceling the person's commercial driver's license pursuant

16

to section 1572(a)(1)(ii) (relating to cancellation of driver's

17

license) involving an application or certification related to

18

the requirements of this chapter.

19

* * *

20

§ 3116.  Automated red light enforcement systems in first class

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21

cities.

22

* * *

23

(d)  Penalty.--

24

* * *

25

(3)  A fine is not authorized during:

26

* * *

27

(ii)  The first [60] 45 days for each additional

28

intersection selected for the automated system.

29

* * *

30

(e)  Limitations.--

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1

* * *

2

(3)  Notwithstanding any other provision of law,

3

information prepared under this section and information

4

relating to violations under this section which is kept by

5

the city of the first class, its authorized agents or its

6

employees, including recorded images, written records,

7

reports or facsimiles, names[,] and addresses [and the number

8

of violations under this section], shall be for the exclusive

9

use of the city, its authorized agents, its employees and law

10

enforcement officials for the purpose of discharging their

11

duties under this section and under any ordinances and

12

resolutions of the city. The information shall not be deemed

13

a public record under the act of [June 21, 1957 (P.L.390,

14

No.212), referred to] February 14, 2008 (P.L.6, No.3), known 

15

as the Right-to-Know Law. The information shall not be

16

discoverable by court order or otherwise, nor shall it be

17

offered in evidence in any action or proceeding which is not

18

directly related to a violation of this section or any

19

ordinance or resolution of the city. The restrictions set

20

forth in this paragraph shall not be deemed to preclude a

21

court of competent jurisdiction from issuing an order

22

directing that the information be provided to law enforcement

23

officials if the information is reasonably described and is

24

requested solely in connection with a criminal law

25

enforcement action.

26

* * *

27

(i)  System administrator.--

28

* * *

29

(3)  The system administrator shall submit an annual

30

report to the chairman and the minority chairman of the

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1

Transportation Committee of the Senate and the chairman and

2

minority chairman of the Transportation Committee of the

3

House of Representatives. The report shall be considered a

4

public record under the Right-to-Know Law and include for the

5

prior year:

6

(i)  The number of violations and fines issued.

7

(ii)  A compilation of fines paid and outstanding.

8

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

9

manufacturer under this section.

10

* * *

11

(l)  Payment of fine.--

12

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

13

issued may admit responsibility for the violation and pay the

14

fine provided in the notice.

15

(2)  Payment must be made personally, through an

16

authorized agent or by mailing both payment and the notice of

17

violation to the system administrator. Payment by mail must

18

be made only by money order, credit card or check made

19

payable to the system administrator. The system administrator

20

shall remit the fine, less the system administrator's

21

operation and maintenance costs necessitated by this section,

22

to the department for deposit into the Motor License Fund.

23

[Fines deposited in the fund under this paragraph shall be

24

used by the department to develop, by regulation, a

25

Transportation Enhancements Grant Program.] Except as

26

otherwise provided under paragraphs (4) and (5), the

27

department shall use the fines deposited in the fund under

28

this paragraph as prescribed under 67 Pa. Code Ch. 233

29

(relating to transportation enhancement grants from automated

30

red light enforcement system revenues).

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1

(3)  Payment of the established fine and applicable

2

penalties shall operate as a final disposition of the case.

3

(4)  Distribution of fine revenue under paragraph (2)

4

shall be as follows:

5

(i)  Fifty percent of the revenue generated through

6

an automated red light enforcement program under this

7

section shall be used exclusively for funding of

8

transportation enhancement grants in the city in which

9

the violation was prosecuted as provided under 67 Pa.

10

Code § 233.8(g)(1) (relating to grant selection process

11

and criteria).

12

(ii)  Fifty percent of the revenues generated through

13

the automated red light enforcement program shall be

14

available for funding of transportation enhancement

15

grants to eligible sponsors throughout this Commonwealth

16

as provided under 67 Pa. Code § 233.8(g)(2) except that a

17

city of the first class, second class or second class A

18

that implements the automated red light enforcement

19

program shall be ineligible to receive grants under 67

20

Pa. Code Ch. 233. This subparagraph shall not apply to

21

any grants expended or committed prior to the effective

22

date of this subparagraph.

23

(5)  The department is allocated 2% of all automated red

24

light enforcement revenues transferred to the Motor License

25

Fund under this subsection for its costs in administering

26

transportation enhancement grants.

27

* * *

28

(q)  Expiration.--This section shall expire December 31,

29

[2011] 2017.

30

Section 5.1.  Title 75 is amended by adding a section to

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1

read:

2

§ 3117.  Automated red light enforcement systems in certain  

3

cities.

4

(a)  General rule.--A city, upon passage of an ordinance, is

5

authorized to enforce section 3112(a)(3) (relating to traffic-

6

control signals) by recording violations using an automated red

7

light enforcement system approved by the department.

8

(b)  Applicability.--

9

(1)  This section shall only be applicable at

10

intersections in a city designated by the system

11

administrator in consultation with the secretary under the

12

requirements of paragraph (2).

13

(2)  No automated red light system shall be installed

14

until the system administrator provides notice to the

15

department of the location of each intersection. After

16

receiving notice and before the system may be installed, the

17

department shall have 60 days to review each proposed

18

intersection and to issue a recommendation to the system

19

administrator which shall include all of the following:

20

(i)  A statement on whether the proposed intersection

21

is an appropriate location for an automated red light

22

enforcement system.

23

(ii)  The data on which the department based the

24

recommendation.

25

(iii)  The location of an alternative intersection in

26

the city that the department determines is appropriate

27

for an automated red light enforcement system.

28

(3)  If the department does not issue a recommendation to

29

the system administrator within 60 days, the department shall

30

be deemed to recommend the intersection proposed by the

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1

system administrator as an appropriate location.

2

(4)  For each instance the system administrator

3

determines not to follow the recommendation of the department

4

issued under paragraph (2), the system administrator shall

5

provide the following in the annual report required under

6

subsection (j)(3):

7

(i)  A copy of the department's recommendation.

8

(ii)  A statement explaining the reasons for the

9

system administrator's decision.

10

(iii)  The data the system administrator relied upon

11

in making the decision.

12

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

13

the owner of the vehicle shall be liable for the penalty imposed

14

unless the owner is convicted of the same violation under

15

another section of this title or has a defense under subsection

16

(g).

17

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

18

of a certificate, based upon inspection of recorded images

19

produced by an automated red light enforcement system and sworn

20

to or affirmed by a police officer employed by the city shall be

21

prima facie evidence of the facts contained in it. The city must

22

include written documentation that the automated red light

23

enforcement system was operating correctly at the time of the

24

alleged violation. A recorded image evidencing a violation of

25

section 3112(a)(3) shall be admissible in any judicial or

26

administrative proceeding to adjudicate the liability for the

27

violation.

28

(e)  Penalty.--

29

(1)  The penalty for a violation under subsection (a)

30

shall be a fine of $100 unless a lesser amount is set by

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1

ordinance.

2

(2)  A fine is not authorized for a violation of this

3

section if any of the following apply:

4

(i)  The intersection is being manually controlled.

5

(ii)  The signal is in the mode described in section

6

3114 (relating to flashing signals).

7

(3)  A fine is not authorized during any of the

8

following:

9

(i)  The first 60 days of operation of the automated

10

system at the initial intersection.

11

(ii)  The first 45 days for each additional

12

intersection selected for the automated system.

13

(4)  A warning may be sent to the violator under

14

paragraph (3).

15

(5)  A penalty imposed under this section shall not be

16

deemed a criminal conviction and shall not be made part of

17

the operating record under section 1535 (relating to schedule

18

of convictions and points) of the individual upon whom the

19

penalty is imposed, nor may the imposition of the penalty be

20

subject to merit rating for insurance purposes.

21

(6)  No surcharge points may be imposed in the provision

22

of motor vehicle insurance coverage. Fines collected under

23

this section shall not be subject to 42 Pa.C.S. § 3571

24

(relating to Commonwealth portion of fines, etc.) or 3573

25

(relating to municipal corporation portion of fines, etc.).

26

(f)  Limitations.--

27

(1)  No automated red light enforcement system shall be

28

utilized in such a manner as to take a frontal view recorded

29

image of the vehicle as evidence of having committed a

30

violation.

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1

(2)  Notwithstanding any other provision of law, camera

2

equipment deployed as part of an automated red light

3

enforcement system as provided under this section must be

4

incapable of automated or user-controlled remote intersection

5

surveillance by means of recorded video images. Recorded

6

images collected as part of the automated red light

7

enforcement system may only record traffic violations and may

8

not be used for any other surveillance purposes. The

9

restrictions set forth under this paragraph shall not be

10

deemed to preclude a court of competent jurisdiction from

11

issuing an order directing that the information be provided

12

to law enforcement officials if the information is reasonably

13

described and is requested solely in connection with a

14

criminal law enforcement action.

15

(3)  Notwithstanding any other provision of law,

16

information prepared under this section and information

17

relating to violations under this section which is kept by

18

the city, its authorized agents or employees, including

19

recorded images, written records, reports or facsimiles,

20

names and addresses, shall be for the exclusive use of the

21

city, its authorized agents, its employees and law

22

enforcement officials for the purpose of discharging their

23

duties under this section and under any ordinances and

24

resolutions of the city. The information shall not be deemed

25

a public record under the act of February 14, 2008 (P.L.6,

26

No.3), known as the Right-to-Know Law. The information shall

27

not be discoverable by court order or otherwise, nor shall it

28

be offered in evidence in any action or proceeding which is

29

not directly related to a violation of this section or any

30

ordinance or resolution of the city. The restrictions set

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1

forth under this paragraph shall not be deemed to preclude a

2

court of competent jurisdiction from issuing an order

3

directing that the information be provided to law enforcement

4

officials if the information is reasonably described and is

5

requested solely in connection with a criminal law

6

enforcement action.

7

(4)  Recorded images obtained through the use of

8

automated red light enforcement systems deployed as a means

9

of promoting traffic safety in a city shall be destroyed at

10

the end of the 30 days following the final disposition of any

11

recorded event. The city shall file notice with the

12

Department of State that the records have been destroyed in

13

accordance with this section.

14

(5)  Notwithstanding any other provision of law,

15

registered vehicle owner information obtained as a result of

16

the operation of an automated red light enforcement system

17

under this section shall not be the property of the

18

manufacturer or vendor of the automated red light enforcement

19

system and may not be used for any purpose other than

20

prescribed in this section.

21

(g)  Defenses.--

22

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

23

section that the person named in the notice of the violation

24

was not operating the vehicle at the time of the violation.

25

The owner may be required to submit evidence that the owner

26

was not the driver at the time of the alleged violation. The

27

city may not require the owner of the vehicle to disclose the

28

identity of the operator of the vehicle at the time of the

29

violation.

30

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

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1

this section of a time period during which the vehicle was

2

reported to a police department of any state or municipality

3

as having been stolen, it shall be a defense to a violation

4

under this section that the vehicle has been reported to a

5

police department as stolen prior to the time the violation

6

occurred and had not been recovered prior to that time.

7

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

8

section that the person receiving the notice of violation was

9

not the owner of the vehicle at the time of the offense.

10

(h)  Department approval.--No automated red light enforcement

11

system may be used without the approval of the department, which

12

shall have the authority to promulgate regulations for the

13

certification and use of such systems.

14

(i)  Duty of city.--If a city elects to implement this

15

section, the following provisions shall apply:

16

(1)  The city may not use an automated red light

17

enforcement system unless an appropriate sign is posted in a

18

conspicuous place before the area in which the automated red

19

light enforcement device is to be used notifying the public

20

that an automated red light enforcement device is in use

21

immediately ahead.

22

(2)  The city or its designee shall serve as the system

23

administrator to supervise and coordinate the administration

24

of notices of violations issued under this section.

25

(3)  The following apply:

26

(i)  The system administrator shall prepare a notice

27

of violation to the registered owner of a vehicle

28

identified in a recorded image produced by an automated

29

red light enforcement system as evidence of a violation

30

of section 3112(a)(3). The issuance of the notice of

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1

violation must be done by a police officer employed by

2

the police department with primary jurisdiction over the

3

area where the violation occurred. The notice of

4

violation must have attached to it all of the following:

5

(A)  A copy of the recorded image showing the

6

vehicle.

7

(B)  The registration number and state of

8

issuance of the vehicle registration.

9

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

10

violation.

11

(D)  Notice that the violation charged is under

12

section 3112(a)(3).

13

(E)  Instructions for return of the notice of

14

violation.

15

(ii)  The text of the notice must be as follows:

16

This notice shall be returned personally, by mail or

17

by an agent duly authorized in writing, within 30

18

days of issuance. A hearing may be obtained upon the

19

written request of the registered owner.

20

(j)  System administrator.--

21

(1)  The system administrator may hire and designate

22

personnel as necessary or contract for services to implement

23

this section.

24

(2)  The system administrator shall process fines issued

25

under this section.

26

(3)  The system administrator shall submit an annual

27

report to the chairman and the minority chairman of the

28

Transportation Committee of the Senate and the chairman and

29

minority chairman of the Transportation Committee of the

30

House of Representatives. The report shall be considered a

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1

public record under the Right-to-Know Law, and include for

2

the prior year:

3

(i)  The number of violations and fines issued.

4

(ii)  A compilation of fines paid and outstanding.

5

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

6

manufacturer under this section.

7

(k)  Notice to owner.--In the case of a violation involving a

8

motor vehicle registered under the laws of this Commonwealth,

9

the notice of violation must be mailed within 30 days after the

10

commission of the violation or within 30 days after the

11

discovery of the identity of the registered owner, whichever is

12

later, to the address of the registered owner as listed in the

13

records of the department. In the case of motor vehicles

14

registered in jurisdictions other than this Commonwealth, the

15

notice of violation must be mailed within 30 days after the

16

discovery of the identity of the registered owner to the address

17

of the registered owner as listed in the records of the official

18

in the jurisdiction having charge of the registration of the

19

vehicle. A notice of violation under this section must be

20

provided to an owner within 90 days of the commission of the

21

offense.

22

(l)  Mailing of notice and records.--Notice of violation must

23

be sent by first class mail. A manual or automatic record of

24

mailing prepared by the system administrator in the ordinary

25

course of business shall be prima facie evidence of mailing and

26

shall be admissible in any judicial or administrative proceeding

27

as to the facts contained in it.

28

(m)  Payment of fine.--

29

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

30

issued may admit responsibility for the violation and pay the

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1

fine provided in the notice.

2

(2)  Payment must be made personally, through an

3

authorized agent or by mailing both payment and the notice of

4

violation to the system administrator. Payment by mail must

5

be made only by money order, credit card or check made

6

payable to the system administrator. The system administrator

7

shall remit the fine, less the system administrator's

8

operation and maintenance costs necessitated under this

9

section, to the department for deposit into the Motor License

10

Fund. Except as otherwise provided in paragraphs (4) and (5),

11

the department shall use the fines deposited in the fund

12

under this paragraph as prescribed under 67 Pa. Code Ch. 233

13

(relating to transportation enhancement grants from

14

authorized red light enforcement system revenues).

15

(2.1)  Notwithstanding the provisions of paragraph (2),

16

transportation enhancement grants awarded for projects in a

17

city of the second class shall be limited to the following

18

and in the following order of preference:

19

(i)  safety improvements for intersections within the

20

city at which red light camera enforcement is installed;

21

(ii)  safety improvements for intersections located

22

within the city; or

23

(iii)  actual construction, maintenance and repair of

24

streets, roadways and highways.

25

(3)  Payment of the established fine and applicable

26

penalties shall operate as a final disposition of the case.

27

(4)  Distribution of fine revenue under paragraph (2)

28

shall be as follows:

29

(i)  Fifty percent of the grant revenues generated

30

through an automated red light enforcement program under

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1

this section shall be used exclusively for funding of

2

transportation enhancement grants in the city in which

3

the violation was prosecuted as provided in 67 Pa. Code §

4

233.8(g)(1) (relating to grant selection process and

5

criteria).

6

(ii)  Fifty percent of the grant revenues generated

7

through the automated red light enforcement program shall

8

be available for funding of transportation enhancement

9

grants to eligible sponsors throughout this Commonwealth

10

as provided under 67 Pa. Code § 233.8(g)(2) except that a

11

city of the first class, second class or second class A

12

that implements the automated red light enforcement

13

program shall be ineligible to receive grants under 67

14

Pa. Code Ch. 233. This subparagraph shall not apply to

15

any grants expended or committed prior to the effective

16

date of this subparagraph.

17

(5)  The department is allocated 2% of all automated red

18

light enforcement revenues transferred to the Motor License

19

Fund under this subsection for its costs in administering

20

transportation enhancement grants.

21

(n)  Hearing.--

22

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

23

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

24

request a hearing to contest the liability alleged in the

25

notice. A hearing request must be made by appearing before

26

the system administrator during regular office hours either

27

personally or by an authorized agent or by mailing a request

28

in writing.

29

(2)  Upon receipt of a hearing request, the system

30

administrator shall in a timely manner schedule the matter

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1

before a hearing officer. The hearing officer shall be

2

designated by the city. Written notice of the date, time and

3

place of hearing must be sent by first class mail to the

4

owner.

5

(3)  The hearing shall be informal; the rules of evidence

6

shall not apply; and the decision of the hearing officer

7

shall be final, subject to the right of the owner to appeal

8

the decision to the magisterial district judge.

9

(4)  If the owner requests in writing that the decision

10

of the hearing officer be appealed to the magisterial

11

district judge, the system administrator shall file the

12

notice of violation and supporting documents with the

13

magisterial district judge, who shall hear and decide the

14

matter de novo.

15

(o)  Compensation to manufacturer or vendor.--If a city has

16

established an automated red light enforcement system deployed

17

as a means of promoting traffic safety and the enforcement of

18

the traffic laws of this Commonwealth or the city, the

19

compensation paid to the manufacturer or vendor of the automated

20

red light enforcement system may not be based upon the number of

21

traffic citations issued or a portion or percentage of the fine

22

generated by the citations. The compensation paid to the

23

manufacturer or vendor of the equipment shall be based upon the

24

value of the equipment and the services provided or rendered in

25

support of the automated red light enforcement system.

26

(p)  Duration of yellow light change interval.--The duration

27

of the yellow light change interval at intersections where

28

automated red light enforcement systems are in use shall conform

29

to the yellow light change interval duration specified on the

30

traffic signal permit issued by the department or city of the

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1

second class.

2

(q)  Revenue limit.--A city may not collect an amount equal

3

to or greater than 5% of its annual budget from the collection

4

of revenue from the issuance and payment of violations under

5

this section.

6

(r)  Expiration.--This section shall expire December 31,

7

2017.

8

(s)  Definition.--As used in this section, the term "city"

9

means:

10

(1)  A city of the third class with a minimum population

11

of 18,000, under the 2010 Federal decennial census, and a

12

full-time police department.

13

(2)  A city of the second class A.

14

(3)  A city of the second class.

15

Section 5.2.  Section 6154 of Title 75 is amended to read:

16

§ 6154.  Nonreciprocity of operational limitations.

17

(a)  General rule.--If any other state with which the

18

department has entered into a reciprocity agreement, including

19

the International Registration Plan, imposes an operational

20

limitation, burden or prohibition upon vehicles with a base

21

jurisdiction of Pennsylvania but not upon vehicles with a base

22

jurisdiction of the other state, the Commonwealth shall impose a

23

like operational limitation, burden or prohibition upon the same

24

class of vehicles that are operating in this Commonwealth but

25

based in the other state. Operational limitations shall include

26

the maximum weight, width, length or height of a vehicle.

27

(b)  Penalty.--A person who violates this section commits a

28

summary offense and shall, upon conviction, be sentenced to pay

29

a fine of not less than $500 and not more than $1,000 for each

30

violation.

- 25 -

 


1

Section 2.  This act shall take effect in 60 days.

<--

2

Section 6.  This act shall take effect as follows:

<--

3

(1)  The following provisions shall take effect in 60

4

days:

5

(i)  The amendment of the definition of "emergency

6

vehicle" in 75 Pa.C.S. § 102.

7

(ii)  The addition of 75 Pa.C.S. § 1606(b)(7) §§

<--

8

1607(b)(7) and 3117.

9

(iii)  The amendment of 75 Pa.C.S. § 6154 §§ 1332(b)

<--

10

(2), 3116(d)(3)(ii), (e)(3), (i)(3), (l) and (q) and

11

6154.

12

(2)  This section shall take effect immediately.

13

(3)  The remainder of this act shall take effect January

14

30, 2012.

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